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HomeMy WebLinkAboutCC Ord 298 1944-10-02 I I I --........ 1 2 3 4 5 6\ ORDINANCE NO~ f<l AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA, REGULATING TH~ OPERATION OF TAXICABS UPON THE PUBLIC STREETS OF THE CITY OF SEAL BEACH; REQUIRING PEffiiITS THEREFOR; FIXING PENALTIES FOR THE VIOLATION OF THE TER~IS OF THIS ORDINANCE; AND REPEALING ALL ORDINANCES IN CONFLICT THERErlITH; PROVIDING FOR PUBLICATION THEREOF. The City Council of the City of seal Beach, 7 8 California, does ordain as follows: 9 Section 1: DEFINITIONS 10 ,(a) Owner, every person, firm or corporation 11 having use or control of any passenger-carrying auto- 12 mobile or motor-propelled vehicle, as herein defined, 13 whether as owner, lessee or otherwise. 14 , , (b) Dri~er, every person in charge of or opera- 15 ting, any passenger-carrying or motor-propelled vehicl 16 as herein defi ned, ei the!' as agent, employee or other 17 ise, of ovmer, as owner, or under the direction of th 18 fwner, as herein defined. 19 I (c) Taxicab, every automobile or motor-propelle 20 vehicle and/or of public appearance such as is in 21 common usage in this country for taxicabs and/or opera 22 ted at rates i1 f "t t' f b th per m e, or or wal - Ime, or or 0 , 23 sed for the transportation of passengers for hire the public streets of the City of Seal Beach and 24 25 ot over a defined route, and irrespective of whether 26 the operations extend beyond the boundary limits of 27 said City, and such vehicle is routed under the 28 direction of such passenger or passengers, or of such 29 persons hiring the same. 30 31 32 section 2: X~~T~PURLTC CONV'fi:NT~Nr.E (a) No person shall ~ngage in the busihess of -1- DANA R. WILLIAMS ATTORNEY AT LAW 4:111 SECURITY IILDG PHONE 8S8al8a LONG BEACH 2. CALIF. I I I Ordinance Number' "" .. 1 operating any taxicab within the City of Seal Beach 2 without first having obtained a certificate of public 3 convenience and necessity from the Council of the 4 Ci ty of Seal Beach. 5 (b) All persons applying to the Council for 6 a certificate for the operation of one or more taxi- I 7 cabs shall file with the Council a sworn application 8 therefor stating as follows: 9 (1) The name and address of the owner or 10 persons applying. 11 (2) The number of vehicles actually owned 12 and the number of vehicles actually operated by such 13 owner on the date of application, if any. 14 15 ca te 16 (3) The number of vehicles for which a certifi- of pUblic (4) The convenience and necessity is desired. intended make, type, year of manufac- 17 ture and passenger seating capacity of each taxicab 18 for which application for a certificate of public 19 convenience and necessity is made. 20 21 be (5) The make and type of taximeter intended to installed on each taxicab for which application 22 for certificate is made. 23 (6) A description of the proposed color scheme, 24 insignia, trade style and/or any other distinguishing 25 characteristics of the proposed taxicab design. 26 (7) Such other information as the Council may 27 in its discretion require. 28 29 Section 3: SUSPENSION AND REVOCATION OF ummSE 30 Any license which may be issued by the Ci ty 31 Council under the terms and conditions of this 32 Ordinance may be suspended or revoked by the City -2- DANA R. WILLIAMS ATTORNEY AT LAW ..1 .ECURITY BLDG. PHONE .....,.. LoNG BEACH 2, CALIF. I I Ordinance Number ~.. .. 1 Council at any time in case: 2 (1) The Council finds the owner;s past record 3 to be unsatisfactory; 4 (2) The owner fails to operate the taxicab 5 or taxicabs in accordance with the provisions of this 6 I Ordinance; 7 (3) The owner shall cease to operate any taxi- 8 cab for ~eriod of thirty (30) consecutive days with- 9 out having obtained permission for cessation of such 10 operation from the Council; 11 (4) The taxicab or taxicabs are operated at a 12 rate of fare other than that approved by the Council 13 and stated on the certificate and the rate card issued 14 by the Council; and 15 (5) For any other reason which the Council may 16 deem warrants suspension or revocation. 17 18 Section 4: RATES~F FARE Every of Seal owner of any taxicab operated in the Beach shall file or cause to be filed 19 City 20 wi th the Clerk of said City a true and correct state- 21 ment of the rates to be charged for the transportation 22 of passengers in any and all taxicabs operated by 23 said owner and such owner shall not charge or modify 24 said rates in any manner without the written permissio 25 of said City Council and without f il i ng said modified 26 changed rates with said City Clerk. or 27 Section 5: I\:AI NTTI:NANCE I 28 The Chief of police of the City of Seal Beach 29 shall have the right at any time after displaying 30 proper identification, to enter into certified taxicab for the prupose of 32 or upon any ascertaining 31 -3- DANA R. WILLIAMS ATTORNEY AT LAW A.' ..CURITY BLDG. PHONE ....". LONG BEACH 2. CALIF. I I I 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Ordinance Number 1 2 3 i whether or not any of the provisions of this Ordinance are being violated. (b) Any taxicab which is found, after any such inspection, to be unsafe or in any way unsuit- able for taxicao service may be immediately ordered out of service, and before again being placed in service shall be placed in a safe condition. Section 6: TIle City Council of the City of Seal Beach may at its discretion issue an annual license to any such owner as provided in this Ordinance upon the payment of the sum of ~:'50. 00 for first taxicab and ~30.00 for each additional cab. Section 7: TAXICAB DRIVERS LICE~:S3S (a) It shall be unlawful for any person to drive or operate any of the vehicles mentioned in Section 1 of this ordinance ~ithout first obtaining a permit in writing so to do from the Chief of Police of the City of Seal Beach, upon payment of an annual fee of ~:~2 .00, subject to the following conditions: (b) Such applicant shall be finger printed by the Chief of Police of the City. (c) No permit shall be issued to any of the following persons: (1) Any person under the age of twenty-one ::l years. (2) No applicant may outain a permit to driv or operate any of the vehicles mentioned in this ordinance unless and until he shall have been a con- tinuous resident of the City of seal Beach for at least thirty days immediately preceding the date of said application; provided however that a temporary -4- I I I Ordinance Number ' 1 permit only shall be granted for a period not to 2 exceed sixty days after which time said license shall 3 be made permant, if, after investigation, said 4 applicant is found t~ be a fit and proper person. S (3) The Chief of police may revoke or refuse 6 to renew an operator's license if the driver or 7 applicant has since the granting of his permit been 8 convicted of a felony; shall have had his state 9 driver'S or chauffeur's license revoked or suspended; 10 been convicted of driving while under the influence 11 of intoxicating liquors. 12 Section 6: pU~~IC LIA3ILITY 13 (a) It shall be unlawful to operate any 14 vehicle, as cefined in Section 1 of this ordinance, 15 unless there shall be filed with the City Clerk of 16 the City of Seal Beach, a poliCY of insurance execute 17 and delivered by a company authorized to carryon an 18 insurance business in the State of California, the 19 financial responsibility of which company shall 20 theretofore have been approved by the City Clerk, by 21 the terms of which said insurance tompany assumes re- 22 sponsibility for injuries to persons or property caus 23 by the operation of said vehicle in the follo\ling 24 amounts, to-wit: G~,ooo property damage; $5,000 for death or injuries to anyone person in anyone accident; 010,000 for death or injuries to two or more persons in anyone accident. 29 (b) No policy of insurance issued by any 30 mutual assessment or reciprocal company as defined 31 by the Insurance Code of the State of California sha 1 32 be accepted by the City of Seal Beach. 25 26 27 28 -5- I I I 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Ordinance Number 1 2 3 4 Section 9: VICLATION3 AYD PillNALTIES -- - Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by forfeiture of his permit, and uy a fine not exceeding Three Hundred Dollars C300.0 ) or imprisonment in the County Jail for a period not exceeding thirty days or "oy such forfeiture and im- prisonment in the County Jailor by both such for- feiture, fine or imprisonment. Section 10: All Ordinances or parts of Ordin- ances in conn i ct \;i th thi s vrdinance are hereby repealed. Section 11: The city Clerk shall certify to the adoption of this Grdinance by the City Council of the City of Seal Beach, Californi&, and shall cause the same to be pUb 11 shed once III tile SillAL bJiAC f POST & ~IAVill a ne~spaper of General circulation print d and published in said City and said Ordinance shall take effect thrity days from and after its publicati n as provided Dy law. dTA.AJ~fSSED, ADOPTED AND APPROV:l:D this 'J/ ,day of ~~, 1\;J44. ;'1~ the 1 y 0 seaI--;;eacn, California 5 24 25 26 27 28 29 30 31 32 At . st..? .~ hb~AL , y G er c..LY~--..... I. John ~~lcahy, City Clerk of the City of Seal Beach, ~aliiornia, do hereb) certifY that the foregoing Orainance ~as duly adopted at a regular rr.eeting of tl1e Ci ty Council held on the ~_~ day f r:.Cc.to~~1?, 1044 t" f 11 ' f o ..., Eo' ",iI.__~(jj:', Of ,oy He 0 o\"Jlng vote 0 the -6_ ...- ~. I 6 7 8 9 10 11 12 13 14 15 I 16 17 18 19 20 21 22 23 1 Ordinance Number ~ 1 2 3 4 members, to wi t: A YES: Counc Hmen ~ I/T.t.~ /(. SHOVt.EJe) oJ"HECKE Lf GIlf/lVrll/i; . ~TOES: councilr.len__...Lf.E ED _ .iJ3S~i:'l': Councilr.len_ /'Ib/VE ~JI IDty G1 ::;rk 0 the .-C-i-: , r Seal Beach,~iforilia :> 24 25 26 27 28 29 30 31 32 -7-