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.
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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
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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
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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
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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~
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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:
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