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HomeMy WebLinkAbout970ORDINANCE NO. 970 ORDINANCE OF TW~ CITY COUNCIL OF Tw~ CITY OF UKIAH AMENDING ARTICLE 5, CHAPTER 5, DIVISION 2 OF T~ UKIAH CITY CODE TO REQUIRE DRUG AND ALCOHOL TESTING OF TAXI CAB DRIVERS In order to comply with the requirements of Government Code Section 53075.5, effective January 1, 1996, the City Council of the City of Ukiah hereby ordains as follows. SECTION ONE. Article 5 of Chapter 5, Division 2 of the Ukiah City Code is hereby amended by amending section 2580 and 2581 to read as follows: 2580: DRIVERS' BADGES REQUIRED It shall be unlawful for any person to drive any vehicle for hire, taxicab, or sightseeing automobile within the City of Ukiah, except as provided in section 2530, without first having obtained a driver's badge from the Director of Public Safety or his or her designee. 1. Application. Within fifteen (15) days of receiving a completed application on a form approved by resolution of the City Council and all information required to be submitted with the form, the Director of Public Safety shall include the driver on the For Hire Vehicle Permit issued pursuant to section 2533 and issue a drivers' badge as described by resolution of the City Council, unless he or she finds any of the following: a. The applicant is under the age of eighteen (18); b. The applicant does not possess a valid California driver's license of the class required for the vehicle he or she will operate; c. The applicant is an undocumented or illegal alien; d. The applicant tests positive for controlled substances or alcohol, where: (1) "Controlled substance" means marijuana, cocaine, opiates, amphetamines and phencyclidine. (2) "Tests positive" means: (a) with respect to alcohol, an alcohol screening test showing a breath alcohol concentration of 0.02 percent or more; and (b) with respect to a controlled substance means the cutoff levels for the initial and confirmatory tests as provided in 49 C.F.R. ~40.29 (e) and (f) . (3) Ail tests for alcohol and controlled substances shall be conducted by the applicant's employer in conformity with Appendix B to the City of Ukiah Drug and Alcohol Testing Policy for Employees with Commercial Driver's Licenses and 49 C.F.R. Parts 40 (commencing with Section 40.1) and 382. The employer must certify as part of the application that it has conducted the required tests and must report any positive test results to the Police Department as part of the application. Self- employed independent drivers shall provide a copy of the laboratory report of the test results directly to the Police Department. (4) Ail controlled substance and alcohol test results shall be treated as confidential information and shall not be disclosed without the driver's consent, except as authorized or required by law. No evidence derived from positive test results shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances. (5) If a driver received a license based on a negative test result from another city or county within the state within a period of one year prior to the date of applicaton, the applicant's employer or self-employed independent driver may submit the license or test result in lieu of a new test; provided, the test from the other jurisdiction was part of a controlled substance and alcohol testing certification program meeting the requirements of Government Code Section 53075.5. (6) If a license application is denied based on this section, requirements for rehabilitation, reapplication, follow-up testing and other requirements shall be as provided in 49 C.F.R. Part 382 (commencing with Section 382.101). In other words, an applicant may be eligible for a driver's badge after referral to a substance abuse professional, compliance with a recommended rehabilitation program, follow-up random drug and/or controlled substance testing, and negative test results. All such conditions shall be set forth in writing by the Police Department as preconditions to obtaining and keeping a driver's badge issued subsequent to a postive test result. (7) The driver and/or his or her employer shall pay all costs of testing and any referrals, rehabilitation counselling and follow-up testing that may be required. e. Within five (5) years of the date of application, the applicant has been convicted by any state or federal court of a crime (whether designated a felony, misdemeanor or infraction) involving serious or persistent and improper operation or maintenance of a motor vehicle, violence or the threatened use of violence or force, dishonesty, theft, destruction of property, pandering, sexual misconduct or the use, sale or possession of alcohol or controlled substances; f. Within five (5) years of the date of application, the City or another jurisdiction has revoked a drivers' permit required by this Chapter or a similar permit issued to the applicant; g. Within five (5) years of the date of application, a state or federal court judgment has been rendered against the applicant rendering him or her liable (other than vicariously or strictly liable) in money damages for personal injury or property damage or restraining him or her from acts of personal harassment, assault or battery; or h. Within five (5) years of the date of application, the applicant has violated any provision of this Chapter or committed any other act which the Director of Public Safety determines creates a serious risk of harm to the public health, safety or welfare, if the permit is granted. 2. Appeal of denial. Any person whose application is denied shall have the right to appeal that decision to the City Manager and City Council in accordance with the procedure provided in section 2534. 2581: SUSPENSION OR REVOCATION OF BADGE 1. Immediate Suspension or revocation. The Director of Public Safety may immediately suspend or revoke a driver's badge on any of the following grounds: a. A suspension or revocation of his or her driver's license; b. The driver caused a motor vehicle accident causing more than $500 in property damage or bodily injury or death; or c. The Director receives notice that the driver is no longer covered by liability insurance. d. The driver tests positive for alcohol or controlled substances during an annual recertification test. Annual recertification tests for controlled substances and alcohol shall be required on or after the anniversary date for each driver issued a driver's badge. The Police Department will issue a notice to the driver specifying the date, time and place of the annual recertification test. If the driver was subject to a test meeting the requirements of this section within a period of one year from the date of recertification as part of a driver recertification program in another California city or county, the test from that other jurisdiction will satisfy the requirements of this subsection, unless the earlier test yielded a positive test result. In the event of an immediate suspension or revocation under this subsection 1 the Director of Public Safety shall immediately provide the notice and opportunity for a hearing provided in subsection 3, except that the suspension or revocation shall remain in effect unless or until reversed by decision of the City Manager or City Council. It shall be unlawful and constitute a violation of this Chapter for any driver to operate a For Hire motor vehicle after notice of the suspension or revocation has been given. 2. Suspension or revocation with opportunity for prior notice and opportunity for a hearing. The Director of Public Safety may suspend or revoke a driver's badge with prior notice and opportunity for a hearing based on any of the following grounds: a. Any misrepresentation or omission of a material fact on the application for the badge; b. Any of the grounds for denying a badge as stated in section 2580; c. Any violation of any provision of this Chapter; or d. Any act which tends to endanger the public health or safety, if the driver is allowed to continue operating a vehicle for which a driver's badge is required. 3. Procedure. Five (5) working days prior to the effective date of the suspension or revocation under subsection 2, the Director of Public Safety shall serve a copy of a notice of suspension or revocation on the badge holder. The notice shall be personally served or sent by first class mail to the address on file with the Director of Public Safety. The notice shall be deemed served when personally delivered to the badge holder or when deposited in the United States mail. The notice shall state the grounds for the suspension or revocation, the facts supporting the decision and the dates when the suspension will begin and end or the effective date of revocation. The notice shall inform the badge holder that the decision will not become effective, if he or she files with the Director of Public Safety an appeal of the decision prior to the effective date. The badge holder has no right of appeal unless he or she files the request for an appeal prior to the effective date of the suspension or revocation. The City Manager or City Council shall hear the appeal in accordance with section 2534. After hearing the appeal the City Manager or City Council may suspend, revoke or impose conditions on the use of the badge and shall specify the effective dates of the suspension, revocation or conditions. SECTION TWO. The amendments herein requiring controlled substance and alcohol testing shall apply to all applications for a driver's badge received after the effective date of this Ordinance. Annual recertifications shall be required of all drivers, commencing one year after they were first issued a driver's badge. SECTION THREE. This Ordinance shall be published as required by law and shall become effective 30 days after its adoption. Introduced by title only on August 7, 1996, by the following roll call vote: AYES: Councilmembers Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSENT: Councilmembers Mastin and Wattenburger. Adopted on August 21, 1996, by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. ABSENT: Councilmember Wattenburger. ATTES~ Ma/e Gi~untoli,~City 'Clerk 4 :Res :Taxi.Ord