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HomeMy WebLinkAboutORD NO 541ORDINANCE NO .~/NE'~'J SERIES AN 01~DIi':ANCE TO H~C-UI~TE THE RATES, I~ULES AND PRAC- TICES OF TAXICABS 0PI~HATIA~G ~A~: TH.~ CITY 0F BAKEHS- FIELD, PRESCRIBING T~:RMS AND CO~'~DITION~ XH~DE~. SUCF. OPEnATTO]..S ~Y BE CO~DUCTED, R~S~U_rIRING ALL TAXI- CABS TO SECUR~ A PER},.YrT FOR A STAND, PROVID!EG THE REGULATIONS Ab]D "'Q]THOD,~ TO SECURE A STAND, DEFINI]~G w.E4AT VEI~'ICL~ SLALL S.ECUi~E A P~H~,IT, PROVIDIA4G PENAL- TIES FOR VIOLt!.TIO,.,~ OF THIS Oi~DIEA~.;CE, AND R~PEALING ORDINANCE~ NOS. ~19, ~20 AND 522 NEW SERIES ~'~D ALL OTHER 0RDIYfAi:CES I'-' CO~,iFLICT HEH~,jITH. BE IT ORDAINED BY THE COLrNCIL OF T~RE CITY OF BA]~Ho.FIELD, as follo~vs: SECT'fOi~ 1. It shall be unlanful for any person, firm or corporation to operate any taxicab or automobile for hire in the City of Bakersfield unless and %Lntil the o~.~ner thereof shall apply for and obtain a permit so to do, which permit shall be applied for, granted and in effect all in compliance with the provisions of this ordinance. SECT~O~'.~ The application for such ovmer's permit shall be verified and shall set forth the following: (1) The full name of such o~ner or owners, and if a fictitious name or co-partnership, the full name of each of the owners. (2) The make, type, motor number and license number of each automobile to be used by said applicant. (~) A photograph of the applicant and all persons to be directly or indirectly interested in the permit, if granted. (~) The residence and business address and citizenship of the applicant, including all members of any firm or partnership, and all officers and directors of any corporation applying. (5) The location of the proposed business, stand or stands from which said taxicabs or automobiles for hire are to be operated and the name of the owner or ground'floor tenant, and the present use of such premises in which or by which said stands are located. -1- (6) The ~ritten consent by the owner or ground floor tenant of the building adjacent to any proposed stand. (V) The exact nature of the proposed business for which the permit is requested and the name under which it is to be operated. (8) The past experience of the applicant relating to the business for which the permit is requested, and the name, address and past experience of each of the persons to be in charge of the premises or business. (9) V~hether or not any permit has been revoked and if so the circumstances of such revocation. (10) The number of vehicles proposed to be operated. (ll) A schedule of the rate or rates to be charged. (l~) The color scheme or characteristic insignia to be used to designate the vehicles of said owner. (13) Such further information as the Nanager of the City of Bakersfield may require. / SECTION 3. The application for such perm~it shall be made to the Nanager of the City of Bakersfield, who shall, in his discretion, grant or refuse the permit, provided that the permit shall be denied: (1) If it appears to the satisfaction of the Manager that such vehicle or any vehicle proposed to be operated is inadequate or unsafe, and all models more than three years of age shall be considered inadequate and unsafe. (2) That the applicant has been convicted of a felony or the violation of any narcotic law, or any penal law involving moral' turpitude. (3) That the applicant's proposed color scheme or other insignia will tend to confuse the identification of the vehicles owned by such applicant with those of another owner already operat- ing within the City of Bakersfield. The City .~anager may deny the granting of any permit to operate any such vehicle in the City of Bakersfield for the reason that there is insufficient public need or demand for t~e operation of the vehicle or vehicles for which a permit has been applied, or for any reasonable cause which, within his sound discretion, renders the proposed operations undesirable or inadequate. SECTIOA~ 4. The City Nanager may revoke or suspend any permit to operate any such public motor vehicle in the City of Bakersfield for any violation of any of the provisions of this ordinance or any ordinance relating to the traffic or use of the streets of the City of Bakers- field, or for a failure to pay any .iudgement for damages arising from the unlawful or negligent operation of any motor vehicle for which the permit was issued, or on any of the grounds for v~hich he must deny an application. SECTI ON 5. Should any applicant or applicants be dissatisfied with the decision of the City l~Ianager for failure to grant a permit or for the revocation or suspension of said permit, then said applicant may make written objection to the Council of the City of Bakersfield setting up the grounds for dissatisfaction, whereupon the Council shall fix a date for hearing said objections, and upon such hearing may sustain, suspend or overrule the decision of the Nanager, which said decision shall be final and conclusive. SECTION 8. Any owner holding a permit to operate one or more public vehicles, as provided in this ordinance, who desires to add to the number of such vehicles anG/or the number of stands to be occupied, shall do so only upon obtaining from the ~anager permission therefor, which shall be granted only upon application made in the same manner and under the same proceedings as are required in this ordinance for -3- obtaining the original permit. Any o~rmer holding a permit to operate one or more public vehicles as provided in this ordinance, who desires to substitute a different vehicle for a vehicle operating under such permit shall do so only upon obtaining from the I~anager permission therefor, w~ich shall be granted only upon the written application setting forth the particulars of such proposed substitution, and upon otherwise comply- ing with the requirements of this ordinance. The ~.~anager shall have the same authority in granting or denying such application for per- mission to add or substitute as is hereinbefore in this ordinance vested in him in the matter of original application, and the applicant shall have the same right for review of his decisions thereon as set'out above. SECTION V. It shall be unlawful for any owner to drive or operate or cause or permit to be driven or operated any taxicab or motor vehicle referred to herein, in the City of Bakersfield, until such owner shall have furnished the City of Bakersfield a good and sufficient policy of insurance securing the owner,.as defined herein, and any other person using or responsible for the use of any such vehicle, with the con- Sent, express or implied, of such o~mer, against loss from the liability imposed upon such owner by law for injury to, or death of, any person, or damage to property,'growing out of the maintenance, operation or ownership of any such motor vehicle to the amount or limit of Five Thousand Dollars ($8 000.00) exclusive of interest and costs, on , , account of injury to, or death of any one person, in any one accident, of Ten Thousand Dollars ($10,000.00), exclusive of interest and costs, on account of any one accident resulting in injury to or death of more than one person, and of One Thousand Dollars (~l,000.00) Dollars for damage to property of others, resulting from any one accident. Said motor vehicle liability policy shall inure to the -4- benefit of any and all persons, suffering loss or damage, either to person or property, as herein provided, and the liability of the insurance carrier shall be in no manner abrogated or abated by the death of the tort feasor and/or the owner. Such policy shall be subject to the approval of the City Manager and City Attorney of the City of Bakersfield. No policy shall be cancelled except upon ten (lO) days written notice to the City l~'ianager of intention to cancel. Said motor vehicle liability insurance shall be a contin~ing liability up to the full amount thereof notwithstanding any recovery thereon, and said policy shall so certify. If at any time, in the judge~:ent of the City Y~nager, said motor vehicle liability policies are not sufficient for any cause, said ~anager may require the owner of such public motor vehicle who filed the same to replace said policies within ten (lO) days after demand, with other policies which comply with the provisions of this ordinance. If said owner fails to re- place said motor vehicle policy within said ten (lO) days period with a good and. sufficient policy as aforesaid, satisfactory to said City ~anager and the City Attorney, the owner's permit issued hereunder shall be by such failure automatically s~spended until such ti~me a s such requirement is complied with, and the Chief of Police shall enforce such suspension. SECTION 8. It shall be unlawful for the owner or driver of any taxicab or automobile for hire, to operate the same or cause the sa~e to be operated without first having filed with the City Clerk a schedule of passenger rates or fares proposed to be charged. It shall also be unlawful for the owner or drive~ of any taxicab or automobile for hire to demand or charge any amount greater or less than the amount sbown on the sch. edule of passenger rates or fares on file with the City Clerk, which shall remain in effect until a new schedule of passenger -5- rates or fares has been approved by the City Council, as herein- after set forth. If such owner or driver desires to change the schedule of passenger rates or fares proposed to be charged, before so charging any different passenger rates or fares he shall file with the said City Clerk a new schedule of passenger rates or fares proposed to be charged, with a statement that it supercedes the schedule last theretofor filed, and giving the reasons for the proposed change or changes. Said amended schedule of passenger rates or fares shall not become effective until the same has been approved by the City Council. The schedule of rates in effect must be posted in a place conspicuous from the passenger's compartment of the taxicab at all times, and must be printed or typewritten in letters and figures sufficiently large to be legible to persons in the passenger's compartment. SECTION 9. It shall be unlawful for any driver to operate any taxicab in the City of Bakersfield unless there exists a valid permit so to do as herein provided. SECTIO~ lO. Application for such driver's permit shall be made to the City Manager. It shall be in writing and shall contain the following: (1.) Name, age, citizenship and address of the applicant. (2) A photograph of applicant. (3) Past experience as a driver, including the names and addresses of his employers during the preceding three (3) years. (4) Must have and present a chauffeur's license. (5) V'~ether or not any chauffeur's license issued to him by the State of California or any voked. governmental agency has ever been -6- (6). The name and address of the owner by whom he is to be employed as a driver. (V). Such application must be endorsed by the owner or owners. Upon application for a driver's permit and before it shall be issued the driver, whether the owner or otherwise, must evidence a proficient knowledge of the traffic laws of the City of Bakersfield and the State of California, and demonstrate his ability to operate a taxicab, all to the satisfaction of the City ivXanager. Upon satisfy- ing the foregoing requirements such driver s~all be finger-printed and a record thereof filed in the Police Department Bureau of Identi- fication. Said driver shall also file with his application ~o recent photographs, size 1½" by 1½", one to be filed with his application and one to be permanently attached to his driver's permit when issued, which permit shall be posted in a place conspicuous from the passenger's compartment of the taxicab while said driver is operating same. Every driver's permit issued here~nder shall set forth the name of the owner or owners for whom said driver is authorized to operate a taxicab, and shall be valid only so long as he continues in the employment of said owner or owners. Upon the termination of such employment the said driver shall forthwith surrender his driver's permit to the City Manager. No such driver's peEnit shall be issued to anyone under the age of twenty-one (21) years. Such driver's permit may be denied upon substantial evidence of facts of either physical or moral defi- ciencies of the applicant w hick, in the sound discretion of the City Manager, would render such applicant an incompetent person to operate a taxicab. No such driver's permit issued hereunder shall be transferable. All drivers employed by any give~ owner or o~ners ~vbile on duty shall wear a distinctive cap, and a badge bearing the drivsr's number. Only such caps and badges shall be worn as have been aDproved by the City Manager for use by drivers employed by a particular owner or owners. Badges s~all be worn in a conspicuous position, and must -V- conform to recommendations of the Nanager. Upon the termination of the employment of any driver, the owner for ~vho~ such driver has been working shall immediately give the City ~ana6er written notice of such termination. SECTION ll. The City manager and the Chief of Police, and either of them, shall have the power to revoke or suspend any driver's permit issued hereunder in the event the holder thereof shall be found guilty of a violation of any provisions of this ordinance, or shall be found guilty of reckless driving, or for the violation of any other provi- sions of this ordinance or other law, which violation, in the so~d discretion of said official, shall be deemed sufficient evidence of the fact that said driver is not a competent person to operate a taxicab. If the revocation is by the Chief of Police he shall forth- with report the same to the City hanager in writing, together with his reasons therefor. · In the event of such revocation or suspension of a driver's permit, such certificate as raay be issued in connection therewith shall be, by the holder thereof, forthwith surrendered to the City Manager. Should any driver be dissatisfied with the decision of the City ~naZer or the Chief of Police he may make written application for a review of said decision, giving his reasons for dissatisfaction therewith to the City Council, whereupon the City Council shall fix a date for hea~ing and the decision of the Council shall be final. SECTION l~. ~o driver of any taxicab, or agent of the o~mer or operator thereof, shall solicit passengers except from a taxicab stand or ~hile standing immediately adjacent thereto on the curb side thereof. SECTION 13. No advertising of any kind, either on the inside or the outside of any of said taxicabs, shall be carried, other than their -8- own insignia and telephone number. Advertisements of entertainment events, business, or otherwise, are strictly prohibited. SECTION 14. No driver of any taxicab shall cruise in search of passengers at any time, and vrhenever all passengers have been discharged from any taxicab it shall be the duty of the driver thereof to proceed at once by the most direct route to the regular stand of such taxicab or garage, or other point where said vehicle is stored. It shall be unlawful to park a taxicab at any point other than at a taxicab stand except while receivin~ or discharging passengers or responding to calls. SECTi0~ 15. Stands for taxicabs and vehicles for hire shall be maintained and occupied only as provided by ordinances of the City of Bakersfield. SECTION 16. Any person, firm, corporation or association violating any of the provisions of this ordinance shall be deemed guilty of a mis- demeanor, and upon conviction thereof s~all be punishable by a fine of not mo~e than Five Hundred Dollars (~.~800.00), or by imprisonment in the County Jail for not more than six (6) ~onths, or by both such fine and imprisonment. SECT10N 1V. If any section, sub-section, sentence, clause or phrase of this ordinance is for any reason held to be invalid such decision shall not affect the validity of the remaining portions of tbis ordin- ance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that ~ny one or more sections, subsections, sentences, clauses or phrases be declared invalid. SECTI0~ 18. Ordinances Nos. 319, 3~0 and 5~ New Series of t~e City of -9- Bakersfield, and all other ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. .......... o0o .......... I I~EI{EBY CERTIFY thst the foregoing Ordinance was passed t r f e h __o of~j1939, by the followring vote: AYES, BODEN, M~R~'4ADUKE, PAtiLY,tilIM~t4, r, M1'rH, E, OLLERS, WILSON :~:;::::::Z;:ZZ:ZZZZZZ ......: ......7'7 CI lerk of the Council of the City of Bakersfield. APPR0 ' D by me this/,~'~day of~'~,1~39 Ifti~ ~lostiug (~ri~ina res A ~ auit of u STATE OF CALIFORNIA! County of Kern ~ ss. V. ~:AN RIPER, being duly sworn, deposes and says: That he is the d appointed, acting and qualified Clerk of the City of Bakersfield; AN ORDINANCE TO REGULATE THE RATES, RULES AND PRACTICES OF TAXICABS OPERATING IN THE CITY OF BAKERSFIELD, PRESCRIBING TERMS AND CONDITIONS UNDER WHICH SUCH OPERATIONS MAY BE CONDUCTED, REQ~IRING ALL TAXICABS TO SECURE A PERMIT FOR A STAND, PROVIDING THE REGUL~TIONS AND E'RETHODS TO SECURE A STAND, DEFINING WHAT VEMICLES SHALL SECURE A PERMIT, PROVIDING PENALTIES FOR VIOLATI0~ OF THIS ORDINANCE, AND REPEALING ORDINANCES NOS. 319, 520 AND 822 NEW SERIES AND ALL OTHER ORDINANCES IN COIqFLICT HEREWITH. Subscrib~.~l and sworn to before me this ~ .................~._..day of ........ 19 ........ "'~ . · ~"~~~~~