HomeMy WebLinkAbout3022 - ~-
li ~,
I I
ORDINANCE NO3022
AN ORDINANCE OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING ORDINANCE N0. 1987 ENTITLED IN PART "AN ORDINANCE . .
3 REGULATING THE OPERATION OF TAXICABS AMBULANCES .";
DEFINING THE WORDS "CHAUFFERED LIMOUSINE"; EXPLAINING THE
4 USE OF THE WORDS "CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY", "PERMIT" AND "FRANCHISE"; INCREASING THE FEE FOR
5 FILING A PETITION FOR PERMIT; GRANTING TO CERTIFICATED CARRIERS
THE RIGHT TO INCREASE SERVICE SUBJECT TO APPROVAL; DEFINING
6 VEHICLE AS AN OPERATING VEHICLE; AUTHORIZING THE BUREAU TO
ALLOW THE TRANSFER OF PERMITS; INCREASING THE INSURANCE
q COVERAGE FOR VEHICLES; ADJUSTING THE MAXIMUM AND MINIMUM
RATES FOR TAXICABS; FIXING RATES FOR LIMOUSINE AND CHARTERED
g VEHICLE SERVICE; MODIFYING THE RIGHT TO SOLE USE OF A
TAXICAB; AUTHORIZING A FLAT RATE CHARGE FOR TAXICAB SERVICE
g BEYOND THE CITY LIMITS; PERMITTING TAXICABS TO STAND AT
PLACES OTHER THAN IN FRONT OF RESIDENTIAL PROPERTY WHILE
10 AWAITING ENGAGEMENT; AND PERMITTING A TAXICAB CARRIER TO
AUTHORIZE PARKING AT A TAXISTAND.
11
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
12 DO ORDAIN AS FOLLOWS:
13~ SECTION 1. Ordinance No. 1987 Section One Subsection (a) 6
14 is hereby amended to read as follows:
15 "6. Chauffeured Limousine¢ means and includes every
16 vehicle, the seating capacity of which shall have been specified
lry by the manufacturer thereof to be seven (7) persons, or more,
lg but does not include a bus, not operated with a taximeter, and
lg used for the transportation of passengers for compensation,
20 over the streets of the City, but not over defined routes, when
21 point of origin be within the City,"
22 SECTION 2. Ordinance Nti. 1987 Section One is hereby
23 amended by adding thereto Subsection (c) to read as follows:
24 "(c) The terms Qcertificate of public convenience and
25 necessitye, Bpermitp and ¢franchiseQ are used interchangeably
2g in this ordinance, except in reference to the drivers permit,
I
27 or when it clearly appears from the particular context that
2g such a purpose was not intended."
2g SECTION 3. Ordinance No. 1987 Section Three is hereby
30 amended to read as follows:
31 "SECTION THREE: PERMIT - PETITION FOR - REQUIREMENTS,
32 (a) Any person desiring a permit to operate vehicles
i
-
i
I'
1 covered by this ordinance shall file a petition therefor with the
2 Bureau. Such petition shall be verified by oath of the
3 applicant, if a natural person; or by oath of an officer or
4 partner of the applicant, if applicant be a corporation,
5 partnership, association or unincorporated company, and
g which petition shall set forth the name, age, and address
7 of the petitioner, if a natural person, or if a corporation,
g its name, date and place of incorporation, address of its
9 principal place of business, and the names of all its officers
10~i together with their respective residence addresses; or
11~'~ if a partnership, association or unincorporated company,
12 then the names of the partners or persons comprising the ~
13 partnership, association or company, together with their
14 respective ages and residence addresses, The petition
15 shall also state the trade name or style, if any, under
16 which the applicant proposes to operate, full information
17 pertaining to the extent, character and nature of the proposed
I
18 operation, and the manner in which such proposed operations
19 are to be conducted, the type, model, capacity and condition
20 of the vehicles proposed to be operated, a full statement
21 of the petitioners assets and liabilities, and such other
22 or additional information as the Bureau may require.
23 (b) The Bureau shall, upon receipt of such petition,
24 make full and complete inquiry into the facts set forth
25 therein, hold a hearing thereon upon such notice to interested
26 persons as it shall prescribe, and shall either grant or
27 deny a permit upon the proposed terms, or upon terms other
28 than those proposed. Such permit shall be for a specified
29 number of vehicles which shall only be increased by authority
30 of the Bureau. Such permit may, at the pleasure of the
31 Bureau, be for a prescribed period or for an indefinite
32 period provided that, in either event, the permit shall
-2-
I
I
_ _
I
1 be subject to revocation, or suspension, as provided in
2 this or other ordinances of the City. When issued, such
3 permit shall constitute evidence of compliance with the
' 4 terms of this ordinance, and shall authorize the permittee
5 to operate vehicles under the conditions therein specified;
g subject, however, to the requirements, obligations and limita-
7' tions imposed by other applicable laws, ordinances, and
g orders of the Bureau, and shall become effective only upon
91 payment of the fees required by the provisions of all
l0l ordinances applicable thereto.
11 (c) At or before the time the said petition is filed
12 with the Bureau, the petitioner shall pay to the City Clerk
13 a filing fee of $500.00, plus $10.00 for each vehicle
14 proposed to be covered by the permit."
15 SECTION 4. Ordinance No, 1987 Section Four is hereby
16 amended to read as follows:
17 "SECTION FOUR: ISSUANCE OF PERMITS.
18 (a) HEARINGS PRIOR TO GRANTING PERMITS OR INCREASES
19 IN SERVICE. No permit shall be granted to any carrier, as
20 defined herein, except after a hearing thereon, conducted
21 under and in accordance with such rules and re ulations
g
22 as may, from time to time, be prescribed therefor by the
23 Bureau, and until the Bureau shall have determined that the
24 public convenience and necessity require the operation
25 proposed by the applicant for such permit. The Bureau,
26 in determining whether or not such facts exist, shall take
27 into consideration the public demand for such service,
28 the adequacy or inadequacy of service being rendered by
29 other carriers, the effect of such service upon traffic,
30 the financial responsibility of the applicant, the amount
31 of wages to be paid to employees, the character of equipment
32 proposed to be furnished, and any and all other facts which
_3_
I
i
I
1 the Bureau may deem relevant. Before granting any such permit,
2 the Bureau shall require its engineer or other authorized officer
3 to present an oral or written report which shall include his
4 opinion as to the existence of public convenience and necessity fo
5 the operation proposed by the applicant. However, the burden of
6 establishing the existence of public convenience and necessity
~ ry shall always be borne by the applicant, and no permit shall be
g issued unless there has been an affirmative showing of the existen e
g of such public convenience and necessity by such applicant, The
l0i foregoing provisions and requirements shall also apply where an
11 increase in service is requested.
12 (b) If the Bureau finds that further service in the nature
13I of that groposed in the City of San Bernardino is required by the
14 public convenience and necessity, then each holder of a certificat
15 to operate taxi and/or medical transportation vehicles in said
16 class shall be notified as to the total increase in the number of
17 such vehicles for which the convenience and necessity is found...
lg The Bureau shall then determine, subject to approval, reversal or
19 modification thereof by the Mayor and Common Council, whether each
20 such holder shall have the right to increase the number of such
21 vehicles in the same proportions that the total increase bears to
22 the number of such vehicles theretofore operated by said holder.
23 In the event any holder entitled to increase the number of such
24 vehicles as provided hereunder shall fail and neglect or refuse,
25 to do so, then the increase to which such holder would have been
26 entitled shall be distributed among all other holders in accordanc
27 with the formula herein set forth. Should the existing holders
28 of certificates to operate vehicles in the class proposed to be
29 increased fail to increase their service as herein provided within
30 sixty X60) days from notice of entitlement of said increase, then
31 the applicant shall be entitled to a permit as hereinafter pro-
32 vided upon the condition that said applicant meets all requirement
-4=
i
1 of this ordinance and is fits willing and able to perform such
2 public transportation as has been proposed, and the Bureau shall
3 issue a certificate stating the name and address of the applicant
4 the number of vehicles authorized under such certificate and the
5 date of issuance, Otherwise the application shall be denied,
g In making the above findings and determinations, the
ry Bureau shall be governed and limited by the following standards;
g 1, Not more than one (1) taxicab shall be permitted
g for each 2,000 residents of the City of San Bernardino or
10 major portion thereofo
11 2. Not more than one (1) ambulance shall be permitted
12 for each 25,000 residents of the City of San Bernardino or
13 major portion thereofo
14 3. Not more than one (1) wheelchair passenger transporta-
15 tion vehicle shall be permitted for each 100000 residents of
16 the City of San Bernardino or major portion thereof; provided
17 that if the number of calls averages over ten (10) per day per
18 vehicle in any ninety (90) day period, then the Bureau may
19 authorize an additional vehicle,
20 4. Not more than one (1) chauffeured limousine shall be
21 permitted for each 25000 residents of the City of San Bernardino,
22 or major portion thereofo
23 The number of residents of the City of San Bernardino
24 shall be determined by the current population estimate of the
25 Planning Director of the Cityo
26 The above limitation of not more than one (1) vehicle
27 for the indicated number of residents means one (1) operating
28 vehicle during each hour of any day.
29 (c) TRANSFER OF CERTIFICATES. No permit or certificate
30 of public convenience and necessity shall be sold transferred,
31 assigned, mortgaged or otherwise conveyed without the approval
32 of the Bureau and the sale9 assignment, mortgaging, transfer
-5=
II
I
'i
~,
1 or otherwise conveying any such certificate without the approval I~,
2 of said Bureau first had and obtained shall revoke said certifi-
3 cats. Any successor, transferee or assignee shall comply with
4 each requirement and condition of the permit or certificate,
5 Any aggrieved and interested party may appeal to the Mayor
6 and Common Council from a decision of the Bureau made pursuant to
7 this subsection and the appeal provisions of Section Fifty Sub=
8 sections (b), (c) and (d) of this ordinance shall be applicable
g to such proceedings.
l0i (d) NOTICE, Notice of current amendments to this ~
111 ordinance and of scheduled hearings under this Section
12 shall be given to applicants for permits or certificates I
13 and to firms and persons to whom operating permits and
14 certificates have been issued, provided that failure to give
151 such notice shall not invalidate any decision made, or
16 permit or certificate issued, pursuant to this ordinances"
17 SECTION 5s Ordinance No. 1987 Section Nine Subsection (b)
18 is hereby amended to read as followso
19 "(b) TAXICABS. Each taxicab carrier and owner of a
20 taxicab or vehicle used in the transportation of passengers
i
21i for hire shall maintain, whenever he may be engaged in
22; conducting such operations, ability to respond in damages
23 resulting from the ownership or operation of the taxicab
24i or vehicle and arising by reason of personal injury to, or
25 death of, any one person, of at least fifty thousand dollars
26 ($50,000), and, subject to the limit of fifty thousand
271 dollars ($50,000) for each person injured or killed, of
28 at least one hundred thousand dollars ($100,000) for such
29 injury to, or the death of, two or more persons in any one
3o accident, and for damages to property of at least five
31! thousand dollars ($5,000.00) resulting from any one
32 accident. The mimimum limits of the foregoing ability
i,~ - 6-
I!
v,
~,
I
'~ I
1 to respond in damages shall be maintained or increased
2 to conform with Vehicle Code Section 16500. Ability to
3 respond in damages may be maintained by either of the
4 alternatives set forth in said Section 16500."
5 SECTION 6, Ordinance No. 1987 Section Fourteen is
6~ hereby amended to read as follows;
7 "SECTION FOURTEENo RATES - MINIMUM AND MAXIMUM FOR
8 TAXICAB SERVICE,
9I~ (a) The rates or fares to be charged the public for
10~ taxicab service shall be in accordance with and as prescribed
11 by the carrierps permit, the Bureau and the Mayor and
12 Common Council, and shall be not less than the minimum
13 nor more than the maximum rates which are hereby fixed in
14 this Section.
15 (b) The minimum rate shall be Forty-Five Cents ($.45)
16 for the 1/4 mile, or ~flagdropP; Ten Cents ($, 10) for each
17 additional 2/5 mile or fraction thereof, The minimum
18 waiting time rate shall be Four Dollars ($4.00) per hour.
19 The minimum fare for extra passengers, if such a charge is
20 authorized by the Bureau, shall be Twenty-Five Cents ($.25).
21 (c) The maximum rate shall be Sixty Cents ($.60) for
22 the first one-quarter (1/4) mile, or aflagdropt; Ten Cents
23
($.10) for each additional one-sixth (1/6) mile or fraction
24 thereof. The maximum waiting time rate shall be Six
25 Dollars ($6,00) per hour, The maximum fare of extra
26 passengers, if such a charge is authorized by the Bureau,
27 shall be Thirt Cents
y ($.30) for each extra passenger.
28 (d) The maximum fare or rate for a service charge
29 involving the transportation of packages, luggage, and other
30 articles shall be Fifty Cents ($.50), provided that such
''1 rate or fare is authorized by the Bureau; and provided
32 further that an approved notice shall be posted in each
-7-
taxicab at a conspicuous location to the effect that no charge
1 shall be made for the transportation of packages, luggage and
2 other articles, except when the same are handled by the taxicab
3 driver who may make said charge only in conformity with said
4 notice, and provided. further that where there is a pickup and
5 delivery of merchandise and there is no passenger involved there
6 shall be a minimum charge of One Dollar ($1.00)'."
7 SECTION 7: Ordinance No. 1987 Section Fifteen is
8 hereby amended to read as follows.:
9 "SECTION FIFTEEN: RATES. - MINIMUM AND MAXIMUM FOR
10 LIMOUSINE AND CHARTERED VEHICLE SERVICE.
11 (a) The rates or fares 'to be charged the public for
12 chauffeured limousine and chartered vehicle service shall be
13 in accordance with the. carrier's permit and as prescribed by
14 the Bureau and the. Mayor and Common Council, and shall be not
15 less than the minimum nor more than the maximum rates. which
16 are hereby fixed in this Section.
17 (b) The minimum rate shall be Five Dollars ($5.00) per
18 hour or Forty Cents ($...40)' per mile, whichever is 'the. greater,
19 and the hourly rate shall be computed in fractions of one-half
20 (1/2)' hour. The minimum charge for chauffeured limousine service
21 shall be the rate-for the one-half (1/2)' hour.
22 (b) The maximum rate shall be Seven Dollars ($7.'00) per
23 hour or Sixty Cents. ($.60)' per mile, whichever is the greater,
24 and the hourly rate shall be computed in fractions of one-half
25 (1/2)' hour.
26 (ci) The. foregoing rates shall apply to time or mileage
27 whichever is the greater, upon departure from the carrier's prin-
28 cipal place of business in the City and until return thereto."
29 SECTION 8. Ordinance No. 1987 Section Twenty-Eight
30 Subsection (bJ is hereby amended to read as follows.:
31 ~~(b) When a taxicab is engaged, the. person or
32 persons engaging such taxicab .shall have the exclusive
right to the full and complete use of the. passenger
-8-
it -
,i
~I
1 compartment, and it shall be unlawful for the carrier, or
I
2 driver of said taxicab to solicit, or carry additional
3 passengers therein except with the express consent of each
4 of said persons; provided, however, that where the Bureau
5; finds that public necessity requires the grouping of
g passengers in such taxicabs, the Bureau may issue a
ry~'I special written permit, which permitss~all specifically
gl set forth the rules and regulations under which such
gel passenger grouping is permitted. It shall be unlawful
10~ for any driver or carrier to operate, or permit to be
11 operated, any taxicab in violation of any of the rules and
12 regulations set forth in such special permits,"
13 SECTION 9. Ordinance No. 1987 Section Thirty
14i Subsection (a) is hereby amended to read as follows:
15 "(a) It shall be unlawful for any carrier to operate,
16 or cause to be operated, any taxicab in the City of San
try Bernardino unless and until such taxicab shall be equipped
18 with a taximeter of a type and design approved by the
19 Bureau, and it shall be the duty of the carrier operating
20 such taxicab, and also the driver thereof, to keep such meter
21 operating at all times within such standard of accuracy as
22 may be prescribed by the Bureau. No passenger shall be
23 carried in any such cab unless said taximeter shall be
24 in operation. This provision shall apply regardless
25 of whether the taxicab is engaged for a trip entirely
26 within the boundaries of the City or partially outside i
try thereof, and such meter shall be kept operating continuously
28 during the entire time that it is engaged in the transportation
2g of passengers for compensation; provided that when the
30 point of destination is outside the boundaries of the City
31 from a point within said boundaries, the rate charged for the
32 trip outside of the boundaries may be a flat rate in accordance
with a schedule approved by the Bureau of Franchises." ~
I
-9- ~i
i~
i,'
1 SECTION 10, Ordinance Noo 1987 Section Thirty-Five
2 Subsection (a) is hereby amended to read as follows:
3 "(a) It shall be unlawful for any carrier, or driver
4 of any vehicle operated pursuant to the terms of this ordinance,
5 to stand, or permit to stand, any such vehicle while awaiting
6i employment in front of any residential property, except
7I when answering a call for service at such residential
8 property, or to stand, or permit to stand, such vehicle
91; at any other place designated by the Bureaux"
l0i SECTION llo Ordinance No, 1987 Section Thirty-Five
11~~ Subsection is hereby amended to read as follows:
12 "(d) It shall be unlawful for any vehicle to occupy
13 any regularly established taxistand unless such vehicle is
14 one being operated by the carrier to which such taxistand
15 has been assigned as herein provided, except with the
16 consent of the carrier assigned said taxistando"
~ 17 I HEREBY CERTIFY that the foregoing ordinance was
18 duly adopted by the Mayor and Common Council of the City of
19 San Bernardino at a ~~jl„pi,,,/ meeting thereof held
20 on the ~ day of ~%~
/,~L , 1969 by the following vote,
21 to wit:
22 AYES: Councilmen~.,,,o„~/vi Ufa„_
n~~~~~»;
23 ~s , , ,»r~,~.~
24 NOES : ,~
-„ _ ~,>>b n
h~ `J ~i~ofi ~ ~ ~~7-,u,t?~.f'l
25 ABSENT:,
26
~1~~-__
27 -7~~' City er c
28 The foregoing ordinance is hereby approved this ~fday
29 of ~~~1~~i , 19690
30
Approved as to formo y o t e ty o an rnar ino
31
32 L"T~/
ity orney
i
I