Ordinance No. 986459
ORDINANCE NO. 986
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS REPEALING CHAPTER 26A OF THE CODE OF THE
CITY OF CYPRESS, ADDING A NEW CHAPTER 26A THERETO, AND
REVISING REGULATIONS APPLICABLE TO THE OPERATION OF TAXICABS
The City Council of the City of Cypress does hereby ordain as follows:
Section 1. Chapter 26A of the Code of the City of Cypress hereby is
repealed, provided, however, that such repeal shall not excuse or affect any violation of
said Chapter occurring prior to the effective date hereof.
Section 2. A new Chapter 26A hereby is added to the Code of the City of
Cypress to read, in words and figures, as follows:
Article I
Article II
Article III
CHAPTER 26A TAXICAB SERVICE
Definitions - §§ 26A -1
City Authorization - §§ 26A -2 - 26A -15
General - §§ 26A -16 - 26A -19
Article I Definitions
Section 26A -1 - Definitions.
For the purpose of this Chapter, the words and terms set forth below shall be
construed in accordance with the following definitions:
A. "Chief of Police" means the Chief of Police of the Cypress Police
Department, or his or her designee.
B. "City" means the City of Cypress.
C. "City authorization" means City authorization to operate a taxicab business
in the City.
D. "Driver" means a person who drives or controls the movements of a taxicab.
E. "Driver's Permit" means a valid permit issued by OCTAP authorizing a
person to drive or control the movements of a taxicab.
F. "OCTA" means the Orange County Transportation Authority.
G. "OCTAP" means the Orange County Taxi Administration Program
administered by the Orange County Transportation Authority.
H. "Operate a taxicab" means to drive a taxicab and either solicit or pick up
passengers for hire in the City.
"Owner" means the registered owner or lessor of a taxicab.
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J. "Person" includes natural person, firm, association, organization, partnership,
business, trust, corporation, or public entity.
K. "Taxicab" means a vehicle operated within the jurisdiction of the City,
capable of carrying not more than eight persons, excluding the driver, and used to carry
passengers for hire. The term shall exclude a vehicle operating as a Charter Party Carrier
licensed as such by any state agency, including the Public Utilities Commission, or any
other vehicle having a Certificate of Public Convenience and Necessity issued by any state
agency, including the Public Utilities Commission.
L. "Taxicab Business Permit" means a valid permit issued by OCTAP
authorizing a person to operate a taxicab business.
M. "Taxicab Stand" means a portion of the street designated by the City Council
for the use of taxicabs while waiting for employment or hire.
N. "Taxicab Vehicle Permit" means a valid permit issued by OCTAP
authorizing a particular vehicle to be operated as a taxicab.
Article II
Section 26A -2
City Authorization Required.
A. A person shall operate a taxicab only if the owner of that taxicab is authorized
by OCTAP to operate a taxicab business.
B. An owner shall allow a taxicab owned by or under the control of the owner
to be operated only if the owner is authorized by OCTAP to operate a taxicab business.
C. City's authorization to operate a taxicab and taxicab business in the City shall
be deemed granted provided each driver and taxicab business possesses all required
OCTAP permits and each business possesses a valid City business license, as required
by this Code.
Section 26A -3 - Driver's Permit Required.
A person shall operate a taxicab only if that person possesses a Driver's Permit and
City authorization has been granted. An owner shall allow a driver to operate a taxicab
owned by or under the control of the owner only if that driver possesses a Driver's Permit
and City authorization has been granted.
Section 26A -4 - Taxicab Vehicle Permit Required.
A person shall operate a taxicab only if that vehicle displays a Taxicab Vehicle
Permit and if City authorization has been granted. An owner shall allow a taxicab owned
by or under the control of the owner to be operated in the City only if that vehicle displays
a Taxicab Vehicle Permit and if City authorization has been granted.
Section 26A -5 - Taxicab Business Permit Required.
A person shall operate a taxicab business in the City only if that person possesses
a Taxicab Business Permit and if City authorization has been granted.
Section 26A -6 - Application for Permits.
Application for a Driver's Permit, Taxicab Vehicle Permit or Taxicab Business Permit
shall be made to OCTAP, upon a form provided by OCTAP and shall be accompanied by
an application fee sufficient to cover the administrative costs of processing said application
as established by the Orange County Transportation Authority.
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Section 26A -7 - Testing for Controlled Substances and Alcohol.
A driver shall test negative for controlled substances and alcohol as required by any
and all applicable state and federal statutes.
Section 26A -8 - Insurance Required.
A driver operating a taxicab in the City shall at all times carry proof of insurance
covering that vehicle, with such policy limits and coverage as established by OCTAP and
adopted by resolution of the City Council. Said proof of insurance must clearly identify the
vehicle covered.
Section 26A -9 - Nontransferability.
No permit issued under this Chapter shall be used by or assigned to any person or
vehicle other than the person or vehicle named in such permit.
Section 26A -10 - Equipment.
A taxicab operated under the authority of this Chapter shall be equipped according
to the standards established by OCTAP and adopted by resolution of the City Council.
Section 26A -11 - Mechanical Condition.
A taxicab operated under the authority of this Chapter shall be maintained according
to the standards established by OCTAP and adopted by resolution of the City Council.
Section 26A -12 - Operational Requirements.
A. Each driver shall carry each passenger to his /her destination by only the most
direct and accessible route.
B. Each taxicab shall have all permits issued by OCTAP conspicuously
displayed according to the standards established by OCTAP and adopted by resolution of
the City Council.
C. Each taxicab shall have the following information continuously posted in a
prominent location in the taxicab passenger's compartment according to the standards
established by OCTAP and adopted by resolution of the City Council:
1. A schedule of rates and charges for the hire of said taxicab;
2. The driver's name and address;
3. The owner's name, address and telephone number;
4. The taxicab identification number;
5. The Driver's Permit issued pursuant to this Chapter;
6. The Taxicab Vehicle Permit issued pursuant to this Chapter; and
7. Any other information required by the City.
D. A driver shall give a receipt for the amount charged upon the request of the
person paying the fare.
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E. A taxicab shall be operated only if the passenger compartment is kept in a
clean and sanitary condition.
F. A driver shall not leave his or her taxicab to solicit passengers.
G. The name or trade name of the owner and the number by which the taxicab
is designated shall be printed, stamped or stenciled conspicuously on the outside of each
taxicab according to the standards established by OCTAP and adopted by resolution of the
City Council.
Section 26A -13 - Rates and Charges.
No driver shall charge rates or charges other than those established by OCTAP and
adopted by resolution of the City Council.
Section 26A -14 - Separate From Business Licensing.
The requirements of this Chapter are separate and independent from all other
provisions of this Code, including, but not limited to, those provisions related to business
licensing.
Section 26A -15 - Taxicab Stands.
A. No owner or driver of any taxicab shall park or stand the same upon any
public street in the City, other than at a taxicab stand for which the owner has a permit, for
any period longer than is necessary to discharge passengers occupying the taxicab or
receive passengers then waiting for the taxicab; provided, however, that a taxicab shall in
no case be parked for a period longer than five minutes on any street within the City,
except in a taxicab stand for which the owner has a permit. Each taxicab business desiring
a taxicab stand permit shall file an application with the Chief of Police on such form as may
be provided by the City. No taxicab stand permit shall be issued to any taxicab business
unless such business possesses a current Taxicab Business Permit issued by OCTAP.
B. The Chief of Police shall designate in each taxicab stand permit the exact
location of the taxicab stand. Such permit shall also specify the taxicab stand dimension
in feet and the location of any parking or stand space reserved for the taxicab stand, which
reserved space may be at any time changed, diminished or increased by the Chief of
Police following written notice to a permittee.
C. Every taxicab stand, as permitted by the Chief of Police, shall be indicated
by red paint or other red material, upon the entire curb surface thereof, with the words
"Taxicabs Only" in white letters thereon.
D. Any taxicab stand permit that is granted to any person may be used jointly
by any two or more persons holding permits under this Chapter by the mutual written
consent of said persons, provided such consent is signed and filed with the Chief of Police.
E. No assigned taxicab stand shall be changed without obtaining a new permit
from the Chief of Police.
F. In the event that any taxicab stand permittee shall fail, for a period of fourteen
(14) consecutive days after service of written notice, to use such taxicab stand for his or
her taxicab or taxicabs, the permittee shall be deemed to have abandoned such taxicab
stand. Said notice shall state that continued non -use of the taxicab stand for the period
specified herein shall result in a determination of abandonment. In the event a taxicab
stand is abandoned, it may be reassigned to any other permittee. This subsection shall
not apply when a permittee, within said fourteen (14) day period, provides written evidence
to the Chief of Police establishing that such non -use was due to illness or some other
occurrence beyond the reasonable control of the permittee. Taxicab malfunction shall not
be an acceptable excuse.
G. No person, other than an employee of the City, shall paint any curb of any
taxicab stand. Each taxicab stand permittee shall reimburse the City for such painting as
may be required from time -to -time, and failure to make such reimbursement shall be
grounds for denial of a new or renewed permit.
H. No person shall stop, stand or park any vehicle, other than a City - permitted
taxicab, in any street where the adjacent curbing is identified as a taxicab stand pursuant
to subsection C above.
Article III - General
Section 26A -16 - Penalties for Violation of Ordinance.
It shall be unlawful for any person, firm, partnership or corporation to violate any
provision or to fail to comply with any of the requirements of the Ordinance hereby
adopted. Any person, firm, partnership or corporation violating any provision of this
Ordinance or failing to comply with any of its requirements shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one
thousand dollars ($1,000.00), or by imprisonment not exceeding six (6) months, or by both
such fine and imprisonment. Each and every person, firm, partnership, or corporation shall
be deemed guilty of a separate offense for each and every day or any portion thereof
during which any violation of any of the provisions of this Ordinance is committed,
continued or permitted by such person, firm, partnership or corporation, and shall be
deemed punishable therefor as provided in this Ordinance.
Section 26A -17 - Civil Remedies Available.
The violation of any of the provisions of the Ordinance hereby adopted shall
constitute a nuisance and may be abated by the City through civil process by means of
restraining order, preliminary or permanent injunction or in any other manner provided by
law for the abatement of such nuisance.
Section 26A -18 - Severability.
The City Council declares that, should any provision, section, paragraph, sentence
or word of this Ordinance be rendered or declared invalid by any final court action in a
court of competent jurisdiction, or by reason of any preemptive legislation, the remaining
provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in
full force and effect.
Section 26A -19 - Certification.
The City Clerk shall certify to the adoption of this Ordinance and shall cause the
same to be published in the manner prescribed by law.
FIRST READ at a regular meeting of the City Council of said City held on
the 22nd day of February 1999, and finally adopted and order posted at a
regular meeting held on the 8th day of March 1999.
ATTEST:
C RK OF THE CITY OF CYPRESS
I E
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MAYOR OF THE CITY OF CYPRESS
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
SS
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting
of the City Council, held on the 8th day of March 1999; by the
following roll call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Piercy, Sondhi
NOES: 0 COUNCIL MEMBERS: None and Keenan
ABSENT: 0 COUNCIL MEMBERS: None
CQO.14 C ERK OF THE CITY OF CYPRESS