HomeMy Public PortalAboutOrd. 15081_508
ORDINANCE NO.
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD REPEALING SECTIONS 4 — 32.12 AND 4 — 32.13
OF THE LYNWOOD MUNICIPAL CODE
WHEREAS, the City of Lynwood is a general law city located in the County of
Los Angeles, and organized and existing under and by virtue of the laws and constitution
of the State of California; and
WHEREAS, the legislative power to regulate travel over public roads is thus
extensive and may be exercised in any reasonable manner to conserve the safety of
travelers and pedestrians; and
WHEREAS, pursuant to California Vehicle Code Section 21, a loca?
may in the interest of the public welfare, enact and enforce an ordinance relating to the
use of motor vehicles on public roads when authorized by State law to do so; and
WHEREAS, pursuant to California Vehicle Code Section 16501, State law
authorized local authorities, in the reasonable exercise of police power, to adopt
ordinances or pass resolutions licensing and regulating the operation of any vehicle for
hire and the drivers of passenger vehicles for hire; and
WHEREAS, Lynwood Municipal Code Section 4 — 32.12 provides "Operation By
Person Other Than Owner or Employee. No taxicab for which a permit shall been issued
pursuant to this Section shall be operated by anyone but the owner or any employee of
the owner "; and
WHEREAS, Lynwood Municipal Code Section 4 — 32.13 provides: "Agreement
Between Owner and Driver of Lease of Taxicab Prohibited: It shall be unlawful for t'?e
owner or any driver of any taxicab to enter into any contract, agreement or understanding
between themselves by the terms of which the driver pays to the owner a fixed or
determinable --um for the use of the vehicle"; and
WHEREAS, the City of Lynwood cannot issue taxicab driver permits under the
current state of the law to taxicab drivers having agreements with vehicle owners
requiring payment for the use of the vehicle or who operate as independent contractors;
and
WHEREAS, the residents of the City of Lynwood have been and are continuing
to be deprived the full availability of taxicabs since many companies have drivers who
operate as independent contractors or who have agreements requiring payment for the use
of the companies' vehicles; and
WHEREAS, many elderly and disabled residents of the City of Lynwood depend
on the availability of taxicabs for transportation to, from and throughout the City and
without which such residents are unable to get to doctor appointments, buy groceries, go
shopping or otherwise meet their daily transportation needs; and
WHEREAS, the City of Lynwood is unable to implement a reduced fare or free
taxicab dial -a -ride program offering transportation for elderly and disable residents
af`, a--'
WHEREAS, a present health, safety and public welfare emergency exists for the
reasons given above due to the lack of available taxicabs meeting all the requirements of
the City's existing codes;
NOW, THEREFORE, the City Council of the City of Lynwood does hereby
ordain as follows:
Section 1. That Lynwood Municipal Code Section 4 - 32.12 is hereby
REPEALED in its entirety.
Section 2. That Lynwood Municipal Code Section 4 — 32.13 is hereby
REPEALED in its entirety.
Section 3. This ordinance shall take effect immediately upon its adoption.
PASSED, APPROVED, AND ADOPTED this 16TH day •f 2001.
PA CHARDS, II
MAYOR
ATTEST:
a"4,
ANDREA L. HOOPER, CITY CLERK
,A PPD O OFD AS TC) F RIM:
ifd�e�iC/%i0
Atto TT04
STATE OF CALIFORNA )
)ss
STATE OF CALIFORNIA )
APPROVED AS TO CUNTEN 1':
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the above and
foregoing ordinance was duly adopted by the City Council of the City of Lynwood at a regular
meeting held in the City Hall of said City on the 16`h day of October 2001, and passed by the
following vote:
AYES: COUNCILMEN BYRD, REA, REYES, SANCHEZ, RICHARDS
NOES: NONE
ABSENT: NONE
City Clerk, City of Lynwood
STA'L'E OF CALIFORNA )
)ss
STATE -OF CALIFORNIA )
I, tl ; - aila'c "f signed, City Clerk of ihe-City of Lynwood, and Clerk of the City Council of said City,
do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance
No. 1508
on file in my office and that said ordinance was adopted on the date and by
the Vote therein stated.
Dated this 16`h day of October 2001
recreatn \ccitem \taxi ordinance resolution
4-32.16 Appeals From Administrative Determinations:
a. Within thirty (30) days after the rejection of an application for a driver's
license pursuant io this Section or the decision of the Traffic Authority prescribing new
or different rates for the use of taxicabs, the applicant, permittee or licensee may file a
written appeal with the City Clerk stating in detail the reasons why the application for a
driver's license should be granted or why the decision of the Traffic Authority
prescribing new or different rates for the use of taxicabs should be revoked
notwithstanding the action of the Traffic Authority to the contrary.
Within te�,P ' -fbur (74) h.oi!r; -)rtl,o re`ei : oral,
a�. r?_y J•�. \, _ t ^:. p- _ 1he %vritten anp °al,
provided for by paragraph a., the City Clerk shall advise the Traffic Authority of the
appeal and within the same period will fix a date and time for the hearing of the appeal by
the Council and notify the applicant, permittee or licensee and the Traffic Authority
thereof by registered mail, which date must not be more than ten (10) days from the date
the appeal is filed with the City Clerk.
C. Upon receipt of notice that an appeal has been filed, the Traffic Authority
shall furnish the council with a written report of the reasons for the rejection of the
driver's license. The filing of his written report based upon his investigation of the
complaint that the rates being presently charged are excessive in accordance with this
section shall be deemed sufficient compliance with this subsection insofar as an appeal
from the decision of the Traffic Authority fixing new or different rates is concerned.
d. The Council shall deny the appeal and affirm the decision of the Traffic
Authority if it finds the applicant has failed to comply with any of the provisions of this
section or the laws of the United States or of the State, the violations of which reflect
unfavorably on the fitness of the pennittee or licensee to offer public transportation.
e. The decision of the Council shall be final. (Code 1972 31 -30)
PART A. OWNERS' PERMITS
4-32.17 Permit Required; Issuing Authority. No person shall
operate or permit a taxicab owned or controlled by him to be operated as a vehicle for
hire upon the streets of the City without having first obtained a permit from the Council if
it is an original application, or from the Traffic Authority if it be an application for the
renewal of a permit. (Code 1972 31 -36)
4-32.18 Application. An application for a permit required by this section
shall be filed with the City Clerk upon forms provided by the City, containing such
information as may be provided by the rules and regulations of the Traffic Authority or
the Council pertinent to the operation of the taxicab business and as to the character and
quality of the service; the application shall be verified under oath. (Code 1972 31 -37)
4-32.19 Prerequisites to Issuance. No permit shall be issued under Part A
until the following minimum conditions are complied with:
a. The applicant has not been convicted of a felony or of a crime involving
moral turpitude or of reckless driving or driving while under the influence of intoxicating
liquor.
b. The applicant is a citizen of the United States or one who has regularly
declared his intention to become a citizen and is more than twenty -one (2l ) years of age.
P n � MisTvieUc. The an c � a—"Oi 5 ii
including satisfactory evidence that the minimum requirements for liability insurance
required by this section have been met; however, if the applicant produces evidence
satisfactory to the Council that the liability insurance required by this section will be
procured prior to the actual commencement of operations, then the permit may be issued
conditioned upon its becoming effective at such time as the requirements of this section
relating to liability insurance are met. (Code 1972 31 -38)
4-32.20 Permits Held Prior to Adoption of Section. The establishment
of the public convenience and necessity shall not be necessary for granting the same
number of permits held by the applicant under the same name and color scheme on the
date preceded by this section for the expiration of permits and the permit shall be
classified as a renewal, and the applicant shall be guaranteed a permit provided he
complies with Part A pertaining to renewal of permits. (Code 1972 31 -39)
4-32.21 Action on Applications for Original Permits.
a. Upon the filing of an application for an original permit to be issued
pursuant to Part A the Council shall fix a time and place for a pubic hearing tLereon.
t, :lie i- -- si;aii be given to the applicant and to all persons to whom permits
have heretofore been issued. Due notice shall also be given to the general public by
posting a notice of such hearing in the lobby of the City Hall. Any interested person may
file with the City Clerk a memorandum in support of or in opposition to the issuance of a
permit.
b. Upon receipt of an application for an original permit to be issued pursuant
to Part A the City Clerk shall refer the application to the Traffic Authority who shall
investigate and report in writing to the Council before the time set by the City Clerk for
the hearing upon the application, upon the following matters:
1. The public demand and need for the additional taxicab service.
2. The financial responsibility and experience of the applicant.
recreatn \corres \lynwood city code
4 -32
LICENSING AND BUSINESS REGULATIONS
a. The private patrol licensee shall file a written application in the office of
the Chief of Police, upon forms furnished by the Chief of Police, containing all of the
information required by subsection 4 -31.2 and shall be signed by the private patrol
licensee, or an officer, partner or manager of the private patrol licensee.
b. No applicant shall commence to operate or do business in the City until he
has paid his business license tax as required by subsection 4 -7.9 and has complied with
all of the provisions of the section required as prerequisite to operating as a private patrol
operator or operatling a private patrol service lr, the City.
C. The Chief of Police shall cause all applications to be filed and indexed in
his office and to be maintained there until such time as they may be destroyed in the
manner provided by law.
d. No such applicant shall commence to operate or do business in the City if
the Chief of Police, or other person performing the functions of said office, determines
him to be of bad moral character.
e. The phrase "bad moral character" used in the proceeding paragraph
shall include, but shall not be limited to, conviction of any felony or any other crime
involving moral turpitude. (Code 1972 27 -g; Ord. #10 16, 1 -4)
4 — 32 TAXICABS.
4-32.1 Definitions. As used in this section:
CrulslnQ shall mean the driving of P. taxi or? the streets al? ?v cw nli}+ ?4i` ply.
r r_-.. -„:
of the City in search of, or soliciting, passengers for hire.
Driver shall mean and include each person in charge of driving or operating any
taxicab, either as agent, employee or otherwise.
Driver's license shall mean the permission granted by the traffic authority to a
person to drive a taxicab upon the streets of the City.
Holder shall mean a person to whom a permit has been issued pursuant to this
section.
*State law reference: Commercial passenger vehicles, Vehicle Code, 16500.
4 -32
LYNWOOD CITY CODE
Manifest shall mean a daily record prepared by a taxicab driver of all trips made
by the driver, showing the time and place of origin, destination, number of passengers
and the amount of fare of each trip.
Owner shall mean every person having the ownership, use or control of any
taxicab who operates or proposes to operate the taxicab as a business within the City.
Permit shall mean the authority issued to an owner authori,in.� h =' =
have operated a specific number of taxicabs upon the public streets of the City. f .. u.; 0i
Rate card shall mean a card issued by the Traffic Authority in each taxicab which
contains the rates of fare then in force.
Taxicab shall mean a motor vehicle regularly engaged in the business of carrying
passengers and their baggage for hire, having a seating capacity of less than six (6)
persons and not operating on a fixed route irrespective of whether or not the operations
extend beyond the City.
Taximeter shall mean a meter instrument or device attached to a taxicab which
measures mechanically the distance driven and the waiting time upon which the fare is
based.
Traffic Authority shall mean the Chief of Police of the City.
Waiting time shall mean the time when a taxicab is not in motion from the time of
acceptance of passengers to the time of discharge, but does not include any time that the
taxicabs is not i, motion ii due-to any cause other than the request, act or fault of a
passenger. (Code 1972 31 -14)
4-32.2 Proof of Financial Responsibility. Holders shall be required to
file with the City council and thereafter keep in full force an effect, proof of compliance
with Section 16500 of the State Vehicle Code. The holder shall file an endorsement of
the proof of compliance with the City Clerk, wherein it is provided that the insurance
policy or other security shall not be canceled by the insurer or a t the request of the
insured until the City shall have notice in writing at least ten (10) days immediately prior
to the time when such cancellation shall become effective. Notice of such cancellation
shall be addressed to the City Clerk at City Hall. (Code 1972 31 -15)
4 32.3 Required Service.
a. Scope. Each person engaged in the taxicab business in the City operating
under the provisions of this section shall render an overall service to the public desiring
to use taxicabs.
b. All Calls For Service To Be Answered: Holders of permits issued
pursuant to this Section shall answer all calls received by them for service inside the City
as soon as they can do so and, if services cannot be rendered within a reasonable time
they shall then notify the prospective passengers how long it will be before the call can be
answered and give the reason therefor. (Code 1972 31 -16, 31 -17)
4-32.4 Refusal To Provide Required Service, Violation; Revocation Of
Permit: Any holder of a permit issued pursuant to this Section who shall refuse to
accept a call anywhere in the City at any time when the holder has available cabs or who
shall fail or refuse to give overall service, shall be deemed a violator of this Section and
the permit granted to the holder shall be revoked at the discretion of the Traffic
Authority. (Code 1972 31 -18)
4-32.5 Continuous Operation of Authorized Taxicabs: The holder
shall use or operate continuously the number of taxicabs authorized by his permit issued
pursuant to this Section for the purpose of transporting individuals for hire upon trips
originating within the City. (Code 1972 31 -19)
4-32.6 Manifests:
a. Every driver subject to this Section shall maintain a daily manifest upon which
are recorded all trips made each day, showing time and place oforigin and destination of
each trip and amount of fare and all completed manifests shall be returned to the owner of
the taxicab by the driver at the conclusior. of his tour of duty.
i .
b. The forms for each manifest shall be furnished to the driver by the owner of the
taxicab and shall be of a character approved by the Traffic authority.
C. Each holder of a permit issued pursuant to this Section shall retain and preserve
all drivers' manifests in a safe place for at least the next calendar year following the
current calendar year, and the manifests shall be available to the Traffic Authority. (Code
1972 31 -20)
4-32.7 Cruising: No driver subject to this Section shall cruise in
search of passengers except in such areas and at such times as shall be designated by the
Traffic Authority. Cruising areas and times shall only be designated when the Traffic
Authority finds that taxicab cruising would not congest traffic or be dangerous to
pedestrians and other vehicles. (Code 1972 31 -21)
4-32.8 Additional Passengers: No driver subject to this Section shall
permit any person other than the person first employing the taxicab to occupy or ride in
the taxicab unless the person first employing the taxicab shall of to the acceptance
of additional passengers. (Code 1972 31 -22)
4-32.9 Drivers Not To Sell Intoxicating Liquors Or Solicit For House
Of Ill Repute: It shall be unlawful for any driver subject to this Section to engage in
selling intoxicating liquors or solicit business for any house of ill repute. (Code 1972
31 -23)
4-32.10 Operation. From flare -Other Thaw _•
s_t s%. LCa1 �iaiiu Ur
Garage: It shall be unlawful for any taxicab to be operated from any place in the City
except a stand authorized by the City Council or Traffic Authority in accordance with
this Section or Chapter 7 or from a private or public garage or parking space on private
property. (Code 1972 31 -24)
4-32.11 Operation By Females: Repealed. (Code 1972 31 -25; Ord.
#1436.1)
4-32.12 Operation By Person Other Than Owner Or Employee:
Recommended for Repeal (Code 1972 31 -26)
4-32.13 Agreement Between Owner And Driver For Lease Of Taxicab
Prohibited: Recommended for Repeal (Code 1972 31 -27)
4-32.14 Soliciting Patronage: It shall be unlawful for the owner, driver or
other employee or agent of a taxicab to solicit patronage of persons assembled at the
scheduled stop of any common carrier or at intermediate points along any established
route of such a carrier or at a stand of another taxicab owner when persons have
assembled-for ti]e purpose of using the service of a common carrier or vehicle of another
owner. However, this Subsection shall not be construed to prohibit or interfere with
response to any call for a taxicab made by telephone or by signal from a pedestrian.
(Code 1972 31 -28)
4-32.15 Provisions Of This Section To Be In Lieu Of Other Licensing
Provisions: All persons who shall come within the purview of and are subject to the
terms of this Section shall be excepted from this Chapter. (Code 1972 31 -29)