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HomeMy Public PortalAboutOrd. 1637ORDINANCE NO. 1637 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 4 -32 OF THE LYNWOOD MUNICIPAL CODE REGULATING UNLICENSED TAXICABS WHEREAS, pursuant to California Vehicle Code Section 21100, the City has enacted an ordinance regulating the licensing and operation of taxicabs within the City under Lynwood Municipal Code Chapter 4 -32 but has no effective penalty provisions for violation of said regulations; WHEREAS, California Government Code Section 53075.61 authorizes a local transportation officer to seize, without a warrant, and impound unlicensed taxicabs illegally operating within the local jurisdiction but requires the immediate release of the same upon certain requirements, and California Vehicle Code Section 21100.4 authorizes a local transportation officers to seize, upon being issued a warrant, and impound unlicensed taxicabs for up to thirty (30) days; WHEREAS, the City has experienced an increase in the presence of unlicensed taxicabs illegally operating within the City's limits; WHEREAS, unlicensed taxicabs pose a great threat to public safety because they oftentimes do not have insurance, are poorly maintained, and are difficult to regulate; WHEREAS, the City Council of the City of Lynwood ( "Council ") desires to deter the illegal operation of unlicensed taxicabs within the City's limits and to empower its local transportation officers with the ability to seize and impound unlicensed taxicabs for up to thirty (30) days. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 4 -32.1 of the Lynwood Municipal Code, entitled "Definitions" is hereby amended by adding the following definitions applicable to Chapter 4 -32: "Traffic Authority shall mean the Chief of Police of the City, his or her designee, or any enforcement officer authorized under this Code to enforce the provisions of this Chapter." "Unlicensed Taxicab shall mean any taxicab operating on the public streets of the City that does not have a valid permit required under Section 4 -32.17 or 4 -32.27 of this Code." Section 2. Part F of Chapter 4 -32 of the Lynwood Municipal Code is hereby added in its entirety to read as follows: "PART F: UNLICENSED TAXICABS 4 -32.56 Violation; Penalty. It is unlawful for any person or entity to operate a taxicab without a valid taxicab permit, license, or certificate issued under Section 4 -32. Any person violating this Section is guilty of a misdemeanor unless the Traffic Authority charges the offense as an infraction. Whenever the Traffic Authority determines that a violation of this Section has occurred, the Traffic Authority may impose any combination of administrative, civil, and criminal penalties allowed under this Code. 4 -32.57 Issuance and Service of Citations. a. Whenever the Traffic Authority determines that a provision of this Chapter has been violated, the Traffic Authority is authorized to pursue administrative fines pursuant to this Section. A fine shall be assessed by means of an administrative citation issued by the Traffic Authority and shall be payable directly to the City of Lynwood. The citation shall state all of the following information: 1. Date, approximate time, vehicle information, and address or detailed description of the location where the violation(s) occurred; 2. An amount of the administrative fine not to exceed one thousand dollars ($1,000.00) and explanation of how the fine shall be paid and the time period by which it shall be paid; 3. The code sections or conditions violated and a description of the violation(s); 4. An order to the responsible person to correct the violations within the time specified in this chapter, if applicable, and an explanation of the consequences of failure to correct the violation(s); 5. An order prohibiting the continuation or repeated occurrence of the violation described in the administrative citation; 6. A notification that payment of the fine does not excuse or discharge the failure to correct the violation and does not bar further enforcement action by the City; 7. A statement that if the fine is not timely paid, a late payment penalty of twenty five percent (25 %) of the amount of the fine will be added to the fine; 8. Identification of rights of appeal pursuant to Chapter 20 of this Code, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation; and 9. The name and signature of the Traffic Authority officer, the name and address of the responsible person, and, if possible, the signature of the responsible person. b. Administrative fines imposed for violations of this Section shall be consistent with Chapter 20 of this Code. To the extent the provisions of this Section conflict with Chapter 20 of this Code, the provisions of this Chapter shall prevail. The penalties and methods of enforcement set forth in this Section are in addition to any other penalties or methods of enforcement authorized by law. C. Failure of the person or entity cited to follow the procedures set forth in herein shall constitute a failure to exhaust administrative remedies and shall preclude the person or entity cited from asserting standing for judicial review of the validity of the citation. d. Any person aggrieved by the action of a hearing officer taken pursuant to Chapter 20 may obtain review of the administrative decision by filing a petition for review in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. 4 -32.58 Immediate Impoundment (Without A Warrant) of Unlicensed Taxicabs. a. Impoundment. Any person authorized by the Traffic Authority to cite any person or entity for operating a taxicab without a valid taxicab permit, license, or certificate, in violation of Section 4 -32, may, upon issuance of a criminal citation, immediately impound and retain possession of any vehicle used as an unlicensed taxicab. b. Notice. If the person from whom the vehicle is seized is not the registered owner of the vehicle, the impounding authority shall immediately give notice to the owner by certified first class mail, return receipt requested. C. Return of the Vehicle. The vehicle shall be returned to the registered owner of the vehicle upon one of the following conditions: 1. Payment of any fine ordered by the court and the impounding agency; or 2. The violation is not prosecuted or is dismissed, the person is found not guilty of the offense, or it is found that the vehicle was used without the knowledge and consent of the registered owner of the vehicle. If the vehicle is returned pursuant to this subsection (2), the vehicle shall be returned without any cost to the owner. d. Motion to Court for Return of Vehicle. At any time, a person may move the court for the immediate return of the vehicle on the ground that there was no probable cause to seize and impound said vehicle, or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this subsection (d) is a proceeding in a limited civil case. e. Unclaimed Vehicle. If, after the expiration of six weeks from the final disposition of the criminal case, the vehicle is not returned or claimed, the City shall deem the vehicle as lost or abandoned property under Section 1411 of the Penal Code. f. The Traffic Authority shall not impound any vehicle owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code which serves youth or senior citizens and provides transportation incidental to its programs or services. 4 -32.59 Immediate Impoundment (With A Warrant) of Unlicensed Taxicabs. a. Warrant. Any person authorized by the Traffic Authority to cite any person or entity for operating a taxicab without a valid taxicab permit, license, or certificate, may present an affidavit to a court magistrate establishing reasonable cause that a vehicle (including vehicle type and license number) is being operated as an unlicensed taxicab in violation of Section 4 -32. b. Impoundment. Upon the issuance of a warrant by the court magistrate pursuant to subsection (a) above, which warrant shall be entered into a computerized database, the Traffic Authority may, upon seeing the vehicle within the City, immediately impound and retain possession of the vehicle for up to thirty (30) days. C. Notice. Within two (2) business days of impoundment, the City shall send notice by certified first class mail, return receipt requested, to the legal and registered owner of the vehicle, informing the owner(s) that the vehicle has been impounded and providing a copy of the warrant or court order. Failure to provide notice as stated herein shall prohibit the City from charging for more than fifteen (15) days' impoundment when a legal owner claims the impounded vehicle. d. Post - seizure Hearing. A registered or legal owner, or authorized agent thereof, shall, upon request, be provided a post- seizure hearing before the court magistrate issuing the warrant to determine the validity of the impoundment. 1. Notice shall be mailed or personally delivered to the registered and legal owners within 48 hours after issuance of the warrant or court order, excluding weekends and holidays, by the person or agency executing the warrant or court order, and shall include all of the following information: A. The name, address, and telephone number of the City; B. The location of the place of storage and a description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage of the vehicle; C. A copy of the warrant or court order and the affidavit, as described, in subsection (a) above; and D. A statement that, in order to receive the post- seizure hearing, the owners, or their agents, are required to request the hearing from the court magistrate issuing the warrant or court order in person, in writing, or by telephone, within 10 days of the date of the notice. 2. Failure of either the registered or legal owner, or his or her agent, to request, or to attend, a scheduled hearing satisfies the post- seizure hearing requirement. 3. The City shall be responsible for the costs incurred for towing and storage of the vehicle if it is determined in the post - seizure hearing that reasonable grounds for the impoundment are not established. e. Costs. Notwithstanding any other provision in this Section, the registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5 of the California Vehicle Code incurred by the registered owner. f. Release of Vehicle to Registered Owner Prior to End of Impoundment Period. The City shall release a vehicle to the registered owner or his or her agent prior to the end of the impoundment period and without the permission of the court magistrate authorizing the vehicle's seizure under any of the following circumstances: 1. When the vehicle is a stolen vehicle. 2. When the vehicle was seized under this Section 4 -32.59 for an offense that does not authorize the seizure of the vehicle. A vehicle may not be released under this subsection (f), except upon presentation of the registered owner's or agent's currently valid permit, license, or certificate issued under Section 4 -32.17 or 4 -32.27 and proof of current vehicle registration, or upon order of the court. g. Release of Vehicle to Legal Owner Prior to End of Impoundment Period. A vehicle removed and seized under subdivision (a) shall be released to the legal owner of the vehicle or the legal owner's agent prior to the end of the impoundment period and without the permission of the court magistrate authorizing the impoundment of the vehicle if all of the following conditions are met: 1. The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person, not the registered owner, holding a security interest in the vehicle. 2. The legal owner or the legal owner's agent pays all towing and storage fees related to the impoundment of the vehicle. A lien sale processing fee shall not be charged to the legal owner who redeems the vehicle prior to the 15th day of impoundment. No administrative charges authorized under Section 22850.5 of the California Vehicle Code shall be charged to the legal owner or its agents unless the legal owner voluntarily requested a post- seizure hearing. 3. The legal owner or the legal owner's agent presents to both the City and the person or entity in possession of the impounded vehicle, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the California Business and Professions Code; a release from the one responsible governmental agency; a government- issued photographic identification card; and any one of the following as determined by the legal owner or the legal owner's agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. No other documents shall be required to be presented. The documents may be originals, photocopies, or facsimile copies, or may be transmitted electronically, and shall not be required to be notarized. The legal owner does not have to request a post- seizure hearing for the release of the vehicle prior to the end of the impoundment period." Section 3. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, phrase, or portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. This Ordinance shall take effect thirty (30) days after its final passage. Section 5. The City Clerk of the City of Lynwood is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law. First read at a regular meeting of the City Council held on the 15th day of February, 2011 and adopted and ordered published at a regular meeting of said Council held on the 1 st day of March, 2011. ATTEST: Aide Castro, Mayor Roger L. Hale Kcity Manager APPROVED AS TO FORM: -Aal - Fred Gala te, ity Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) APPROVED AS TO CONTENT: Jo athan Colin, Director of Development Services 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 its regular meeting held on the 1St day of March, 2011. AYES: COUNCIL MEMBERS FLORES, MORTON, RODRIGUEZ, CASTRO, AND SANTILLAN NOES: NONE ABSTAIN: NONE ABSENT: NONE FEW MR) ) ""Al PMria MQuinonez, RCitf�Aderk d STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the 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. 1637 in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 1St day of March, 2011. ria Quinonez —City Clerk