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HomeMy WebLinkAbout934ORDINANCE NO. 934 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING DIVISION 2, CHAPTER 5 OF THE UKIAH CITY CODE, ENTITLED: FOR HIRE MOTOR VEHICLES. The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. 1. Article I of Chapter 5, Division 2 of the Ukiah City Code is hereby amended by amending section 2510 and 2512 and adding a new section 2514.5 to read as follows: 2510: TAXICAB DEFINED: "Taxicab" shall mean and include every automobile or motor-propelled vehicle designed for carrying eight or fewer passengers by means of which passengers are transported for compensation upon public streets of the City, and not over a regular or defined route, where the charge for such transportation is based on time, mileage, zones or some combination thereof, and such vehicle is routed under the direction of such passenger or passengers or of a person or persons hiring the vehicle for these purposes. Taxicab does not include limousines licensed or permitted by the Public Utilities Commission. 2512: PERSONS DEFINED: "Persons," unless otherwise specifically provided in this Chapter, shall include and shall be held and construed to mean any person, firm, partnership, association, corporation, company, syndicate, estate, trust, business trust or organization of any kind, whether acting by themselves, or by servant, agent or employee; the singular number shall include the plural and plural the singular; the masculine shall include the feminine and neuter. The term "person" shall not include the federal or state governments or any of their agencies, departments or political subdivisions. 2514.5: OWNERSHIP OR FINANCIAL INTEREST DEFINED: "Ownership or financial interest" means ownership of an equity interest in the business applying for a permit under this Chapter, with or without a right of control over the day-to-day business operations, including, but not limited to, sole proprietors, general and limited partners', stockholders, beneficiaries or trustees, but excluding equity interests owned by one person of less than ten per cent (10%) when there are more than ten (10) persons who own interests in the business; or a right to regular or irregular payments from the business arising from contract or by operation of 1 law which payments exceed ten per cent (10%) of the annual gross receipts of the business. 2. Article 2 of Chapter 5, Division 2 of the Ukiah City Code is hereby amended by amending seCtions 2530, 2531, 2532, 2533, 2434 and 2535 to read as follows and by repealing in their entirety sections 2536, 2537, 2538, 2539, 2540, 2541, 2542, 2543, 2544, 2445 and 2546: ARTICLE 2. VEHICLE PERMITS AND LICENSES REQUIRED; APPLICATION AND INSURANCE 2530: PERMIT FOR VEHICLE REQUIRED It shall be. unlawful for any person, firm or corporation to operate or cause, to be operated any of the vehicles defined in Article 1 of this Chapter within the City without first having obtained a permit in accordance with the provisions of this Chapter, and without complying with the provisions in this Chapter. It shall not constitute a violation of this Chapter for any person to operate without a permit issued pursuant to this Chapter a passenger transportation service (other than a taxicab service) that is not conducted exclusively within the City's corporate limits, if that vehicle is licensed or permitted by the Public Utilities Commission or is exempt from licensure under the provisions of Public Utilities Code section 5353 (b)-(f) and (h)- (m). 2 2531: APPLICATION AND FEE-REQUIRED Any person, firm or corporation desiring to obtain the permit required by §2530 of this Chapter shall make a written application therefor to the Director of Public Safety accompanied by a fee established from time to time by resolution of the City Council. 2532: CONTENTS OF APPLICATION The application referred to in §2531 hereof shall be in the form and contain the information required by resolution adopted from time to time by the City Council. 2533: ISSUANCE OF PERMIT. 1. Within thirty (30) days of receiving a completed application and all of the information required to be submitted along with the application, the Director of Public Safety or his or her designee shall issue a permit as required by this Chapter. The Director shall have no obligation to act on the application until the applicant has submitted all required information. The Director of Public Safety shall deny the application, if he or she finds any of the following: a. Within five (5) years of the date of application, the applicant, any person with an ownership or financial interest in the applicant, or any listed driver 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; b. Any vehicle listed in the application has not been inspected and currently approved by the Ukiah Police Department or its designee as complying with all requirements of the California Vehicle Code and any additional standards adopted by resolution of the City Council; c. The application does not include satisfactory proof of insurance complying with insurance requirements adopted from time to time by resolution of the City Council of the City of Ukiah; d. Within five (5) years of the date of application, the City or another jurisdiction has revoked a permit required by this Chapter or a similar permit issued to the applicant or any person with an ownership or financial interest in the applicant; e. Within five (5) years of the date of application, a state or federal court judgment has been rendered against the applicant, any person with an ownership or financial interest in the applicant or any driver included on the application rendering that person liable in money damages for personal injury or property damage (other than a solely vicarious or strict liability) or restraining any of them from acts of personal harassment, assault or battery; or f. The Director of Public Safety has received information that the applicant or any person with an ownership or financial interest in the applicant has engaged in business practices which would pose a substantial risk of harm to the public, if repeated in the operation of for hire vehicles, taxicabs or sightseeing automobiles. 2. Procedure, if permit denied. If the Director. of Public Safety denies the application, he or she shall state the grounds for denial and the evidence supporting the denial in a written decision. The decision shall describe the applicant's right to appeal under section 2534. The Director of Public Safety shall personally deliver or mail by first class mail to the address shown on the application the decision denying the application. The decision shall be deemed delivered when personally delivered or deposited in the United States mail. 3. Procedure if permit granted. If a permit is issued, the following shall apply: a. City business license required. The permit shall not issue and the applicant shall not engage in the business described in the application, until he or she obtains a Ukiah business license pursuant to Division 2, Chapter 1 of this Code and pays the license tax imposed by said Chapter; b. Form of permit; expiration. The permit shall be in a form prescribed by resolution adopted from time to time by the City Council and for a term expiring on the January 15th not sooner than six (6) months from the date of issuance at which time the permit shall expire. The expiration date shall appear on the permit. The permittee can renew the permit by filing an application in accordance with this section; c. Procedure to transfer permit. The permit shall be issued exclusively to the applicant and those having an ownership or financial interest in the applicant at the-time that the permit is issued. The permit may not be transferred or the ownership or financial interests in the applicant change without the prior written approval of the Director of Public Safety. To obtain approval for a change of ownership or a transfer of the permit the new owner(s) or proposed transferee must file an application in accordance with this section. d. Vehicle license tags. At the same time that the Director of Public Safety issues the permit he or she shall issue vehicle tags for each vehicle approved under the permit. The tags shall be in a form and made of materials as the City Council may prescribe by resolution adopted from time to time. It is unlawful and constitutes a violation of this Chapter to operate a vehicle for hire, taxicab or sightseeing vehicle without a tag properly affixed thereto as required by this subdivision. .. e. Substitution or addition of vehicles. Any holder of a permit who wants to substitute vehicles for or add vehicles to those operated under the permit, may submit an application to substitute or add vehicles in accordance with the requirements of this section. No such vehicle shall be Operated under the permit, until a new revised permit has been issued covering such vehicle. 3 2534: APPEAL a. To the City Manager. Upon the payment of a fee established from time to time by resolution of the City Council, any interested party may appeal to the City Manager a decision by the .Director of Public Safety or his or her designee granting or denying an application for a permit under this Chapter. The appeal must be filed with the Director of Public Safety within ten (10) days of the date the permit or decision is delivered to the applicant. The City Manager shall hear the appeal not sooner than ten (10) days from the date the appeal is filed. Notice of the hearing date, time and location shall be mailed to the appellant and the applicant at least five (5) days prior to the hearing. The City Manager shall consider all evidence or argument presented at the hearing by any interested party and may grant or deny the application or impose such conditions on the issuance thereof as he or she deems appropriate and necessary to protect the public health, safety and welfare. The City Manager shall personally deliver to the appellant and applicant or mail by'first class mail to the address contained in the appeal a copy of his or her written decision. The decision shall be deemed delivered when personally served or when deposited in the United States mail with proper postage and address affixed thereto. b. To the city Council. If an appellant or applicant remains dissatisfied with the decision of the City Manager, upon the payment of a fee established from time to time by resolution of the City Council, he or she may appeal the decision to the City Council. The appeal must be filed with the City Manager within ten (10) days of the date his or her or decision is delivered to the appellant and applicant. The City Council shall hear the appeal at its next regularly scheduled meeting not sooner than ten (10) days from the date the appeal is filed. Notice of the hearing date, time and location shall be mailed to the appellant and the applicant at least five (5) days prior to the hearing. The City Council shall consider all evidence or argument presented at the hearing by any interested party and may grant or deny the application or impose such conditions on the issuance thereof as he or she deems appropriate and necessary to protect the public health, safety and welfare. 2535: SUSPENSION AND REVOCATION OF PERMIT 1. The Director of Public Safety may immediately suspend a permit issued under this Chapter, whenever he or she determines that the applicant .cannot furnish satisfactory evidence of insurance as required by section 2533.1.c, fails to provide an annual certificate that the vehicle included on the permit has been inspected and approved by the Ukiah Police Department or its designee, or has operated a permitted vehicle in a manner that does not comply with safety requirements imposed by this Chapter or the California Vehicle Code. Any suspension under this subdivision shall take effect immediately upon its issuance and shall remain in effect until the applicant provides such proof to the Director of Public Safety. a. Immediately upon its issuance, the Director of Public Safety shall personally serve or mail by first class mail to the applicant a copy of the suspension decision which shall be deemed served when personally delivered to the applicant or deposited in the United States mail addressed to the applicant at his or her official address on file with the Director of Public Safety. It shall be unlawful and constitute a violation of this Chapter for any permittee to operate a vehicle requiring a permit under this Chapter during any period of time when a permit suspension is in effect. b. A permittee may appeal a decision to suspend his or her permit in accordance with the procedure contained in section 2534. 2. The Director of Public Safety may suspend or revoke a permit for any of the following reasons: a. Any misrepresentation or nondisclosure of a material fact by the applicant when applying for a permit; b. Any of the reasons for denying a permit as set forth in section 2533; c. Any violation'of this Chapter or a condition imposed upon the issuance of a permit under this Chapter; or d. Any act in the operation of the business which poses a danger to the public health, safety or welfare. 3. The Director of Public Safety shall provide a permittee notice of his or her decision to suspend or revoke a permit under subsection 2, including the grounds therefor and the facts supporting the decision, by arranging for personal service of the notice or by mailing the notice to the permittee at the address on file with the Director of Public Safety. The decision shall be deemed served when personally served or deposited in the United States mail. The decision shall become effective ten (10) days after it is served, unless the permittee files an appeal. Within ten (10) days of the service of the decision suspending or revoking the permit, the permittee may appeal the decision in accordance with the procedure contained in section 2534. After hearing the appeal, the City Manager or City Council may revoke the permit, reinstate the permit, suspend the permit or impose conditions on the permit as it deems necessary and appropriate to protect the public health, safety and welfare. 3. Article 3 of Chapter 5, Division 2 of the Ukiah City Code is hereby amended by amending sections 2551, 2561, 2562, and 2563 to read'as follows: 2551: OPERATOR TO WEAR OPERATOR' S BADGE. 5 Any person operating any automobile for hire, taxicab, or sightseeing automobile as herein defined, shall wear a badge plainly visible to the general public that has been issued to that driver by the Director of Public Safety pursuant to section 2580. 2561. SCHEDULE OF FARES TO BE FILED. Each person holding a permit under this Chapter for the operation of an automobile for hire or a taxicab, or other vehicle for the use of which a charge or fee is made, shall at all times keep on file with the Director of Public Safety an up-to-date schedule of rates of fares charged for carrying such passengers therein prior to the date such charges become effective. It shall be unlawful for any person to deviate from the schedule of rates of fares filed with the Director of Public Safety. 2562: RATES TO BE DISPLAYED IN VEHICLE. Every vehicle herein referred to or defined shall have conspicuously displayed in full view of the passenger or passengers, a card not less than two by four inches (2"x 4") which shall have stated thereon the rates to be charged for such vehicle. 2563: CHARGES NOT TO BE IN EXCESS OF POSTED RATES. No charge shall be made by. any owner or operator of a vehicle regulated under this Chapter in excess of the rates filed with the Director of Public Safety and as posted in the passenger compartment of said vehicle. 4. Article 4 of Chapter 5, Division 2 of the Ukiah City Code is hereby amended by amending section 2574 to read as follows: 2574: STANDS PERMITTED FOR SPECIAL OCCASIONS. The City Council may allow persons having a permit under the provisions of this Chapter to stand upon the public streets, in sections set apart for that purpose by said City Council, at places other than regular street stands, when it is deemed necessary to provide the.use of taxicabs or other vehicles to meet the needs Df the traveling public, or other public or private gatherings. The owners or operators of such vehicles allowed to operate from said locations so designated by the Council shall conform to any special orders, rules or regulations issued and directed by said City Council and shall obey the police or traffic officers designated to control the operation of said vehicle at the time and place so designated by them. 5. 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 and repealing in their entirety sections 2582, 2583, 2584, 2585, and 2586: 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: 6 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; alien; Ce The applicant is an undocumented or illegal d. 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; e. 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; f. 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 g. 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 PERMIT 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. 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 permit; b. Any of the grounds for denying a permit 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 permit 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 permit 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 permit 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 permit 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 permit 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 permit and shall specify the effective dates of the suspension, revocation or conditions. 6. Chapter 5, Article 6 of Division 2 of the UCC is hereby amended by repealing sections 2591, 2592, 2593, 2595, renumbering and amending section 2594 as section 2592, renumbering section 2596 as section 2593, and renUmbering and amending section 2597 as section 2594 to read as follows: 2592: VEHICLES TO BE OPERATED BY OWNER, EMPLOYEE OR SUBCONTRACTOR: NO vehicle as described in this Chapter for which the City has issued a permit shall be operated by anyone but the owner thereof, any employee of the owner or a person who has contracted with the owner to operate the vehicle; provided that if the owner contracts or leases the vehicle for a use regulated by this Chapter (1) the contractor or lessee must have been issued a driver's badge as required by section 2588, (2) the contractor or lessee must be included as an insured under the owner's insurance policies required under this Chapter, (3) the contract or lease.. must obligate the contractor or lessor to comply with all applicable provisions of this ChaDter, and (4) the owner's permit can be revoked or suspended if the contractor or lessee violates any provision of this Chapter. 2594: PENALTY FOR VIOLATING CHAPTER Any person, firm or corporation or agent or employee thereof violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable-'by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment, and upon conviction, any permit granted under this Chapter to such person shall be automatically revoked. 7 SECTION TWO. Within 30 days after this Ordinance becomes effective all persons who have permits or licenses issued under Chapter 5 prior to the effective date of this Ordinance shall submit the applications and information required by this Ordinance. It shall be unlawful and constitute a violation of this Ordinance for any person so permitted or licensed to operate a vehicle requiring a permit under this Ordinance, if he or she has not submitted a completed application and all information required to accomDany the 8 application within said 30 days. It shall not violate this Ordinance for any such person to operate a vehicle regulated by this Ordinance, if he or she has complied with the requirements of this Section Two, unless or until the application has been denied and the right to all appeals exhausted. 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 January 20 following roll call vote: 199~, by the AYES: Councilmembers Malone, Wattenburger, Shoemaker, and Mayor Schneit NOES: None ABSENT: None Wording amended by Council Minute Order February 3, 1993 Adopted on February 17 , 199~, by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter NOES: None ABSENT: Counci lmember Wattenburger ~~j~ Fred Schneiter, Mayor ~(ay, ~ty Clerk