HomeMy WebLinkAbout2144
.,
.
.
~ ..
ORDINANCE No.;'F/~
AN ORDINANCE AMENDING ORDINANCE NO. 1987 WHICH REGULATES
THE OPERATION OF TAXICABS, AMBULANCES AND tow TRUCKS.
mE MAYOR AND COMMON COUNCIL OP TI1E CIlY OF SAN BERNARDINO
00 ORDAIN AS FOLLOWS:
SECTION ONE: That Ordinance No. 1987, Section. One. of the
City of San Bernardino is hereby amendedto read as follows:
SECTION ONE:
(a) DEFINITIONS. For the purpose of this ordinance the
following terlJl:s shall be deeJ~:d and construed. to have the meanings
respectively a,s~ribed to them in this section, unless from the
particular cPnte;x~ it.~ie<lfly appears that. some other meaning is
intended:
.
1. "Cit'y" II(~flI'l.S the .City of San Bernardino, California.
2. uBureau" means tQeBureau of Franchises of the City of
San Bernardino.
3. "Carrier" means and includes every person, firm. cor-
poration, partnership, joint venture or other form of business
organization engaged in operating, or causing to be operated, any
vehicle required by the provisions of this Ordinance of the City
of San Bernardino,a$ amended, to be covered bya permit.
4. "Taxicab" means and includes every vehicle used for tl1e. .
public transportation of passengers over the str.e.ets of the City
of San Bernardino, but not over defined routes, irrespective of
whetbet such operations extend beyond the City, whether or not
compensation is paid for sucb transportation, and whetber or not
the cbarge to patrons is determined ~dindicated by the mechanical
calculation of a taximeter as defined herein.
5. "Char ter Vehic1e"means and includes every vehicle otber
than taxicabs and sig.ht..seeing vehicles used for the publictr;l.ns...
30 porhtion of passengers for compensation over the streets of the
31 City, .11ot over defined routes, to a destination and/or over a
32 route, or routes, designated by. the birer tbereof when tl1e point
"""l'i'"i
.
,.~, ...
.
1 of origin shall be within this City.
2 6. "Sightseeing Vehicle" means and includes every vehicle
3 other than taxicabs and charter vehicles used for the transIJorta-
4 'tion of passengers for compensation over the streets of the City,
5 whether or not over defined routes, for sight-seeing purposes or
6 showing points of interest when the route shall be designated by
7 the carrier and when the point of origin shall be within this
8 City.
9
7. "Compensation" as used in this ordinance means and
10 includes any money, thing of value, payment, consider ation, reward,
11 tip, donation, gratuity or profit paid
, accepted or received
12 for transportation of a person or persons or for'servicesren-
13 dered,whether paid upon solicit;1tion, demand or contract, or vol-
14 untarily, or intended as a gratu,ity or donation. .
15
8. "Advertise" means to give public notice either by
16 publication in a newspaper, or by means of handbills, placard$, or
17 other written PUblicn?"q:oe or call to the public attention by
18 any ,means whatsoever'. ',''''
19
20
21
22
23
24
9, "Taximet:\;r" '~ahS' a':ll).echanical ;instrument or device by,
which the ~haige for hire of
i:" . ""'_ ,-',_ i_"_,::'.::'''''
culated, either.for 9istahc'e
a ta~icab is mechanically cal-
, ~ ,'"
trav~led, or f, or waiting time, or
.'
'>,c"
both, and ul'!:>P ~iCh. s'!1ch'charge" is plainly
of figures,' inqicat~n'g,do'J..\~s. and cents.
registeXedby meanS
",,'
10. "Taxistand" means a place on a pUblic street desig..,.
25 na ted by the Bur eau for uie use, while awaiting employment, of
26 a vehicle covered by this ordinance.
27
11. "Driver" means and includes every person driving,
,28 operating, or in charge oLanyvehicle as defined by this ordinance.
29
12. ''Dr i vel,' ' s Permit" me;1ns the permi t issued by the Chief
30 of Police to any person operating or driving any vehicle as de-
31 fined by this ordinance.
32
13. "Tempe>rary Driver t s Permit" means a permit issued
-2-
.
.
1 by the Chief of Police to any person to temporarily operate or
2 drive any vehicle as defined by this ordinance.
3
14., "Person"means and includes persons, firms, corpor-
4 ations, associations, syndicates, joint ventures, joint stock
5 companies, partnerships, and 'any other form of business organi-
6 zation.
7 . 15. "Street" means and includes every public street, road,
8alli::y, place, way, or highway in the City of San Bernardino.
9
16. "Ambulance" means any motor vehicle used to transport,
10 iIlove or convey a sick, injured or dead person, but does not in-
11 clude a funeral coach.
12
17. "Towing Vehicle" means any vehicle equipped or adapted
13 for towing service or otherwise removing disabled mot,or vehicles,
14 from one place to another. '
15
18. ,Words used in this ordinance in the present tense in-
;'~
16 clude the future; words used ,in the masculine gender include the
17 feminine and neuter; and the singular number inclUdes the plural,
18 and the plur aI, the singular.
19
(b) EXCLUSIONS AND EXCEPTIONS. The definitions set forth
20 in Section One, ,sub-section (a), shall not be deemed to include
21 towing carr ier.s engaged in towing. services other than those tow-
22 ing services furnished in response to police 'call'5.
23
SECTION TWO: That Ordinance No. 1987, Section Two, of the
24 City of San Bernardino is hereby amended to read as follows:
25
SECTION TWO: PERMIT REQUIRED. No person shall drive, oper-
26 ate or cause to be operated, nor shall any person employ, permit
2'7 or allow another to drive, operate or cause to be operated, any
28 taxi, charter vehi~i.e;. s~ghtseeing vehicle, ambulance, or towing
, ,
29 vehicle over any stte'e-tof this' City regardless Of whether such
30 operation extends bey~rid t,hf;lb9unctary limits of the City, nor
'31 shall any per.~.on' advertise fof) ~olicit, induce, persuade,. invite,
. 32 or procure SUChttaniP()d~flolof'ipassengers, or sick or injured
." ,
,-3-
.
.
1 persons or towing of vehicles without a permit first having been
2 obtained from the Bureau except:
:3
(a) A vehicle which is lawfully t;r:ansparting a passenger
4 ar sick, injured ar dead persan, ar tawing a vehicle fram a paint
5 . aut side the City to. a destinatian within this City, arert rQ.1,Ite
6 to. a destinatian autside this City; pravidedthat no. s~ch vehicle
7 shall solicit, ar accept a passenger, sick, inj\Ired o.r dead per...
. 8 san ar tawingaf a vehicle fram within this Ci tyfar transparta_
9 tian to. any destination whatsoever with9ut such permit.
10
11
12
13
(b) Avehic1e being 9perated pursuant to a franchise
issued by the autharity af the State Public Utilities Call1lllissian
ar Interstate COIlllllerce Cammission.
,
(c) A vehicie heingaperated for the purpaseaftranspart-
14 ing bana fi,Ie pupils atten<iing an institutian af lelirning between
15 their hames and such institution.
16 (d) . A vehicle being aperatM under whatdis call1lllanlyre..
17. ferred to. as a "S!1a;r:e-the-ride" plan, ar arrangement, as where
18 apersan en raute fram his place of residencetb his place af
19 business, ar vic,e versa, transparts anather person living and,
2.0 warking in the same' general vicinity upan payment af a sum esti.,.
21 mated to. caver the actual ar appraximate cast af operation of
22 the vehicle.
23
(e) Vehicles rented ar leased far self-oper!itiQn by a
24 . per san using such vehicle under a plan callUJ1anly known as "U-Urivei.
. 25 but l1at ,;.hen transparting other per sans far compensatian.
26
(f) Any ambulanq.t(Qf.'iinbuiances maintained. awnM ar
27 aperatedbyany firm, c()r.)?e>:r Mian, ca~partner sl1ipor individual
28 . engaged In any business ather, th,aJ]. the ambulance business in this
;,;
29 City , which said '~!Ilb1ilance ar ambd):ancesshall be maintaiIled,
30 owned araperat~d \tx:<clusi1l~JY";Qr\piim;Fily far the tise and benefit
~, . , ~
31 9fmembers, afHFers" il:gehts., "serhnt.sor emplayees of stith' firm,
"
"'.. ,
32 carparation, ca...p,4;t;tr~fP'IJ~J{ ar indlyidual.
"'-'/'
-4..
7
8
9
10
11
12
~
.
.
1
(g) A towing vehicle being aperated jn response to calls
2 other than police calls.
:3
SECTION THREE: That Or.dinance NO'. 1987 af the City af San
. .,:.,-
4 BernardinO' is hereby amended by adding thereto a new sect~on
5 enti tled Sectian sf, reading I],SA9;I)..ows:
6 SECTION sf: After the effecti",{'i date af this Ordinance
.,
. .
all taxicabs. eicePt}hoSe naw being operated under existing
carrier's permits shall be. awned pythe carrier to whom a permit
. -. .. {
to apera~e such faxica~ ,hast>een ,issued and no permit shall,
',>
be granted' to any carrier for any taxicaJ;> unless such taxicab
is owned by such carrier.
SECTION FOUR: That Ordinance Na.1987 of the City af Sail
13 BernardinO' is hereby furthera'l1emled by deletingSectian Fifteen
14 therefram.
15
16
17
18
19
20
21
22
25
24
25 .
26
27.
28
29
30
3],
32
SECTION FIVE: It is hereby found, determined and declared
that this ardinance is urgently required far the immediate pre-
sexvatian af the public. peac€,heal1:hancl safety because. at' this
time there are vehiCles beingaperated aver the streets af this
City. which are Used. for the.transpartatian af. the public for
which nO'. fee Orcompensat.ian is charged and suchvehicle.s ar~,
therefare, nat SUbject to' the. regulatiansset farthinOrdinance
NO'. 198,7. This lack of regulation is detrimental to' t.he public
Pe;l.ce, health anctsafety sintetheCity has nO' way af (a) regu~
lating artantralling the drivers af Such vehicles., (b) pratect-
ing the publicframthe aperatian of unsafe veli.icle~, or (c) com-
pelling the operatars .ofthese vehicles to' carry publ,it liability
. .
insuranc,eto pratect.'either the passengers transparted therein
ar th.egeneral, publ,ic...
I, HEREBY CERTIFY that the far egoing ar dinancewas duly
adapte(ll}ythe Mayarand Cornman Ca\lncil of the City af San Ber-
nardin~~t a/U9J.d;~.i/m~eting tl1erecf held on the' /y.~vt
day. af .~~?->"'?c~. t. +~~6 t by 'the follawin~ vote, to wi H'
_s...
...;:
.. '. ....
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
.
.
~/7 ' ~',L ,,' , 'A/ J c~" '14'
..' . .' ---/, ..../.. - ~.' --- . . "...
AYES:':''61<L'LGelC~;N'-d/ ,/ ,,!/, ' l/'L' /,h,~' ''Z, /" ~',{L~"u.V
//'"/'~" /, ./
(, 1/
NOES: /Z~,' ''7~
, ABSENT: /Z~c-
, j",c,,",/" , -"-, , '
.fl ,/) " "
'- VI t ./177 ,;t;--
C~ty Clerk'
\.-'
,;1/" " ThefOre,gO,~,,'ng ordinance h CJ
~ is ereby approved,th /~77
is' G'fi'- day
of ( 4.....&?<Ic{,Yv. 1956.
rnard~no
Approved as to form:
.~. ~'!
FI LED
// ///;, , , "
/ " '7;/~, ?,v /:';;.'-,.( !;,i; ';:'::,~
/e:I / ....v ' /P" l . V'~'." ~ ., Ci.-/ ~L~'" ~'/
c~ ty, Attorney'
r,"'" C) ., 'Cl5-
l~0v ~,I b Q.
\;,~-
" /
.._.~~,~."
JACK T. FELTON, City Clerk
Y' ,? '
., . L./,,"-- ,...['7-
. .,. . :"C
BY,.....C,..."-J;"'~,,'it.-r:.t:~.."'........~
,','
,
;'~ i
"
.
...
,:;, .(
.
w6-