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HomeMy WebLinkAboutORD NO 320 0RDI ANC r0.3 P NEW SERI .S · AN ORDI~ANCE REQUIRING .iLL RENT CARS AND TAXICABS TO SECURE A PER~.~IT FOR A STt~ND, PROVIDING THE REGU.MTIONS AND T~'iE~OOS T0 SECURE A' STAND, DEFIN- INING ?~HAT ~ICLES 2HALL SEC~E 'A PERMIT, I~IM(ING TE VIOL~TION THEREOF A I~IISDEMEANOR AND PROVIDING A PENAI,TY THEREFOR, AND REEALING-"0RDINANCE N0. 1V3 ~E'V S ,RIES 0F THE CITY GF BAKER~IE~, A~ ALL PARTS 0F 0T~R!~INANCES IN CONFLICT H~E'¥ITH. BE IT 0RDA-INED BY THE ~0~.~II, 0F T~'~ CITY 0F BA~qFIELD, as follows: It shall be unlawf~;1 for any person, firm or corporation who drives or operates an.v rent car, automobile for hire, taxicab, auto s.~ige, truck, omnibus, hack, coach or other vehicle within the City of Bakersfield, while awaitfrg for emplo.vment, to seek by solicitation emplo~Vment from any stand or parking space upon the ....~reets of the City of Bakersfield, without first securing from the City ~.'anager of the City of Bakersfield, a permit to occupy said stand or parking space as herein provided. ~ECTION 1.~'' All applications for permits under the provisions of this ordinance shall· be made out on forms to be obtained from the City ~anager, and among other things shall contain the following: f. .~.'~ the person to whom said permit for a stand is · -~. .. gra .~t vehicle if a motor vehicle~ the state license hUmbet, and the place designated as a stand for such vehicle, the kind of a vehicle for ~ich such permit is sought; the endorsement .. and written consent ·of the occupant of the first floor of that por- tion of the building upon the clearance immediately in front of which it is desired such vehicle shall stand, providing that if .. there is no occupant in the first floor of said building, or if there is no builc~ing.on~-~d premises, then said application must be en- dorsed by and. h~· the written consent of the owner or lesse of said · ,~. ..... , premises. SECTION 2. Said appl'i.~ation when so filled out and ·~ign~d shall be given to the City Manager of the City of Bakersfield, who shall at his discretion grant or deny said permit for a stand; provided, however, that in no case shall a permit be granted for any such vehicle to stand on 19th Street between F and M Streets in the City of Bakers- field, or on Baker Street between East 19th Street and the Southern Pacific Railroad tracks, in the City of Bakersfield. SECTION 3. Not more than four such vehicles shall be permitted to stand upon a street within the limits of any block and not more than two such vehicles shall be permitted to stand on one side of such street with- in any such block, and not more than two such vehicles shall be per- mitted to stand upon one side of such street within the limits of any one-half block. No such vehicle shall be permitted to stand within forty (40~.'feet of another such vehicle upon the same side of any street, and no such vehicle shall be permitted to stand within twenty-five (25) feet bf any alley intersection. Provided, further, that during the time any vehicle is absent from the place where such vehicle is permitted to stand as provided herein, then in that event the owner of the permit to stand such vehicle may substitute another vehicle owned by him, in the place and stead of the vehicle which is absent from the stand. Provided, however, the foregoing restrictions in this section shall not apply to automobile s tsges running on regular schedule between Bakersfield and other points. And provided further, that no stage shall occupy its' stand to exceed one (1) hour prior · ~..~-o to its schedule time for leaving Bakersfield. SECTION 4. Upon written notice the council may in its discretion re- voke the permit of any person whenever it shall appear to the satis- faction of said Council that the holder of same uses or operates said vehicle or permits same to be used or operated in an unlawful manner, or for lewd or immoral purposes or for carrying passengers to or from houses of prostitution or assignation, or upon good cause being shown that it is for the best interests of the public that said permit should be revoked, and the decision' of. said 'Ceuncil thereon shall be final and cor~clusivs. From the time of the revocation of any such permit it shall be unlawful for the person, firm or corporation whose permit is so revoked to occupy any stand or parking space designated as a stand, and designated in such permit, unless and until a new permit to occupy such stand shall have been granted s~ch person, firm or cor- poration as herein orovided. Sv, CTION 8. It shall be unlawful for an.v person, firm or coreDration, their agents or employes, o.~ any person on their own behalf, owning, operating,. driving or using automobiles for hire, or carrying on, maintaining or conducting any business under or by authority of an auto-mobile rent car ]~icense or automobile stage license except at the stand for which a permit has been granted as herein provided, to solicit for patronage or c~stomers in or upon any street ·~·.vithin the ~,ity of Bakersfield, or in or upon any other place within the City of Bakersfield. SECTI0~ 8. . At the time of making aoplicati~ for a p~rmit as herein provided for, the aDn3_icsnt shall verify, under oath, that he has not, nor has anyone for him or on his beha].f paid, or promised to pay, or offered to pay, nor agreed to pay, deliver or give anything of value for obtaining the consent or endorsement by the occupant or person required to give such consent to the granting of a permit to occup~r any stand upon the streets as required by Section I of this ord.~.nance. It shall be unlawful for any person, firm or corporation to give, take or receive any consideration of value for the obtain- ing of said consent to occupy such stand upon any street in the City of Bakersfield as required in Section 1 of this ordinance, and for the '~iolation hereof such person shall be deemed guilty of a misdemeanor and punished as provided herei~. SECTION V. Any person, firm or corDoration violating any of the -~_ provisions of this Ordinance shall be de~.med ~milty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed three hundred dollars or by imprisonment in the County Jail of Kern County not exceeding ninety 'days, or by both such fine a~d imprisonment. Each day such vehicle for hire is operated in viola- tion of this ord:.nance the person operating same sh~ll be deemed guilty of a separate offense. ~ECTION 8. If any Section, subsection, clause or phrase of this ordinance is for any reason held to be unconstitutional, such cisions shall.not affect the validity of the remaining portions of this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact ~at any one or more other sections, subsections, sentences, clauses or phrases be declared unconstitutional. SECTION 9. That Ordinance No. 173 New Series of the City of Bakersfield and all other ordinances or parts of ordinances in conflict herewith · are hereby expressly repealed. ~is ord~.nance shall not in any ~vay affect or be deemed to affect, m6dify, alter or chahge in any my Ordinance No. 319 New Series of the City of Bakersfield. I HEREBY 3ERTIFY that the foregoing Ordinance was passed and adop~d by the Council of the City of Bakersfield on the day of~ , 19S9, by the following vote: Cie~k of ~e Council of the City of Bakersfield. A~PRO~D this/~ day of 19~9 M~YOR ofTthe City of