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Home My Public Portal AboutOrd. 1434~{ CITY OF LYNWOOD LOS ANGELES COUNTY, CALIFORNIA _ - -~._ ORDINANCE NO. ` .~:43~` AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING SECTION 4-32 OF CHAPTER 4 OF THE LYNWOOD MUNICIPAL CODE RELATING TO THE REGULATION OF TAXICABS AND TAXICAB DRIVERS ___ .THE CITY COUNCIL OF THE CITY OF LYNWOOD ORDAINS AS-POLL O1~4~S: ---. - __. __-- Section 1. Subsection 4-32.28 of Section 4-32 of Chapter 4 of the Lynwood Municipal Code is amended by adding thereto a new paragraph a to read as follows: "e. Evidence of compliance with a controlled substance and alcohol testing certification program. ~ That certification program, and compliance with it, must meet the following requirements: 1. The applicant must test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. (For purposes of this paragraph e, "employment" includes self-employment as an independent driver.) Taxicab drivers must also test negative for these controlled substances and for alcohol as a condition of permit renewal. As used in this subparagraph 1, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent. 2. Procedures of the certification program must be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver must show a valid California driver's license at -~ _ the time and place. of testi, ~g. Rccuire~ i ~Cnis for rehabilitation and for return-to- -- -~-- ~- ~ ~ - -duty and foliowup testing and other requirements must be substantially as iri Par4 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations. 3. A test conducted in another California jurisdiction will be accepted as meeting the testing requirement of the City of Lynwood. Any. negative test result will be accepted for one year as meeting a requirement for periodic permit renewal testing in the City if the driver has not tested positive subsequent to a negative result. However, an earlier negative result will not be accepted as meeting the preemployment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing. 4. If the permitted owner of the taxicab or taxicabs is an employer, and the applicant for a driver's permit is an employee or prospective employee, then the following additional requirements are applicable: (a) The test results must be reported directly to the permitted ;owner that is the employer, or prospective employer, of the applicant;for a driver's permit: The permitted owner is required to notify the City~of positive results with regard to any employee, or prospective employee, who is an applicant for a driver's permit or who seeks to, renew a driver's permit. (b) Permitted owners that employ taxicab drivers are responsible for compliance with, and must pay all costs of, this program with respect to their employees and prospective employees, except that a permitted owner may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and followup testing. (c) The permitted owner must notify the City upon termination of employment of a permitted taxicab driver. Upon termination, the driver's permit will become void, and the taxicab driver must return the permit to the h:\wordfile\trancntr\gary\tax icab2. doc ~ ~ ~~ .. Clty. 5. In the case of a-self-employed independent driver, the following additional requirements are applicable: (a) Self-employed independent drivers are responsible for compliance with, and must pay all costs of, this program with regard to themselves. (b) The test results must be reported directly to the City, and the City must then notify the taxicab leasing company of record, if any, of positive --- _ -___- - -results. (c) Upon the request of a driver applying for a permit, .the City will give the driver a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that are known to offer tests in or near the City. 6. All test results are confidential and may not be released without the consent of the driver, except as authorized or required by law. 7. No evidence derived from a positive test result pursuant to the program will be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances. 8. The City, by resolution, may levy service.` charges, fees, or assessments in an amount sufficient to pay for the costs of implementing and administering the procedures specified. in this paragraph e, which are mandated by California Government Code Section 53075.5." Section 2. Subsection 4-32.34 of Section 4-32 of Chapter 4 of the Lynwood ~ Municipal Code is amended by in its entirety to read as follows: ", r' --34 ~" -" Issuance of Permit.Upon approval of an application for a permit required by this Part B, the Traffic Authority will issue a permit to the applicant. The permit must contain the name, address, age, signature, and photograph of the permittee, and, if applicable, the name of the permittee's employer." - ~ Section 3. Subsection 4-32.35 of Section 4-32 of Chapter 4 of the Lynwood Municipal Code is amended in its entirety to read as follows: "4-32.35 Duration. A driver's permit issued by the Traffic Authority is effective for the entire calendar year within which it is issued. The permit may thereafter be renewed on a calendar year basis. upon payment of the applicable renewal fee and compliance with the controlled substance and alcohol testing certification program as specified in paragraph a of Subsection 4-32.28." Section 4. The City Clerk is directed to certify to the adoption of this Ordinance and to cause it to be published or posted as required by law. PASSED, APPROVED and ADOPTED this 4.th. ~~ -~--- June__,~~_ , 1996. PAUL H: RICHARDS, ll; MAYOR EST: ~1 j ANDREA L. HOOPER, CITY C ERK APPROVED AS TO FORM: ~l:~u,,,:.. ~ ?..ate.. CITY ATTORNEY h: \wordfi le\trancntr\~ary\taxicab2.doc <r~, i '1',rt>• ~.; =~~ li:. ..i t I•~`5.~ _n.-.~, ..'~ ~ J sir _ v STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF LYNWOOD ) I, ANDREA HOOPER, City Clerk of the City of Lynwood, California, do hereby certify that the foregoing. ordinance was duly and regularly adopted, passed acid approved by^tlie City Council of the" City of Lynwood; ~California~~ at a regular ~ ~~ ~~ meeting of said City Council held at the regular meeting place thereof on the~'~'~4ah June day of °~r ~::~ 1996 by the following vote: AYES COUNCILMEMBER BYRD, HEINE, HENNING,~REA, RICHARDS NOES NONE ABSENT NONE EXCUSED NONE , Dated this -°~` ::4th day of ^~_ ~ ~~!~~ , 1996 ~~~ Andrea L. Hooper, City Clerk Approved As To Form: City Attorney h:\wordfile\trancntr\gary\taxicab2. doc di is ~: k' ~} ^ ..., ~.~. r ~, ~;~' ~ ,. STATE OF CALIFORNIA ) . ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the Lynwood City ~.~uut.11- co-°r~~.:r-G:;y --cE~t~fy ~.iittL ~.ltc aw;~Je a ntZ. _~LOr~~o1nCJ, ZS a full ~ _ . true and correct copy of Ordinance No ., 1434 on ,file in rriy office and that, said ordinance was adopted on the 6th ,day ,of June 199,6, and passed by the following vote: AYES : COUNCILMEMBER BYRD, HEINE, HENNING, REA, RICHARDS NOES : NONE ~ i ABSENT: NONE i ~e City Clerk, City of Lynw od I -~ - ,. _. ~