HomeMy WebLinkAboutOrd 2018-3439ORDINANCE NO. 3439
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE CHAPTER 5.54,
REGULATING TAXICABS AND OTHER FOR-HIRE
VEHICLES THROUGH ADOPTION OF SAN DIEGO
METROPOLITAN TRANSIT SYSTEM CODIFIED
ORDINANCE NO. 11
WHEREAS, the City of Chula Vista, through its Police Department, regulates taxi cab
operators in the city by requiring a certificate to operate, issued by the Chief of Police; and
WHEREAS, with 27 taxicab companies and a total of 54 taxicabs licensed to operate in
Chula Vista, the City collects $5,400 annually, based on a $150 fee for the first cab and a $25 fee
for the second cab; and
WHEREAS, Assembly Bill No. 1069, signed into law by California’s governor in 2017
and effective on January 1, 2019, requires cities to either create a Joint Powers Authority or enter
into an agreement with a transit agency, such as the San Diego Metropolitan Transit System
(“MTS”), to regulate taxicab companies and taxicab drivers; and
WHEREAS, according to a legislative analysis, the goal of AB 1069 was to enable
taxicab operators to operate under one set of statewide requirements, similar to other for-hire
transportation companies, rather than a patchwork of local regulations; and
WHEREAS, AB 1069 was supported by the taxi industry because it requires a single
permit from a transit agency rather than multiple permits from cities, thereby reducing operating
costs; and
WHEREAS, as authorized by California Public Utilities Code Section 12066, the MTS ,
for years, has contracted with most cities in its service area, such as National City, Imperial
Beach, San Diego, Lemon Grove, El Cajon, Santee and Poway, to provide full-service regulation
of taxicabs and other for-hire transportation services; and
WHEREAS, pursuant to MTS Codified Ordinance No. 11, regulation includes
determining owner eligibility, inspecting vehicles, issuing permits, monitoring compliance with
administrative and operational regulations and investigating passenger complaints; and
WHEREAS, AB 1069 reserved rights of cities to regulate taxi stands in their jurisdictions
and to require taxicab companies that are located in Chula Vista to obtain a business license.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
DocuSign Envelope ID: F55A61B2-F930-4A34-8A96-C7CFDD76B201
Ordinance No. 3439
Page No. 2
Section I.
Chapter 5.54
TAXICABS AND OTHER FOR-HIRE VEHICLES*
Sections:
5.54.010 Purpose.
5.54.020 Definitions.
5.54.030 Taxicab stands – Established – Designation.
5.54.040 Taxicab stands – Unattended vehicles prohibited when.
5.54.050 Taxicab stands – Hours of operation.
5.54.060 Regulatory administration by contract with Metropolitan Transit System
* For statutory provisions for local regulation of vehicles for hire, see Veh. Code § 16501; for
provisions for carriers generally, see Civil Code § 2065, et seq., and Public Util. Code § 200, et
seq.; for provisions for financial responsibility of taxicab companies, see Veh. Code § 16500, et
seq. Prior ordinance history: Prior code §§ 31.5, 31.17 – 31.28, 31.38 – 31.44 and Ords. 1911
and 1881.
5.54.010 Purpose.
The purpose of this chapter is to provide for the regulation of taxicabs and other for-hire
vehicles within the city of Chula Vista through adoption of San Diego Metropolitan Transit
System (MTS) Codified Ordinance No. 11, and to implement the provisions of California Public
Utilities Code Section 12066 by contract with MTS to license and regulate for-hire transportation
services within the city.
5.54.020 Definitions.
The definitions set forth in Section 1.1 of San Diego Metropolitan Transit System Codified
Ordinance No. 11 shall govern this chapter.
5.54.030 Taxicab stands – Established – Designation.
The council may by resolution locate and designate taxicab stands, which stands when so
established shall be appropriately designated “Taxis Only.” (Ord. 2003 § 2, 1982).
5.54.040 Taxicab stands – Unattended vehicles prohibited when.
It is unlawful for any taxicab to remain standing in any established taxicab stand unless such cab
is attended by a driver or operator, except when assisting passengers to load or unload, or when
answering his telephone. (Ord. 2003 § 2, 1982).
5.54.050 Taxicab stands – Hours of operation.
Taxicab stands established hereunder shall be in operation 24 hours of every day. (Ord. 2003 § 2,
1982).
DocuSign Envelope ID: F55A61B2-F930-4A34-8A96-C7CFDD76B201
Ordinance No. 3439
Page No. 3
5.54.060 Regulatory administration by contract with Metropolitan Transit System
The City Council, by resolution, has authorized a contract with San Diego Metropolitan Transit
System (MTS) for the administration and enforcement by MTS of regulations, policies and
ordinances for taxicabs and other for-hire vehicles operated within the city, including collection
and administration of all applicable regulatory fees, fines and forfeitures. While that contract is
in effect, the applicable regulations, policies and ordinances of MTS, including MTS Codified
Ordinance No. 11, as now in effect or as may from time to time be amended, shall govern the
operation of taxicabs and other for-hire vehicles within the city. License of a taxicab and other
for-hire vehicles or the operator or owner by MTS does not exempt the licensee from city
business tax license requirements and payment of fees pursuant to Title 5, Business Licenses,
Taxes and Regulations, if the licensee is substantially located in Chula Vista, as defined by AB
1069. A copy of MTS Codified Ordinance No. 11 is on file with the office of the City Clerk and
also may be viewed at the MTS website, www.sdmts.com.
Section II. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
DocuSign Envelope ID: F55A61B2-F930-4A34-8A96-C7CFDD76B201
Ordinance No. 3439
Page No. 4
Presented by Approved as to form by
Roxana Kennedy Glen R. Googins
Chief of Police City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 18th day of September 2018, by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3439 had its first reading at a regular meeting held on the 11th day of September
2018 and its second reading and adoption at a regular meeting of said City Council held on the
18th day of September 2018; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
DocuSign Envelope ID: F55A61B2-F930-4A34-8A96-C7CFDD76B201
10/2/2018