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HomeMy WebLinkAboutOrd 1000-1986ORDINANCE NO. 1000-86 AN ORDINANCE REPEALING CHAPTER 6.72 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND CERTAIN ORDINANCES LISTED HEREIN AND ADDING CHAPTER 6.72 ENTITLED "VEHICLES FOR HIRE REGULATED" THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION 1. CHAPTER 6.72 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND ORDINANCE NO'S. 251, 473, 562, 571, 609, 689, 702, AND 860 REPEALED. Chapter 6.72 of the South San Francisco Municipal Code and the following ordinances are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or omitted in violation of said chapter or ordinances prior to the effective date of this ordinance: ORDINANCE NO. 251 - An Ordinance to Regulate the Rates, Rules and Practices of Taxicabs, Buses and Rent Cars Operating in the City of South San Francisco, Prescibing Terms and Conditions under which such Operations may be Conducted, Providing Penalties for the Violation of this Ordinance and Repealing Conflict- ing Ordinances. ORDINANCE NO. 473 - An Ordinance Amending Ordinance No. 251 entitled "An Ordinance to Regulate the Rates, Rules and Practices of Taxicabs, Buses and Rent Cars Operating in the City of South San Francisco, Prescribing Terms and Conditions under which such Operations may be Conducted, Providing Penalties for the Violation of this Ordinance and Repealing Conflicting Ordinances. ORDINANCE NO. 562 - An Ordinance Amending Ordinance No. 251 of the City of South San Francisco, adopted on the 21st day of November 1946 and entitled: "An Ordinance to Regulate the Rates, Rules and Practices of Taxicabs, Buses and Rent Cars Operating in the City of South San Francisco, Prescribing Terms and Conditions under which such Operations may be Conducted, Providing Penal- ties for the Violation of this Ordinance and Repealing Conflicting Ordinances. ORDINANCE NO. 609 - An Ordinance Amending Ordinance No. 251, as Amended, Pro- viding for Increases in Taxicab Rates: ORDINANCE NO. 689 - An Ordinance Amending Ordinance No. 251, as Amended, Pro- viding for Increase in Taxicab Rates. ORDINANCE NO. 702 - An Ordinance Amending Ordinance No. 251, as Amended, Pro- viding for Increase in Taxicab Rates. GENTRAL REGORDI No., / -. [ lil~ ORDINANCE NO. 860 - An Ordinance Amending Ordinance No. 251, Entitled "An Ordinance to Regulate the Rates, Rules and Practices of Taxicabs, Buses and Rent Cars Operating in the City of South San Francisco, Prescribing Terms and Conditions under which such Operations may be Conducted, Providing Penal- ties for the Violation of this Ordinance and Repealing Conflicting Ordinances, as Amended, and Providing for an Increase in Taxicab Rates." SECTION 2. CHAPTER 6.72 ADDED TO THE SOUTH SAN FRANCISCO MUNICIPAL CODE Chapter 6.72 entitled "Vehicles for Hire Regulated" is hereby added to the South San Francisco Municipal Code, and shall read as follows: "Chapter 6J72 VEHICLES FOR HIRE REGULATED* Sections: 6.72.010 Definitions 6.72.020 Purpose and Scope 6.72.030 Certificate of Convenience and Necessity 6.72.040 Application for Certificate 6.72.050 6.72.060 6.72.070 6.72.080 6.72.090 6.72.100 6.72.110 6.72.120 6.72-130 6.72-140 6.72.150 6.72.160 6.72.170 6.72.180 6.72.190 6.72.200 6.72.210 6.72.220 6.72.230 6.72.240 6.72.250 Certi ficate-Appl i cati on-I nvesti gati on Certi fi cate-Appl i cati on deni al -Suspen si on, revocati on- Number reducti on Issuance of Certificate Additions and substitutions Ability to Respond in Damages Required Driver's Permit Required Driver' s permit-Appl ication Driver's Permit-Grounds for denial Driver's Permit-Contents, Posting Driver's Permit-Not transferrable Driver' s Permit-Term Suspension or Revocation Taximeter-Requi rements F1 ag Requirements Flag position restriction Basis of charges Taximeter-P1 acement Posting of fares Rate schedule Inspection of books and records Taxicab, bus, or rent car stands For the statutory provisions allowing local authorities to license and regulate the operation of any vehicle for hire and taxi drivers, see Veh. Code Sections 16501 and 21100. For the statutory provisions regarding financial responsibility requirements for vehicles for hire, see Veh. Code Section 16500. -2- C~.~,~TRAL RECORD~ 6.72 ~ 26O 6.72.270 6.72.280 6.72.290 6.72.300 6.72.310 6.72.320 6.72.330 6.72.340 Maintenance and operating regulations generally Police authority to inspect Vehicle in improper condition C1 eanl i ness requi red Direct route required Receipt for payment Rate determination Correct number of passengers Penalty for violation 6.72.010 Definitions. The following terms and phrases whenever used in this Chapter shall have the following meanings~ (al "Bus" means every privately owned vehicle having a seating capacity of more than eight (8) passengers, excluding the driver, and operating over the streets of South San Francisco on a regularly defined route, the service of which is rendered solely within the corporate limits of the city, and having a fixed fare. (b) "Chief of Police" means the chief of police of the city~ (c) "City Clerk" means the city clerk of the cityJ (d) "Council" means the city council of the city~ (el "Driver" means every person in charge of, or operating, any taxicab, bus or rent car, as herein defined, either as agent, employee or otherwise under the direction of the owner, or as owner, as herein defined~ (fl "Owner" means every person, firm or corporation having use or control of any taxicab, bus or rent car, as herein defined, whether as owner, lessee or otherwi se. (gl "Rent car" means every vehicle, excluding taxicabs, used for the transportation of passengers for hire over the public streets of the city and not over a defined route, for which a fee is charged and the service of which is rendered wholly within the corporate limits of the city, and such vehicle is routed as to destination under the direction of such passenger or passengers, or of such person hiring the same~ -3- CENTRAL RECORD~ lit (h) "Shuttle van" means the same as "bus." (i) "Stand location" means a portion of a street designated by either the City Council or the Chief of Police for the use, while awaiting employment, of any vehicle for hire as herein defined. (j) "Street" means any place commonly used for the purpose of vehicular public travel. (k) "Taxicab" means every vehicle with a seating capacity of eight or fewer persons, excluding the driver, operated at rates per mile, or for wait-time, or for both, used for the transportation of passengers for hire over the public streets of the city, and not over a defined route and irrespective of whether the operations extend beyond the boundary limits of the city, and such vehicle is routed as to destination under the direction of such passenger or passengers, or of such persons hiring ~he same. (1) "Taximeter" means any mechanical instrument, appliance, device or machine by which the charge for hire of a passenger-carrying vehicle is mechani- cally calculated, either for distance traveled or time consumed, or both, and upon the instrument, appliance, device or machine such charge is indicated by figures, (m) "Vehicle" means a vehicle as defined in Section 670 of the California Vehicle Code and includes the term "motor vehicle" as defined in Section 415 thereinL (n) "Vehicle for Hire" or "Vehicles for Hire" includes any and all busses, taxicabs and/or rent cars as defined herein, 6.72.020 Purpose and Scope. (a) The purpose of this Chapter is to protect the public health, safety and welfare by regulating the operation and licensing of vehicles for hire and the drivers of passenger vehicles for hire as authorized by Vehicle Code Section 21100. CCNTRAL REC~ORD~ 1 ifil (b) This Chapter is limited in scope to the Regulation of Vehicles for Hire as defined herein. It does not regulate vehicles or businesses required to obtain a Certificate of Convenience and Necessity issued by the California Public Utilities Commission, nor does it apply to passenger transportation service, the regulation of which is preempted by the Federal Bus Regulatory Reform Act of 1982 (P.L. 97-261), as amended. (c) This Chapter does not apply to any passenger transportation service owned and operated by a public agency. 6.72.030 Certificate of Convenience and Necessity. (a) It is unlawful to operate any taxicab, bus, or rent car in the city unless the owner thereof applies for and obtains a Certificate of Convenience and Necessity authorizing such activity (hereinafter "Certificate"), which certificate shall be applied for, granted, and in effect, all in compliance with the provisions of this chapter and Title 20. (b) No Certificate shall be issued until a standard, distinctive and uni- form color scheme, name, monogram and/or insignia has been adopted by the appli- cant and approved by the City Council. (c) After the service for which a certificate is granted hereunder is dis- continued, or if the owner sells or discontinues his or its business for a period of forty-five days or longer, the certificates granted hereunder shall be auto- matically cancelled and shall be reissued only in accordance with the provisions of this Chapter. 6.72~040 Application for Certificate. (a) The application for such Cerificate shall be in writing, duly certified under oath, and it, together with two copies thereof, shall be filed first with CENTRAL RECORDS the Police Department for its investigation and report. The Police Department shall forward an advance copy to the Planning Division, and shall transmit the original to the City Clerk, who shall file the same. (b) Each application shall include: (1) A full identification of the applicant and all persons to be directly or indirectly interested in the business, if authorized; (2) The residence and business address and the citizenship of the applicant, including all members of any firm or partnership, or all officers and directors of any corporation applying; (3) The exact nature of the proposed business for which the certificate is requested, and the name under which it is to be operated; (4) Whether or not any similar certificate held by the applicant(s) has been revoked, and if so, the-circumstances of such revocation; (5) The number of vehicles proposed to be operated; (6) The complete description of the vehicles proposed to be operated (including VIN) and the proposed operations; (7) Proof of ability to respond in damages as required by Section 6.72.090. (8) The color scheme and characteristic insignia to be used to designate the vehicles of the owner; (9) A receipt from the Finance Director which certifies that the appli- cant has paid the fees required by Title 20 of this Code, if any, and a non- refundable processing fee as set forth in the Master Fee Schedule of the City adopted by Resolution of the City Council. The latter processing fee shall be used solely to defray the costs of the Police Department investigation and report required herein. 6~72~050 Certi ficate-Appl icati on- I nvesti gati on. (a) Upon receipt of the application for a Certificate, the Planning Division shall conduct an investigation into the following: (1) Whether or not the business for which application is made conforms CENTRAL RECORDS in all respects to the requirements of the General Plan and any applicable Specific Plan and Title 20 of this Code. (2) The demand of the public for the services to be rendered by the applicant; (3) The adequacy of existing mass transportation and taxicab services in the City; (4) Whether existing agencies will furnish additional service if granted the right; (5) The effect such additional taxicab service may have upon traffic congestion and parking. A report of the results of the investigation shall be forwarded to the City Council within sixty (60) days from the date of receipt of a complete appli- cation for consideration in deciding whether or not to issue a certificate' (b) Upon receipt of a copy of the application for a Certificate, the Chief of Police shall investigate the following: (1) The financial responsibility of the applicant; (2) The experience of the applicant in operating businesses similar to the one for which application is made; (3) The character of the applicant and any person with a direct or indirect interest in the business, (c) If the Chief of Police ascertains that the applicant or any person with a direct or indirect interest in the business has a criminal record, or has falsified the application, it shall be the duty of the Chief of Police to report such matters at the earliest possible date to the City Council with his recommend- ation regarding issuance or denial of the certificate. (d) The Chief of Police shall report to the city council regarding the results of the investigation conducted pursuant to this section, within sixty (60) days from the date of receipt of a complete application, and shall include in his report -7- c~NTRA~ R~GORP$ ~,L~ NO.: .- y ~ -~' ~' a recommendation to deny or approve the said certificate and the specific reasons for that recommendation. Said report shall be considered by the City Council in reaching a decision to issue or not to issue a certificate. 6.72.060 Certificates-Application denial, Suspension, revocation, Number reducti on (a) The council shall approve, conditionally approve or deny owners' applica- tions by resolution and shall deny any such application, if in its sole discretion, it determines any of the following: (1) city's needs; (2) service; The proposed operation will be undesirable or inadequate to the The public convenience and necessity do not require the proposed (3) The vehicle(s) proposed to be operated is/are inadequate or unsafe; (4) The applicant has been convicted of a felony or the violation of a narcotic law or of any penal law involving moral turpitude, or has had a similar certificate revoked in any city, county or state for just cause; (5) The proposed color scheme or characteristic insignia will tend to confuse the identification of the vehicles proposed to be operated with those of another owner operating in the city. (6) The owner is not in compliance with the provisions of Section 6.72.090 herein. (b) The council may, by resolution, and after ten days' written notice to an owner, suspend or revoke a Certificate for any of the grounds for which it may deny an application and, in addition thereto, it may suspend or revoke any Certificate for a violation of any of the provisions of this Chapter, or for a failure to pay any fees or business license tax due or judgment for damages arising from the operation of the vehicles, or any of them, for which the certificate was issued. (c) The council may at any time, and after a public hearing, by resolution, -8- CEWi [iAL determine that the number of certificates for taxicabs, buses or rent cars, should be reduced or increased and provide for such reduction or increase. 6.72.070 Issuance of Certificate. (a) Upon the City Council's approval or conditional approval of an owner's application for a Certificate, the owner shall inform the Planning Director of the location at which the business is proposed to be operated. If the Planning Director determines that a use permit or other land use approval is required for the business to operate at said location, no Certificate shall be issued unless and until such land use approvals have been obtained by the owner~ (b) Prior to the issuance of a Certificate, business license fees shall be paid in accordance with the applicable provisions of Chapter 6J04 through 6~16~ 6.72,080 Additions and substitutions. (a) Any owner holding a certificate to operate one or more taxicabs, buses or rent cars as provided in this Chapter, who desires to add to the number of such vehicles shall do so only upon obtaining from the council permission therefor, which shall be granted only upon application made and processed in the same manner as required in this Chapter to obtain the original certificate. (b) Any owner holding a certificate to operate one or more taxicabs, buses or rent cars, as provided in this Chapter, who desires to substitute a different vehicle for a vehicle operated under such certificate, may do so upon obtaining permission from the Chief of Police, which permission shall not unreasonably be wi thhel d ~ 6~72~090 Ability to Respond in Damages Required. It is unlawful to drive or operate, or cause or permit to be driven or operated, any taxicab, bus or rent car in the city, unless the owner thereof has obtained and maintains, ability to respond in damages resulting from the ownership or operation of the vehicle as -9- c,~,-, ~ ~1.- RE. CORDS FlEE NO.z / ~ ~ required by Vehicle Code Sectlon 16500 end fo]lowing, es emended from time to time, or successor legislation and regulations lawfully adopted pursuant thereto 6.72.100 Driver's Permit-Required. (a) It is unlawful for any person to operate a vehicle for hire in the city unless he first possesses e valid driver's permit to do so es provided herein. 6.72.110 Driver's Permit-Application. (a) An application for a driver's permit shall be submitted in writing to the Chief of Police, shall be duly certified under oath, and shall be accompanied by a receipt from the Director of FinanCe stating that the applicant has paid a non-refundable processing fee in the amount set forth in the Master Fee Schedule of the City adopted by resolution of the City Council. (b) Each driver's permit application shall include: (1) The name, address, telephone number, date of birth, height, weight and identifying marks of the applicant. (2) The applicant's California Driver's License Number. (3) Two recent photographs of the applicant (one and one-half inch square). (4) A complete set of fingerprints (to be taken by the South San Francisco Police Department). (5) The name, address and telephone number of the applicant's current or prospective employer. (6) The signature of the applicant's current or prospective employer,. endorsing the application and certifying that: A. The signator is in fact, t,e applicant's current or prospective employer, and -10- CE~4-FR~L RECORD~ B. That the applicant has demonstrated to the signator that the applicant has a proficient knowledge of the traffic laws of the City and of the State and has demonstrated his ability to operate the type of vehicle for which application is made. (7) The name, address and telephone number of each of the applicant's employers during the preceding period of three years. {8) Whether or not the applicant has had a permit, similar to that for which application is made, revoked. 6.72.120 Driver's Permit-Grounds for denial. (a) No driver's permit shall be granted to any person under the age of 21 years. (b) A driver's permit may be denied upon substantial evidence of facts of either physical or mental deficiencies of the applicant or a criminal record which, in the sound discretion of the Chief of Police, would render such applicant not competent to operate a taxicab, bus or rent car. 6.72.130 Driver's Permit-Contents, Posting. {a) Every driver's permit issued hereunder shall set forth the name of the owner for whom the driver is authorized to operate a taxicab, bus or rent car. (b) Every driver's permit shall be posted in a place conspicuous from the passenger's compartment of the taxicab, bus or rent car while the driver is operating same. 6.72.140 Driver's Permits not transferable. (a) A driver's permit shall be valid only as long as the permittee continues in the employ of the employer who endorsed his application. Upon termination of such employment or upon suspension or revocation of the employer's Certificate -11- CENTRAL RECORDS ~)LE NO.:. / ~ ~ of Convenience and Necessity, the driver shall forthwith surrender his driver's permit to the Chief of Police. (b) Driver's permit(s) shall not be transferable in any event. (C) Upon the termination of the employment of any driver, the owner for whom such driver had been working shall immediately give the Chief of Police written notification of such termination. 6.72.150 Drivers' Permits-Term. Drivers' permits issued under this chapter shall be issued for a period not exceeding two years. Upon expiration of the driver's permit, the driver shall reapply with updated information, as required in section 6.72.110. 6.72.160 Suspension or Revocation. (a) The Chief of Police shall have the power to suspend or revoke any driver's permit issued hereunder for any of the reasons for which an application for such a permit may be denied or if the holder thereof is found guilty by any court of reckless driving, driving while intoxicated, or the violation of any other law while engaged in the scope of his/her employment that the Chief of Police believes necessitates suspension or revocation in order to protect the health and safety of the community. (b) The Chief of Police shall in writing forthwith report any such suspen- sion or revocation to the City Manager, stating the reasons for suc~ action. (c) The City Manager may affirm or reverse, in whole or in part, any such order on a written appeal filed with the City Manager by the driver within ten (10) days from the date of any such order. (d) In the event of such suspension or revocation of a driver's permit, such permit shall be, by the holder t~ereof, forthwith surrendered to the Chief of Police. -12- CF~l~RAL RECORD,~ FILE NO., ) 6.7Z.170 Taximeter-Requirements. (a) It is unlawful for any driver or owner to operate or permit the operation of any taxicab in t,e city unless suc, vehicle is equipped with a taximeter of such type, style and design as may be approved by the Chief of Police. (b) It is the duty of every owner to keep each taximeter in such a working condition that the taximeter will, at all times, correctly and accurately indicate the legal charge for the distance traveled and waiting time. (c) Each taximeter shall be at all times subject to inspection by the Chief of Police, and the Chief of Police is authorized at his instance or upon complaint of any person to investigate or cause to be investigated such taximeter, and upon the discovery of any inaccuracy in the meter, to remove or cause to be removed such vehicle equipped with such taximeter from the streets of the city until such time as the taximeter has been correctly adjusted. 6.72.180 Flag requirements. (a) Every taximeter shall register t~e c~arge to the nearest ten cents and be equipped with a flag or other mechanical device with the words "for ,ire" printed or stamped thereon. (b) The flag shall be so attached and connected to t,e mechanism of the taximeter as to cause the mechanism to operate when the flag is in a position other than upright and indicates that the taxicab is not for hire. (c) The flag shall, when moved forward or downward, start the operation of the taximeter so that the same will operate in the manner defined in this chapter. 6.72.190 Flag position restriction. (a) It is unlawful for any driver of a taxicab, while carrying passengers, to display t~e flag or device attached to such taximeter in such a position as -13- t,o denot,e t,hat, such vehicle ts for htre, or is not. employed, or t.o have such flag or pt.her at.t,ached device in such a posit,ion as t,o prevent, t,he t,axtmat,er from operat,i rig. (b) [t Js unlawful for any driver t,o t,hrow such flag or pt,her device of a t,axlmet,er tnt,o a posit,Ion which causes t,he t,aximet,er t,o record when such vehicle ~s not, act, ually employed or t,o fail t,o t,hrow t,he flag or pt,her device on such tax,met,er int,o a nonrecording posit,Ion at, t,he t,erminat,ion of each and every service. (c) The foregoJng rest,rict,~on shall not, apply t,o t,rips t,o or from point,s out, side t,he cit,y where t,he charge is fixed on a t,rip basJs. 6.72.200 Bas~s of charges. (a) All charges for t,,ransport, at,ion of passengers Jn t,axJcabs operat,ed in t,he cit,y must, be based on t,he charges Jndicat,ed on t, he t,aximet,ers and it, ~s un- lawful for any o~ner, driver or operat,or of any t,ax~cab t,o charge any passenger or passengers any sum in excess of t,he sum indicat,ed on t,he t,aximet,er. (b) The foregoing rest,r~ct,~ons shall not, apply t,o t,rips t,o or from polnt,s out, side t,he cit,y where t,he charge is fixed on a t,rip bas~s. 6.72.210 Taximet,er-Placement,. The t.aximet.er shall be so placed in t.he t,axicab t, hat, t,he reading dial showing t,he amount, t,o be charged shall be well- light.ed and readily discernible by t,he passenger(s) riding in such t,axicab. 6.72.220 Post, ing of fares. There shall be displayed in t, he passenger com- partJnent, of each t,axicab and rent, car, ~n full view of t,he passenger, a card not. less t,han t,wo inches by four ~nches Jn size which shall have plainly print,ed t,hereon t,he name of t,he o~ner, or t,he fict,it, ious name under which the owner oper- at, es, t.he bus~ness address and t,elephone number of t, he ov~ner, and a correct, schedule of t,he rat,es t,o be charged for conveyance ~n t,he vehtcle. 6.72.230 Rate Schedule. The rates fixed or charged or collected by the owner or driver of any taxicab as defined in Section 6.72.010, except for trips to or from points outside of the city where the charge is fixed on a trip basis, shall not exeed the following: (a) 1. For the first one-fourteenth mile or fraction thereof, one dollar forty cents ($1.40). 2. For each additional one-fourteenth mile or fraction thereof, ten cents ($.10). (b) The foregoing charges shall apply collectively to any number of pas- sengers up to, but not in excess of, five, where the point of destination for all of the passengers is the same; and for each such passenger in excess of five, the foregoing charges may be increased by not to exceed ten percent thereof; (c) When transporting passengers whose points of destination are different, the meter shall be turned back to the "for hire" position each time a passenger is discharged and a fare collected; (d) For waiting, forty cents ($.40) for each two (2) minutes or fraction thereof after the first five (5) minutes, except that the rate per hour shall not exceed Twelve ($12.00) dollars; (e) For each piece of luggage in excess of two (2) average size traveling bags, or their equivalent in size, twenty-five cents ($.25); for each trunk, fifty cents ($.50). (f) In case any taxicab or rent car becomes disabled or breaks down, while conveying passengers for hire, the time of stoppage shall be deducted from the time charged. -15- CErq'J'RAL RECORDS FILE NO..' //~K-~.-~/~ 6.72.240 Inspection of books and records. (a) The owner shall, upon written request to the Chief of Police or Director of Finance, deliver to the Director of Finance all of his books and records per- taining to the operation of taxicabs, buses or rent cars for a period of twenty- four calendar months, next preceding the date of such request, for inspection by the city auditor. (b) Unless such books and records are delivered to the Director of Finance within fifteen days from the date of such request, the Certificate of Convenience and Necessity and all other permits of the owner and drivers shall be suspended on the sixteenth day from the date of such request, until the books and records are delivered or such Certificates and/or permits are revoked, whichever is sooner. 6.72.250 Taxicab, bus or rent car stands. (a) The City Council may, by resolution, locate and designate taxicab, bus or rent car stands, which stands when so established shall be appropriately designated, "taxis only," "buses only" or "rent cars only," as the case may be. {b) Taxicab or rent car stands established hereunder shall be in operation twenty-four hours of every day. 6.72.260 Maintenance and operating regulations generally. (a) Before a Certificate of Convenience and Necessity is issued to any owner, the vehicle for which such certificate is requested, shall be delivered to a place designated by the Chief of Police for inspection, and the Chief of Police shall designate agents to inspect such vehicles, their equipment and taximeters (in the case of taxicabs) to ascertain whether such vehicles and equipment comply with the provisions of this chapter. (b) All vehicles for hire not being actually operated by a driver then on -16- duty shall be stored entirely within an enclosed building, or buildings, unless the premises on which said vehicles are stored is enclosed by a neat apDearing solid, firm and substantial nontransparent fence or wall, not less than six feet in height, and constructed of brick, concrete, wood, stone or metal, or a combination of such materials or of any similar, durable substance. 6.72.270 Police authority to inspect. The Chief of Police, or any member of the police department under his direction, shall have the right, at any time after displaying proper identification, to enter into or upon any vehicle for hire for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated. 6.72.280 Vehicle in improper condition. Any vehicle for hire which is found, after any such inspection, to be unsafe, or in any way unsuitable for taxicab, bus or rent car service shall be immediately ordered out of service, and before again being placed in service, shall be placed in a safe and proper working condition. 6.72.290 Cleanliness required. The interior of every vehicle for hire shall be thoroughly cleaned at least once in every twenty-four hours, and all property of value left in any such vehicle by a passenger shall immediately be reported by the owner thereof to the Chief of Police. 6.72.300--Direct route required. Any driver employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to his destination safely and expeditiously. 6.72.310 Receipt for payment. Every driver shall, if requested, give a correct receipt upon payment of fare. -17- CENTRAL RECORDS 6.72.320 Rate determination. The rates fixed or charged or collected by the owner or driver of any taxicab except for trips to or from points outside of the city, where the charge is fixed on a trip basis, shall be determined by the City Council and shall not exceed that rate without prior approval of the City Council. 6.72.330 Correct number of passengers. No driver of any vehicle for hire shall accept, take into his vehicle or transport any larger number of passengers than the rated seating capacity of his vehicle. 6.72.340 Penalty for violation. Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction such person shall be punished as provided in Chapter 1.24 of this code." SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 4. PUBLICATION. Pursuant to the provisions of Government Code Section 36933, a Summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after -18- adoption of this Ordinance, the City Clerk shall (1) publish the Su~nary, and (2) POst in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days from and Introduced this 12th day of March , 1986. Passed and adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council of the City of South San Francisco this 26th day of March , 1986 by the following vote: Councilmembers Mark N. Addiego, John "Jack" Drago, Richard A. Haffey Gus Nicolopulos and Roberta Cerri Teglia after its adoption. AYES: NOES: None ABSENT: None City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 27th day of March , 1986. -19- RECORDS I CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA ORDINANCE SUMMARY AN ORDINANCE REPEALING CHAPTER 6.72 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE AND CERTAIN ORDINANCES LISTED HEREIN AND ADDING CHAPTER 6.72 ENTITLED "VEHICLES FOR HIRE REGULATED" 1. SUMMARY. /~. General. The ordinance repeals Ordinance No. 251, as amended, and Municipal Code Chapter 6.72 which was adopted in 1946 to regulate taxicabs, buses and "rent cars" operatin§ in South San Francisco. The Ordinance then enacts a new Chapter 6.72 of the Municipal Code which is entitled "Vehicles for Hire Regulated." The Ordinance changes the definitions previously used to regulate vehicles for hire and brings them into conformity with the Vehicle Code and Public Utilities Code of the State of California. B. Certificate of Convenience and Necessity. The Ordinance changes the term "Owner's Permit" to be a "Certificate of Convenience and Necessity" paralleling the terms used in statute and in case law upholding this type of regulation by a City. The Ordinance requi,res that a written application for a Certificate of Convenience and Necessity be submitted to the Police Deparl~ent and sets forth the information required to be in said application. The application must be accompanied by a receipt indicating that the required processing fees have been paid. The Ordinance identifies the Police Deparrment as the lead agency in coordinating the processing of an application and an investigation of the background of the applicant and assigns the Planning Division the duty of invest- igating use issues related ~o ~he application. The investigations by bo~h the Police Depar~ent and Planning Division must be forwarded ~o %he City Council within sixty days fr~ ~he receipt of a c~ple~e application. The City Council %hen must consider %hose reports in ruling on whether or no~ to issue a Certifi- cate of Convenience and Necessity. The Ordinance s~a%es ~ha~ ~h~o~nci] shall ,ILE NO.~ ../~--~ approve, conditionally approve or deny the owner's applications by resolution and mandates such denial if in its sole discretion, the City Council determines any of the following: "(1) The proposed operation will be undesirable or inadequate to the city's needs; (2) The public convenience and necessity do not require the proposed service; (3) The vehicle(s) proposed to be operated is/are inadequate or unsafe; {4) The applicant has been convicted of a felony or the viola- tion of a narcotic law or of any penal law involving moral turpitude, or has had a similar certificate revoked in any city, county or state for just cause; (5) The proposed color scheme or characteristic insignia will tend to confuse the identification of the vehicles proposed to be operated with those of another owner operating in the city; (6) The owner is not in compliance with the provisions of Sec- tion 6.72.090 herein." (insurance) The council may upon ten days written notice to the owner by resolution suspend or revoke a certificate for any of the grounds for which it may deny an application and it may suspend or revoke a certificate for a violation of any of the provisions of Chapter 6.72 or for failure to pay any fees or business license tax due or judgement for damages arising from the operation of the vehicles or any of them for which a certificate was issued. The Ordinance also gives the Council power at any time after a public hearing by resolution to determine that the number of certificates for taxicabs, buses or rent cars should be reduced or increased and to provide for such reduction or increase. A certificate shall be issued upon the City Council's approval; but it will not be issued if the Planning Director determines that a Use Permit or other land use approval is required for the business to operate at the proposed location unless and until such land use approvals have been obtained by the owner. Also, business license fees must be paid prior to the issuance of the certificate. 2 Any owner holding a Certificate of Convenience and Necessity who desires to add to the number of vehicles operated shall do so only upon obtain- ing from the Council permission therefor, which shall be granted only upon application made and processed in the same manner as required in the Chapter to obtain the original certificate. Owners holding a certificate who desire to substitute a different vehicle for a vehicle operated under such certifi- cate may do so upon obtaining permission from the Chief of Police. C. Driver's Permits. The Ordinance makes it unlawful for any person to operate a vehicle for hire in the City unless he first possesses a valid driver's permit. Driver's permit applications must be submitted in writing to the Chief of Police, and the Ordinance sets forth the requirements for information to be contained therein. The applicant must pay a nonrefundable processing fee as set forth in the Master Fee Schedule and present a receipt to that effect to the Chief of Police when submitting the application. The owner of the business for which the applicant is proposed to work, must sign a statement on the application for a driver's per- mit that the applicant has demonstrated to the signator that the applicant has a proficient knowledge of the traffic laws of the City and of the State and has dem- onstrated his ability to operate the type of vehicle for which application is made. An individual must be 21 years of age to obtain a driver's permit and a driver's permit may be denied upon substantial evidence of facts of either physical or mental deficiencies of the applicant or a criminal record which, in the sound discretion of the Chief of Police, would render such applicant not competent to operate a taxicab, bus or rent car. Driver's permits must be dis- played in the vehicle for hire while the driver is operating same. Driver's permits are not transferable and are valid only as long as the permittee con- tinues in the employ of the employer who endorsed his application. Invalid The business owner driver's permits must be surrendered to the Chief of Police. 3 is required to notify the Chief of Police when the working relationship between the driver and the business is terminated. Driver's permits are issued for a period not exceeding two years, at which time the driver must reapply with up- dated information. The Chief of Police is given the power to suspend or revoke any driver's permit for any of the reasons for which an application for such a permit may be denied or if the holder thereof is found guilty by any court of reckless driving, driving while intoxicated, or the violation of any other law while engaged in the scope of his/her employment that the Chief of Police believes necessitates suspension or revocation in order to protect the health and safety of the community. The Chief of Police mus~ repor~ suspensions or revocations ~o %he City Manager, s~a~ing ~e reasons for such action. The driver has ~en (10) days wi%bin whic~ ~o file an appeal %o %he City Manager, and ~he manager may reaffirm or reverse, in whole or in par~, ~he action of ~he Chief of Police. D. Operating Regulations. The Ordinance requires owners and operators of ~axicabs ~o obtain and maintain an ability ~o respond in damages as a resul~ of the ownership or opera%ion of ~he vehicles in the manner required by Vehicle Code Sec%ion 16500 and following. Taxicabs must be e~uipped with a taximeter in working condition and ~he Ordinance regulates %he manner in which ~e taximeter mus~ be operated and maintained. T~e Ordinance authorizes %he Council, by resolution, %o locate and designate taxicab, bus or rent car s~ands in %he City. The Ordinance gives ~he Chief of Police or an~ member of %he Police Department under his direction %he right a~ any time after displaying proper identification, ~o enter in~o or upon any vehicle for hire for ~he purpose of ascertaining whether or no~ ~he provisions of ~he Chap%er are being violated. The Ordinance requires: (1) Vehicles for hire ~o be maintained in a clean condition, (2) Drivers ~o take %he 4 most direct route possible to a passenger's destination safely and expeditiously, and (3) The driver is to give a receipt if one is requested. E. Rates Regulated. The Ordinance regulates the rates that may be charged by taxicabs and requires that the fares be posted in the passenger compartment of each taxi- cab and rent car in full view of the passenger. Rates that may be charged by taxicabs are identical to those previously set forth in Chapter 6.72 and are as fol 1 ows: "(a) 1. For the first one-fourteenth mile or fraction thereof, one dollar forty cents ($1.40). 2. For each additional one-fourteenth mile or fraction thereof, ten cents ($.10). (b) The foregoing charges shall apply collectively to any number of passengers up to, but not in excess of, five, where the point of destination for all of the passengers is the same; and for each such passenger in excess of five, the foregoing charges may be increased by not to exceed ten percent thereof; (c) When transporting passengers whose points of destination are different, the meter shall be turned back to the "for hire" position each time a passenger is discharged and a fare collected; (d) For waiting, forty cents ($.40) for each two (2) minutes or fraction thereof after the first five (5) minutes, except that the rate per hour shall not exceed Twelve ($12.00) dollars; (e) For each piece of luggage in excess of two (2) average size traveling bags, or their equivalent in size, twenty-five cents ($.25); for each trunk, fifty cents ($.50). (f) In case any taxicab or rent car becomes disabled or breaks down, while conveying passengers for hire, the time of stop- page shall be deducted from the time charged." The Chief of Police and/or Director of Finance are given the authority to request an owner to deliver to the Director of Finance all books and records pertaining to the operation of taxicabs, buses or rent cars for inspection by the City Auditor. The Ordinance continues the requirement that the rates fixed, charged CENTRAL. RE, C_.~RD~ I or collected by the owner or driver of any taxicab shall be determined by the City Council and should not exceed the rate the Council sets without prior approval of the Council. Trips to and from points outside of the City where the charge is fixed on a trip basis are exempt from this requirement. F. Violation, Penalty. The Ordinance makes violations of its provisions a misdemeanor and states that upon conviction such persons shall be punished as provided in Chapter 1.24 of the Municipal Code. Chapter 1.24 is a general penalty chapter which provides that misdemeanor violations shall be punished by a fine of not more than $500.00, or by imprisonment not to exceed six months, or by both such fine and imprisonment. 2. CERTIFICATION AND POSTING PRIOR TO ADOPTION. A certified copy of the full text of this Ordinance is posted in the office of the City Clerk, City Hall, South San Francisco, California. Ordinance was read for the first time on the 12th day of and is scheduled for second reading and adoption on the 26th 198 6 DATED: e The March , 198 6 , day of March , March 20, 1986 CERTIFICATION AND POSTING AFTER ADOPTION. This Ordinance was adopted on the 26th day of March , 198 6 members voting for an against the Ordinance or otherwise voting, is posted in the office of the City Clerk. , and a certified copy of the full text, together with the names of the Council 6 36933. City Attorney. DATED: 3/27/86 The vote was recorded as follows: FOR: Councilmembers Mark N. Addiego, John "Jack" Drago, Richard A. Haffey, Gus Nicolopulos and Roberta Cerri Teglia AGAINST: None ABSTAINED: None ABSENT: None This Ordinance Summary was prepared pursuant to Government Code Section The City Council ordered preparation of this Ordinance Summary by the