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HomeMy WebLinkAboutORD NO 319 ORDINANCE NO. ~/~ N~N SERIES AN ORDINANCE PROVIDING FOR THE SUPERVISION AND REGULATION OF THE~ TR&NSPORTATION OF PERSONS FOR COMPENSATION IN AUTOMOBILES OVER PUBLIC STREETS IN THE CITY OF BAKERSFIELD BY TAXICABS OR RENT CARS; PROVIDING FOR THE ISSUANCE OF PERMITS FOR THE OPERATION OF SU~H RENT CARS OR TAXICABS; PROVIDING FOR THE E~YAMINATION OF THE DRIVERS OF SUCH TAXICABS OR RENT CARS; REQUIRING THE GIVING OF INSURANCE OR BOND BY THE O':~fNERS OF SUCH TAXI- CABS OR RENT CARS; AND MAKING A VIOLATION OF ANY OF THE PROVISIONS OF THIS ORDINANCE A MISDEMEAN- OR, AND PROVIDING A PENALTY THER~EFOR; AND REPEAL- ING ALL ORDINANCES OR PARTS OF ORDI~ANCES IN CON- FLICT H~RE~..'VITH. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD, as follows .- SECTION 1. Definitions. (a) The term "street" as used in this ordinance shall mean any place commonly used for the purpose of public travel. (b) The term "owner" as used in this ordinance shall be held to include every person, firm or corporation having use or control of or right to use or control any passenger-carrying automobile or motor-propelled vehicle or automobile for hire as herein defined, under ownership, lease or otherwise. (c) The te..En "driver" as used in this ordinance shall include every person in charge of or operating any passenger carrying or motor-propelled vehicle or automobile for hire as herein defined, either as agent, employee or otherwise, under the direction of the owner as herein defined. (d) The term "automobile for hire" shall mean and include any motor vehicle owned, controlled, operated or managed for public use and hire in the transportation of persons over any public streets in the City of Bakersfield, whether operated wholly or partially with- in said City of Bakersz~teld; provided that ambulances, hearses, or street car busses which operate over a defined route and which oper- ate between two fixed points, and are not routed under the direction of such passengers or of such persons hiring such vehicle, shall not be construed as automobiles f-or hire within the meaning hereof. -1- SECTION 2. It shall be unlawful'~f~...~ny owner to operate~..'~Or cause to be operated, any automobile for hire as defined here in first having a permit in writing as here in provided. Applications for such permits must be made on forms to be furnished by the City Manager of Said City and shall-.~.~ontain such information as said City Manager may require from ~ to time but at least must contain the following: (1) The name of such owner, whether fictitious name, corpora- tion, co-partnership or individual. Motor number and license number of such automobile for hire and the number of such automobiles for hire for which said permit is given. No permit shall be issued for longer than one year. Before issuing said permit said ovmer shall file with the said City Manager a paid policy of insurance or surety bond in such and containing such provisions as the City Manager may deem necessary, such policy and bond to be approved by said City Manager and such policy of insurance or bond shall insure the public against any loss or damage that may result to any person or property from the operation of such vehicle or vehicles or automobiles for hire; provided the minimum amount of recovery in such policies of insur- ance or bond here in specified, on each automobile for hire, shall not~'be less than the following mounts, namely: - For the injury of any one person, or the death of any one person in any one accident $5,000.00 For the injury of two or more persons, or the death of two or more persons, in any one ac- cident~ ................... $10,000.00 For the injury or destruction of property in any one accident-- $1,000.00 It shall be unlawful for any owner to operate or cause to be operated any vehicle or any automobile for hire as defined herein, or cause to be operated any such automobile f~r. hire with- · ~-~'out having a policy of insurance or bond, as described ceding section, in full force and effect at all times during the. operation of such vehicle. '.,~:c . ... SECTION 4. Every automobile for hire shall display in such vehicle in the pa~senger's compartment and in full view of the passenger or passengers, a card not less than two by four inches', which shall have printed thereon the owner's name, or the fictitious name under which he operates, and the business address ._and tele- phone niltuber of such ovalet. SECTION 5. It shall be unlawful for any driver to operate any auto- m~bite f. Dr hire as defined and mentioned herein within the City of Bakersfield without having a Valid permit to do so issued by the City Manager of the City of Bakersfield to such driver as herein provided · -~ Applications for such permi~ts shall be made to the City Manager of the City of Bakersfield upon blanks to be furnished by said City Manager, containing such information as the City Manager may require, provided; that no permit shall be issued to any such driver who is not a citizen of the United States, who is not of the age oi~;~venty-one years (21), and who shall not have passed the examination conducted by the examining board as here in mentioned, and who is not of such physical or mental ability as would qualify him or her as a careful and prudent driver,.~ and who shall not have a driver's license issued by the Motor Vehicle Department of the State of California- SECTION 6 · Said applications shall contain among other things the .""~' bet motor ~m and license number of such smtomobile for hire which · said driver shall operate, and the name of such driver, the length · ;"'of time that said driver has been drivip~g automobile~ the names and addresses of persons that said driver shall have worked for during the last five (5) years preceding the application for this permit. ':"'~'~ The examining board as herein mentioned shal~ns.~.~ of -3- . ~ . · ':.k .:~ .,~.:-.:?f · ~:,..~.- .......~ the City Manager and two competent persons who shall be appointed by said City Manager, and said examining board shall ~ such times and places as they shall determine conduct an oral or W~..~. ex- amination of any and all persons who shall make applKca~ion to have issued to them a peEnit for drivers of automobiles for hire, as provided for in this ordinance, and said examining board may p~. cribe such rules and tests for such examinations as they in their' opinion deem best that will require of all a~plicants the.~·qualifi- cations best needed for drivers of automobiles for hire as herein mentioned · .~...:. .~. - Said applicants shall have been ~emed to have passed the examination by a majority of the said examining board indicating their approval of said applicants. ..~.,L~."L SECTION V. It shall be unlawful fo~ any drlve~ to operate or cause to be operated any automobile for hire as defined herein without having in his possession a permit to operate said automobile for hire as herein provided, and unless bearing u~on his person in a conspic- uous place a badge indicating his holding of such petit issued ~ the City of Bakersfield, mid badge to have such inscription and to be of such a form and ~si~ as may be detemined by the City Manager of the City oF Bakersfield. SECTION 8. Said pemit for drivers as he~ein provided shall be valid fo~ one yea~ after its issuance unless sooner terminated, and said permits for drivers will be deemed to have been teminated upon such driver giving up his residence in the City of Bakersfield; pro- vided said Manager may in his discretion have a right to extend such pemit fo~ an additional year upon said City Manager being convinced that said pemit holder has at all t~es complied wi~ the laws of the State of California and ordinances of the City of Bakersfield. SECTION 9. The City Manager of" the City of Bakersfield may in his -4- discretion grant or deny any of 6he applications for .t~he permits mentioned in this ordinance. """': .......... · SECTION 10. The permit provided for in this ordinance in reference to the owner or driver, shall be granted and accepted with the · ~ ,~..,, ·. Bakersfield may revoke the same at any time if any conditions of said permit have been violated, or if~'~'~.~ ..~older of said permit shall violate the provisions of this ordinance, or any ordinance of the City of Bakersfield, or any law of the State of California, or it is shown to the satisfaction of the said City Manager that said permit was obtained by false or fraudulent repres- entations; provided, however, that the holder of said permit may appear before the City Manager of the City of Bakersfield in his own behalf at and before revocation thereof, but that the City Manager shall be the judge of the qaestion of whether or not said permit shall be revoked, and his decision thereon shall be final and conclusive, except that said permit holder may appeal to the City Council to review the decision of the said City Manager, within five (5) days after the said City Manager shall have revoked said permit as herein provided. ~ECTION 11. All permits granted hereunder shall be valid until re- voked or surrendered, and the same shall not be assignable, and any owner of a permit for driver as herein mentioned shall at the time of securing his permit pay unto the said City Manager the sum of one dollar-and fifty cents ($1.50) for the issuance to him of a badge, which badge shall be of such form and design as shall and may be designed and decided upon by said City Manager, and upon the revooati._on of any permit or the sU.sp_ension thereof, or .the surfend- er thereof, the owner of said permit upon returning to said City Manager said badge heretofore issued to him shall receive and be paid'.by said City Manager the one dollar and fifty cents which shall ha~' been paid by said permit holder unto the said Ci.ty Manag~ ~ .- ~ .=.. ~ .~.~ ..... .~ ... . to o ~'~': ..... within the City of Bakersfield, coming within the purview and def- inition of this ordinance, shall have and they are hereby given · .j ,-.~.~ thirty (30) ~ays from and after the effective date of this or~ce .~..~.~ within which time to comply with the provisions of this ordin~ce. SECTION If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason he. ld to be unconstitutional or invalid, such decisions shall not affect the remaining portion of this ordinance. The Ci'ty Council hereby declares that it would have passed this 0~dinance and each section and subsection there- of, irrespective of the fact that any one or more of the sections, subsections, ~ntences, clauses or phrases be declared unconstitu- tional or invalid., SECTION 14. Any person, firm or corporation violating any of the pro- visions of this 0rdi~ance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed five hundred dollars, or by imprisonment in th~ County Jail of Kern County not exceeding one hundred and eighty days, or by both mch fine and imprisonment. Every person, firm or corporation violating any of the pro- visions of this Ordinance shall be deemed guilty of a separate of- fense for each day or portion thereof during which such violation continues and shall be punishable therefor as herein provided. SECTION 15. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. I HEREBY CERTIH that the foregoing ordinance was regu- larly introduced, passed and adopted by the Council of the City of Bakersfield, on khe3~da.v of~ 1928, b_v the following vote: ~ ~*a'