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HomeMy WebLinkAboutORD 603ORDINANCE NO. 603 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT CALIFORNIA, ADDING CHAPTER 5.98 TO TITLE 5 OF THE PALM DESERT MUNICIPAL CODE REGULATING TAXICABS, AS AN URGENCY ORDINANCE IN ACCORDANCE WITH SECTION 36937(b) OF THE GOVERNMENT CODE. WHEREAS, -. - - --i:...r--r.jt;on the citizens of Palm 0eSer� h'jve u 1 e d `,j cab3 as an e�,s?ntial mo(Ie -;` t,-a _ a;pe i swho are not otherwise ab 1 e to u,3e public transportation and/or their own transportation; and WHEREAS, the actual loss of taxicab service within the City would adversely impact public peace, health, and safety; and WHEREAS, the Public Utilities Commission has threatened to terminate taxicab service within the City immediately unless an ordinance regulating such service within the City is enacted immediately. NOW, THEREFORE, the City Council of the City of Palm Desert, California, in order to preserve the public peace, health, and safety and in accordance with Section 36937(b) of the Government Code DOES HEREBY ORDAIN as follows: SECTION 1: Addition to Municipal Code: Chapter 5.98 is hereby added to title 5 of the Palm Desert Municipal Code as follows: 5.98.010 Definition. For the purpose of this chapter, certain terms used herein are defined as follows: A. Taxicab shall mean a vehicle operated at rates per mile or for waiting time, or both, used for transportation of passengers for hire with trips originating from points within the city, or, if outside the city, regularly carries passengers within the city streets, and such vehicles are in route as to destination under the direction of a passenger or of a person hiring the same. B. Taxicab driver shall mean any person driving and in immediate possession of a taxicab for the purpose of providing a taxicab transportation service and may be an employee or an independent operator. C. Taxicab operator or business shall mean every person, company, corporation, association or any other organizational structure which purpose is to provide taxicab services in the city. CITY COUNCIL ORDINANCE NO. 603 D. Taximeter shall mean any mechanical instrument, device or machine by which the charge for hire of a passenger -carrying vehicle is mechanically calculated, either for distance travelled or time consumed, or both, and upon which instrument, devise or machine such charge is indicated by figures. E. Top Light shall mean a dome light installed on the roof of a taxicab vehicle to provide ready identification of their for hire status. 5.98.020 Issuance of Taxicab Permit. It shall be unlawful to operate any taxicab business in the City of Palm Desert unless the taxicab operator thereof has applied for and obtained a permit issued pursuant to the provisions of this chapter from the director of code compliance. The permit fee required herein, shall be in addition to any other license, permit or fee required under any of the provision of the municipal code. 5.98.030 Term and Fee for Permit. Taxicab permit shall be renewed annually and the permit fee shall be set forth by resolution of the city council and amended as deemed necessary by council. 5.98.040 Display of Business License Tax Vehicle Decal. Taxicab operator shall be required to affix a business license tax vehicle decal to the rear bumper of each taxicab vehicles per Section 5.04.200(D) of the municipal code. 5.98.050 Regulations. A. Each taxicab vehicle shall be equipped with a properly operating taxicab meter and top light. B. A rate card shall be posted in each vehicle, in full view, stating the current rates being charged by the taxicab operator. The city council shall regulate the rates anytime it is deemed necessary by resolution. C. No taxicab driver shall be employed by the taxicab operator who does not have i n h i s/her possess i on at a l l t i mes a valid and proper class of license issued by the State of California. D. The taxicab operator shall assure that all taxicab drivers employed or used in carrying out their duties shall be courteous, of good moral character, neatly dressed and groomed, and knowledgeable of the City of Palm Desert's streets, addresses and points of interest. 2 CITY COUNCIL ORDINANCE NO. 603 E. The taxicab operator shall assure the exterior and interior of each taxicab vehicle is maintained in an attractive appearance. c Taxicab operator 5ha11 assure that the taxicab vehicle at all times, meets the requirements of Title 13 of the California Administrative Code, as they now exist or as they may hereafter be lawfully amended. No vehicle shall be operated which reflect; any deficiency from Title 13 in the power train, suspension, brakes, lighting system, signaling devices, or fuel systems. In the event any such deficiency is detected, the taxicab operator shall immediately remove such vehicle from service until such clef i c i ency is corrected, and the permit suspended per Section 5.98.090 of this chapter. G. Taxicab operator shall operate all vehicles in accordance with the laws of the State of California, municipal codes of the City of Palm Desert, and/or any other applicable law. H. A taxicab operator shall not conduct his/her business out of any residential zone of the city. I. A taxicab operator upon request of the director of code compliance shall respond within ten ( 10 ) days to anv written compliant concerning transportation service. J. The taxicab operator shall have the vehicle available for inspection by the sheriff's department, and taximeter available for inspection by the division of weight and measure, when ordered to do so. 5. 98. 060 Insurance Requirements. B e f o r e a n y t a x i r_ a permit shall be issued, the taxicab- opera -or shall F �e _ )rr, ti11 7jn(-F-, and and keep i t f-;I I Force d^C.: a pot i cy of i nsurar!(--e -, n su _h Fprm `. y a}t;-)r r,ey may deem prop nr . S�jch policy sha 1 1 insure the taxicab operator and taxicab driver of each taxicab vehicle operated, or to be operated, under the taxicab permit against liability for damage to property, and for injury to or the death of, any person as a result the ownership, operation, or other use thereof. The minimum liability limits shall not be less than $750,000. All such policies shall contain a provision naming the City of Palm Desert as additionally insured. The taxicab operator shall hold the city harmless for all claims, demands and actions of any type whatsoever occasioned by the operation of the taxicab operator business. The insurance policy shall contain a provision or endorsement providing that such policy or bond will not be cancelled until notice in writing shall be given to the City of Palm Desert, addressed to the city attorney, at least thirty (30) days immediately prior to the time such cancellation becomes effective. .r7 CITY COUNCIL ORDINANCE NO. 603 5.98.070 Hold Harmless. Taxicab operator agrees to indemnify, defend, and save the city and its agents and employees harmless from any and all liability, claims, damages or injuries to any person including, without limitation, injury to taxicab operators drivers and other employees, and all claims which arise from or are connected with the negligent performance of, or failure to perform the work or other obligations upon vehicles as provided by law or are caused or claim to be caused by the negligent acts of the taxicab operator, drivers and other employees, all expenses of investigating and defending against same, provided, however, that this indemnification and hold harmless shall not include any claim arising from the sole negligence or willful misconduct of the city and its agents and employees. 5.98.080 Reports. The taxicab operator shall keep the following records which shall be made available, upon request, for inspection by the city manager or his designated representative or by the sheriff's department. A. Number of calls for service, by day, including the mime of call, time of deposit and time of pick-up; B. Daily log. by taxicab number, of those taxicabs in safe mechanical condition and available for service; C. Daily log, by taxicab number, of those taxicabs not available for service, and the reason thereof; D. Current rate schedule of fees; E. Employment record of taxicab drivers; and F. Copy of Federal Communication Commission license showing the assigned radio frequency. 5.98.090 Suspension of Permit. The city manager may suspend any taxicab permit to operate a business or any vehicle for a period of up to two ( 2 ) weeks, in the event he determine; that the public safety and welfare would be benefited thereby arid' where mechanical or operational deficiencies need be corrected 1f the taxicab operator fails to correct such deficiencies within-, said two (2) weeks period, the city manager may request the permit be revoked. 5.98.100 Appeal. The taxicab operator aggrieved by any decision of the city manager made pursuant to the provisions of this chapter may appeal therefrom to the city council within ten (10) days after notice of such decision by filing with the city c'erk's office a written notice of appeal. If such appeal is made within the prescribed t1me, the city clerk shall cause the matter to be set for hearing before the city council wittrin 4 CITY COUNCIL ORDINANCE NO. 603 thirty (30) days from date of receipt of such notice of appeal, giving the taxicab operator not less than ten ( 10 ) days notice In writing of the time and place of the hearing. The findings and determination of the council at such hearing shall be final and conclusive. In the event the taxicab operator fails to submit an appeal within the prescribed time, the decision of the city shall become final and conclusive on expiration of the time stated in this section for appeal. 5.98,110 Revocation of Permit. After notice and hearing pursuant to the provisions of this chapter, the permit may be revoked by city council if it finds and determines: A. Taxicab operator or taxicab drivers or other employees, fails to comply with all the provisions of this chapter; B. Upon request by the city requiring the sheriff's department to check into the moral character of the taxicab operators, the sheriff's department recommends revocation of the permit; and C. Upon request by the city requiring the sheriff's department to check into the moral character of taxicab drivers and other employees and the sheriff's department recommends the termination of said persons and the taxicab operator fails to do so, the permit may be revoked. D. Cancellation of policy of insurance. 5.98.120 Hearing. Prior to the city's taking action to revoke a taxicab permit, the taxicab operator shall be afforded a due process hearing before the city council, at which time the taxicab operator may introduce evidence and examine or cross examine witnesses as to why such action should not be taken. The taxicab operator may be represented by counsel or any other person of his/her choice upon the close of the hearing, the city council shall render a final and conclusive decision. 5. 98. 1 30 Assignment. T h e t a x i c a b p e r m i t i s n o t assignable, transferable, or other wise alienable by the taxicab operator. 5.98.140 Penalties. Any person violating the provision of this chapter shall be guilty of an infraction. 5.98.150 Severability. If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provision of this chapter shall not be invalidated. 5 CITY COUNCIL ORDINANCE NO. 603 SECTION 2: City Clerk's Certification. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effect immediately. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 12th day of April, 1990, by the following vote, to wit: AYES: BENSON, KELLY, WILSON & SNYDER NOES: NONE ABSENT: CRITES ABSTAIN: NONE WALTER H. SNYDER, MAYO PRO-TEMPORE ATTEST: SHEILA R. GILLIGAN, Ci y Clerk City of Palm Desert,'' alifornia /FR 0