Ordinance No. 144ORDINANCE NC 144
3
AN ORDINANCE OF THE CITY OF CYPRESS REGULATING THE USE AND
OPERATION OF TAXICABS OR LIMOUSINES UPON THE PUBLIC STREETS
OF THE CITY OF CYPRESS; PROVIDING FOR DRIVER'S PERMITS AND
AUTHORIZING THE CITY COUNCIL TO HOLD PUBLIC HEARINGS AND TO
GRANT OR DENY APPLICATIONS FOR OWNER'S CERTIFICATES OF
PUBLIC CONVENIENCE AND NECESSITY, REGULATING THE RATES OF
FARES TO BE CHARGED FOR THE USE OF TAXICABS AND LIMOUSINES;
PROVIDING A PENALTY FOR VIOLATING ANY OF THE PROVISIONS OF
THIS ORDINANCE, REPEALING ALL ORDINANCES OR PARTS OF ORDI-
NANCES IN CONFLICT HEREWITH
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS*
Section 1 DEFINITIONS
The following words and phrases when used in this Ordinance
shall, for the purpose of this Ordinance, have the meanings respec-
tively ascribed to them in this section:
TAXICAB. Taxicab, as used herein, is defined to be a
motor propelled vehicle which is used for the transportation of pas-
sengers for hire over and along public streets, not over a defined
route, but as to route and destination in accordance with and under
the direction of the person hiring such vehicle
LIMOUSINE: Limousine as used herein is defined to be
a motor propelled vehicle used for the transportation of passengers
for hire along public streets, not over a defined route but as to
route and destination in accordance with and under the direction of
the person hiring such vehicle A limousine bears no distinguishing
color markings or lights operates from a fixed location and is hired
on an hourly contract basis only.
CITY. Term "City", as used herein, is defined to be
the City of Cypress
STAND Stand, as used herein, is defined to be a place
upon a public street in the City for the use, while awaiting employ-
ment, of the particular taxicabs authorized to utilize the same
DRIVi Driver, as used herein is defined to be every
person in charge of, or operating, any taxicab or limousine as herein
defined either as owner or employee or under the direction of the
owner or another employee, but does not include the hirer of a U -drive
type vehicle
and/or every
ownership or
and include
persons.
OWNER Owner, as used herein, is defined to be any
person who, in any manner, has the proprietary use,
control of any passenger -carrying motor -propelled vehicle
PERSON Person, as used herein, is defined to mean
any natural person, firm, corporation or association of
TAXIMETiR• Any mechanical instrument, appliance,
device, or machine, by which the charge for hire of a passenger -
carrying vehicle is mechanically calculated either for distance
traveled or time consumed, or both, and upon which instrument, appli-
ance, device or machine such charge is indicated by figures
Section 1 1
All words terms and phrases not defined in the foregoing
section shall, where used in this Ordinance have the meaning or
meanings commonly ascribed to them
Ordinance No 144
Section 2. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
It shall be unlawful for any person to engage in the business
of operating or causing to be operated any taxicab or limousine in
the City of Cypress without first having obtained from the City Council
a Certificate of Public Convenience and Necessity All persons applying
for such certificate shall file with the Council a certified application
which, insofar as applicable to the type certificate sought to be
obtained, shall contain.
(a) Names and residence address of person or persons making application
(b) The fictitious name, if any, under which such applicant
does business or proposes to do business.
(c) The business address of the applicant or business address
of proposed place of business.
(d) The names and residence addresses of all managers, directors,
officers, trustees and/or other individuals connected, or professed
to be connected, directly or indirectly, with the business
(e) A description of the vehicles which the applicant proposes
to use, giving the type, make, year of manufacture and rated seating
capacity of each such vehicle.
(f) The number of vehicles and the specific type of business in
which such vehicle or vehicles are proposed to be used
(g) The color scheme, insignia, name, monogram or other distin-
guishing characteristics proposed to be used on such vehicle or vehicles
(h) The street number and exact location of each taxicab stand
which applicant proposes to use
(i) A schedule of rates or fares to be charged
(j) A request and agreement on the part of the applicant that
the City mark and otherwise prepare and maintain each taxicab stand
at the applicant's expense, such cost to be paid by the applicant
immediately, upon being billed therefor by the City
(k) The written consent of the owner or lessee of any real
property fronting on any taxicab stand located in the street; or if
there be an occupied building on such real property, the written
consent of all the occupants thereof.
(1) The experience of the applicant in the transportation of
passengers.
(m) The financial status of the applicant, including the amounts
of unpaid judgments against the applicant and the nature of the trans-
action or acts giving rise to said judgments
(n) Any facts which the applicant believes tend to prove that
public convenience and necessity require the granting of a certificate
and such other information as the City Council may require.
Section 3 Cr TIFICATE OF CONVENIENCE AND NECESSITY (TAXICAB
AND LIMOUSINE)
Upon filing of a fully completed application for the Certificate
of Public Convenience and Necessity to engage in the business of
operating a taxicab or limousine, the City Clerk shall fix the time
for a public hearing thereon before the City Council, for the purpose
of determining whether the public convenience and necessity require
the proposed service No certificate shall be granted until the
Ordinance No 144
Council shall, after investigation and hearing, declare by resolution
that the public convenience and necessity require the proposed ser-
vice.
Before any application is acted upon by the City Council, the
City Manager shall make an investigation, and shall report his findings
in writing to the City Council, with respect to the matters set forth
in said application
Section 3 1
Notice of such hearing shall be given to all persons to whom
Certificates of Public Convenience and Necessity for operation of
taxicabs or limousines have been theretofore issued Due notice of
the time and place of the public hearing before the City Council
shall also be given to the general public by causing a notice of such
hearing to be published in a newspaper of general circulation in the
City at least ten (10) days before the hearing; and the cost of the
publication to be at the expense of the applicant who shall deposit
with the City Clerk an amount sufficient to cover the costs of publication
at the time of filing the application
Section 3.2
Upon completing its investigation and hearing, the City Council
shall grant the applicant a permit and Certificate of Public Con-
venience and Necessity if it finds:
(a) That the vehicles described in the application and proposed
to be used are adequate and safe for the purpose intended, and,
(b) That the color scheme insignia, name, monogram, or other
distinguishing characteristics proposed to be used on such vehicle
or vehicles is not in conflict with and does not imitate any color
scheme insignia, name, monogram or other distinguishing characteris-
tics used by any other person in such manner as to mislead or tend to
mislead, deceive or defraud the public, and that no other color scheme,
insignia, name, monogram or other distinguishing characteristics
has theretofore been designated for such applicant, and,
(c) That the location of the proposed taxicab stand or stands
are such that they will not congest or interfere with travel on any
street or use thereof by the public, and that the proposed stands are
not within three hundred (300) feet of any other stand on the same
street (except that at and across any intersection stands may be
permitted within two hundred (200) feet of one another), and,
(d) That further service in the City of the type applied for is
required by the public convenience and necessity In making such
finding, the City Council shall take into consideration the number of
vehicles already in operation under the type of application applied
for, whether existing transportation is adequate to meet the public
need, the probable effect of increased service on local traffic con-
ditions and the character, experience and responsibility of the
applicant
Section 3 3
If the City Council, by resolution, shall find that public
convenience and necessity require or will admit any additional taxi-
cab or limousine service, a certificate to that effect shall be
issued to the person or persons entitled thereto by having complied
with the requirements of this Ordinance, and all the reauirements of
this Ordinance having been met• and the City Council in its discre-
tion, shall determine the total number of taxicabs or limousines which
may be licensed and operated under such certificate The certificate
when issued shall state the name and address of the applicant, the
number of taxicabs or limousines that may be operated under said
certificate, and the date of issuance thereof No certificate
Ordinance No 144
authorized hereunder shall be issued to any person who shall not have
fully complied with all the requirements of this Ordinance
Section 3 4
Each taxicab operator to whom a Certificate of Public Con-
venience and Necessity is issued for the operation of a taxicab shall
cause a copy of the Certificate of Convenience and Necessity for the
operation of each taxicab duly authenticated by the City Clerk, to
be conspicuously displayed at all times in each cab for which the
certificate has been granted
Section 4 LICENSE ISSUANCE - FEE
If a Certificate of Convenience and Necessity is authorized by
the Council to be issued to an applicant as herein provided, the City
Clerk shall cause to be issued a license for each taxicab or limousine
authorized by such certificate upon payment of the license fee required
by this Ordinance, or any appropriate tax license ordinance supplementing
or superseding said Ordinance A minimum license fee of $20 00 per annum
for each vehicle authorized in such certificate is hereby levied as a
minimum license under this Ordinance. The said license fee shall be
payable on July 1 of each year for the fiscal year ending the succeeding
June 30, and shall not be subject to apportionment
Section 4 1
Within forty-five (45) days after the issuance of a certificate,
the owner must place in operation the full number of taxicabs or
limousines authorized by said certificate For failure to comply
with this provision the number of taxicabs or limousines authorized
in said certificate shal'_automatically be reduced by the number
thereof which the owner failed to place in operation during the said
forty-five (45) days period
Section 5. SALE OR TRANSFER OF BUSINESS.
If an owner to whom a Certificate of Convenience and Necessity
has been issued desires to sell or transfer his business, the
interested buyer or transferee shall make application for a Certifi-
cate of Convenience and Necessity as required by this Ordinance,
accompanied by affidavit of seller of intention to surrender and
cancellation of the certificate and licenses held by such seller
conditionally upon and concurrently with consummation of such sale
and issuance of a replacement certificate and licenses in the name of
the buyer If a buyer -applicant or transferee -applicant for a
Certificate of Convenience and Necessity meets all of the various
standards as set forth in this Ordinance for issuance of the type
Certificate of Convenience and Necessity sought, the City Council
shall issue a new certificate to the buyer -applicant and concurrently
therewith shall cancel the seller's certificate
Section 5 1 REPLACEMENT OF VEHICLES
If an owner sells or transfers title to a taxicab or limousine
for which a license has been issued or in the event a vehicle for
which a license has been issued has been destroyed, he is entitled,
as a matter of right, upon written application to the City Clerk made
within forty-five (45) days after such sale, transfer or destruction,
to have a new license issued for the taxicab or limousine and replac-
ing the one so sold, transferred or destroyed (Licenses and certi-
ficates issued hereunder are not transferable with the vehicles sold
or transferred.) If a taxicab is withdrawn from service for a period
of forty-five (45) days without written permission from the City
Manager first being secured, the license for such taxicab shall be
automatically cancelled and the number of taxicabs authorized by
said owner's certificate shall thereafter be reduced by one, or more,
as the case may be
Ordinance No 144
Section 6. REVOCATION, SUSPENSION, CHANGE AND EXTENSION OF
CERTIFICATES
The City Council may at any time revoke, suspend or change,
after proper notice to and an opportunity of hearing given to the
holder thereof (owner), the certificate granted, if the owner and/or
driver fails to operate a vehicle authorized hereunder in accordance
with the provisions of this Ordinance as now constituted or herein-
after amended, and such reasonable rules and regulations as may be
promulgated hereafter by the City Council
Section 6.1
All certificates which shall have been suspended or revoked by
the City Council shall be surrendered to the City Clerk, and the
operation of all taxicabs or limousines covered by such certificates
shall cease and the continued operation thereof shall thereafter
constitute a violation of this Ordinance
Section 6.2
Certificates issued hereunder may be extended or amended only
in the manner provided for herein for issuance of a certificate and
all of the conditions, terms and provisions of this Ordinance must
be complied with in accomplishing such extension or change
Section 7 COLOR SCHEME AND INSIGNIA (TAXICABS)
The City Council shall consider in approving color schemes and
insignia for taxicabs, those which will clearly delineate the taxi-
cabs to be operated by the applicant from those of all the other owners
in the City
Section 8 DISTINGUISHING MARKINGS (LIMOUSINES)
The City Council shall not permit a Certificate of Convenience
and Necessity to be issued for any limousine which is so colored as
to resemble the colors or markings commonly used by taxicabs No
limousine licensed hereunder shall carry any sign or printing on the
exterior of such limousine advertising the fact of limousine service,
except as follows: It shall be lawful to print the owner's name or
firm name, phone number and the words, "Limousine Service" on the
front doors of such limousine in letters not more than two (2) inches
high
Section 9. RATES
"No owner or driver of a taxicab shall charge a greater sum for
the use of a taxicab than established by the order of the City Council "
Section 9 1 TAXIMETER REQUIRED
It shall be unlawful for any owner or driver to operate any
taxicab in the City unless such vehicle is equipped with a taximeter
of such type, style and design as may be approved by the City Manager
and it shall be the duty of every owner operating a taxicab to keep
such taximeter in perfect condition so that said taximeter will, at
all times, correctly and accurately indicate the correct charge for
the distance traveled and waiting time, and such taximeter shall be
at all times subject to inspection by the City Manager, and said City
Manager is hereby 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 said meter to remove or
cause to be removed such vehicle equipped with such taximeter from
the streets of the City until such time as said taximeter shall have
been correctly adjusted
Ordinance No 144
Section 9.2. OPERATION OF TAXIMETER
Every such taximeter shall register the charge to nearest ten
cents (10¢) and be equipped with a flag or other mechanical device,
and said flag shall be so attached and connected to the mechanism of
said taximeter as to cause said mechanism to operate when said flag
is in a position other than upright, and which said flag shall when
moved forward or downward, start the operation of said taximeter so
that the same will operate in the manner defined in this article
Section 9 3 UNLAWFUL PRACTICES
It shall be unlawful for any driver of a taxicab while carrying
passengers to display the flag or device attached to such taximeter
in such a position as tc denote that such vehicle is for hire or is
not employed, or to have such flag or other attached device in such
position as to prevent said taximeter from operating, and it will be
unlawful for any driver to throw such flag or other device of a taxi-
meter into a position which causes said taximeter to record when such
vehicle is not actually employed or to fail to throw said flag or
other device on such taximeter into a non -recording position each
time a passenger is discharged or a fare collected
Section 9 4 BASIS OF CHARGES
All charges for transportation of passengers in taxicabs
operated in the City must be based on the charges indicated on said
taximeter, and it shall be unlawful for any owner, driver or operator
of any taxicab to charge any passenger any sum in excess of the sum
indicated on said taximeter
Section 9 5 LOCATION OF TAXIMETER
The taximeter shall be so placed in said taxicab that the
reading dial showing the amount to be charged shall be well lighted
and readily discernible by the passenger riding in such taxicab
Section 9 6 POSTING CF FARES
There shall be displayed in the passenger compartment of each
taxicab in full view of the passenger a card not less than two inches
by four inches (2" x 4") in size which shall have plainly printed
thereon the name of the owner or the fictitious name under which said
owner operates the business address and telephone number of said
owner, "the rated capacity of the taxicab", and a correct schedule
of the rates to be charged for conveyance in said vehicle
Section 9 % REFUSAL TO PAY FARE UNLAWFUL
It shall be unlawful for any person to refuse to pay the lawful
fare as fixed herein of any of the vehicles regulated by this chapter
after employing or hiring the same, and any person so doing shall be
guilty of a misdemeanor.
Section 9.8 MANIFESTS
Every driver shall maintain a daily manifest upon which are
recorded all trips made each day, showing time and place of origin
and destination of each trip and amount of fare and all such
completed manifest shall be returned to the owner by the driver at
the conclusion of his tour of duty The forms for each manifest
shall be furnished to the driver by the owner and shall be of a
character approved by the City Manager Every holder of a Certifi-
cate of Public Convenience and Necessity shall retain and preserve
all drivers' manifests in a safe place for at least the calendar year
next preceding the current calendar year, and said manifests shall
be available to the City Manager and to the Chief of Police
Ordinance No. 144
Section 10. SPECIAL REGULATIONS PERTAINING TO LIMOUSINES
It shall be unlawful for the owner or driver of a limousine
licensed by the City of Cypress to fix, charge or collect for service,
a rate more or less than the following for any trip entirely within
or commencing or terminating within the City of Cypress.
(a) Five ($5.00) Dollars per hour, or One Dollar ($1.00) for
each twelve (12) minutes thereof, or forty cents (40¢) per mile
(b) There shall be a minimum of One Dollar ($1 00) regardless
of the length of time the limousine is engaged.
Section 11 MAINTENANCE OF VEHICLES
All taxicabs and limousines shall be under the supervision and
control of the City Manager and no owner or driver shall operate or
permit to be operated any taxicab or limousine in the City while some
or any equipment used thereon shall be defective, unsafe, or in an
unsanitary condition, and every taxicab shall be, at all times, sub-
ject to the inspection of any officer of the City
Section 11 1
The City Manager is hereby authorized and directed to suspend,
without previous notice, any taxicab or limousine license granted
hereunder whenever an owner or driver violates any of the provisions
of Section 11 above. The owner of the taxicab or limousine the
license of which has thus been suspended, may, within thirty (30)
days thereafter, appeal from such order of suspension to the City
Council, who shall, after due notice to the owner, hear and determine
the matter and their decision therein shall thereupon become final
The City Council in such decision may order a continued suspension of
such license until such time as the taxicab or limousine shall be
restored to a safe or sanitary condition
Section 11.2
Owner or driver knowingly permitting any condition prohibited
by Section 11 or Section 11 1 above to continue shall be subject to
the penalty provided herein for violation of this Ordinance.
Section 12 OPERATING REGULATIONS
Any driver employed to transport passengers to a definite point
shall take the most direct route that will take the passengers to their
destination safely and expeditiously
Section 12 1
If requested, every driver shall give a receipt upon payment of
the correct fare
Section 12.2. TAXICAB TO BE ATTENDED
It shall be unlawful for any taxicab to remain standing in any
established taxicab stand, unless said cab is attended by a driver or
operator, except when assisting passengers to load or unload, or when
answering his telephone.
Section 12 3
It shall be unlawful for any driver to refuse when the vehicle
is in service and not otherwise engaged, to transport any person who
presents himself or is presented for carriage in a sober and orderly
manner and for a lawful purpose
Ordinance No 144
Section 12.4
It shall be a ground for the revocation of a driver's permit
issued pursuant to this Ordinance for any driver to charge a
passenger a greater fare than that to which he is entitled under the
foregoing rate schedule structure
Section 12 5
It shall be unlawful for the owner or driver of any limousine
to conduct his business from any place other than the established
place of business set out in the Certificate of Convenience and
Necessity for limousine service covering such limousine, or to
solicit or obtain fares while cruising about the City Contracts
for carriage by limousines may be entered into only at the establish-
ed place of business
Section 12.6.
Drivers of taxicabs shall not receive or discharge passengers
in the roadway, but shall pull up to the right hand sidewalk as
nearly as possible or in the absence of a sidewalk, to the extreme
right hand side of the road and there receive or discharge passengers
except upon one way streets, where passengers may be discharged at
either the right or left hand sidewalk, or side of the roadway in
the absence of a sidewalk
Section 12 7
It shall be unlawful for any driver to permit any other person
to occupy or ride in said taxicab, unless the person or persons first
employing the taxicab shall consent to the acceptance of additional
passenger or passengers
Section 12 8
No driver shall permit more persons to be carried in a taxicab
as passengers than the rated seating capacity of his taxicab as
stated in the license issued for such taxicab A child in arms shall
not be counted as a passenger
Section 13 DRIVERS -PERMITS, REGULATIONS AND QUALIFICATIONS
It shall be unlawful for any person to operate or drive a
taxicab or limousine in the City of Cypress without having first
obtained written permit or license so to do from the Chief of Police
To secure such permit, a written application setting forth complete
information on the applicant with respect to those matters dealt
with in Section 13 1 of this Ordinance and such other information as
the Chief of Police may desire must be filed with the Chief of Police
Application fee to obtain a driver's permit shall be $10 00
Section 13 1
The Chief of Police shall conduct an investigation of each
applicant for a driver's permit and may refuse to issue a driver's
permit and may suspend or revoke a permit theretofore granted for
any of the following reasons.
(a) If the applicant is under twenty-one (21) years of age; or
(b) If the applicant does not have a valid chauffeur's license
issued by the State Department of Motor Vehicles, or,
Ordinance No 144
(c) If the applicant has been convicted three or more times of
a violation of any law or ordinance regulating the operation of motor
vehicles, excepting violations pertaining to stopping, starting or
parking, within three (3) years of the date of application, or if the
applicant is convicted or has been convicted of driving while under
the influence of intoxicating liquors or narcotics or of reckless
driving within such three (3) year period, or,
(d) If the applicant is not of good moral character; or
(e) If the applicant violates any provisions of this Ordinance
Section 13 2
If a driver applicant meets all of the requirements expressed
or implied in the foregoing Section 13.1 of this Ordinance, such
applicant shall be photographed and fingerprinted, and the photograph
and record filed in the office of the Police Department, and thereupon
a permit shall be issued, which permit shall thereafter be at all
times fixed in a conspicuous place in the vehicle operated by such
driver so as to be seen from the passenger compartment Such
driver's permit shall set forth the name, address and telephone
number of the owner of the vehicle, and the name, address, age,
signature and photograph of the driver to whom issued.
Section 13 3
If a driver changes his employment to employment by a different
owner, he shall within twenty-four (24) hours thereafter, notify the
Chief of Police for the purpose of having his driver's permit
changed so as to properly designate the name of the new employer
A fee of One Dollar ($1 00) shall be paid for such change permit.
Section 13 4
Driver's permit issued hereunder shall continue to be valid
from the date of issuance, unless the same has been revoked for any
of the causes set forth
Section 13.5
It shall be the duty of the owner of each taxicab company to
notify the City Manager in writing within five (5) days whenever a
driver has either voluntarily or involuntarily terminated employ-
ment
Section 14 STANDS FOR TAXICABS
The City Manager may designate, in writing, subject to approval
by the City Council, private stands upon public streets to be occupied
by taxicabs. Before any designation of private stands is made, the
written consent thereto must be obtained of the tenant of the ground
floor fronting the space where such stand is to be located, or in the
event the ground floor is not occupied, the written consent thereto
of the owner of the building or land must be first obtained Each
private stand permit so issued shall specify the name and address of the
permitee and the number of vehicles authorized thereunder and it shall
be unlawful for the owner or operator of any taxicab for hire, other than
the permitee to use the stand designated under such permit or to stop,
stand or park his vehicle within 50 feet thereof, unless in a private
stand designated and permitted as herein provided for the use of such
vehicle, except when discharging or taking in passengers and when
such stand is occupied, no other vehicle shall loiter or wait nearby
Open stands may be authorized and designated by action of the
City Council to be open to any taxicab for which a certificate has
been duly issued, as herein provided, may be revoked without cause
and without notice and hearing thereon by the City Council, and it
shall be unlawful to occupy such stand after revocation
Ordinance No 144
Section 15 PUBLIC LIABILITY
It shall be unlawful for any owner or operator to drive or
operate a taxicab or limousine or cause the same to be driven or
operated in the City of Cypress, and no license for the operation
thereof shall be granted unless and until there is on file with the
City Clerk and in full force and effect at all times while such
taxicab is being operated, a policy of insurance approved by the
City Attorney, with a solvent and responsible company authorized to
do business in the State of California, insuring the owner and
operator of such vehicle (such vehicle being designated by number and
state license number), and the City of Cypress (as co-insured to the
extent of any insurable interest, obligations or risk of said City)
against loss by reason of injury or damage that may result to persons
or property from the faulty or negligent operation or defective
construction or condition of such vehicle or from any other cause or
causes whatsoever Said policy shall be limited to not less than
$100,000 for the injury or death of one person and $300,000 for the
injury or death of two or more persons in the same accident and
$10,000 for injury or destruction of property Said policy of
insurance shall guarantee the payment to any and all persons suffering
injury or damage to person or property of any final judgment rendered
against such owner or driver, with the limits above mentioned,
irrespective of the financial condition or any acts or omissions of
such owner or driver, and shall inure to the benefit of such person,
and to a widow, child or personal representative of a person killed
while a passenger Each policy shall contain a stipulation that any
cancellation or revocation of such policy shall be without effect
unless and until the City of Cypress is notified thereof in writing
thirty (30) days prior to the cancellation thereof. At any time, if
such policy of insurance is cancelled by the company issuing the
same, or the authority of the company to do business in the State of
California shall cease, the owner shall replace such policy with
another policy satisfactory to the City Attorney and in default
thereof the owner's certificate to operate shall be revoked The
failure of an owner to notify the City Clerk of any such cancella-
tion of cessation shall constitute a violation of this Ordinance
and subject such owner to the penalty herein provided for violation
Section 16 PURPOSE, INTENT AND LIMITATION OF EFFECT OF THIS
ORDINANCE
The full and sole purpose of this Ordinance is one of regulation
for the public good and under no circumstances whatsoever shall any
Certificate of Convenience and Necessity, license or permit provided
for herein and issued hereunder constitute or be deemed to be a
property right or right of livelihood vested in the holder of any
such certificate, permit or license
If the owner or person, firm corporation or association of
persons to whom a Certificate of Convenience and Necessity, license
or permit has been issued under this Ordinance sells, leases, rents
or transfers or attempts to sell, lease, rent or transfer any such
certificate or license issued under this Ordinance, except as pro-
vided in Section 6 hereof, such seller lessor, rentor or trans-
feror and any person knowingly attempting to receive such certificate,
license or permit or benefit in any such actual or attempted sale,
lease, renting or transfer shall be deemed guilty of a misdemeanor
and subject to all of the penalties provided for herein for violation
of this Ordinance, including revocation and cancellation of the
certificates, licenses or permits involved
All or any part of this Ordinance may be repealed or amended in
the manner provided for the adoption of ordinances of the City of
Cypress, and any such repeal or amendment action taken shall not be
subject to attack upon its validity or enjoinment in any court of
law by the holder of any Certificate of Convenience and Necessity,
license or permit issued hereunder on the grounds that any such
amendment or repeal constitutes infringement of any State or Federal
Constitution rights, powers, privileges or immunities whatsoever
which might otherwise be deemed inherent in or to result from the
issuance of possession of such a certificate, permit or license
Ordinance No 144
The reservations and limitations of this Section are hereby
determined and declared to be essential to the public peace, health
safety and general welfare, and any applicant for or holder of any
certificate, license or permit issued under this Ordinance consents
and agrees to such limitations upon the character and/or meaning of
Certificate of Convenience and Necessity, permit and license as in
this Section set out
Section 16 1 RIGHT OF ENTRY
The City Manager, the Chief of Police, or any member of the
Police Department, shall have the right, at any time after displaying
proper identification, to enter into or upon any certificated vehicle
for the purpose of ascertaining whether or not any of the provisions
of this Ordinance is being violated
Section 17 PENALTY PROVISIONS
In addition to the provisions of this Ordinance providing for
revocation, suspension or change of certificates, licenses or permits
as the case may be, any person violating any of the provisions of
this Ordinance shall be deemed guilty of a misdemeanor, and upon
conviction thereof shall be subject to a fine of not more than
$500 00 or imprisonment in the County Jail of the County of Orange
for not more than six (6) months or by both such fine and imprison-
ment
Section 18.
If any section, subsection, sentence, clause or phrase of this
Ordinance, except Section 17 or any portion thereof, is for any
reason held by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the remaining portions of
this Ordinance The City Council hereby declares that it would have
passed this Ordinance and each section, subsection, sentence, clause
and phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases, except Section
17 or any portion thereof, be declared invalid
Section 19.
All other ordinances or parts or portions of ordinances in
conflict herewith are hereby repealed
PASSED AND ADOPTED this 17th day of September, 1962, at a regular
meeting of the City Council of the City of Cypress by the following
called vote.
AYES* 5 COUNCILMEN: Gordon, Gorzeman, Noe, Wright and Van Dyke
NOES* 0 COUNCILMEN: None
ABSENT. 0 COUNCILMEN• None
ATTEST:
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CITY CLERK
MAYOR
Ordinance No 144
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