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HomeMy WebLinkAbout2979ORDINANCE NO. 2979 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE N0. 1987 KNOWN AS THE "TAXICAB ORDINANCE"; PROVIDING FOR THE FRANCHISING OF WHEELCHAIR PASSENGER TRANSPORTATION VEHICLES; ESTABLISH- ING RATES FOR PASSENGERS OF SUCH V.EHICLES~ AND REQUIRING PERMITS FOR DRIVERS OF SAID VEHICLES. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLIAWS: SECTION lo The title of Ordinance No. 1987 is hereby amended to read as follows: "AN ORDINANCE OF THE CITY OF SAN BERNARDINO REGUI2,TING THE OPERATION OF TAXICABS, AMBULANCES~ WHEELCHAIR PASSENGER TRANSPOR- TATION VII-IICLES~ TOWING VEHICLES~ CHAUFFEURED LIMOUSINES AND CHARTERED OR SIGHT-SEEING VEHICLES." SECTION 2o Ordinance No. 1987 Section One is hereby amended to read as follows: "SECTION ONE: (a) DEEINITIONS. For the purpose of this ordinance the following terms shall be deemed and construed to have the meanings respectively ascribed to them in this section, unless from the particular context it clearly appears that some other meaning is intended; lo "Advertise" means to give public notice either by publi- cation in a newspaper, or by means of handbills, placards, or other written public notice or call to the public attention by any means whatsoever., 20 "Ambulance" means any privately owned emergency motor vehicle, except a wheelchair passenger transportation vehicle, equipped or used for the purpose of inedical transportation, includs ing, but not restricted to, emergency transportation, but shall not mean a funeral coach or hearseo 30 "Bureau" means the Bureau of Franchises of the City of San Bernardinoo 40 "Carrier" means and includes every person, firm, corpo- 32 ration, partnership, joint venture or other form of business i 2 3 4 5I 6I 7I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 37, 32 I organization engaged in operating, or causing to be operated, any vehicle required by the provisions of this ordinance of the City of San Bernardino, as amended, to be covered by a permit, 50 "Charter Vehicle" means and includes every vehicle other than taxicabs, chauffeured limousines, medical transportation vehicles and sight-seeing vehicles used for the public transporta- tion of passengers for compensation over the streets of the City, not over defined routes, to a destination and/or over a route, ~~,or rou~es, designated by the hirer thereof when the point of origin shall be within this Citya 6p "Chauffeured Limousine" means and includes every vehicle, the seating capacity of which shall have been specified by the manufacturer thereof, to be seven (7) persons, or more, but does not include a bus, aot equipped with a taximeter, and used for the transportation of passengers for compensation, over the streets of the City, but not over defined routes, when point of origin be within the City< 7. "City" means the City of San Bernardino, Californiao 8. "Compensation" as used in this ordinance means and includes any money, thing of value, payment, consideration, reward, tip, donation, gratuity or profit paid, accepted or received for transportation of a person or persons or for services rendered, whether paid upon solicitation, demand or contract, or voluntarily, or intended as a gratuity or donationo 90 "Driver" means and includes every person driving, operating or in charge of any vehicle as defined by this ordinance, 10, "Driveras Permit" means the permit issued by the Chief ~of Police to any person operating or driving any vehicle as defined ~by this ordinanceo llo "Medical Transportation" means the transportation for hire, except by taxicab, of any passengers who may be wounded, sick, injured, ill, incapacitated or infirm, an expectant mother or a dead -2- i 2 3 4 5 6 7 8 9I 10', 11 12 13 14 15 16 17 18 19 20 21 22, 23' 24~1 25~I 26 27 28 29 30 31 32 person, to or from any office, facility or institution which regu- larly offers any type of inedical care or service; and shall include only transportation by an ambulance and a wheelchair passenger transpor- tation vehicle as herein defined but shall not include transporta- tion by a funeral coacha 120 "Person" means and includes persons, firms, corpora- ~tions, associations, syndicates, joint ventures, joint stock companies, partnerships and any other form of business organizationa 130 "Sight-seeing Vehicle" means and includes every vehicle other than taxicabs and charter vehicles used for the transportation of passengers for compensation over the streets of the City, whether 'or not over defined routes, for sight-seeing purposes or showing Ipoints of interest when the route shall be designated by the icarrier and when the point of origin shall be within the City. 140 "Street" means and includes every public street, road, ialley, place, way or highway in the City of San Bernardinoa ~ 15a "Taxicab" means and includes every vehicle used for the ;public transportation of passengers over the streets of the City of iSan Bernardino, but not over defined routes, irrespective of whethe~ isuch operations extend beyond the City, whether or not compensation 'is paid for such transportation, and whether or not the charge to patrons is determined and indicated by the mechanical calculation iof a taximeter as defined hereino 160 "Taximeter" means a mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated, either for distance traveled, or for waiting time, or both, and upon which such charge is plainly registered by means of figures, indicating dollars and centso 170 "Taxistand" means a place on a public street designated I by the Bureau for the use, while awaiting employment, of a vehicle covered by this ordinanceo -3- 180 "Temporary Driver4s Permit" means a permit issued by 1 the Chief of Police to any person to temporarily operate or drive 2 any vehicle as defined by this ordinanceo 3 190 "Towing Vehicle" means any vehicle equipped or adapted 4 for towing service or otherwise removing disabled motor vehicles 5 from one place to another which is furnishing towing service in s response to police callso 7 200 "Wheelchair Passenger Transportation Vehicle" means any 8 privately owned motor vehicle equipped or used for the purpose of 9 medical transportation of passengers confined to a wheelchair who 10 are unable to be transported in a normal manner by taxicab or pri- I 111 vate automobile, but do not require the use of a stretcher, litter c 12I ambulance cota The use of a stretcher, litter or ambulance cot or 13i other device for the transportation of passengers in a reclining pa- 14i sition is prohibited in a wheelchair passenger transportation vehic7 15 (b) Words used in this ordinance in the present tense incluc 16I the future; words used in the masculine gender include the feminine 17 and neuter; and the singular number includes the plural, and the 18!i plural, the singularo" 19i SECTION 3a Ordinance Noo 1987 Section Two is hereby amended 20~ to read as follows: 21 "SECTION TWO; PERMIT REQUIRED. No person shall drive, oper• 22 ate or cause to be operated, nor shall any person employ, permit or 231 allow another to drive, operate or cause to be operated, any taxi- 24~ cab, charter vehicle, chauffeured limousine, sight-seeing vehicle, medical transportation vehicle, or towing vehicle over any street oi 25 this City regardless of whether such operation extends beyond the 26 boundary limits of the City, nor shall any person advertise for, 27 solicit, induce, persuade, invite, or procure such transportation 28 of passengers, or sick or injured persons or towing of vehicles 29 without a permit first having been obtained from the Bureau, sub- 30 ject to the exceptions set forth in the following subsectionso 31 (a) A vehicle or medical transportation vehicle which is 32 lawfully transporting a passenger or a patient or towing a vehicle -4- i~ 2 3 4 5 6 7 8 9~I 10!, 11'' 12 13 14' 15 16 17 18 19 20 21 221~ 23 24~ 25 26 27 28 29 30 31 32 from a point outside the City to a destination within the City, or en route to a destination outside the City, is excepted, provided that no such vehicle shall solicit or accept a passenger or patient or tow a vehicle from within the City, for transportation to any destination whatsoever without such permito (b) Any private medical transportation vehicle accepting and transporting a patient within the City when such private medical II transportation vehicle has been requested or s~oned by any police, fire, or civil defense authority or has been informed by the person requesting such transportation that no permittee hereunder is willing or able to render such transportation and the Police De- partment of the City has been notified that such transportation will be made, is excepted; provided that the Bureau may revoke the permit of any permittee refusing such transportation unless the ~ following conditions exist: i. The permittee has notified the Bureau in writing of the time and date of each such refusal and the reasons therefor on or before the tenth day of the following month; and iio The Bureau finds that the permittee refusing service was not able by reason of unavailability of equipment and personnel to render such serviceo In making this finding, the Bureau may require the permittee to furnish any further information reasonablyl necessary for such determinationo II~ (c) A vehicle being operated pursuant to franchise issued by the authority of the State Public Utilities Commission or Interstate Commerce Commission is excepteda (d) a vehicle being operated for the purpose of bona fide pupils attending an institution of learning between the homes and such institution is exceptedo (e) A vehicle being operated under what is commonly refe to as a$share-the-ride° plan or arrangement, as where a person en route from his place of residence to his place of business, or -5- 1 2 3 4 5 6 7 8I 91' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 of the applicant, the amount of wages to be paid to employees, the character of equipment proposed to be furnished, and any and all other facts which the Bureau may deem relevanto Before granting any such permit, the Bureau shall require its engineer to present, either orally, or in writing, a report, together with his opinion as to the existence of public convenience and necessity for the operation proposed by the applicant< However, the burden of estab- lishing the existence of public convenience and necessity shall always be borne by the applicant, and no permit shall be issued unless there has been an affirmative showing of the existence of such public convenience and necessity by such applicant. The fore- igoing provisions and requirements shall also apply where an increase iin service is requesteda , ~ In making the above determination the Bureau shall be governe~ by the following standards: i lo One (1) taxicab shall be permitted for each 2,000 resi- Ildents of the City of San Bernardino, or major portion thereofo 2o One (1) ambulance shall be permitted for each 25,000 residents of the City of San Bernardino, or ma.jor portion thereofa I 3o One (1) wheelchair passenger transportation vehicle shall be permitted for each 100,000 residents of the City of San Bernar- dino or major portion thereof; provided that if the number of calls ~ averages over ten (10) per day per vehicle in any ninety (90) day period, then the Bureau may authorize an additional vehicleo 4, One (1) chauffeured limousine shall be permitted for I ~ each 25,000 residents of the City of San Bernardino, or major portion thereofa 5o The number of residents of the City of San Bernardino shall be determined by the last preceding official United States Government Censuso (b) TRANSFER OF CERTIFICATESo No certificate of public convenience and necessity shall be sold, transferred, assigned, -7- ~ 1 2 3 4 5 & 7 vice versa, transports another person living and working in the same general vicinity upon payment of a sum estimated to cover the actual or approximate cost of operation of the vehicle is excepted. (f) A vehicle rented or leased for self-operation by a person using such vehicle under a plan commonly known as IIU-Drive~ lunless it is used by such person to transport other persons for 8', 9 10 17: 12 13 14 15 16 17 compensation, is e7tceptedo (g) Any ambulance maintained, owned or operated by any firm, Ilcorporation, co-partnership or individual engaged in any business ~,other than the ambulance business in this City, which said ambulancc lis maintained, owned or operated exclusively or primarily for the ~use and benefit of officers, servants or employees of such firm, ~Icorporation, co-partnership or individual is exceptedo , (h) A towing vehicle being operated in response to calls other than police calls is excepted, 18 19 20 21 i (i) Any private ambulance which is lawfully transporting a ~Ipatient from the San Bernardino County General Hospital directly I and non-stop to a point outside the City is excepted." I SECTION 4o Ordinance Noo 1987 Section Four is hereby amend to read as follows: "SECTION FOURo ISSUANCE OF PERMITS. 22 23 24 ~ (a) HEARING BEFORE THE BUREAU PRIOR TO GRANTING PERMIT - ! INCREASE IN SERVICE, No permit shall be granted to any carrier, as I defined herein, except after a hearing thereon, conducted under and'~ 25 26 27 28 29 I in accordance with such rules and regulations as may, from time to I time, be prescribed therefor by the Bureau, and until the Bureau shall have determined that the public convenience and necessity j require the operation proposed by the applicant for such permit. 30 I ~ The Bureau, in determining whether or not such facts exist, shall take into consideration the public demand for such service, the 311 32 I adequacy or inadequacy of service being rendered by other carriers,l the effect of such service upon traffic, the financial responsibili1 -6- i 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 mortgaged or otherwise conveyed without the consent of the Bureau and the Mayor and Co~¢non Council and the sale, assignment, mortgagir or otherwise conveying any such certificate without the consent and approval of said Bureau and the Mayor and Common Council first had shall revoke said certificate, (c) Notice of current amendments to this ordinance and of scheduled hearings under this Section shall be given to applicants for permits or certificates and to firms and persons to whom operating permits and certificates have been issued, provided that failure to give such notice shall not invalidate any decision made, or permit or certificate issued, pursuant to this ordinanceo" SECTION 5, Ordinance No. 1987 Section Nine is hereby ~ to read as follows: "SECTION NINE: INSURANCE. (a) TOWING, AMBULANCE AND WIiEELCHAIR PASSENGER TRANSPORTA- TION CARRIERSo No towing, ambulance and/or wheelchair passenger transportation vehicle carrier shall operate, or permit to be i operated, any vehicle, under the provisions of this ordinance, ~ unless and until such vehicle is covered by public liability insur- ~ ance of not less that $50,OOOo00 for the injury or death of one I person,' and $100,000000 for the injury or death of two or more persons in any one accident, and property damage insurance of not less than $10,000000 for any one accident, and the policy of such insurance, or a certificate thereof, in an insurance company approved by the Bureau, has been filed with the Bureauo Such polic~ or certificate shall set forth with particularity the make, number and other identifying data of each vehicle covered by such policy, together with the expiring date of such policy, and other required informationo (b) TAXICABS. No taxicab carrier shall operate, or permit I to be operated, any vehicle, under the provisions of this ordinance unless and until such vehicle is covered by public liability -8- ~II z ~i, 3~ 4I 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 insurance of not less than $10,000000 for the injury or death of one person, and $20,000,00 for the injury or death of two or more persons in any one accident, and property damage insurance, of not less than $S,OOOo00 for any one accident, and the policy of such insurance, or a certificate thereof, in an insurance company approved by the Bureau, has been filed with the Bureau. Such policy or certificate shall set forth with particularity the make, number and other identifying data of each vehicle covered by such policy, together with the expiring date of such policy, and other required informationa" SECTION 6o Ordinance No. 1987 Section Thirty-one Subsection (c) is hereby amended to read as follows; "(c) STANDBY TIME - MEDICAL TRANSPORTATION VEHICLESo Itime for medical transportation vehicles shall begin fifteen minutes after arrival in response to a callo" SECTION 7o Ordinance Noo 1987 Section Forty-three is hereby i amended to read as follows: "SECTION FORTY-THREE: The rates which shall be charged the public by medical transportation carriers shall be such as are prescribed in the carrier°s permito It shall be established in accordance with the following schedule: (1) Ambulance rates: (a) Response to a routine non-emergency call, $30400; non-routine emergency call, $5.00 additionalo (b) Each mile or fraction of a mile, $10250 (c) Waiting time or standby time after first 15 minutes, at the request of the person hiring ambulance, or for the benefit of the person injured, dead or sick; for each 15 minute. period or fraction thereof, $5000, (d) Night service charge 7:00 p,mo to 7:00 a.m., $5000 (e) Response to a call for ambulance not used, $15.00. (f) For each additional patient, 50% over charge for one patient. -9- i 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 (g) Carrier shall be permitted in its discretion to fix the rates for special serviceso (2) Wheelchair Passenger Transportation Vehicle rates: (a) Response to call, $9000, (b) Each additional passenger (from and to same addresses), $4050, (c) Each mile or fraction thereof - one way, $ o65a (d) Sunday and legal holiday charge, $S.OOa (e) Night service charge, 7:00 pomo to 7:00 aoma, $5.00 (f) Waiting time or standby time after first 15 minutes at request of or for the benefit of the passenger for each 15 minute period or fraction thereof, $50000 (g) Passengers covered by Medi-Cal will be charged and billed at the State°s schedule of maximum allowanceso" SECTION 8o Ordinance Noo 1987 Section Forty-eight is hereby amended to read as follows: I "SECTION FORTY-EIGHT: ~ (a) DRIVERS AND ATTENDANTS OE ArffiUL~ANCES. No ambulance ~carrier shall operate or maintain any vehicle with a crew of less than two persons, one of whom shall be a qualified driver holding an unexpired permit issued under the provisions of this ordinance, and at least one member of each of said crews shall have had special experience or instructions in proper methods in moving and handling the sick and injured and first-aid treatment as shall meet the rules and regulations of the Health Officer of this City, and shall have obtained a certificate from the Health Officer that he is sufficient proficiento These shall not take effect for sixty (60) days after employmento (b) DRIVERS OF WHEELCHAIR PASSENGER TRANSPORTATION VEHICLES, Any person driving a wheelchair passenger transportation vehicle shall be a qualified driver holding an unexpired permit issued u -10- 1 2 3 4 5 6 7 8 9 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 the provisions of this ordinance, and shall have had special lexperience or instruction in proper methods in moving and handling persons confined to a wheelchair and first aid treatment as estab- lished by the American Red Cross or the United States Bureau of Mineso" I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Co~on Council of the City of San Bernar- dino at a ~.. meeting thereof held on the ~day of / y 1969 by the following vote, to wit: i AYES : Counc i,lmen ~ ~~ ~ ~~~ ~-~ 4. ~;~~i ~O /' NOES: ABSENT: ~ The foregoing ordinance I o f~~'/~l~~i , 19 69. Appro as to form: ~ /.'~~/ ./~~ I ty t orney ~I~~.~D MAR i ~ 1969 ~-,. ,. . '~erk ~~~-LCC F~// +~" .