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.
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(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(9) V~hether or not any permit has been revoked and if so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
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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
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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
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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
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(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
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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
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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
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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 ........
"'~ . · ~"~~~~~