HomeMy WebLinkAboutOrd 1982-2003 Revised 9/1/82
ORDINANCE NO. 2003
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTERS 5.15, 5.54 AND 5.58 OF THE CHULA VISTA
MUNICIPAL CODE PERTAINING TO AUTOMOBILES FOR HIRE,
TAXICABS AND TOW TRUCKS RESPECTIVELY
The City Council of the City of Chula Vista does hereby
resolve as follows:
SECTION I: That Sections 5.15.010, 5.15.030, 5.15.040,
5.15.050, 5.15.060, 5.15.070 and 5.15.090 of Chapter 5.15 of the
Chula Vista Municipal Code be, and the same is hereby amended to
read as follows:
CHAPTER 5.15 AUTOMOBILES FOR HIRE
Sec. 5.15.010 License - Fee Required.
Every person conducting, managing, or operating a
business in which an automobile for hire is used shall
pay a license fee e~ ~we~-~e-~e~a~e-~e~-~e~ as
set forth on the Master Fee Schedule for each such
automobile for hire.
Sec. 5.15.030 Insurance Required.
It is unlawful to operate any vehicle as defined in
Section 5.15.020 unless there shall be filed with the
e{-t-y ~ Director of Public Safety a policy of insur-
ance executed and delivered by a company
ea~-eR-a~-~s~aRee-b~s~e~s-~-~e-s~a~er-~e-~a~-
~a~e-bee~-app~e~e~-b~-~e-e~-a~eE~e~7 having a
policyholders rating of A-IX or better as listed in
Best's Key Rating Guide by the tems of which such
insurance company assumes responsibility for injuries to
persons or property caus~ by the operation of such
vehicle in the following amounts:
A. ~y One hundred thousand dollars property damage.
B. ~e ~o hundred fifty thousand dollars for death or
injuries to any one person in any one accident;
C. Five hundred thousand dollars for death or injuries
to two or more persons in any one accident.
No ~licy of insurance issued by any mutual
assessment or reciprocal company as defined by the
Insurance C~e of the state shall be accepted by the
city.
-1-
Sec. 5.15.040 Application for license.
All persons applying to the city for the operation of
one or more autombiles for hire shall file with the
eb~e~-e~-~ee Director of Public Safety a sworn
application therefor on forms provided by the e~e~-e~
i~e~ee Director of Public Safety stating as follows:
A. The name and address of the owner or person
applying;
B. The number of vehicles actually owned and the number
of vehicles actually operated by such on the date of
application, if any;
C. The number of vehicles for which a license is
desired;
D. The intended make, type, year of manufacture and
passenger-seating capacity of each automobile for
hire for which application is made;
E. Such other information as the e~e~ o~-l~e~ee
Director of Public Safety may in his discretion
require.
Sec. 5.15.050 Rates of fare.
A. Posting of Fare Schedule. Every owner of any
automobile for hire operating in the city shall file
or cause to be filed with the e~)-e~erJ~ Director of
Public Safety of the city a true and correct
statement of the rates to be charged for the
transportation of passengers in any and all
automobiles for hire operated by the owner.
B. Identification Cards. There shall be displayed in
the passenger compartment of each automobile for
hire in full view of the passengers a card not less
than four inches by six inches in size, which shall
have plainly printed thereon the name of the owner,
or the fictitious name under which the owner
operates, the business address and telephone number
of the owner, and a correct schedule of the rates to
be charged for conveyance in the vehicle.
Sec. 5.15.060 Information Cards - Display Required
- Where.
Each automobile for hire licensed to operate in this
city shall have located in a convenient place in the
driver's compartment and in view of the passenger therein
two containers of type and design approved by the e~i~
~-~ee Director of Public Safety. Such containers
shall contain cards provided by the
Director of Public Safety bearing the following
information:
A. One such container shall have a card therein bearing:
1. The permit number issued for each individual
automobile for hire licensed to operate in the
city;
2. The name of the company to whom it is issued;
3. The date of issuance;
4. The state license plate number and engine number
of the automobile for hire displaying same.
B. One such container shall have a card therein bearing
1. The name and residence address of such driver;
2. The name of the company employing such driver;
3. A small photograph of such driver.
Sec. 5.15.070 Maintenance.
The e~i~f~f--p(~i~Director of Public Safety of the
city shall have the right, at any time after displaying
proper identification, to enter into or upon any certifi-
cated automobile for hire for the purpose of ascertaining
whether or not any of the provisions of this chapter are
being violated. Any automobile for hire which is found,
after such inspection, to be unsafe or in any way
unsuitable for automobile for hire service, may be
immediately ordered out of service, and before again
being placed in service shall be placed in a safe
condition. For the purposes of this section, no
automobile shall be considered safe, adequate or
mechanically sound which is older than ten years,
counting the year of chassis manufacture as the first
year.
-3-
Sec. 5.15.090 Drivers - Licenses.
A. It is unlawful for any person to drive or operate any
automobile for hire without such person first obtain-
ing a permit in writing to do so from the e~e~ e~
pe½&ee Director of Public Safety.
B. It is unlawful for any person to employ as a driver
or operator of any automobile for hire without such
person first obtaining a permit in writing to do so
from the e~e~ e~ pe½½ee Director of Public Safety of
the city.
C. ~hc ~crm~{-e~a~½-~e-~c~-~i-tJrf{~e
ac ~ar{-of-~e-app~ie~ie~yr--14~-aeeem~ae~ed
4yy-~-~cc of-~&~ee~-e]~t~}~s~ The application for a
permit shall be accompanied by a fee as set forth in
the Master Fee Schedule.
D. No permit shall be issued to any of the following
persons:
1. Any person under the age of eighteen years;
2. Any person who has been convicted of either
driving a vehicle upon the highway while under
the influence of an intoxicating liquor or under
the influence of narcotics, or reckless driving,
unless two years have elapsed since his discharge
from a penal institution or after having been
placed upon probation during which period of time
his record is good.
E. The eh~e~ e~ pe½~ee Director of Public Safety may
revoke or refuse to renew an operator's license if
the driver or applicant has, since the granting of
his permit:
1. Been convicted of a felony;
2. Had his state driver's license revoked or
suspended;
3. Been convicted of driving while under the
influence of intoxicating liquors;
4. Been convicted of driving while under the
influence of narcotics;
-4-
5. During any continuous six-month period had three
or more convictions of any of the offenses set
forth in Sections ~½8~ 23152, 23103, 23104,
~8§~ 22350, 22351 and/or 22352 of the Vehicle
Code of the state, and amendments thereto, or any
combination of either or any of said offenses;
6. When for any reason, including, or other than,
those set forth in this section, in the opinion
of the e~e~ e~ ~e½~ee Director of Public Safety,
the applicant is unfit to drive an automobile for
hire.
F. Any person whose operator's permit has been denied,
revoked, or renewal refused by the eh~e~ e~ ~e½~ee
Director of Public Safety may within ten days after
receipt of notice thereof appeal to the council for a
hearing thereon, which hearing shall be granted. The
decision of the council in this regard shall be
final. If no appeal is taken within ten days, the
action of the eh~e~ e~ ~e½~ee Director of Public
Safety shall be final.
SECTION II: That Chapter 5.54 of the Chula Vista
Municipal Code be, and the same is hereby amended to read as
follows:
CHAPTER 5.54 TAXICABS
Sec. 5.54.010 Purpose -Intent.
The purpose of this chapter is to regulate taxicab
operators in the city 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 shall have paid the license tax and administrative
fee provided in ~s-e~e~e~ the Master Fee Schedule and
meet all requirements for said operation as set forth in
this chapter.
It is the intent of the city to prohibit the transfer
of a certificate by an approved operator. It shall be
required that any such operator surrender his certificate
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
e the certified operator.
-5-
Sec. 5.54.020 Certificate - License required.
No person shall engage in the business of operating
any taxicab or taxicabs within the city without first
having obtained a certificate to operate from the eee~e~
Director of Public Safety. All vehicles shall meet the
standards and qualifications for vehicles and drivers as
provided by this chapter and the full license tax and
administrative fee must be paid regardless of the
duration of the time said taxicabs are assigned to
operations within the city. Should reports be received
that said procedure is being violated, the operator's
certification may be suspended or revoked.
Every person conducting, managing or operating a
business in which taxicabs e~-~e~-~e-ve~e~ee are used
shall pay ene-~en~ee~-~e~a~s-~e~-yea~-~e~-~e-epe~a~en
e~-ea~e}-bee~ee~-as~-a~-a~m~n~e~ea~-~ee-e~-~ee
~e~a~e-pe~-yea~ an annual fee as set forth in the Master
Fee Schedule for each vehicle ewHe~ to be operated in
Chula Vista 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
ei~y eeea~A~ Director of Public Safety to operate a
taxicab or taxicabs in the city and who has been
issued a certificate for the operation of such
vehicles.
B. "Driver" means 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 direction of the owner.
Gv--~gw~e~-mca~s-e~F/~-~e~senr-~-e~-ee~ee~a~en
ha~ne~-ese
ae~omcb~e-e~-MtoM-prcpc~-wb~e~er-w~e~he~-as
ewne~r-~ess~
C. "Person" means any individual, partnership,
association, corporation or other organization
owning, operating or proposing to operate any taxicab
or taxicabs within the city.
-6-
D. "Street" means any place commonly used for the
purpose of public travel.
E. "Taxicab" means 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 transportation 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.
F. "Taximeter" means and includes any mechanical
instrument, 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.
Sec. 5.54,040 Certificate - Application - Contents.
All personSapplying to t~0 ~ounoil for a certificate
for the operation of one or more taxicabs shall file with
the eouRci~ Director of Public Safety a sworn application
therefor on forms provided ~t-ht*-~E~_~ler_~ stating as
follows:
A. The name and address of the owner o~ and person
applying.
B. The number of vehicles
the applicant wishes to be certified to operate in
Chula Vista;
C. The intended make, type, year and passenger seating
capacity of each taxicab to be operated in Chula
Vista;
D. The make and type of taximeter intended to be
installed in each taxicab to be operated in Chula
Vista;
-7-
E. A description of the proposed color scheme, insignia,
trade style and/or any other distinguishing
characteristics of the proposed taxicab design;
F. Such other information as the eounti~ Director of
Public Safety may in ~s his discretion require.
Sec. 5.54.050 Certificate - Application -
Investigation Required.
Before any application is acted upon, the eity
~eaie~ Director of Public Safety shall cause an
investigation to be made ~y-~e-~e~a~e
~ea~-~m~-e~-~epeP~-~-~F~ye-i4~-w~-~e-~e
ee~e~-b&sed-~pe~ of:
At ~e-~aee~a~-~ee~e~b~-a~-e~e~ee-e~-~e
A. 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 de~sit with the
city a certification showing that an annual inspec-
tion has been made by an acceptable gover~ent agency
or an inspection station licensed under Section
9887.1 of the Business and Professional C~e of the
state. Failure to satisfy said inspection
requir~ents may result in the sus~nsion of the
certificate for said vehicle until necessary
corrections have been made. Said insection 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.
B. Applicant shall agree that he shall be the owner of
said vehicles and shall maintain said vehicles in a
clean and sanita~ condition at all times. If any of
said vehicles are leased to operators by the holder
of the certificate, the holder of the certificate
shall i~diately provide the e~-e~e~ Director of
Public Safety with a copy of said lease; or n~es of
lessees holding leases in a fo~ previously
submitted and on file; provided, however, that such
lease arrangement shall not relieve the certificate
holder of any res~nsibilities and obligations for
the safe maintenance and cleanliness of the vehicle
which has been leas~.
-8-
Sec. 5.54.060 Certificates issued by eOU~TCi~
Director of Public Safety
The e]~feu~4-} Director of Public Safety shall grant
a certificate to those persons applying therefor who, in
~:~s his opinion, are fully qualified in accordance with
the requirements of this chapter. No certificate shall
be issued to any person who has not fully complied with
all of the requirements of this chapter necessary to be
complied with before the commencement of the operate of
proposed service.
With each certificate ~ eouneil issueed the
cae~a~ Director of Public Safety 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 ~ to be
operated in Chula Vista. The medallion shall be~d 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 e~y-e}eT~
Director of Public Safety.
Sec. 5.54. 070 Certificate for existing licensed
tax i cabs.
The provisions of this chapter shall ~e~ a~ee~-ta~e
m~m~--crf- L~ic~b~-olc~e~f~r~'~ffh"~l~fcT'~F~ts on the
me~~~-t~e-OrS~n~C~~~,-~n
o~~~~{~c~ve-date-o~-~ ~ix~
coeb~~~~ be effective iEediately for new
operators and on January 1, 1983 for existing operators.
Sec. 5.54.080 Certificate - Cancellation as certified
operator.
After the service for which a certificate is granted
in this chapter is discontinued, or if the certified
person sells or discontinues his or its business, except
as provided in this chapter, the certificate granted
under this chapter shall be automatically cancelled and
shall be reissued only in accordance 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 e~t~
c~)~a~-i½ Director of Public Safety; provided, however,
that where a certificate is 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 neces-
sarily 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 ei~-~o~c±~
Director of Public Safety. The application for 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 in this
chapter, the e~ty-ma~a~Fe~ Director of Public Safety shall
cause an investigation to be made. No-~r~n~er-sb~-~e
~ed-~Y-~he-~t-y-~Dt~-i-l-~iL~ruu~i-he-recommendat~orr-~
{~c e-i~y-maneqe~-i~r-w~fting~
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 e~t!r
c-ler~ Director of Public Safety a ~ certificate of
insurance executed and delivered by a company authorized
to carry on an insurance business in the state, ~he
{-i~an~a~-respo~i~ft~rf-~Fn-i~Fn-~3Dmtyany-sha~-t~ere~co-
{ore-~eve-bee~-aPPfove~b~-t-be-~ri%-y-attorney, which
company shall have a policyholders rating of A-IX or
better as listed in Best's Key Rating Guxde, 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~ The
certificate shall show insurance in the following
amounts:
A. ~ifty One hundred thousand dollars primary coverage
for property damage per occurrence; e~e two hundred
fifty thousand dollars primary coverage o~ bodily
injury or death to any one person in any one
accident, and ~r~e five hundred thousand dollars per
occurrence for primary coverage for bodily injury or
death in a combined single limit policy;
-10-
B. In lieu of said insurance coverage, a certified
operator may provide proof of self-insurance under
existing state regulations adequate to meet the
limitations set forth in this chapter.
C. The certificate shall be on a standard "acord" form
and shall provide for automatic ten day written
notification by the insurance company to the city as
a certificate holder of any insurance policy
cance~ation or changes in coverage.
D. The insurance coverage must be one of two types:
1. A one-year policy (although the policy could have
payments made on a less than annual basis), or
2. If other than a one-year policy, the insurance
company must provide the city with ten-day
written notice of any nonrenewal of policy.
Sec. 5.54.100 Fare rates.
From and after May 6, 1980, upon which date the city
council concluded a public hearing, and established
maximum rates of fare for the hire of taxicabs within the
city, the following rules shall apply for the
establishment of rates of fare:
A. Each certified operator shall file with
Director of Public Safety the rate of fare that said
operator shall charge for taxicab service. 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
passengers.
B. If a certified operator desires to change the rate of
fare on file in the office of the 6~i{y-~-~te~ Director
of Public Safety, said operator shall file with the
e-i{~-~-te~ Director of Public Safety the new rates,
reset the meter, and post the revised rates on each
side of the taxicab as provided in this section.
C. It is unlawful for a certified operator to operate
any taxicab in the city 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
any peace officer, and such ~n~c~t~Ff-e~ peace
officer is authorized at his instance of upon
complaint of any person to investigate or cause to be
investigated 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 until the taximeter has been correctly
adjusted and sealed before being returned to service.
D. It is 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 not
employed, or to have the flag or other attached
device in such a position as to prevent the taximeter
from operating, and it is 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.
E. The taximeter shall be so placed in the taxicab that
the reading dial showing the amount of fare to be be
charged shall be well lighted and readily discernible
by the passenger riding in such taxicab.
-12-
F. It is 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 e~
{~1~ Director of Public Safety.
G. There shall be displayed in the passenger compartment
of each taxicab, well lighted and readily discernible
by the passenger, in a container of type and design
approved by the e~i~-~f--pe-14{-e Director of Public
Safety, a card showing the operator's rates to be
charged for hire of the vehicle.
Sec. 5.54.110 Certificate - Cancelled when.
After the service for which a certificate is granted
under this chapter is discontinued, or if the person
sells or discontinues his or its business, the
certificate granted under this chapter shall be
automatically cancelled and shall be reissued only in
accordance with the provisions of this chapter.
Sec. 5.54.120 Certificate - Grounds for suspension
or revocation.
Certificates may be suspended or revoked by the
eeea~4½ Director of Public Safety at ~y-t~ime-i~-ea~e
where:
~ae-ee~e~-~-t~o~gw~.crJ~-tDa~-~eee~-~e-~e
~sa~s~ae~e~y~
A. The owner fails to operate the taxicab or taxicabs in
accordance with the provisions of this chapter;
~ ~e-ew~e~-eeaGc~-~at~ey-~e~ea~-~o~-a-~
eHe&~
B. The taxicab or taxicabs are operated at a rate of
fare other than that eppEo~d by-~M~
the ~ouncil; which said certified operator shall have
on file with the Director of Public Safety; and
-13-
The city council may suspend or revoke a certificate
where it finds the owner's past record involved violations
of City, State or Federal law or endangered the public
safety.
Sec. 5.54.130 Certificate - To be surrendered when.
Certificates which shall have been suspended or
revoked by the eou~e~½ Director of Public Safety, shall
forthwith be surrendered to el~er~t-~e~~uci~ the
Director of Public Safety and the operation of any
taxicab or taxicabs covered by such certificates shall
cease. Any owner who shall permanently retire any taxi-
cab or taxicabs from taxicab service and not replace same
within thirty days thereof shall immediately surrender
any certificate or certificates granted for the operation
of such taxicab or taxicabs to the euun~i½ Director of
Public Safety, and such owner may not secure additional
certificates for the operation of any taxicab or taxicabs
without having first made application therefor, in the
manner provided in this chapter.
Sec. 5.54.140 Route required.
Any driver employed to transport passengers to a
definite point shall take the most direct route possible
that will carry the passenger to his destination safely
and expeditiously.
Sec. 5.54,150 Receipts for passengers.
Every driver shall give a correct receipt upon payment
of the correct fare.
Sec. 5.54.160 Fare - Nonpayment deemed m~demeanor
Infraction.- when.
It is unlawful for any person to refuse to pay the
lawful fare of any of the vehicles regulated by this
chapter, after employing or hiring the same, and any
person who shall hire such vehicle with intent to defraud
the person from whom it is hired shall be guilty of a
mi~dem~o~ an infraction.
-14-
Sec. 5.54.170 Soliciting for patronage prohibited when.
No driver of any taxicab shall seek employment by
repeatedly and persistently driving his vehicle to and
fro in a short space in front of, or by otherwise
interfering with the proper and orderly access to, or
egress from, any theater, hall, hotel, public resort,
railway or ferry station, or other place of public
gathering; or, by leaving his vehicle, or otherwise
approach and solicit patronage by pedestrians upon the
sidewalk, in any theater, hall, hotel, public resort,
railway or ferry station, or street railway loading
point; but such driver may solicit employment by driving
through any public street or place without stops, other
than those due to obstruction of traffic, and at such
speed as not to interfere with or impede traffic. No
person shall solicit passengers for such vehicles except
the driver thereof when sitting upon the driver's seat of
his vehicle.
Sec. 5.54.180 Exceeding rated seating capacity
prohibited.
No driver of any taxicab shall accept, take into his
vehicle or transport any larger number of passengers than
the rated seating capacity of his vehicle.
Sec. 5.54.190 Parking prohibited where-Exceptions.
It is unlawful for the owner, driver or operator of
any taxicab to allow such taxicab to remain parked in the
central traffic district except in a regularly
established taxicab stand; provided, however, that
taxicabs may park in any available parking space when
actually engaged in loading or unloading passengers; and
provided further, that between the hours of ten p.m. and
six a.m. of the following day, taxicabs may stop, stand
or park in any place where the parking of vehicles is
otherwise permitted.
Sec. 5.54.200 Obedience to orders of police and
firemen required.
The driver of any of the vehicles regulated by this
chapter shall promptly obey all orders or instructions of
any police officer or fireman.
-15-
Sec. 5.54.210 Drivers' permits required.
It is unlawful for any person to drive or operate any
of the vehicles mentioned in Section 5.54.020 without
first obtaining a taxicab driver's identification card
issued by the sheriff of the county of San Diego.
Sec. 5.54.220 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".
Sec. 5.54.230 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.
Sec. 5.54.240 Taxicab stands - Hours of operation.
Taxicab stands established hereunder shall be in
operation twenty-four hours of every day.
Sec. 5.54.250 Certificate - Number to be displayed
on vehicle.
Each taxicab shall bear, at such places on the outside
of such vehicle as shall be prescribed by the ~D~'
pe~ee Director of Public Safety, the number of the
certificate granted for its operation and such
designation shall be of the type and design as shall be
prescribed by the e~-ie~-o~-lDo~ce Director of Public
Safety.
Sec. 5.54.260 Color scheme restrictions.
All taxicabs must be and conform to a color scheme
approved by the eh-i~-~f-Df-po~ice Director of Public
Safety, e~dL-t.h~-~Du~i~ who may refuse a certificate to
every person whose color scheme, trade name or insignia
imitates that of any permittee in such manner as to
deceive the public.
Sec 5.54.290 Appeals to City Council.
Any actions taken by the Director of Public Safety
under this chapter are appealable to the city council.
Such appeals shall be filed with the city clerk within
ten days of the action of the Director of Public Safety.
SECTION III: That Sections 5.58.030, 5.58.040, 5.58.050,
5.58.070, 5.58.080 and 5.58.090 of Chapter 5.58 of the Chula
Vista Municipal Code be, and the same are hereby amended to read
as follows:
CHAPTER 5.58 TOW TRUCKS
Sec. 5.58.030 Regulations generally - Liability
for damages.
The City Council shall, from time to time, by resolu-
tion, adopt policies for the selection and designation of
tow car or tow truck services which shall be permitted to
engage in emergency police towing upon notification of
the need for such services by the police department. Any
and all tow car or tow truck operators not so selected
and designated pursuant to the policy of the city council
are hereby prohibited from removing from the public
streets and towing away any vehicles involved in the
situations as set forth in Section 5.58.0a10; provided
however, that the owner of the vehicle so involved may
designate any towing service to be used for the removal
and towing away of such vehicle. The police department
shall strictly adhere to the policies adopted by the city
council and any administrative regulations instituted to
efficiently carry out said policies. However, in the
event that a towing service is contacted by the police
department to perform said services, and performs said
services in a manner not in accordance with the policies
as established, the police department is held harmless
from any and all liability or damages arising thereform
and shall not be accountable for, nor investigate,
complaints of negligence and deviations from the policies
unless the deviations are shown to be of a repeated and
frequently recurring nature, and any complaints received
from the tow car or tow truck services selected and
designated to carry out such police towing operations and
any complaints received concerning the quality and
standards of service performed by said operators shall be
deemed sufficient cause for cancellation and termination
of any contract or operating agreement entered into for
the performance of such service.
Sec. 5.58.040 Licenses required - Procedure.
Any owner or operator of any private tow car or tow
truck service shall be required to obtain a special
license under the provisions of this section in addition
to the normal business license. Such license shall be
issued upon application to the e~e~-e~-EK}biee Director
of Public Safety and shall be subject to his approval.
The eh~_L~u[__~ Director of Public Safety, or other
properly designated officer, shall make an investigation
of the applicant's background and business propriety and
shall require the applicant, and upon the discretion of
the e~ie~-~o~-~police Director of Public Safety, the
employees, to furnish fingerprints photographs.
Sec. 5.58.050 Grounds for denial of license - Appeal
- Public Hearing.
In the event that the findings of the investigation by
the e~i~f-~pe-14~e Director of Public Safety indicate
that the applicant's practice of doing business within
the city will endanger the public health, safety or
morals of the community, he may refuse to issue the
appropriate license. Such refusal shall be appealable to
the city council, and after a public hearing on the
matter, the decision of the city council shall be final.
Sec. 5.58.070 Insurance required.
All applicants e]eee~be~-~-tuae-~er-eeyo4~n~j-~aee~4~n~
~~ for a tow truck license shall be required to
file with the Director of Public Safety a policy of
insurance executed and delivered by a company authorized
to carry on an insurance business in the state and having
a policyholders rating of A-IX or better as listed in the
g o ng ~ounts:
-19-
Sec. 5.54.270 Information cards - Display required
where - Contents.
Each taxicab licensed to operate in this city shall
have located in a convenient place in the driver's
compartment and in view of the passenger thereto two
containers of type and design approved by the
~i~e Director of Public Safety. Such containers shall
contain cards provided by the e~i~--p~rl~e Director of
Public Safety bearing the following information:
A. One such container shall have a card therein bearing:
1. The permit number issued for each individual
taxicab licensed to operate in the city;
2. The name of the company to whom it is issued;
3. The date of issuance.
4. The state license plate number and engine number
of the taxicab displaying same.
B. One such container shall have a card therein bearing:
1. The number of the city chauffeur's license of the
driver thereof;
2. The name and residence address of such driver;
3. The name of the company employing such driver;
4. A small photograph of such driver.
Sec. 5.54.280 Violation - Penalty.
Any person violating any of the provisions of this
chapter shall be deemed guilty of a ~ci~eme~o~ an
infraction, and upon conviction thereof, shall be
punished by forfeiture of his permit, and by a fine
~r~ame~ as provided by this code.
For the purpose of this chapter it shall be considered
that each day during which any provision of this chapter
is violated shall constitute a separate and distinct
offense.
A. One hundred thousand dollars property damage.
B. Two hundred and fifty thousand dollars for death or
injuries to any one person in any one occurrence.
C. Five hundred thousand dollars for death or injuries
to two or more persons in any one accident.
Sec. 5.58.080 Bond required.
Prior to granting a license to operate a tow car or
tow truck, the applicant shall be required to furnish to
the e~i~f-e~-~e~ee Director of Public Safety a bond in
the sum of five thousand dollars . The form of the bond
shall be approved by the city attorney. Said bond shall
be acknowledged by the applicant as principal and by a
corporation licensed by the Insurance Commission of the
state to transact the business of a fidelity and surety
insurance company in the state, as a surety; the
condition of said bond shall be that any person injured
by any action of the applicant, or employee, which
results in damage to or loss of his vehicle, loss or
injury to contents, or other injuries not covered by the
applicant's insurance while towing, removing or storage
of said unauthorized parked vehicle.
Sec. 5.58.090 License suspension - Notice
required - Appeal - Public hearing.
In the event that a licensee under this section shall
violate or cause or permit to be violated any of the
provisions of this chapter, the e~i~f-~f-10o~e Director
of Public Safety may suspend such license and shall
notify the licensee of such suspension by written notice
stating the cause and reason for such suspension. Appeal
may be made by the applicant to the city council, and the
decisions by the council, after a public hearing, shall
be final.
SECTION IV: This ordinance shall take effect and be in
full force on the thirty-first from and after its adoption.
Presented by Approved as to form by
Lane F. Cole, City George D. Lindberg, City
Manager Attorney
FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE
C, { OF CHULA VISTA, CALIFORNIA· HELD September 7 , 19 82 · AND
FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD September 14
19 82 · BY THE FOLLOWING VOTEJ TO-WIT=
AYES: Councilmen: Scott, Cox, Malcolm, McCandliss
NAYES: Councilmen: None
ABSTAIN: Councilmen: None
ABSENT: Councilmen: Moore
Mayor~ityo~feChula~Vista
ATTEST
, C Clerk ~ '
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) s s.
CITY OF CHULA VISTA )
I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California,
DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of
ORDINANCE NO, 2003 ,and that the some has not been amended or repealed.
DATED
(seal) City Clerk
CC-G60
ORDINANCE 2003
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTERS 5.15, 5.54 AND 5.58 OF THE CHULA VISTA
MUNICIPAL CODE PERTAINING TO AUTOMOBILES FOR HIRE,
TAXICABS AND TOW TRUCKS RESPECTIVELY
By a unanimous vote of those present (Councilman
Moore was absent), the City Council placed the
ordinance on second reading and adoption at the
meeting of September 14, 1982.
Specifically, the amendment to the Code transfers
the overall Frocessing responsibility for taxicabs
from the City Clerk to the P~lice Department;
authorizes the Director of Public Safety to grant
the taxicab certificates; and increases the amount
of public liability insurance requirements. The
changes in the Automobiles for Hire and Tow Trucks
chapters are minor technicalities except for the
increased public liability insurance requirements.
Copies of the ordinance are available at the office
of the City Clerk, City Hall, 276 Fourth Avenue,
Chula Vista, CA.
Dated: 9/22/82