HomeMy WebLinkAboutOrd 1979-1881 + • � " � . . . .
ORDINANCE N0. 1881
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 5.54 OF
TF� CHULA VISTA AIWICIPAL CODE BY REPEALING SECTIONS 5.54.010 '
THItOUGH 5.54. 160 AND ADDING THERETO NEW SECTIONS 5.54.010 THROUGH
5. 54.100 ALL RELATING TO THE ISSUANCE OF CERTIFICATES FOR THE
OPERATION OF TAXICABS WITHIN THE CITY OF CHULA VISTA
By a 4 to 0 vote of the City Council on November 27, 1979 (Councilwoman
McCandliss was absent) , the ordinance regulating the operation of
taxicabs in the City of Chula Vista was adopted. The new ordinance
eliminates the restrictive practices of cities and makes it possible
for anyone satisfying basic financial, mechanical and safety
provisions of the ordinance to enter into the field of providing
taxicab service. Further, the ordinance provides more stringent
regulations relative to insurance coverage, safety requirements
and cleanliness and sanitary requirements.
A copy of the ordinance is available in the office of theCity
Clerk, City Hall, 276 Fourth Avenue.
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Revised 11-21-79
ORDINANCE NO. 1881
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTER 5. 54 OF THE CHULA VISTA MUNICIPAI, CODE
BY REPEALING SECTIONS 5. 54 . 010 THROUGH 5 .54 . 160,
AND ADDING THERETO NEW SECTIONS 5 . 54 . 010 THROUGH
5. 54 .100, ALL RELATING TO THE ISSUANCE OF CER-
TIFICATES FOR THE OPERATION OF TAXICABS WITHIN
THE CITY OF CHULA VISTA
The City Council of the City of Chula Vista does ordain
as follows :
SECTION I : That Sections 5. 54 .010 through 5.54. 160
of the Chula Vista Municipal Code be, and the same are hereby
repealed and that new Sections 5 . 54 . 010 through 5 . 54 .100 be,
and the same are hereby adopted to read as follows:
Sec. 5. 54 .010 Purpose and Intent.
The purpose of this chapter is to regulate taxicab
operators in the City of Chula Vista to best serve the
public interest and to permit a sufficient degree
of flexibility in operation so as to allow an increased
number of vehicles to be operated under the direction
and supervision of a certified operator during peak
demand hours . Any vehicles operating and picking up
passengers within the City of Chula Vista shall have
paid the license tax and administrative fee provided
herein and meet all requirements for said operation
as set forth herein.
It is the .intent o£ the City to prohibit the transfer
of a certificate by an approved operator. It shall. be
required that any such operator surrender his certifi-
cate.:to the City if he should cease to do business
within the City. It is further the intent of the
City Council that all taxicabs operating within the
City shall be owned by a certified operator.
Sec. 5. 54 . 020 Certificate - License Required.
No person shall engage in the business of operating
any taxicab or taxicabs within the City of Chula Vista
without first having obtained a certificate to operate
from the Council. All vehicles shall meet the standards
and qualifications for vehicles and drivers as provided
by this chapter and the full• license tax and administra-
tive fee must be paid regardless of the duration of
the time said taxicabs are assigned to operation within
the City. Should reports be received that said proce-
dure is being violated, the operator' s certification
may be suspended or revoked.
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Every person conducting, managing or operating a ,
business in which taxicabs or for-hire vehicles are
used, shall pay one hundred dollars per year for the
operation of . said .business and . an administrative fee
of three dollars ' per year for each vehicle owned by the
certified operator prorated to the nearest quarter.
Sec. 5. 54 .030 Definitions:
For the purposes of this chapter, unless otherwise
expressly stated, the following words and phrases shall
have the meanings respectively ascribed to them by this
section:
A. "Certified Operator" means a person authorized by
the City Council to operate a taxicab or taxicabs
in the City of Chula Vista and who has been issued
a certificate for the operation of such vehicles .
B. "Driver" means and includes every person in charge
of, or operating, any passenger-carrying or motor-
propelled vehicle, either as agent, employee, or
otherwise, of owner, as owner, or under the direc-
tion of the owner.
C. "Owner" means and includes every person, firm or
corporation having use or control oP any passenger-
carrying automobile or motor-propelled vehicle,
whether as owner, lessee or otherwise.
D. "Person" means and includes any individual, partner-
ship, association, corporation or other organization
owning, operating or proposing to operate any taxicab
or taxicabs within the city.
E. "Street" means and includes any place commonly used
for the purpose of public travel.
F. "Taxicab" means and includes every automobile or
motor-propelled vehicle of a distinctive color or
colors, and/or of public appearance such as is in
common usage in this country for taxicabs , (e .g. , ,
vehicles such as pickup trucks and dune buggies would
not normally be used for taxicab purposes) , and/or
operated at rates per mile, or for wait-time , or for
both, and equipped with a taximeter, used for the trans-
portation 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 lines of the city, and such
vehicle is routed under the direction of such
passenger or passengers, or of such persons hiring
the same.
G. "Taximeter" means and includes any mechanical in-
strument, appliance, device or machine by which
the charge for hire of a passenger-carrying vehicle
is mechanically calculated for distance traveled and
time consumed, and upon such instrument, appliance,
device or machine such charge is indicated by- figures.
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Sec. 5 .54 .040 Certificate - Application - Contents.
All persons applying to the Council for a certificate
for the operation of one or more taxicabs shall file with
the Council a sworn application therefor on forms provided
by the City Clerk stating as follows:
A. The name and •address of the owner 'or person applying;
B. The number of vehicles actually owned and operated
by such owner on the date of application, if any;
C. The intended make, type, year and passenger seating
capacity of each taxicab.
D. The make and type of taximeter intended to be in-
stalled in each taxicab. ,
E. A description of the proposed color scheme, insignia,
trade style and/or any other distinguishing charac-
teristics of the proposed taxicab design;
F. Such other information as the Council may in its
discretion require.
Sec. 5 .54 . 050 Certi£icate - Application -
Investigation required.
Before any application is acted upon, the City Manager
shall cause an investigation to be made by the appropriate
department head and shall report his findings in writing
to the Council based upon:
A. The financial responsibility and experience of the
applicant;
B. The number, kind and type of equipment and the
color scheme to be used. All vehicles , if they
are more than two years of age, must have on deposit
with the City of Chula Vista a certification showing
that an annual inspection has been made by an accep=
` table government agency or an inspection station
licensed under Section 9887 . 1 of the Business and
Professions Code of the State of California. Failure
to satisfy said inspection requirements may result
in the suspension of the certificate for said vehicle
until necessary corrections have been made. Said
inspections shall be renewed on an annual basis on
the anniversary date -of said two-year age limit.
All vehicles shall be owned by the holder of the
certificate. All vehicles shall be equipped with a
light on top clearly identifying the vehicles as
taxicabs .
C. Applicant shall agree that he shall� be the owner
of said vehicles and shall maintain said vehicles
in a clean and sanitary condition at all times . If
any of said vehicles are -leased to operators by the
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holder of the certificate , the holder of the certi-
ficate shall immediately provide the City Clerk of
the City of Chula Vista with a copy of said lease;
or names of leasees holding leases .in a form pre-
viously submitted and on file; provided, however,
that such lease arrangement shall not relieve the
certificate holder of any responsibilities and
obligations for the safe maintenance and cleanliness
of the vehicle which has been leased,
Sec. 5. 54 . 060 Certificates Issued by Council.
The City Council shall grant a certificate to those
persons applying therefor who, in its opinion, are
fully qualified in accordance with the requirements
of this ordinance. No certificate shall be issued to
any person who shall not have fully complied with all
of the requirements of this chapter necessary to be
complied with before the commencement of the operation
of the proposed service.
With each certificate the Council issues , the City
Clerk shall issue a numbered medallion of a distinctive
design. The certificate holder shall cause the medallion
to be fixed to the outside left rear portion of each
taxicab owned. The medallion shall be fixed in a
position in plain view from the rear of the taxicab.
Medallions which are lost� or defaced by accident, etc. ,
shall be reported to and replaced by the City Clerk.
Sec. 5. 54 , 070 Certificate for Existing Licensed
Taxicabs.
The provisions of this chapter shall not affect the number
of taxicabs operating with valid permits on the effective
date hereof except as such .vehicles are abandoned or the
right to operate has been lost through inability of operators
to meet requirements of the ordinances of the City of Chula
_ Vista; or in the event that any vehicles for which certi-
ficates may have been issued are not actually owned by
a certified operator upon .the effective date of the
ordinance.
Sec. 5. 54. 080 Certificate - Cancellation as
Certified Operator.
After the service for which a certificate is granted
herein is discontinued, or if the certified person sells
or discontinues his or its business , except as provided
herein, the certificate granted hereunder shall be auto-
matically cancelled and shall be reissued only in accor-
dance with the provisions of this chapter.
. Each certificate issued pursuant� to the provisions
of this chapter is separate and distinct and shall be
transferable from the person to whom issued or by whom
renewed to another person upon the approval of the City
Council; provided, however, that whe,re a certificate is
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. revised 11/20/79
issued pursuant to the provisions of this chapter to a
form of legal entity wherein control is evidenced by
shares of stock or such other evidence of ownership
(including but not necessarily limited to a corporation,
a partnership, a joint venture, a joint stock company, or
a business trust) and the majority interest in said entity
is transferred from that entity to another person or
entity, said transfer, whether voluntary, by operation
of law or otherwise shall be made only upon the approval
of the City Council. The application for the transfer
of said certificate shall certify that the owner of said
certificate has notified the proposed transferee of the
requirements of this chapter pertaining to the transfer
of said certificate; and whenever such application for a
transfer of certificate is made as provided for herein,
the City Manager shall cause an investigation to be
made. No transfer shall be approved by the City Council
without the recommendation of the City Manager in writing.
Sec. 5. 54 . 090 Insurance Required.
It is unlawful to operate any vehicle as defined
in this chapter unless there shall be filed with the
City Clerk a policy of insurance executed and delivered
by a company authorized to carry on an insurance business
in the state, the financial responsibility of which
company shall theretofore have been approved by the City
Attorney, by the terms of which such insurance company
assumes responsibility for injuries to persons or property
caused by the operation of such vehicle in the following
amounts : �
$50,000 primary coverage for property damage per
occurrence; $100 ,000 primary coverage for bodily injury
or death to any one person in any one accident, and $300 ,000
per occurrence £or primary coverage for bodily injury
or death in a combined single limit policy.
In lieu of said insurance coverage, a certified
operator may provide proof of self-insurance under
existing state regulations adequate to meet the limi-
tations set forth herein.
Sec. 5.54 . 100 Fare rates .
The City Council shall by resolution fix the maximum
charges for the transportation o£ any passenger or
passengers within the city limits of the city and it
shall be unlawful for any owner, driver or operator
of any taxicab operated within the city limits of the
city to charge any passenger or passengers any sum
in excess of the maximum rates so fixed and approved
by resolution of the Council in accordance with the
following terms and conditions :
A. After a public hearing , noticed in accordance with
• the noticing requirements of this Code, the City
Council by resolution shall establish a maximum
rate of fare for the hire of taxicabs . Any certi-
£ied operator may petition the City Council for.
any desired change in the maximum taxicab rate
at any. time; provided, however, the City Council
may reconsider such maximum rate of £are at any
time.
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B. Each certified operator shall file with the City
Clerk the rate of fare .that said operator shall
charge for taxicab service, which shall -not exceed
the maximum rate set by the City Council . Each such
certified operator shall set the taximeter for the
rate said operator will charge, and prominently post
rates on each side of the taxicab in block letters
of not less than one inch in height and in a location
where rates can be easily read by prospective passen-
gers.
C. If a certified operator desires to change the rate
of fare on file in the office of the City Clerk,
said operator shall file with the City Clerk the
new rates, reset the meter, and post� the revised
rates on each side of the taxicab as provided
hereinabove.
D, it shall be unlawful for a certified operator to
operate any taxicab •in the City. of Chula Vista
unless the vehicle is equipped with a taximeter
designed to calculate fare upon the basis of a
combination of mileage traveled and time elapsed.
When operative with respect to fare indication,
the fare-indicating mechanism shall be actuated
by the mileage mechanism whenever the vehicle is
in motion at such a speed that the rate of mileage
revenue equals or exceeds the time rate, and may
be actuated by the time mechanism whenever the
vehicle speed. is less than this and when the
vehicle is not in motion. Means shall be provided
for the vehicle operator to render the time mechanism
either operative or inoperative with respect to the
fare-indicating mechanism. Waiting time shall
include all time when a taxicab occupied or engaged
by a passenger is not in motion or is traveling
at a speed which is slow enough for the time rate
to exceed the mileage rate; waiting time will
also include the time consumed while standing at
the direction of the passenger or person who has
engaged such taxicab. It shall be the duty of
every permit holder operating a taxicab to keep
such taximeter in such proper condition so that
said taximeter will , at all times , correctly and
accurately indicate the charge for the distance
traveled and waiting time. The taximeter shall
be at all times subject to inspection by an in-
spector of the City Manager, or any peace officer,
and such inspector or peace officer is hereby
authorized at his instance or upon complaint of
any person to investigate or cause to be inves-
tigated such taximeter, and upon discovery of any
inaccuracy in said taximeter, or if the taximeter
is unsealed, to remove or cause to be removed
the vehicle equipped with such taximeter from
the streets of the City of Chula Vista until the
taximeter shall have been correctly adjusted and
sealed; before being returned to service.
E. It shall be unlawful for any driver of a taxicab
while carrying passengers to display the flag or
device attached to the taximeter in such a position
as to denote that the vehicle is for hire, or is
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not employed, or to have the flag or other attached
device in such a position as to prevent the ta�ci-
meter from operating and it shall be unlawful
for any driver to throw the flag into a position
which causes the taximeter to record when the
vehicle is not actually employed, or to fail to
throw the flag or other device into a nonrecording
position at the termination of each and every
service.
F. The taximeter shall -be so placed in the taxicab
that the reading dial showing the amount of fare
to be charged shall be well lighted and readily
discernible by the passenger riding in such
taxicab.
G. It shall be unlawful for any certified operator
and/or driver of a taxicab to demand of a passenger
a charge for hire greater than the current maximum
rate approved by the City Council or the rate which
said certified operator shall have on file with •the
City Clerk.
H . There shall be : displayed in the passenger compart-
ment of each taxicab, well lighted and readily
discernible by the passenger, in a container of
type and design approved by the Chief of Police,
a card showing - the operator' s rates to be charged
for hire of the vehicle.
SECTION II : This ordinance shall take effect and be
in full. force on January 1, 1980.
Presented and Approved as to form by
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George D: Lindberg, C y Attorney
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FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA� CALIFORNIA� HELD November �n � I9 �� AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD November 27 �
19 �9 , BY THE FOLLOWING VOTE, TO-WIT ;
AYES� Councilman ; _ scott, Giiiow, Cox, Hvde
NAYES� Councilmen ; vone
ABSTAIN� Councilmen ; None
ABSENT: Councilmen ; hlcCandliss
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Mayor of tha City of chula vista
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ATTEST �
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss._
CITY OF CHULA VISTA )
1, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California,
DO HEREBY CERTIFY that the above and foregoing is a fuli, true and correct copy of
ORDINANCE No, 1881 ,and that ihe same has nof been amended or repealed.
DATED
(seal) City Clerk
CC-660 ��Ibr