HomeMy WebLinkAboutCC Ord 1447 1999-06-14
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ORDINANCE NUMBER /4tJ1
AN ORDINANCE OF THE CITY OF SEAL
BEACH REPEALING CHAPTER 23 OF THE
CODE OF THE CTTY OF SEAL BEACH,
ADDING A NEW CHAPTER 23 THERETO,
AND REVISING REGULA nONS
APPLICABLE TO THE OPERATION OF
TAXICABS.
TI-IB CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
HEREBY ORDAIN AS FOLLOWS:
Section I. Chapter 23 of the Code of the City of Seal Beach is hereby repealed
provided, however, that such repeal shall not excuse or affect any violation of said
Chapter occurring prior to the effective date hereof,
Section 2, A new Chapter 23 hereby is added to the Code of the City of Seal
Beach to read as follows:
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CHAPTER 23
TAXICABS
o 23-1 Definitions,
o 23-2 City authorizatio:l: _,required.
o 23-3 Drivers permit required,
023-4 Taxicab vehicle permit required,
023-5 ,Taxicab business permit required,
o 23-6 Application for permits,
023-7 Testing for controlled substances & alcohol.
o 23-8 Insurance required,
023-9 Nontransferability,
023-10 Equipment.
023-11 Mechanical condition.
023-12 Operational Requirements,
o 23 -13 Rates and charges
o 23-14 Separate from business licensing,
Section 23-1. Definitions
For the purpose of this Chapter. the words and terms set forth below shall be
construed in accordance with the following definitions:
I
A "City" means the City of Seal Beach,
B, "City authorization" means City authorization to operate a taxicab
business in the City.
C, "Driver" means a person who drives or controls the movements of a
taxicab.
D, "Driver's Permit" means a valid permit issued by the OCTAP authorizing
person to drive or control the movements of a taxicab
E, "OCT AP" means the Orange County Taxi Administration Program
administered by the Orange County Transportation Authority.
F "Operate a taxicab" means to drive a taxicab and either solicit or pickup
passengers for hire in the City.
G "Owner" means the registered owner or lessor of a taxicab,
H. "Person" includes natural person, firm, association, organization,
partnership. business, trust, corporation, or public entity.
1. "Taxicab" means a vehicle operated within the jurisdiction of the City.
capable of carrying not more than eight persons. excluding the driver, and
used to carry passengers for hire, The term shall exclude a vehicle
operating as a Charter Party' Carrier licensed as such by any state agency,
including the Public Utilities Commission, or any vehicle having a
Ordinance Number 1'~~i1
certificate of Public Convenience and Necessity issued by any state
agency, including the Public Utilities Commission.
1. "Taxicab Business Permit" means a valid permit issued by OCT AP
authorizing a person to operate a taxicab business,
K "Taxicab Vehicle Permit" means a valid permit issued by OCTAP
authorizing a particular vehicle to be operated as a taxicab,
Section 23-2, City Authorization Required,
A A person shall operate a taxicab only if the owner of that taxicab IS
authorized by the City to operate a taxicab business,
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B. An owner shall allow a taxicab owned by or under the control of the
owner to be operated only if the owner is authorized by OCT AP to operate
a taxicab business,
C. City's authorization to operate a taxicab and taxicab business in the City
shall be deemed granted provided each driver and taxicab business
possesses all required OCT AP permits and each business possesses a valid
City business license, as required by this Code,
Section 23-3. Driver's Permit Required,
A person shall operate a taxicab only if that person possesses a Driver's Permit
and City authorization has been granted An owner shall allow a driver to operate
a taxicab owned by or under the control of the owner only if that driver possesses
a Driver's Permit and City authorization has been granted
Section 23-4, Taxicab Vehicle Permit Required.
A person shall operate a taxicab only if that vehicle displays a Taxicab Vehicle
Permit and if City authorization has been granted, An owner shall allow a taxicab
owned by or under the control of the owner to be operated in the City only if that
vehicle displays a Taxicab Vehicle Permit and if City authorization has been
granted,
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Section 23-5. Taxicab Business Permit Required
A person shall operate a taxicab business in the city only if that person possesses
a Taxicab Business Permit and ifCity authorization has been granted,
Section 23-6 Application for Permits.
Application for a Driver's Permit, Taxicab Vehicle Permit or Taxicab Business
Permit shall be made to OCTAP, upon a form provided by OCTAP and shall be
accompanied by an application fee sufficient to cover the administrative costs of
processing said application as established by the Orange County Transportation
Authority,
.'
Section 23-7. Testing for Controlled Substances and Alcohol.
A driver shall test negative for controlled substances and alcohol as required by
any and all applicable and federal statutes.
Section 23-8 Insurance Required
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A driver operating a taxicab in the City shall at all times carry proof of insurance
covering that vehicle, with such policy limits and coverage as established by
OCT AP and adopted by resolution of the City Council. Said proof of insuranee
must clearly identify the vehicle covered,
Ordinance Number J~?,
Section 23-9, Nontransferability.
No permit issued under this Chapter shall be used by or assigned to any person or
vehicle other than the person or vehicle named in such permit.
Section 23-10. Equipment
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A taxicab operated under the authority of this Chapter shall be equipped
according to the standards established by OCT AP and adopted by resolution of
the City Council. ,
Section 23-1 ), Mechanical Condition.
A taxicab operated under the authority of this Chapter shall be maintained
according to the standards established by OCT AP and adopted by resolution of
the City Council.
Section 23-12, Operational Requirements,
A, Each driver shall carry each passenger to his/her destination by only the
most direct and accessible route,
B. Each taxicab shall have all permits issued by OCT AP conspicuously
displayed according to the standards established by OCTAP and adopted
by resolution of the City Council.
C. Each taxicab shall have the following information continuously posted in a
prominent location in the taxicab passenger's compartment according to
the standards established by OCTAP and adopted by resolution of the City
Council.
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1. A schedule of rates and charges for the hire of said taxicab,
2. The driver's name and address;
3 The owner's name, address and telephone number;
4. The taxicab identification number;
5. The Driver's Permit issued pursuant to this Chapter,
6 The Taxicab Vehicle Permit issued pursuant to this Chapter;
and -. _
7, Any other'information required by the City
. ' "\
....
')), A driver shall~gi"e a receipt for the amount charged upon the request of
the person paying fare.
. .;
,
,
... ..1
E,... A ta;c:icab shall'be operated only if the passenger compartment is kept In a
'cleanJuid>srn-itary condition.
F. A driver shall not leave his or her taxicab to solicit passengers.
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G The name or trade name of the owner and the number by which the
taxicab is designated shall be printed, stamped or stenciled conspicuously
on the outside of each taxicab according to the standards established by
OCT AP and adopted by resolution of the City Council.
Section 23-13, Rates and Charges,
No driver shall charge rates or charges other than those established by OCT AP
and adopted by resolution of the City Council.
Section 23-14, Separate from Business Licensing,
The requirements of this Chapter are separate from all other provisions of this
. Code, including, but not limited to, those provisions related to business licensing,
Ordinance Number / t/t/7
Section 3 Penalties for Violation of Ordinance,
It shall be unlawful for any person, firm, partnership or corporation to violate any
provision or to fail to comply with any of the requirements of the Ordinance
hereby adopted, Any person, firm, partnership or corporation violating any
provision of this Ordinance or failing to comply with any its requirements shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be punished
by a fine not exceeding One Thousand dollars ($1,000,00), or by imprisonment
not exceeding six (6) months, or by both such fine and imprisonment Each and
every day or any portion thereof during which violation of any of the provisions
of this Ordinance is committed, continued or permitted by such person, firm,
partnership or corporation, and shall be deemed punishable therefor as provided in
this Ordinance,
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Section 4. Civil Remedies Available
The violation of any provisions of the Ordinance hereby adopted shall constitute a
nuisance and may be abated by the City through civil process by means of
restraining order, preliminary or permanent injunction or in any other manner
provided by law for the abatement of such nuisances,
Section 5. Severability,
The City Council declares that, should ant provision, section, paragraph, sentence
or word of this Ordinance be rendered or declared invalid by any final court
action in a court of competent jurisdiction, or by reason of any preemptive
legislation, the remaining provisions, sections, paragraphs, sentences and words
of this Ordinance shall remain in full force and effect.
Section 6, The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same to be published or posted as required by law.
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
City Council of the City of Seal Beach at a
1999.
I
PASSED, APPROVED AND,AJ1DOPTE by
meeting thereof held on the .I!i!!.. day of
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California d hereby certify that the
for going ordinance is the original copy of Ordinance ~;. on file in the office
o t ity Clerk, introduced at a meeting held on the ...
1999 and passed, approved, a~dAllopted b the C ty Council of the
Beach at a meeting ther fheld on the .f!I-,::..day of
following vote:
AYES:
Councilmem
I
NOES:
ABSENT:
Councilmember
ABSTAlN:
Councilmembers
and do hereby certify that Ordinance Number / t/J/1 has been published pursuant to
the al each City harter and Resolution N~.
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Ordinance Number ~7
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
Oity of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
Proof of Publication of
...............................................
...............................................
~ '. '.
, ~,"';NanCE"OF
,,"' 'PUBUCH~NG
~NOllCE IS HEREBY GIVEN IhaI th.
: Qly CoLR:d of the CIlv of Seal Beach
Wllr conducI: a Pubic t-leamg ~ Man-
j;day. MaY 24th, 1999, IIthoQlyColll-
'.al Chanibets, 211 EIghth _, SooI
I Besch. to consrder r8VISIOn 01 D1aDIer
r 23,01 the Code of the CUy Of SeaJ
Beach, adOpting r8WI8d regulatJons
.~toth.=,of_
: ,In the CIty of Seal .Alinterest-
~ : eel persons may be heard aI BBld lime
. If so desired. Written COlIITIent& may
t. also be' submitted and should be
__ to tho CdyCouncll, C/O QIy
, Clorlc at Cdy Hall, 211 EIghth SIrool,
....Seal Beacll. Comments should be
: received prior to the hearing dale "
, tho pI1lpOSOd Cocn:iI..........dJal.
: ,lenged In court, you may be limited to
~ raISIng odV those ISIUBS you or same-
I 1 one else rBIlJ8d at the pUblIc heanng
CJescribed In thiS nobce,.or in wnltsn
~ 'i:otrospol)donco d_rod to Iho Cdy
I Clerk'at,. or prior to, the public hear-
.Ing. ~ '. '.; ',:. '..'. .
i 'DATED~7IhdoyofMay, 1999
, "Joonrio M ';'00, City Cod< ' :
1\ CIty"OtSeaf8each . -'. ~:
" .'
I Published In the Seal BeaCh Sun
~1399" ' ,
~~ t3
all in the year 1999,
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
th;'-.\~daY~ ,1999.
~~~
Signature
PUBLICATION PROCESSED I?Y:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
Ordinance Number II/t/?
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
'j am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circul,ation,
printed and published weekly in the
Oity of Seal Beach, County of
~Orange and which newspaper has
;>been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
I
Proof of Publication of
...............................................
...............................................
~~
all in the year 1999,
'" , ,: 't. !'" NOTICE'OF' -:.
," "-~I.IBUC HEARING: ':.' .
, NonCE IS HEREBY GIYEN'uial th~
"ClIy CounCIlor lha CIlv pf _Baach
!.wllf cond!:JCt a Public H'eanng on Mon~
I thdBycny' May 24th, 1999. AI 700 P m. In
e 'Caunal Chambers, 211 Eighth
I SUa.., SBBI B8Bch, to cansld", ravf:,
.Ido~ of Chapter 23-ot the Code of the:
, CIIy or SBBI _, alIopbng ravfBBd"
reguleons applicable to the ope,.
r lion of. taxlca~s In ,the City of Seal
Beach. All nteiested persons may be
heard at said time tf 80 dllll8d Wnt.
I.ten commantamay _ be lUbmltted
I and should be adCirassed to the Qty
ECouncI, C/o CIty Clark.. CIty Hal: 211
'llhth SIleBl. Sul8eBch, Comni_
"~ ba _ prior to tha hBIulng
date. If the Proposed CoUf1ClI actfons
~are chall8nil!td In court,"you'may be
f IrriIBd to raliing only.-....... you
I orh_~e else rarsed at the pubJlC...
..~..", deacrlbed Inlhls notice oi In
l wnllen correspondence'd.-llvered 10
"lI'"h CIIy Clerk BI"or,prIor to..1hB pub.
hC elll!.ng:..~)." " ,~
, ~TEO This 71h'ciay,o'i~~:l9s9. .
. "JaanneM. Yea, QllyOerk 1..' 1'; .
" CllyolSBBI_ ,J'"."':, . '
. Published In the Se.j Beach"Sun
.5120/99..~~ ",':/l ':"~"'P""l .,
". .... "~.'.11 . . .-
I
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Bead~
this 'Z-c day of I
Il,- ~
. Signature
PUBLICATION PROCESSED I?Y:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
,1999.
I
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
Oity of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates. to-wit:
1J0tJ~ 3
all in the year 1999,
, cerlify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA.
this"3 day of Dj ?J c
,1999.
1--- ~ -
Signature
PUBLICATION PROCESSED I?Y:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
r
Ordinance Number /~+I;?
This space is for the County
Clerk's Filing Stamp
Proof of Publication of
...............................................
...............................................
r',- -,-:-'SUMMARY ,-
I ORDINANCE NUMBER 1447
" -OPERATIONOfTAX~
'_- CABS - REGULATIONS
" RELATING THERETO
Ordinance Number ..1447 of the City
of Se81 Beach I'8VIH8 and estabhsti-
IS regulallons 8IlPIK:aIlle 10 Iala tran..
~rtallon &eMcee which are Operm.
ed Within the JUnsdlCtlon of the City.
Through the Orange C= TaxI
Admlnrstrahan Pfogram per-
mining IS proYldeit 8S a means of
lncreaS1ng public health, safely, and
welfare by reqUiring thai taxk:ab dn-
vers and vehicles meet C8fti1n cntena,
ensures that minimum Insurance
reqillrements ant mat, and venfJes the
accuracy of taximeter., and the
accompanYing Re80lutlon Number
471110 Ordinance Number 1447
-_ Orange County TI8l..pclI1aIIan
.~ rates offant and regulations
. relating to the Orange County Taxi
Administration Program. Orcllnance
Number 1447 was rntroduced at the
regular Cotv Councd MootIng of Moy
24th, 19911 and flr.t readIng WIil.
'approved by tho lallow1ng vote:
AYES: !!<>Yd, Corilpbol. Doono.
. " Snow,'YOIt. '.
NOES Nons Mabon earned
OIdlnance Number 1447 will receive
second reading and be CDnSIdered for
adoption at the regular City Council
Meeting of June 14th, 1999 Copies
of Ordinance Number 1447 are avail-
able from the office of the ClIY Clerk
~ Hal, 211 -8th SIIoot. SoofBooch:
Jolophono (562) 431-2527 '
PATED THIS 26Ih doyoi'",,"y, 1999
I Joanne M, Yea, City Clerk' .
:~ofS"'_ .. ,_
, 'Published In the .Selii B~BCh Sun
r~._.,...t.'
Ordinance Number It/tl1
PROOF OF PUBLICATION
(2015.5 C.C.P.)
This space is for the County
Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of Orange
I
-j am a citizen of the United States
and a r"esident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the al;love-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
Oity of Seal Beach, County of
ro,Orange and which newspaper has
;'been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
Proof of Publication of
...............................................
...............................................
JJrJ&- 2~
all in the year 1999.
. SUMMARV'
ORmNANCE NUMBER 1447
, ,'.....OPERATION OF, TAXI-
, CABS - REGULATIONS
RELATING THERETO
Ordinance Number 1447 of the CItV
of Seal Beach revises and establish-
es regUlations apphcabte 10 tala tr",s- .
pOttallon SBMC8S which are operal-
, ed Within the JUrisdiction of the Crty
Through the Orange County TaXI
. Administration Program taxicab per-
. mlttlng 19 prOVided as a means of
. Increasing public health. safety. and
. welfare"by requmng that taxK:ab dn-
V8r8 and vehICles meet C&ftaIn cnl8r1a,
ensureslhet minimum Insurance
r&qUlr8menls are met, and venfJes the
accuracy of taximeters, and the
accompanYing Resolution Number
4711 to Ordinance Number 1447
_ Orange County TronspoOOIlon
I' Aulhonly rates of fare and regulallons
, relating to the Orange County Taxi
Admlnrstratlon Program. Ordinance
, Number 1447 receMKI second read-
'Ing.and was adopted at the regular
City Council Meeting of June 14th,
. .1999 by the following vote. _
AYES" Boyd, CompboU, 0'1""",
Snow, Yost . ' . -
NOES: None ... MotlOl1 canted
copies" of Ordinance Number 1447
are 8Y8IlabIe from the offtce of the CIty
Clerk, City Hall, 211 . 8th Street, Seal
..Beach, telephone (562) 431-2527.
I DATED THIS 151h day 01 Jur1e; 1~
. Joanne M Vea,"CIty CIefk : .
~ qlty ~ Seal Beach - ..
I - Published In the Sesl Besch Sun
'01'.'24/99 " ,,'
I
I certify (or declare) under penally of
perjury that the foregoing is true and
correc\.
Dated at Seal Beach. CA.
this~day of if"JN6'
A--- f'\. ~
.
Signature
PUBLICATION PROCESSED I?Y:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
,1999.
I