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Ordinance No. 536ORDINANCE NO. 536 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS ADDING CHAPTER 26A TO THE CYPRESS MUNICIPAL CODE, REGULATING TAXICABS. THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS FOLLOWS: SECTION ONE. Chapter 26A is hereby added to the Code of the City of Cypress to read as follows: §26A -1 Definitions "TAXICABS" FRANCHISES AND PERMITS Article I. Definitions Article II. Franchise §26A -2 Permit required §26A -3 Application for franchise -Fee §26A -4 Investigation and report §26A -5 Hearing for franchise- Notice §26A -6 Granting or denial of a franchise- Standards §26A -7 Renewal of franchise §26A -8 Revocation of franchise Article III. Driver Permits §26A -9 Applications for driver's permit -Fee §26A -10 Investigation §26A -11 Issuance or denial of a driver's permit- Standards §26A -12 Revocation of driver's permit §26A -13 Reinstatement of driver's permit §26A -14 Appeal- Hearing §26A -15 Insurance Article IV. General §26A -16 Display of permit §26A -17 Nontransferability §26A -18 Substitution of vehicles §26A -19 Rates of fare - Display - Overcharging- Change of rates §26A -20 Defective, unsafe or unsanitary taxicab- Inspection §26A -21 Rest periods for drivers §26A -22 Direct route to destination §26A -23 Refusal to pay fare ARTICLE I. DEFINITIONS Sec. 26A -1 Definitions. For the purposes of this chapter: A. "Driver" means a person who drives or physically controls the movements of a taxicab. B. "Owner" means the registered owner of a taxicab and includes any lessee or other person in control of the use of such vehicle with the permission of such owner or lessee. C. "Taxicab" means a motor vehicle which is offered with a driver to transport persons from place to place for commercial purposes other than on a fixed route, whether or not anything is given by any person transported therein in payment of such transportation or as a gift or gratuity. Commercial purposes inciude promotional or convenience purposes related or connected with trade or commerce in general. D. "Taxicab stand" means an area along the edge of a street, which area has been designed by the City Council for the parking of taxicabs while waiting to transport any person therein. ARTICLE II. FRANCHISE Sec. 26A -2 Permit Required. No person shall conduct any taxicab business or transport any person in any taxicab, upon any street in the city, or park any taxicab at any taxicab stand in the city, unless a franchise and permit to do so have been issued as provided in this chapter which shall not have been revoked, except that no such permit is required co transport any owner of a taxicab or any person related by blood, marriage or adoption to any owner or driver of a taxicab in which such person is being transported and no such permit is required by any driver of a taxicab who has a valid permit issued by the Chief of Police of the City of Anaheim to drive a taxicab in said city. Sec. 26A -3 Application for Franchise -Fee. Upon the payment to the City Treasurer of an amount designated from time to time by resolution of the City Council as a fee for the administrative services in investigating and considering such an application, any person may file with the City Clerk a written application, in duplicate, to the City Council for a non - exclusive yearly franchise to conduct a taxicab business, or.to operate taxicabs, in the city, if such application contains a statement under the penalty of perjury showing: A. The name and the business and residence addresses and telephone numbers of the applicant and, if a corporation or partnership or association,.those of.the manager, officers, directors and of the owners of the controlling interest therein. B. A. statement of .how many .taxicabs are requested by the applicant to be authorized to be used in the.city.and a. detailed description. of.each.such.taxicab,.including the color and name that will appear.on.the outside thereof, the make, model, year of manufacture, total estimated mileage to be driven, seating capacity, license number and the name and address of the registered owner of each thereof. C. A statement_of.facts.relied_on.by the applicant to show there is a public need for such taxicab or taxicabs to be operated in the city. D. The rates to be charged to carry persons in such taxicab or taxicabs. E. The street number or. other .description of the exact locations where such taxicabs will .be.parked, stopped or standing while waiting for persons to be carried therein. Sec. 26A -4 Investigation and Report. Upon the .filing of any application under Section 26A -3 of this chapter, a copy.thereof shall be sent.by the City Clerk to the Chief of Police and he shall_make.an_investigation thereof and file his report of such investigation in duplicate with the City Clerk within twenty (20) days after his receipt of such application. Sec. 26A -5 Hearing for Initial Franchise - Notice. Upon receipt of. the .report_required by Section 26A -4 of this chapter, the City .Clerk . shall set the .matter for hearing by the City Council within thirty (30) days of the filing of the application filed.under Section 26A -3 of this.chapter. The _Clerk .shall _furnish .a.copy of the application and of the report to the City Council and shall send at_least fifteen (15) days in advance of such hearing a.notice of the time and place of such hearing and a copy of the.report by certified mail to the applicant at the address of the applicant shown on the application, and to each person to whom a franchise .to.conduct a. taxicab business, or to operate taxicabs, in the city has been granted .and . not revoked.. The applicant and any person interested in the granting or.denying of such application may appear before the City.Council.at. such .hearing . and be heard pertaining thereto. The City Council.may request additional_ information from the applicant or from any other person.or may request a.further investigation and report from the Chief of Police. The City Council may question the applicant concerning any facts disclosed in the application, or report, or such further information at the hearing. Sec. 26A -6 Granting or Denial of a Franchise- Standards. When the City Council deems that.it.is fully informed concerning an application filed under - Section .26A -3 of this chapter, it shall grant or deny such application upon the basis of the following standards: A. The application shall.be. granted for one year if the Council determines: 3 (1) That the public .convenience .or necessity requires the operation.of any .taxicabs .in.the city in addition to those then authorized by any franchise or franchises to so operate, in which event the City Council shall grant such application.by issuing a franchise for the operation by the.applicant.of.only such number of taxicabs as the City Council_shall.then determine to be so required and shall in.such franchise.describe.the exact location or locations where such .taxicab .or taxicabs are thereby permitted.to be.parked,.stopped,.or standing while waiting .for persons .to .be .carried therein, and shall in such franchise identify each .such taxicab thereby permitted to be so operated by setting forth in such franchise a full description of each such taxicab: and (2) That.the_ rates specified in.the application or any reduction thereof consented to by the applicant upon the hearing. of.the.application,.to be charged to carry persons in such taxicab. or.taxicabs,.are reasonable, in which event, the City Council shall specify such rates in such franchise. B. The application shall be denied if the City Council determines: (1) That the public _convenience or necessity does not then require the_operation_of any taxicabs in the city in addition to. those . then so operating under any city franchise or franchises; or (2) That.the rates proposed or consented to be charged by the.applicant_to_carry persons in such taxicab or taxicabs are unreasonable as being excessive. Sec. 26A -7 Renewal of Franchise. The initial franchise.shall.be.granted for a period not to exceed one year. Annual renewals of one.year each - may.be granted upon request of the franchise.holder.in accordance with the preceding sections for the grant or denial of the original franchise. Sec. 26A -8 Revocation of Franchise. The City Council.may. revoke _any . franchise granted under this chapter, or under any .ordinance .of the city passed before the ordinance enacting this chapter is.passed,.whenever it determines after a hearing upon notice to the .person to whom .such .franchise .was .issued that the rates for carrying persons. in.the.city.pursuant to such franchise are in excess of those authorized.thereby; that the taxicabs operated in the _city under such franchise are in excess of the_number, or not the same taxicabs, authorized to be so.operated.by such franchise, or that the public convenience or necessity does.no.longer require_the operation in the city of the taxicabs, authorized to be operated .under such.permit. A hearing before the City Council_upon.any proposal to revoke such a franchise shall be set by the City Clerk_not.less.than_thirty (30) days after any such proposal is filed by the_City.Clerk.stating.the facts_and reasons upon which it is based. Notice .of .such hearing and .a .copy of such proposal .shall be sent by the Clerk by_certified_mail_to.the person named in such franchise at the address therein.at.least.fifteen (15) days before such hearing. Such person and anyone.interested . in.such revocation may appear and be heard at such hearing. When fully advised, the.Council shall revoke or refuse to revoke such franchise on the basis of the standards in this chapter. • ARTICLE III. DRIVER PERMITS Sec. 26A -9 Application for Driver's Permit -Fee. Upon the payment to the. City Treasurer of.an amount designated from time to time .by resolution of.the - City - Council as .a fee for the adminis- trative services in investigating and considering_ such application, any person may file a written _application . with the Chief of Police for a permit to drive .any .taxicab .described . in_any franchise .granted by the Council under this chapter.in the city.. . Each application shall be submitted in duplicate in writing and shall set forth the following: A. The name .and .age, and the business .and .residence addresses and telephone numbers of the applicant. B. A description of each taxicab which the applicant proposes to drive in the city. C. The street number and exact location of the place or places where _the applicant proposes to park, stop or stand.each such taxicab when waiting to carry persons therein. Sec. 26A -10 Investigation. Upon receipt of any application filed under Section 26A -9 of this chapter, the Chief of.Police of the City of Cypress shall make an investigation of the .application .and shall determine whether it is reasonably probable that such.applicant is.of good moral character and whether it is reasonably probable.that the applicant .has any propensity toward careless or reckless driving.of.a. motor vehicle or toward the driving thereof while under the influence .of a1coho1 or any drug or toward theft or any dishonest, lewd, profane,. .threatening or violent conduct. Such determination shall be made within thirty (30) days. Applicants shall submit to fingerprinting. Sec. 26A -11 Issuance or Denial of a Driver's Permit - Standards Promptly upon making a determination under Section 26A -10 of this chapter, the _Chief of Police .shall .issue or deny a .driver's permit to the applicant therefor upon the basis of the following standards: A. Such permit shall.be issued, good until revoked, and shall .name .the .driver and give his address _and the description of each taxicab he is thereby authorized to drive in .the .city if the -certificate of insurance is filed .as required by this chapter and if the determination is that it is reasonably probable: (1) That.the_ applicant is a person of good moral character; and (2) That the .applicant dQes not have any propensity toward .the _careless or . reckless .driving .of a motor vehicle,._ or. toward_ the driving thereof while under the influence of alcohol or .any drug or toward theft or any dishonest, lewd, profane, threatening or violent conduct. B. Such permit shall be denied if the determination is that it is reasonably probable: (1) That the applicant is not a person of good moral character; and (2) That the applicant has some propensity toward the careless or reckless driving of a motor vehicle or toward the driving thereof while under the influence of alcohol or any drug or toward theft or any dishonest, lewd, profane, threatening or violent conduct. Sec. 26A -12 Revocation of Driver's Permit. Any driver's permit issued under this chapter shall be summarily revoked by the Chief of Police without notice or hearing whenever he obtains information, considered by him to be reliable, after the issuance of such permit that.the.person named therein has, or that it is reasonably probable that such person has, been guilty of conduct reasonably indicating that such person is not a person of good moral character or that such person has some propensity toward the careless or reckless driving of a motor vehicle or .toward the .driving .thereof _ while under the influence of alcohol .or.any drug or toward .theft .or dishonest, lewd, profane, threat- ening or violent conduct or that the insurance required by this chapter is no longer in ..force. Notice.of such revocation, with the facts and reasons therefor, shall be forthwith sent by the Chief of Police by certified mail to the person named in such permit at the address thereon. Sec. 26A -13 Reinstatement of Driver's Permit. Such revoked permit shall be reinstated by the Chief of Police if a request therefor is fiied with him within fifteen (15) days after the mailing.of.the notice.of revocation.under Section 26A -12 of this chapter and he.determines.after notice and a hearing by him that the grounds for such revocation .do .not then exist. Upon the receipt of such request within said time, he.shall set a hearing thereon within thirty (30) days and send .a notice of_the time .and place thereof not less than fifteen (15) days before_such. hearing, by _certified mail, to all persons named in such request and to_any other persons .he. deems may be interested therein. Any person shall.be.permitted.to.be present at such hearing and give evidence and explanations concerning such request. Sec. 26A -14 Appeal- Hearing. Any .person may ..appeal .any .denial of a driver's permit or from any refusal to reinstate .a.revoked.driver's permit to the City Council, provided .that.notice . of . such_appeal is filed in writing with the City Clerk within thirty (30) days after the mailing of the notice of such action by the Chief of.Police_to the person named in such permit or in the application therefor. .Upon receipt by the City Clerk of any such notice .of .appeal, such _appeal .shall be set by the City Clerk for hearing by the.City.Council_ within .thirty .(30).days thereafter. Notice of the time and .place .of .such .hearing _shall .be _sent by the .City Clerk by certified. mail. to the appellant_at the address shown upon the notice of appeal .at .least .fifteen . (15) .days in .advance of such hearing. Any person interested in such appeal may appear before the City Council at such hearing and be heard pertaining thereto. The City Council shall then consider all evidence presented, including the report of the Chief of Police. The City Council may request additional information from any person and may question the appellant as to any facts pertaining to such appeal. Upon any such appeal being filed with the City Clerk, a copy thereof shall be sent to the Chief of Police and he shall thereupon forward to the City Council all information in his possession pertaining to said matter. Sec. 26A -15 Insurance. Before any driver's permit is issued under this chapter, a certificate of insurance, approved by the City Attorney, shall be filed with the Chief of Police and shall show that the applicant is insured in the amount of One Million Dollars for the payment to any person or persons who may be entitled to recover damages from the applicant by reason of the operation of a taxicab in the city by the applicant. ARTICLE IV. GENERAL Sec. 26A -16 Display of Permit. No person shall refuse to exhibit any permit issued pursuant to this chapter to any police officer or other person upon demand therefor. Sec. 26A -17 Non - transferability. No permit issued under this chapter shall be subject to assignment to, or use by, any person other than the person or persons named in such permit. Any such assignment, transfer or use with the permission of any person or persons named therein shall be grounds for the revocation of such permit in addition to all other grounds provided by this chapter. Sec. 26A -18 Substitution of Vehicles. Any person to whom a franchise has been granted by the Council and not revoked or to whom .a driver's permit has been issued by the Chief of Police and not revoked, under this chapter, may have such franchise or permit amended by the Chief of Police so as to substitute a different vehicle for any vehicle described therein, provided that the certificate of insurance required by this chapter is also amended. Sec. 26A -19 Rates of Fare - Display - Overcharging- Change of Rates. No person having a franchise or a driver's permit under this chapter shall drive any taxicab, or permit any taxicab described in such franchise or any amendment thereto to be .operated in the city, unless the rates of charges so authorized are conspicuously displayed in full view of all persons carried .therein, .together with the name, address and telephone number of the person to whom such .franchise was granted and of the driver of such taxicab. No such driver shall .charge .any .amount for .carrying any person or persons in any such. taxicab.so operated.which is in excess of the rates authorized by the Council. Such rates.may.be increased only by an amendment to such franchise by the Council. Sec. 26A -20 Defective, Unsafe or Unsanitary Taxicab - Inspection. No person to .whom a franchise has been granted by the Council and not revoked and .no. person to whom a driver's permit has been issued by the Chief of Police.and not.revoked under this chapter shall drive, or permit to be driven, in the.city any taxicab while it, or any equipment thereon or there- with is .in .a defective, .unsafe .or unsanitary condition, or without making reasonable inspections and .replacements of, and repairs to, any parts including tires to insure the safe use of such taxicab, or without permitting any police officer to make an inspection of such taxicab as to its contents and condition at all reasonable times. Sec. 26A -21 Rest Periods for Drivers. No person shall drive a taxicab on.any.street in .the .city unless he has had _a .rest period .free from ..any duty .pertaining .to .the operation of a taxicab .or .a .taxicab .business .for .not .less ,than eight (8) consecutive hours within. the preceding twenty -four (24) hours, or after being on any such duty. for.a.period.o£.twelve.(12)- consecutive hours or any twelve (12) hours in the preceding sixteen (16) hours. Sec. 26A -22 Direct Route to Destination. No .driver authorized.under.this chapter shall drive any taxicab in the city,- while carrying. any. person- therein who is charged therefor, by any route .except by the most .direct route .possible to carry such person safely and expeditiously to the destination of such person. Sec. 26A -23 Refusal to Pay Fare. No person carried in the city in any taxicab then authorized under this chapter to be driven in the city shall fail or refuse to pay upon demand.to -any driver then authorized under this chapter to drive such taxicab.in the_ city_ the amount so authorized to be charged therefor if such amount is displayed in such taxicab as required by this chapter. SECTION TWO: SEVERABILITY. If any word, phrase, clause,. sentence or section of this chapter is for. any reason invalid, such invalidity shall not impair the validity of any other part of this chapter and the Council declares that it would have enacted each and every part of this chapter without any such invalid or any other part thereof. PASSED AND. ADOPTED - by. the .City.Council of the City of Cypress at a regular meeting held on the 26th day of August, 1974. ATTEST: CITY CLERK MAYOR OF T, IECITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the 26th day of August, 1974; by the following roll call vote: AYES: 4 COUNCILMEN: NOES: 0 COUNCILMEN: ABSENT: 1 COUNCILMEN: Frankiewich, Harvey, Sonju and Lacayo None Kanel 9 DARRELL ESSEX CITY CLERK OF THE CITY OF CYPRESS