HomeMy WebLinkAboutORD NO 934 AN ORDINANCE AMENDING SECTIONS 25, 27, SUB-
SECTION (a) OF SECTION 28 AND SUBBECTION (a)
OF SECTION 29 OF ORDINANCE NO. 703 NEW SERIES
OF TW~. CITY OF BAKERSFIELD, CALIFORNIA.
BE IT ORDAINED by the Council of the City of Bakersfield, as
follows: ..
SECTION 1,
Section 25 of Ordinance No. 703 New Series is hereby a~nded
to read as follows:
Section 25. Camrier~s Responsibility. It shall be unlawful
for any carrier, as in this ordinance defined, to'permit the opera-
tion of any vehicle governed or affected by this ordinance by any
perso.n other than a holder of a Driver' s Permit as required .by
Section 27 of this ordinance.
SECTION 2o
Section 27 of Ordinance No. 703 New Series is ~ereby amended
to read as follows:
Section 2?. Driver. s Permit - Application for. (a) It shall
be unlawful for any person to d~ive, operate or be in chsmge of,
any taxicab or chauffeumed limousine governed or affected by this
ordinance, without having first obtained a D~lver,s Permit, issued
pursuant to this ordinance, so to do.
(b) Applicant for such permit shall appea~ personally and
file with the Chief of Police an application in writing, upon a fo~-m
fumnished by the Chief of Police, containing such info~mation as
said officer may require. Such application shall be accompanied
by a permit fee in the amount of Two Dollsms ($2.,00) (which fee
shall not be refunded for any reason), and a further sum of Two
Dollars ($2.00') as a deposit on applicant's Driver,s Badge (which
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latter sum is subject to ~efund as hereinafter provided.)
(c) Upon the receipt of such application accomPanied by the
required fee and deposit as provided above, the Chief of Police
shall, subject to the conditions contained in subdivision (d) of
this section, issue to such applicant a Driver's Permit and a
Driver's Badge. Such Driver's Badge shall be of distinctive design
with the words "Taxi Driver" thereon. Such permit shall state the
name of the ca, tier by whom the holder thereof is 'to be employed
and shall authorize the applicant to drive, operate or be in cha~ge
of any vehicle operated pursuant to the provisions of this ordinance
Only by the carrier named in the permit; provided, however, that the
permit holder may change his employer and drive, operate or be in
charge of vehicles operated pursuant to this ordinance by another
ca, tier after securing from the Chief of Police an endorsement on
his Driver's Permit of a change of carrier as hereinafter provided.
(d) No Driver's Permit shall Be issued to any such applicant
who is under the age of twenty-one years, or who is not the holder
of a valid, unrevoked and unsuspended chauffeurWs license issued by
the State of California, or who shall be deemed by tB~ Chief of
Police to be morally or otherwise unfit. A prior conviction of any
of the offenses mentioned in subsection (a) of Section 28 of this
ordinance shall be a good cause for denial of the Driver's Permit,
provided the Chief of Police shall deem the applicant unfit to be
the holder of such permit by reason of such conviction. The Chief
of Police shall consult such records and consider such evidence as
is a~ailable to him at the time of acting on the application to
· -determine the fitness of applicant.'
(e) As soon as possible after tB~ issuance of a Driver's
Permit, the Chief of Police shall make such further investigation
of the character and moral fitness of the applicant as he deems
necessary. After the completion of such further investigation, if
b~ is satisfied that the operation by applicant of a vehicle
authorized to be operated Under the tez~ns of this ordinance will
be detrin~ntal to the public health, peace, safety or welfa~e~ or
that the holder of such Driver's Pe;~-it is morally or otherwise
Unfit to hold the smue, he shall revoke such Driverts Permit as
provided in Section 28 hereof.
(f) The Chief of Police shall keep a copy of such Driver's
Permit on file in his office. Such Driver's Permit shall consti-
tute evidence of compliance with the terms of this ordinance. Such
Driver's Permit shall be effective Until the expiration date printed
thereon pursuant to subdivision (g) hereof, or until suspended or
revoked as herein provided.
(g) Ail permits issued as herein provided shall expire upon
the 31st day of December next following the date of issuance, Unless
suspended or x evoked as elsewhere b~rein provided.
(h) A renewal Driver's Permit shall be issued by the Chief
of Police to any permitt®e who has paid a fee of One Dollem ($1.00)
for such renewal, and who on the 31st day of December last preceding
had a valid Driver's Permit.
(i) An endorsement of a change of'camrier by whom a permit
holder may be employed, shall be made on a permit by the Chief of
Police whenever the holder thereof makes application therefor and
pays a transfer fee of One Dollsm ($1.00).
(J) A fee of One Dollar ($1.00) shall be collected for the
issuance of each duplicate Driver's ~ermit.
....... .(.k}... Each sum of Two Dollars ($2lO0)....l~_.retofore or hereafter
collected as deposit on a Driver' s Badge shall be placed in a special
fund designated the "Taxi Drivers, Badge FUnd" in the office of the
.City Treasurer. Any applicant for a D~iver's Permit whose application
5
has been denied shall be entitled to the retttrn of his deposit,
provided he applies for the return of the same within ni~ty (90)
days after receipt of notice that his application has been denied.
Any holder or former holder of a Driver' s Permit whose permit has been
revoked or suspended, or who shall have ceased to drive, operate or
be in cha~ge of any vehicle in the City of Bakersfield operated pur-
suant to the terms of this ordinance, shall be entitled to the return
of the deposit on his Driver's Badge, provided he surrenders his
Driver's Permit form, if any, and returns said Driver's Badge in
as good condition as when the same was delivered to said holder or
former holder, ordinary wea~ and tea~ excepted, to the Chief of Police,
within not more than ninety (90) days after he shall have received
notice of the 2evocation or suspension of his Driver's Permit, or
before the expiration of any continuous period of ninety (90) days
during which he shall have ceased or failed to operate, drive or be
in charge of any vehicle in the City of Bakersfield operated pursuant
to the terms of this ordinance. Any holder or former holder of a
Driver.s Permit whose per, mit was revoked or suspended or who ceased
to operate, drive or be in charge of any such vehicle, prior to the
effective date of this ordinance, shall be entitled to the return
of the deposit on his Driver's Badge, provided he surrenders his
Driver's Permit form, if any, and returns said Driver.s Badge in as
good condition as when the same was delivered to such holder or
former holder, ordinary wear and tear excepted, to the Chief of Police
within not more than ninety (90) days after the effective date of
this amendment. Any applicant for, holder of, or former holder of
......... _a_D~_.i_v._e..~,.S Permit who has ceased to oPe. rate, drive 'or be in char. ge
of any vehicle in the City of Bakersfield operated pursuant to the
terms of this ordinance and ~ho fails to surrender his Driver's
Permit form, if any, and to return his Driver's Badge to the Chief
of Police within the time hereinabove' p.~ovided, shall forfeit his
deposit, and the same shall be transferred from the Taxi Drivers'
Badge Fund into .the general fund of the city.
(1) A deposit of Two. Dollars ($2.00) shall be collected by
the Chief of Police on every Driver's Badge 'issued by him to replace
a badge which has been lost, misplaced or otherwise gone out of
possession of the holder of the same (which deposit 'is subject to
refund as hereinabove provided).
SECTION 2.
Subsection (a) of Section 28 of Ordinance No, 703 New Series
is hereby amended to ~ead as follows:
(a) Revocation .and Suspension of Drivers' Permits. The
Chief of Police may Summarily revoke or suspend m~y Driver' s Permit
issued uuder the provisions of this ordinance, provided that he shall
have knowledge that the holder thereof, eithsr before or after issuance
of his Driver's Permit, shall have been convicted of violating
of the provisions of this ordinauce, or shall have been convic%ed of
a felony or .the violation of any of the provisions of the State
Alcoholic Beverage Control Act, the State Nar. cotic Law, or of assault~
battery, panderKng, d~iving a vehicle while under the influence of
intoxicants or narcotics, reckless dmiving, or a~y other chsmge or
act sufficiently irregulsm to Justify revocation or Suspension of
said permit.
It shall be unlawful for any person to drive, operate or be
in charge of any vehicle governed or affected by this ordinance
during the time that his Driver's Permit shall have been suspended
or after the same shall have been ~evoked.
SECTION 3.
Subsection (a) of Section 29 is' hereby amended to read as
follows:
(a) It shall be unlawful for any driver to operate or be in
charge of any taxicab or chauffeured limousine governed or affected
by this ordinance without wea~ing a distinctive cap and cap insignia
and without displaying'in a conspicuous'place upon his person the
Driver's Badge provided to be issued hereunder; and it' shall be
unlawful for such driver to fail to at all times while operating or
in charge of such vehicle, to have in his immediate possession the
Driver's Permit required by this ordinance to be secured from the
Chief of Police. It shall also be unlawful for any driver operating
or in charge of, any vehicle governed or affected .by this ordinance
to display upon his person a Driver' s Badge issued to another person,
or to use for the purpose of operating such vehicle a Driver's Permit
issued to another person.
I HEREBY CERTI'FY that the foregoing Ordinance was passed and
adopted by the Council of the City of Bakersfield at a regular meet-
ing thereof held on the 17th day of December, 1951, by the following
vote **
AYES: CAgNAY, IS,~ SAUN,DERS, SFIURLEY, SULLIVAN, VANDERLEI, VE'qT
NOES: ----o"t-,~-~ ............................................
ABSENT: ...... . .-~._ _~.,~.bA.,~---- ...................
................. City Clerk and Ex- fficio Clerk 'of the
Council of the City of. Bakersfield.
APPROVED this 17th.day of December, 1951.
o
A i av t of losting (Or na es I,.!
STATE OF CALIFORNIA
County of Kern t ss.
MARIAN S. IRVIN, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified Ci+y Clerk of the Cih/ of Bakersfield; and that
on ........ I)~D.~m~e~'..._l.8 ...................................................... 19...~:]. she posted on the Bulletin Board at the
Ci+y Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting
thereof duly held on ..... ]:).e...c..e.T~.~....:]..7. .......................................................... 19..~...1.., which ordinance was
numbered ....... .9..~.~. ............ New Series, and entitled: -'
AN ORDINANCE AMENDING SECTIONS 25, 27,
SUBSECTION (a) OF SECTION 28 AND SUBSECTION
(a) OF SECTION 29 OF'ORDINANCE NO. 703 NEW
SERIES OF THE CITY OF BAKERSFIELD, CALIFORNIA
~ ..... :,- . > --~.Subscr,bed and sworn to before me fh,s
~'.-"- [ "....~.~..$.~....day of....:D.e.~..~.~.b..O.l~'. ................ , 19..~.
~...~ ~ ..:. ..... ~. ...............................................................................
~ ~ ~, / ~'~,~.:' Notary Publ|c in and for the County of Kern,
~/.~.~ i' ./".....: State of California.
... ~. . ... -...,- ~,:~ Commission Ex,ires May 9, :1953