Loading...
HomeMy WebLinkAboutNS-1180ORDINANCE NS-11~0 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REPEALING CHAPTER 38 OF THE SANTA ANA MUNICIPAL CODE AND EN- ACTING A NEW CHAPTER 38, ENTITLED "VEHICLES FOR HIRE," REQUIRING A CERTI- FICATE OF PUBLIC CONVENIENCE AND NECES- SITY FOR THE OPERATION OF SUCH VEHICLES, DESCRIBING RULES AND STANDARDS FOR OPERATION AND CONTROLS OF SUCH VEHICLES, AND PROVIDING FOR THE ADMINISTRATION AND ENFORCEMENT OF SUCH ORDINANCE. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1: Chapter 38 of the Santa Ana Municipal Code, Vehicles for Hire, together with all amendments thereto, consisting of Sections 38-1 to Section 38-20 inclusive, is hereby repealed. Section 2: That the Santa Ana Municipal Code is hereby amended by adding a chapter, to be numbered Chapter 38, which said chapter reads as follows: Chapter 38 - Vehicles for Hire Section 38-1 - Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: AMBULANCE is a privately-owned vehicle equipped or used for transporting the wounded, injured, sick or dead, and shall include, but not be limited to, emergency vehicles used for such purposes. CERTIFICATE means a Certificate of Public Convenience and Necessity issued by the City of Santa Ana authorizing the holder thereof to conduct an ambulance, motorbus, taxicab, or other vehicle for hire business in the City. CHIEF OF POLICE shall mean the Chief of Police of the City or his duly authorized subordinates. CITY MANAGER shall mean the City Manager of the City, or his duly authorized subordinates. COMPENSATION as used in this chapter means and includes any money, thing of value, payment, consideration, reward, ti~ donation, gratuity or profit paid to, accepted, or received by the driver of any vehicle in exchange for transportation of a person, or persons, whether paid upon solicitation, demand or contract, or voluntarily, or intended as a gratuity or donation. CRUISING shall mean the movement or standing of a taxi-6-~ on the public highways or public places for the purpose of searching for or soliciting a passenger for hire. -1- DRIVER means every person in charge or control of, or driving or operating any motor vehicle upon the streets, alleys or highways of the City, either as owner, agent, employee or otherwise. DRIVER'S PERMIT means and includes the permit issued by the Chief of Police to any person operating or driving any vehicle as defined in this chapter. FIXED TAXI STAND shall mean a space set aside for the exclusive use of one or more taxicabs with marked stalls for each taxicab operating therefrom and which is clearly identified with a sign stating the name and telephone number of the operator of such stand. HEARING OFFICER shall mean any person appointed by the Clerk of the Council to conduct the public hearing, submit written findings, conclusions and recommendations. HOLDER shall mean any person holding a Certificate of Public Convenience and Necessity from the City of Santa Ana. JITNEY means and includes every vehicle authorized pursuant to this chapter to engage in the business of carrying passengers for hire along a fixed route of travel. MANIFEST means a daily record prepared by the driver or the management office of all trips made by any ambulance or taxicab showing the date and place of origin, destination, number of passengers, and the amount of charge to each passenger. MOTORBUS includes every motor vehicle used in the business of carrying passengers for hire which re- ceives and discharges passengers along the fixed route traversed by it; shall not include a taxi- cab, or any inter-city bus regulated by the Public Utilities Commission. OWNER includes every person, partnership, firm, entity, corporation or stockholder thereof, having legal use, control, or title of any motor vehicle as herein defined, whether as owner, lessee, or otherwise. PARTIAL STOPPAGE shall mean the furnishing of less than the regularly scheduled bus transportation service due to work stoppage, slow down, labor dis- pute, or when no regular bus service is scheduled during the interval from termination of the day's scheduled bus service and the commencement of the next day's scheduled bus service. PASSENGER FOR HIRE shall mean a person transported in a taxicab for consideration. PUBLIC CONVENIENCE AND NECESSITY is a genuine need for public passenger vehicles for hire, to serve promptly, adequately, and efficiently the needs and convenience of the general public. This determina- tion will be made at a public hearing. -2- STREET shall mean any place commonly used for the purpose of public travel. TAXICAB shall mean a motor vehicle used in the busi- ness of transportation of passengers for hire, where transportation is not over a fixed and definite route, but is under the control, as to destination and/or route, of the passenger or passengers being carried therein. TAXICAB TERMINAL shall mean any office, station, building, stand, substation or other place of business of a duly authorized holder at which calls are receiv- ed, or may be received, from prospective passengers for hire, from which place of business the holder directs the dispatch and return taxicabs used in the taxicab service for which the Certificate of Public Convenience and Necessity has been granted. TAXIMETER shall mean any mechanical instrument, applicance, device or machine by which the charge for hire of a motor vehicle is mechanically calculated, either for distance traveled or time consumed, or both, and on said instrument, appliance, device or machine such charge is indicated by figures. TOP LIGHT shall mean an electrically operated sign with lights of a color and design approved by the Chief of Police. TOTAL STOPPAGE shall mean the complete halting of bus transportation service furnished within the City of Santa Ana resulting from a labor strike or a disaster. WAITING TIME shall mean the time when the taxicab is not in motion from the time of acceptance to the time of discharge of a passenger, including any time the taxicab is not in motion due to traffic or the request, act or fault of the passenger. The first three minutes elapsing prior to the arrival of the passenger at the beginning of a trip shall not be considered as waiting time, and in no ev~t shall any time be considered as waiting time for any period prior to the time of arrival designated by the prospective passenger when requesting the taxicab. Section 38-2 - Certificate of Public Convenience and Necessity Required. No person shall engage in the business of operating or permit to be operated any ambulance, motorbus or taxicab owned or controlled by him, as a vehicle for hire upon the streets of the City without first ob- taining a Certificate of Public Convenience and Necessity from the City Council and having affixed to each vehicle a permit as required by Section 38-18 of this Chapter and a device as required by Section 38-20a of this Chapter. -3- Section 38-2a. - Same-Prohibition No person shall operate an ambulance, motorbus or taxicab as a vehicle for hire upon the streets of the City unless that vehicle has been affixed with the appropriate sticker or device evidencing that it is authorized to operate within the City of Santa Ana as a vehicle for hire. Section 38-3 - Same-Application. An application for a Certificate of Public Conve- nience and Necessity shall be filed with the Clerk of the Council, be verified under penalty of per- jury, be accompanied by a fee in the amount of one hundred dollars ($100.00), and shall contain the following information: (1) The name, age, residence, and business address, driver's license number, and present occupation of the person apply- ing for such license. If the applicant is a partnership or association, the names, ages, residence addresses, driver's license numbers, and occupations of all partners shall be given, and if the applicant is a corporation, the names, ages, residence addresses, driver's license numbers, and occupations of all officers, directors stockholders thereof shall be given in addition to the value and number of shares owned and issued to each. (2) A sworn financial statement of the ap- plicant prepared by a certified public accountant with audit if an individual or corporation, or, if an association or partnership, a sworn ~inancial state- ment of each of the persons financially interested in the business; a statement as to whether or not the applicant or any of the persons herein mentioned has any unpaid judgments standing against him, and if so, the nature of the transaction or acts giving rise to such judgments, the court in which the same were render- ed, and the amount of each unpaid or un- bonded judgment; a statement of any bankruptcies either personal or business of the applicant including the nurflber, court and the date of discharge. (3) The experience of the applicant, both in the City of Santa Ana and elsewhere, in the operation of ambulances, motorbuses, or taxicabs or other common carriers for the transportation of passengers. (4) The facts which applicant believes tend to establish that public convenience and necessity require the granting of a certificate. - 4 - (5) (6) (7) (8) (9) (10) (11) (12) The number of vehicles to be operated or controlled by the applicant and the makes, body styles, years, serial and engine numbers, state license plate numbers, name of legal owner, and seating capacity of the ambulances, motorbuses or taxicabs for which such Certificate of Public Convenience and Necessity is being applied for. A description of the proposed color scheme, insignia, trade, style and any other dis- tinguishing characteristics of the pro- posed design to be used to designate applicant's vehicle. Whether or not the applicant for such Certificate of Public Convenience and Necessity, any of the members, officers, or directors of applicant thereof has, at any time within five years prior to the. date of such application been arrested, convicted or pleaded guilty to any crime, felony or misdemeanor, and, if so, the date, nature of the offense or arrest and the court in which such charge was made, conviction was obtained or plea of guilty was entered, and the disposition of the case and imposition of sentence and its terms. The place or places within the City of Santa Ana, or elsewhere, where the per- son applying for such Certificate of Public Convenience and Necessity proposed to establish his office and from which he proposes to operate. Whether there are any liens, mortgages, or other encumbrances, including but not limited to conditional sales contracts, on such ambulances, motorbuses, or taxicabs and, if so, the amount and character thereof and the name of the holder thereof. Whether or not said applicant has ever had any permit, franchise or Certificate of Public Convenience and Necessity issued to him that has been suspended or revoked and, if so, circumstances of such suspension or revocation whether in the City of Santa Ana or elsewhere. The make and type of taximeter intended to be installed on each taxicab for which such application is made. A passenger vehicle inspection check list from the Santa Ana POiic~ DePartment indicating that each taxicab proposed to be operated has been inspected within the last three months and is in a safe -5- (13) (14) (15) (16) (17) (18) (19) (20) operating condition and the sticker on the right front of each vehicle's wind- shield showing that each vehicle has passed said safety inspection. A policy of insurance in the manner and form required by this chapter from a responsible, solvent insurance carrier authorized to issue public liability and property damage insurance in the State of California. An agreement that in the event the applica- tion is granted, the applicant will keep in operation at all times a sufficient number of taxicabs to meet the public convenience and necessity; however, at no time shall he operate less than five (5) taxis. Each application must be for a minimum of not less than five (5) taxicabs. An agreement whereby applicant agrees that he will maintain on the premises of his principal place of business, in operating order at all times, one telephone line for every eight (8) taxicabs for which a license has been granted, and that at all times there will be an operator in charge of said telephone or telephones who shall devote himself exclusively to answering said telephones and dispatching taxicabs in response to requests therefor. A statement that no ambulance, motorbus, or taxicab shall be kept garaged, serviced, maintained or repaired on any premises where the zoning chapter of the Santa Ana Municipal Code does not permit the same. A statement listing the registered and legal owner of said vehicles and the addresses of either registered and/or legal owner or owners. A schedule of rates proposed to be charged. If applicant is a corporation, copies of Articles of Incorporation, bylaws, any permits or notifications for the issuance of shares, filed with or issued by the commissioner of corporation. Such other information as the Hearing Officer, City Council, City Manager, or Chief of Police may deem necessary in all applications or in individual applications for the proper protection of the public. - 6 - Section 38-4 - Same- Absence of Public Convenience and Necessity Before any Certificate of Public Convenience and Necessity to operate an ambulance, motorbus, or taxicab in the City of Santa Ana may be granted by the City Council, a public hearing shall be held to determine whether the Public Convenience and Necessity require a proposed service for which application is made. If the Public Convenience and Necessity does not require the proposed service, as finally determined from investigations and from the hearing, no Certificate of Public Convenience and Necessity for such additional service will be granted by the City Council. Section 38-5 - Same-Notice of Hearing and Appoint- ment of Hearin~ Officer. Upon the filing of an application, the Clerk of the Council shall appoint a hearing officer and fix a time and place for public hearing thereon. If two or more applications are on file, the Clerk may schedule all such applications to be heard at the same time. Written notice of the time and place of the hearing shall be given to the applicant or applicants and to all persons holding similar Certificates or engaged in like businesses in the City, at least ten (10) days prior thereto, by either causing a copy of such notice to be delivered to the applicant(s) and above described persons. personally or by mailing a copy thereof by certified or registered mail addressed to the applicant(s) at the address or addresses shown in the applica- tion and to all other persons at their last known address. Notice shall be given to the public by publication in the newspaper published in the City not less than five (5) days nor more than fifteen (15) days prior to the date of the hearing. The notice shall be substantially in the following form: "You are hereby notified that a hearing will be held before (name of hearing officer) at on the day of , 19 at the hour of on the applic-~ion of for a Certificate of Convenience and Necessity to operate in the City of Santa Aha. You may be present at the hearing. You may, but need not be represented by counsel. You may present any relevant evidence and you will be given full opportunity to rebut the testimony of all persons testifying at this hearing. "You are reminded that pursuant to Section 38-6 of the Santa Ana Municipal Co~, the applicant has the burden of proof at this hearing." -7- Section 38-5a. - Same-General Powers of the Hearing Officer. The Hearing Officer may receive and rule on the ad- missibility of any evidence, hear testimony under oath, call witnesses as he may deem advisable in the course of the hearing, and may elect to hear all the applicants on the issue of Convenience and Necessity and then hear the individual applicants on the issue of fitness, etc., in the order of the filing of their applications. Section 38-6 - Same-Burden of Proof. In the hearing provided for herein, the burden 6f proof shall be upon the applicant to establish by clear, cogent, and convincing evidence that the public convenience and necessity require such operation of the service for which application has been made and that the applicant is fit and able to perform such transportation of persons and property as proposed in the application. Section 38-7 - Same-General Procedure to be Followed by the Hearing Officer. The Hearing Officer shall substantially follow the procedure and consider the factors set forth herein: The Hearing Officer shall first determine whether further service of the type proposed by the applicants is required in'the City of Santa Ana by public convenience and necessity. In making such finding, the Hearing Officer shall take into consideration the following: a. The number of vehicles already authorized in the City. b. Whether existing authorized vehicles are adequate to meet the public needs. c. The probable effect of the proposed increase in vehicle number on local taxi conditions. Whether the increased service will result in competition that will be adverse to the public interest. e. The working conditions and wages paid to drivers. The resulting effect uponthe business of the existing operators and upon existing agencies of mass transportation. g. The demand of the public for additonal service. h. The ratio of population to the number of authorized taxicabs in comparable cities. i. Whether the present service is inadequate. If the Hearing Officer finds that the public con- venience and necessity requires additional vehicles for hire, he shall then determine how many addition- al vehicles for hire are required by the public convenience and necessity. -8- Thereafter, the Hearing Officer shall determine whether the applicant is fit and able to per- form such public transportation and to con- form to the provisions of this chapter and the rules and safety standards established by the City of Santa Ana. in making such determination, he shall take into consideration the character, experience, and responsibility, including finan- cial responsibility, of the applicant and such other relevant facts as he may deem advisable. Section 38-7a. - Same-Report of the Hearing Officer. The Hearing Officer shall within a reasonable time (not to exceed thirty (30) days from the date the hearing is closed) submit a written report to the Council. Such report shall contain a brief summary of the evidence con- sidered and state the officer's findings, conclusions and recommendation. The recommendations shall include whether public convenience and necessity requires ad- ditional service; if so, whether the applicant is fit and able, the number of certificates the applicant should be issued. The report shall also contain a pro- posed decision in such form that it may be adopted by the Council as its decision in the case. All such re- ports filed with the Council shall be matters of public record. A copy of each such report or proposed decision shall be mailed to each party (by certified mail) on the date it is filed with the Council. Section 38-7b. - Same-Consideration by the City Council- Notice. The Council shall fix a time, date and place to consider the Hearing Officer's report and proposed decision. Notice thereof shall be mailed to each interested party not less than five (5) days prior to the date fixed, un- less it is otherwise stipulated by all parties. Section 38-7c. - Same-Exceptions to Report. Not later than three (3) days before the date set to consider the report, any party may file written ex- ceptions to any part thereof and may attach thereto a proposed decision together with written argument in support of such decision. By leave of the Council, any party may present oral argument to the Council. Section 38-7d. - Same-Disposition by the City Council. The City Council may adopt or reject the proposed decision in its entirety, or may modify the proposed decision. -9- Section 38-7e. Same-Proposed Decision Adopted. If the Council adopts the decision in its entirety, it shall instruct the Clerk of the Council to: (1) Issue such certificates of convenience and necessity as were recommended by the Hearing Officer. (2) Deny the application or applications because: (a) There was no finding by the Hearing Officer that the public convenience and necessity requires additional service of the type proposed; or there was a finding that the applicant was either not fit and/or able to perform such public transportation; and/or not able to conform to the provisions of this chapter or rules and safety standards established by the City of Santa Ana. Section 38-7f. Same-Proposed Decision Rejected. If the Council chooses to reject the proposed decision as to an individual applicant, then it may decide the case upon a review of the entire record before the Hearing Officer, taking into consideration those factors set forth in Section 38-7, with or without taking additioD~l evidence; or may refer the case to the same or another hearing officer to take additional evidence. The Council may refer the matter to the same or another ~earing Officer with or with- out instruction that the,.-matter of convenience and necessity has already been proven or the matter of the applicant's fitness and ability to perform public transportation has been proven. If the case is reassigned to a hearing officer, he shall pre- pare a report and proposed decision as provided in Section 38-7a, hereof, after hearing additional evidence and the new decision shall be considered by the Council as provided in Section 38-7d. Section 38-7q. Same-Modification of Proposed Decision. If the Council chooses to modify the proposed decision only with respect to the total number of certificates required or the number of certificates to be granted to one or more applicants, it may refer the matter to the Hearing Officer for rehearing or hear the matter directly, limiting additional evidence to that issue. Section 38-8. Certificate of Public Convenience and Necessity-Grounds for Denial. In addition to the grounds set forth governing the issuance of a certificate of public convenience and necessity upon which an application may be denied, City Council or the Hearing Officer may deny the same if it shall appear to its/his satisfaction that such vehicle or vehicles pro- posed to be operated are inadequate or unsafe; that the applicant has been convicted of a felony; that the name under which the applicant will do business or the applicant's proposed color scheme or other insignia will tend to confuse the identification of the vehicles proposed to be operated by such applicant, with those of another operating in the City. - 10 - In the event that an application for a Certificate of Public Convenience and Neces- sity is denied by the City Council, such applicant shall not apply for a certificate of public convenience and necessity for a period of one year following the date of such denial. Any application filed within such one-year period by an entity over which the prior applicant has substantial control, or by any corporation where such prior applicant has a substantial ownership interest shall be deemed to be filed by such prior applicant. Section 38-9 - Certificate of Public Convenience and Necessity-Transfer. No certificate may be sold, assigned, mortgag- ed, leased, or otherwise transferred without the consent of the Council, nor shall any stock be transferred in any corporation hold- ing, any certificate be assigned, transfer- red, sold, or hypothecated without the consent of the Council. Violation of this section shall constitute grounds for revocation of the Certificate. Section 38-10 - Certificate of Public Con- venience and Necessity-Suspension and Revocation; Appeal to Council. A Certificate of Public Convenience and Necessity issued under the pro- visions of this chapter may be revoked or suspended by the Chief of Police, the City Manager or their delegate if the holder thereof: Violates any provisions of this chapter. Discontinues operation for more than thirty (30) days. Violates any ordinance or statute of the State or the United States, which violation indicates the unfitness or indifference of the holder to offer safe and adequate public transportation or would constitute grounds for the denial of the certificate. -11- Allows the number of vehicles to fall below the number of permits issued and does not replace the vehicles required to meet the number of permits issued within thirty (30) days thereafter. Commits any act which would have been grounds for the denial of the application. In the event that the Chief of Police or the City Manager has evidence that any of the requirements or pro- visions of this chapter have been violated, he shall set forth such evidence in writing and serve on the holder, by registered mail or personal service, notice that with- in a period of not less than ten (10) days from the date of service of said notice, a hearing shall be conducted by the Chief of Police, the City Manager or their delegate to allow the holder to rebut the alleged facts which constitute grounds for suspension or revocation of the Certificate of Public Convenience and Necessity. The notification shall include the date, time, and place of the hearing as well well as a statement of the facts rele- vant to the case. The holder may have the assistance of counsel or may appear without counsel and shall have the right to present evidence, including testimony under oath. In the event that the holder fails to appear at the hearing, the evidence of the existence facts which constitute grounds for the suspension or revocation of the Certifi- cate of Public Convenience and Necessity shall be presumed true and may be sub- mitted by way of written affidavit. At the conclusion of said hearing, or as soon as possible thereafter, the ~earing Officer shall render his decision with respect to revocation or suspension of said Certificate of Public Convenience and Necessity. within~ten (10) days after the date of mailing to the holder and posting at the city Hall the notification that the Certificate of Public Convenience and Necessity has been suspended or revoked~ -12- the holder may file with the Clerk of the Council a written request for an appeal before the City Council. The appeal to the City Council shall not stay the revocation or suspension pend- ing any appeal. Upon the filing of such request, the Clerk of the Council shall set a time and place for hearing and shall notify the applicant therof. The hear- ing shall be held thirty (30) days after the request is filed. At the hearing, the Council shall review the evidence present- ed and the findings of fact and conclusions reached at the revocation hearing. Not later than five (5) days before the date set for hearing, any party may file writ- ten exceptions to the evidence presented or the findings reached at the revocation hearing. By leave of the Council, any party may present oral argument to the Council. At the conclusion of the hear- ing, the Council shall either affirm or reject the decision rendered at the revocation proceeding. If the Council rejects the revocation decision, then it may either decide the matter itself, based on all the evidence that has been presented, or remand the matter back for further proceedings consistent with their opinion. Section 38-11 - Same-Surrender. Certificates which shall have been suspended or revoked by the Chief of Police, the City Manager or their delegate shall, forthwith, be surrendered to the Chief of Police, the City Manager or his delegate, and the operation of any ambulance, motorbus, or taxi- cab, covered by such certificates shall cease. Section 38-12 - Insurance-Motor Vehicle Liability Policy Required. It shall be unlawful for any owner to drive or operate or cause or permit to be driven or operated, any ambu- lance, motorbus, taxicab, or automobile for hire in the City of Santa Ana unless such owner shall have placed on file with the Clerk of the Council a motor vehicle liability insurance policy, covering each ambulance, motorbus, taxicab or automobile for hire, issued by a solvent corporation holding a certificate of authority to do insurance business in the State of California, which policy shall conform in all respects to the requirements of this chapter. Section 38-13 - Same-Liability Amounts The required motor vehicle liability policy shall in- sure the owner, and any other person using or responsi- ble for the use of any such vehicle, with the consent, expressed or implied, of such owner, against loss from the liability imposed upon such owner by law for in- jury to, or death of any person, or damage to property growing out of the maintenance, operation or ownership -13- of any ambulance, motorbus, taxicab, or automobile for hire, in the amount of one hundred thousand dollars ($100,000.00) for bodily injury to any one person, in the amount of three hundred thousand dollars ($300,00.00) for bodily injury to more than one person which are sustained in the same accident and one hundred thousand dollars ($100,00.00) for property damage resulting from any one accident and providing protection coverage against Uninsured motor- ists with limits of liability of fifteen thousand dollars ($15,000.00) for each person and thirty thousand dollars ($30,000.00) for each accident, and providing passenger medical payment coverage with limits of liability of one thousand dollars ($1,000.00) for each person, or a statement in the insurance cer- tificate that the passengers will receive medical payment to a limit of one thousand dollars ($1,000.00). Section 38-14. - Same-Non-Cancellation Clause. Every motor vehicle liability policy, or policies re- quired under the powers of this chapter shall be a con- tinuing liability up to the full amount thereof not- withstanding any recovery thereon. All motor vehicle liability policies shall he subject to the approval of the City Manager in any and all matters and if at any time, in the judgment of the city Manager, said motor vehicle liability policies are not sufficient for any cause, said City Manager may require the owner of such ambulance, motorbus, taxicab, automobile for hire, or tour vehicle to immediately cease all operation of business due to non-compliance. If said owner fails to replace said motor vehicle policies within said ten (10)days with good and sufficient policies as afore- said, then at the termination of said period the owner's Certificate of Public Convenience and Necessity issued hereunder shall be by such failure automatically sus- pended until such time as said requirement is complied with, and the Chief of Police shall enforce such sus- pension. Such policy or policies of insurance shall be presented to the City Attorney and approved by him as to form. Section 38-15. - Insurance - Policy Endorsement. Every policy and every certificate of motor vehicle liability insurance filed with the Clerk of the Council in conformity with the provisions of this chapter shall contain the following endorsements: (1) It is hereby understood and agreed that, notwithstanding expressions inconsistent with or contrary thereto in this policy contained, the policy is specifically is- sued to cover a motor vehicle as defined in Chapter 38 of the Santa Aha Municipal Code. This policy shall inure to, and be for the benefit and protection of, anyone who shall sustain any damages or injury, or to the heirs, personal representatives, administrators, executors or assigns of any such person who may be so damaged or injured or suffer death by reason of the operation of the motor vehicle or from the defective condition thereof. Liability under this policy shall be in no manner abrogated or abated by the death of the feasor or the insured. -14- (2) This is a continuing liability up to the full amount hereof, notwithstanding any action or recovery thereon. (3) No cancellatiQn or reduction in coverage of this policty for any reason whatsoever shall be- come effective until the expiration of twenty (20) days after written notice of such cancellation or reduction in coverage shall have been given to the Clerk of the Council of the City of Santa Ana, said period of twenty (20) days to commence to run from the date said notice is actually received in the office of the Clerk of the Council. Section 38-16. Bond in Lieu of Liability Policy. Subject to the approval of the City Attorney and the City Manager, the owner of any ambulance, motorbus, taxi- cab or automobile for hire operated under the provisions of this chapter may file a bond of a responsible and solvent corporation authorized to issue such bonds under the provisions of the State of California, containing the conditions and giving the protection required in the vehicle for hire liability policy required by Sections 38-12, 38-13, 38-1~, and 38-15, in lieu of either all or any part of the insurance coverage required by said sections. In the event of the filing of a bond under the provisions of this section, the applicable provisions of Section 38-12, 38-13, and 38-14, shall govern the furnishing of said bond and the owner filing it. Section 38-17. License-Fee To Be Paid. It shall be unlawful for any owner to drive or operate or cause or permit to be driven or operated, any ambulance, motorbus, taxicab or automobile for hire on the streets of the City of Santa Aha until he has complied with all provisions set forth in this chapter and has paid the busi- ness license tax for each vehicle for the current calendar year, as provided in Section 21-72 (41). The annual fee for a vehicle for hire shall be in the amount as provided in Section 21-72 (41); provided that, when a business license fee has already been paid on a vehicle and that vehicle is within the year, replaced by another vehicle, the unexpired portion of the license fee paid on the vehicle so replaced shall be credited to the license fee payable for the substitute vehicle. For the purposes hereof, the unexpired portion of the license fee paid on the vehicle which has been replaced shall be that portion of the annual fee which is equal to 1/12 of said fee multiplied by the number of full months remaining during the current licensing year. Whenever a vehicle li~ehsed &s a vehicle for hire is re- placed by another vehicle by the provisions of this chapter, the sum of five dollars ($5.00) transfer fee in addition to the license fee shall be paid by the owner of the vehicle. The previously issued vehicle permit or device is to be surrendered at the time the transfer is made. -15- Section 38-18 - License-Vehicle Permit. Every motor vehicle so licensed shall have attached thereto in a conspicuous place in the lower left hand corner of the rear window, a vehicle permit issued hy the Director of Finance or his designated agent. Section 38-19 - License-Number of Vehicle Permits. No owner shall operate more vehicles in the City of Santa Ana or hold a greater number of permits for operating vehicles in the City than is permitted by the number of Certificates of Public Convenience and Necessity issued by the City Council to such owner. Section 38-20 - License-Record of Vehicle Permit. The Finance Director or his designated agent shall maintain a record by Vehicle Permit Number showing the type, make, passenger capacity, engine number, state license number, registered owner, legal owner, and such other information pertinent to the vehicle bearing the vehicle permit. Section 38-20a. - Affixing of Vehicle Permit and Device Evidencing Certificate. The Finance Director or his designated agent shall at the time he affixes a vehicle permit to the vehicle for hire, also affix a device which will indicate that this is a vehicle for which a Certificate of convenience and Necessity has been granted by the Council. Section 38-21 - Driver Permit-Required. No driver, owner, dispatcher, or operator of an ambu- lance, motorbus, taxicab, automobile for hire, shall drive, operate or cause to be operated, nor shall any person employ, permit or allow another to drive, operate or cause to he operated, any vehicle over any street of this City for the purpose of transporting a pas- senger, or passengers, regardless of whether such operation extends beyond the boundary limits of the City of Santa Ana, nor shall any person solicit, in- duce, persuade, invite or procure such transportation of passengers, or accept compensation therefor, unless the driver of said vehicle shall have first obtained and shall have then in force a driver's permit issued under the provisions of this chapter, except: (1) A vehicle which is lawfully transporting a passenger, or passengers, from a point outside to a destination within the City of Santa Ana, or enroute to a destina- tion outside the City of Santa Ana; pro- vided that no such driver shall, without such permit, solicit, or accept a passenger. -16- or passengers, from within the City of Santa Ana for transportation to any des- tination whatsoever. (2) A driver of a vehicle being operated by City or State public agencies. (3) A vehicle being operated for the purpose of transporting bona fide pupils attending an institution of learning between their homes and such institutions. (4) Vehicles rented or leased for self operation by a person using such vehicle under a plan commonly known as "U-Drive", but not when transporting other persons for compensation. Section 38-22 - Driver's Permit-Application and Fee. Prior to January 1st of each year, beginning January 1, 1972, an application for a driver's permit should be filed with the Traffic Division of the Police Department on forms provided by said division; each application shall be accompanied by a receipt from the Treasury Division of the Finance Department show- ing the payment of a five dollar ($5.00) non- refundable fee. Driver's permits issued upon approval of applications by the Police Department shall remain in force for a period of one year from date of issue. Renewal, replacement, and duplicate driver's permits shall cost an additional five dollars ($5.00). Driver's permit applications (including renewal, re- placement, and duplicate applications) shall include the following information: (1) The name, address and age of the applicant, and if the applicant has ever been known by any other names, such other names shall be set forth; (2) Marital status, complexion, color of eyes and hair; (3) Whether he has ever been arrested, con- victed, or pleaded guilty to any crime, felony or misdemeanor, and, if so, the date, nature of the offense or arrest and the court in which such charge was made, conviction was obtained or pleas of guilty was entered; (4) The kind and number of his California driver's or chauffeur's license and res- trictions, and whether any license to drive has ever been suspended or re- fused or revoked, and if so, details of the reason and disposition of the matter; -17- (5) A statement showing where he has resided during the preceding year, together with the number of days, weeks, or months at each address; (6) A statement of his physical condition, in- cluding a statement of whether an applicant has ever had epilepsy, blackout periods, faintingspells, or been addicted to the use of alcohol, narcotics, or other form of hypnotics. (7) Whether he has ever had any driver's license suspended or revoked and, if so, the reason for such suspension or revocation and the inclusive dates of such suspension or revocation. No driver's permit shall be issued by the Police Depart- mant to any person: (1) Who is under the age of twenty-one (21). (2) Who is subject to epilepsy, fainting or loss of consciousness by reason of chronic medical condition; (3) Who is addicted to the use of narcotics; (4) Who is known to have been a user of hypnotic drugs or alcohol to an excessive degree; (5) Whose driving record indicates five (5) violations of traffic laws involving moving vehicles within two (2) years preceding the date of application; (6) Who has willfully furnished false information on his application~omitted to furnish all information requested on said application forms; (7) Who has been convicted for driving while under the influence of intoxicating liquor or narcotic drugs, or both, within three (3) years of the date of application; or (8) Who has been convicted of a felony or any crime involving moral turpitude within five (5) years preceding the date of application. -18- Section 38-23. Driver' s Permit-Photographs. Said applicant for a driver's permit shall also file with his application two (2) acceptable photographs taken within a period of at least thirty (30) days, and of a size 1 1/2" by 2", one to be filed with his application and one to be permanently attached to the driver's permit. Applicant shall be fingerprinted and photographed by the Santa Ana Police Department, and a record check made, cost of the forgoing to be borne by the applicant. Section 38-24. Driver's Permit-Display. No driver, owner or operator of a vehicle for hire shall drive-or operate or cause or permit to be driven or operated, any vehicle for hire which does not have a driver's permit of its driver posted in a place con- spicuous from the passenger's compartment while said driver is operating any vehicle for hire. Section 38-25. Driver's Permit-Suspension or Revocation. The Chief of Police, City Manager or his designated representative, shall have the power to suspend or revoke any driver's permit issued hereunder in the event the holder thereof shall have violated any provisions of this chapter, or shall have committed an offense which would have constituted grounds for non-issuance of said permit. No suspension shall be for a period of more than thirty (30) days. Notice of suspension or revocation shall be given by either personal service on the permittee or by mail addressed to the residence address on this applica- tion and to the address of his employer. In the event of such revocation or suspension of a driver's permit, such permit shall be forthwith surrendered to the Chief of Police, City Manager or his designated delegate by the holder thereof. A second suspension for the same reason or, a third suspension of a driver's permit for any reason shall operate as a revocation of such permit. No driver whose permit has been revoked shall for one (1) year thereafter, be granted a driver's permit to operate any vehicle for hire on the streets of the City of Santa Aha except on the presentation of reasons satisfactory to the Chief of Police. The Chief of Police may require any holder of a driver's permit to submit to a physical examination at any reason- able time at the permittee's expense to determine his fit- ness to operate a vehicle for hire and, should the physician's report disclose that the permittee is either physically or mentally unfit to operate a vehicle for hire, the driver's permit shall be immediately revoked. If a driver's permit is revoked or suspended for more than ten (10) days, at any one time, the permittee may appeal such order of the Chief of Police in the manner provided in this chapter. -19- Section 38-26 Same-A~peal to City Council from Denial, Suspension, Revocation. Any applicant who is refused a driver's permit, or any driver whose permit has been suspended or re- voked for more then ten (10) days may appeal such action to the City Council by Filing within thirty (30) days after the suspension, revocation, or denial a written statement of his reasons why the City Council should reverse the action from which the appeal is taken. The notice of appeal shall be filed with the Clerk of the Council and one copy thereof shall be served on the Chief of Police and the City Manager. Said appeal shall show the applicant's current address. The Clerk of the Council shall set such appeal for hearing on the first Council meeting date occurring more than ten (10) days following the date of filing the same and shall send notice thereof to the Chief of Police and to the applicant at the address shown on his appeal statement, both notices to be mail- ed at least ten (10) days before said hearing. The City Council shall proceed with the hearing of such appeal, at which hearing all parties inter- ested shall be afforded an opportunity to be heard, and the City Council shall approve, modify or annul such order from which the appeal has been sought, and the findings of such City Council shall be final on all parties thereto. Section 38-27 - Same-Not Transferable. Driver's permits are not transferable. However, it shall be lawful for the owner of such driver's permit to use the same permit if he changes employ- ment from one taxicab operator to another holding a Certificate of Public Convenience and Necessity. Section 38-28 - Same-False Statements. Any false statement or misrepresentation made by an applicant for the purpose of securing a driver's permit, or paying renewal thereof, shall be deemed good and sufficient cause for refusal to grant, or if granted, for revocation of a driver's permit. Any person who knowingly or fraudulently shall make, forge, alter, or counterfeit any driver's permit, vehicle permit required by law, or who shall know- ingly have in his possession or shall pass, use, or tender any such instrument to any other person, shall be deemed guilty of a misdemeanor. Section 38-29 - Employment of Qualified Drivers. Every holder of a Certificate of Public Convenience and Necessity to operate in the City of Santa Ana shall employ as drivers only persons who are physically and mentally fit and able to operate a motor vehicle for hire. It shall be the full responsibility of -20- the holder to select and employ drivers who are familiar with the streets and addresses in the City of Santa Aha. The employment by any holder of a Certificate of Public Convenience and Necessity of any person as a driver who has been convicted of a felony or of driving under the influence of intoxicating liquor or drugs, or whose record as a driver of motor vehicles as r~lected by official court and police records, shows a lack of mental, emotional, moral or temperamental capability to be a safe and reliable driver will be taken into consideration by the City Council when requested to grant or renew any Certificate of Public Convenience and Necessity to operate vehicles for hire in the City of Santa Ana. Every holder is enjoined not to employ or retain in employment any person as a driver who violates laws governing morals, motor vehicle operations, or provisions of this chapter. It shall be unlawful for any holder of a Certificate of Public Convenience and Necessity in the City of Santa Ana to employ a driver who has not first been issued a driver's permit under the provisions of this chapter, and a violation of this provision shall be sufficient reason for revoking the Certificate of Public Convenience and Necessity of such holder. Section 38-30 - Records and Reports - Required of Ail Holders. Every holder of a Certificate of Public Convenience and Necessity under the provisions of this chapter shall establish, keep and maintain a system of records of such business and its operations. Section 38-31 - Same-Periodic Examinations. Accurate records of receipts from operations, operating and other expense, capital expenditures and such other operating information as may be required by the Finance Director shall be kept and maintained. Every holder of a Certificate of Public Convenience and Necessity shall maintain the records containing such information and other data required by this chapter at a place readily accessible for examination at all reasonable times by the Finance Director, the Chief of Police or other authorized representatives of the City of Santa Ana having a legitimate and official interest in the enforcement and administration of the provisions set forth in this chapter. Section 38-32 -Same-Monthly Re~orts. Each holder of a Certificate of Public Convenience and Necessity, not later than the 15th day of each calendar month, shall upon request of the Finance Director file verified reports showing all receipts for all operations during the calendar month next preceding the month of report in connect- ion with such service for which a Certificate of Public Convenience and Necessity has been issued. Every such report shall be supported by daily or weekly records, driver's manifest and other data if required by the Director of Finance, such records and manifests, after inspection and auditing, to be returned by the Director of Finance to the holder. -21- Section 38-33 - Same-Annual Reports. Every holder of a Certificate of Public Convenience and Necessity shall submit to the Director of Finance on request receipts, expenses and statistics of each year of operation in accordance with uniform written directives prescribed by the Director of Finance, not later than the 20th day of the month next following the close of such year's operation; provided, the Director of Finance may permit such reports to be made on the basis of fiscal year operations or, if found more convenient by both the City and the holder, such reports may be on the basis of a calendar year of operations. Section 38-34 - Same - Equipment, Employees and Insurance Policies. Every holder of a Certificate of Public Convenience and Necessity shall keep complete records of all auto- motive and other equipment, employees, including drivers, and records of insurance policies required by this chap- ter as well as a record of all claims made and judg- ments entered against such holder. Forms and methods used in connection with the keeping of these records must approved by the Finance Director before adoption. Section 38-35 - Same - Daily Trip Sheet. Every driver of a taxicab shall maintain a daily trip sheet. Section 38-36 - Same-Availability for Examination. Ail records and reports, trip sheets and other data prescribed to be maintained and kept under this chapter shall be preserved by the holder of the Certificate of Public Convenience and Necessity in a safe place for at least one year after date of the instrument, and all such records shall be available for examination and in- spection at all reasonable times by the Director of Finance, Chief of Police and other authorized officials of the City. Each holder shall forthwith, at the request of the City Manager or his delegate, provide any other information relevant to the operation and ownership of holder, including but not limited to, names and addresses of all partners, shareholders, officer and directors, corporate papers and permits, minutes books and lists of shareholders. -22- Section 38-37 - Same-Employment. Each holder of a Certificate of Public Conveniece and Necessity shall keep and maintain at all times a complete and accurate record of all drivers employed by him, which record shall show in detail the names and addresses and the dates of the begin- ing and termination of employment of said drivers, the vehicle driven by each driver and the hours during which each such driver was on duty during each day or night of his employment, as well as a list of all days or nights on which each such employee was absent from his employment. Such records shall be displayed to the Director of Finance, Chief of Police, or City Manager at any time upon demand, and shall not be destroyed without permission of the Chief of Police. Section 38-38 - Evidence of Mechanical Condition. Following the issuance of each Certificate of Public Convenience and Necessity, each holder shall furnish to the Director of Finance, at any time upon his request therefor, and at least once every six months on or before the first day of January and the first day of July following each year during which he has been licensed to operate a vehicle for hire in the City of Santa Ana, a Passenger Vehicle Inspection Check List from the Santa An~ P~I~ce ~ePartment for each vehicle indicating that it is in a safe operating condition. Statement shall also designate each and all taxicabs which shall, at the date of said state- ment, be in a non-operating condition for any reason whatsoever, designating such vehicle by engine number, California license number, and vehicle permit number. No such vehicle shall be returned to service until the owner therof has furnished to the satisfaction of the Director of Finance a Passenger Vehicle Inspection Check List from the California Highway Patrol for each vehicle indicating that it is in a safe operating condition. Section 38-39 - Mechanical Condition-Inspection. The Police Department may examine and inspect every vehicle regulated by this chapter to determine that its equipment, including the lights, brakes, tires and mechanical parts are in a good state of repair, free from obvious defects; and to determine that such vehicle will not be dangerously defective in operation. The Police Department may inspect other parts of the vehicle. The Police Department may make periodic inspections for the purpose set forth in this section. Particular attention shall be given to the inspection of any ambulance licensed hereunder to determine that the brakes, lights, windshield, tires and mechanical parts are maintained in a safe condition because of the use of such vehicle as emergency vehicles equipped with r~d lights and siren and no such vehicle shall be permitted to operate if any part thereof is defect- ive in any degree which might make said vehicle less -23- safe at high speeds or in quick stops and turns. Section 38-40 - Same-Enforcement. No person shall operate any vehicle for hire desig- nated in the Certificate of Public Convenience and Necessity issued to him hereunder when it is not in a safe operating condition, or permit a driver to operate a vehicle in a manner contrary to the pro- visions of this chapter, and the Chief of Police shall have the power to revoke or suspend a holder's Certificate of Public Convenience and Necessity in the event he is found guilty of a violation hereof. Section 38-41 - Same-Necessar~ Equipment. (1) Every vehicle licensed hereunder shall at all times have the following equipment, unless otherwise waived for good reason shown by the Chief of Police: a. A spare tire, capable of being used on any of the wheels of the vehicle; set of tools for changing tires. c. Three (3) operable safety flares. (2) In addition to the foregoing equipment it shall be mandatory that all vehicles have the following: Two independently acting braking systems, either one of which will be capable of stopping the vehicle without load at a distance of 37 feet when operating on a level, dry, asphalt street at a speed of 20 miles per hour. b. Ail glass in windshield, windows, and doors, of safety or shatterproof glass. Section 38-42 - Identification - Color Scheme. Ail vehicles of a holder of a Certificate of Public Convenience and Necessity shall be painted in accordance with the color scheme approved by the Chief of Police, and on each vehicle there may be painted a monogram or insignia for identification purposes that has been similarly approved. Subse- quent to approval of the color scheme and a mono- gram or insignia by the Chief of Police, the holder shall furnish to the Chief of Police an 8" x 10" color photograph of a completely equipped vehicle for each approved color scheme and monogram of insignia. The color scheme adopted by any holder of a Certificate of Public Convenience and Necessity shall not be used by any other holder. No change whatever in the color scheme or distinguishing characteristics of any vehicle shall be made without written permission from the Chief of Police. -24- Section 38-43. Same-Name, Letterinq and Desiqns. The name of the holder of the Certificate of Public Convenience and Necessity, or the trade name under which he or it does business, shall be printed on the outside of each front door or on the rear door of every vehicle operated in the City of Santa Ana, if approved by the Chief of Police. The number of every vehicle shall be painted on each side of the vehicle and on the rear of such vehicle in conspicuous loca- tions acceptable to the Chief of Police. All required lettering shall be not less than 3 1/2" in height and not less than 1/2" stroke. There may also be placed an identifying design of such holder's business as approved by the Chief of Police. All lettering and designs shall be in colors contrasting the color of the vehicle so that the lettering and designs shall be clear and legible. All lettering and designs on each vehicle for hire shall be of a substance that will weather the elements and shall be kept legible at all times. The lettering on all vehicles owned by a subsidiary or operating unit of the holder of a Certificate of Public Convenience and Necessity shall be the same wording, same color scheme, same size letters and on the same place and places on each vehicle, as may be approved by the C"nief of Police. It shall be unlawful for any person to affix such signs on any motor vehicle unless such vehicle is qualified for operation in the City of Santa Ana under the terms of this chapter. Section 38-44. Same-Disqualification of Vehicle For Mire. In the event any vehicle for hire is, for any reason, disqualified under the terms and provisions of this chapter from operating as such, all such signs or equipment provided by this chapter, and any other device or insignia indicating that such veDicle is qualified for operations as a vehicle for hire, including cruising lights, red light, and siren shall be removed immediately from such vehicle, and any person failing to remove the same after dis- qualification shall be deemed guilty of a misdemeanor. Section 38-45. Same-Imitations Prohibited. No vehicle operating under the terms of this chapter shall bear a color scheme, identifying design, mono- gram or insignia which conflicts with or imitates any color scheme, identifying design, monogram or insignia used on the vehicles of any other holder of a Certificate of Public Convenience and Necessity, in such manner as to be misleading or tend to deceive or defraud the public. Section 38-46 - Same Reqistration of Vehicles. Ail motor vehicles operated as taxicabs or automobiles for hire within the City of Santa Aha shall De properly licensed with the Department of Motor Vehicles of the State of California, and in the event that the laws governing the licensing of commercial vehicles shall apply, all such vehicles shall be licensed before being used as taxicabs, automobiles for hire, or tour vehicles. Ail vehicles operated as taxicabs shall be registered under the name of the holder of the Certificate of Public Convenience and Necessity. -25- Section 38-47 - Taximeter-Operation. No holder of a Certificate of Public Convenience and Necessity shall operate or drive or cause or permit to be driven or operated any taxicab in the City of Santa Ana unless and until the taximeter shall have been approved Dy the Director of Finance, and it shall be the duty of the holder operating such taxicab, and also the driver thereof, to keep such meter operating at all times within such standards of accuracy as may be prescribed from time to time by the Director of Finance. No passenger shall be carried in any such cab unless said taximeter shall be in operation. This provision shall apply regardless of whether a taxicab is engaged for a trip entirely within the boundaries of the City of Santa Ana or partially outside thereof, and such meter shall be kept operating continuously during the entire time that it is engaged in the trans- portation of passengers, regardless of the point of destination. Section 38-48 - Same-Visibility. A taximeter shall be placed in each taxicab so that the reading dial showing the amount to be charged shall be well-lighted and readily discernible to the passen- ger riding in any such taxicab. Section 38-49 - Same-Inspection. Every taximeter used in the operation of taxicabs shall be subject to inspection at any time by the Director of Finance, or any of his agents or employees. Upon the discovery of any inaccuracy of such taximeter, the operator thereof shall remove, or cause to be removed, from service, any vehicle equipped with said taximeter until such taximeter shall have been repaired and accurately adjusted. Section 38-50. Same-Flaq Operation. No driver of any taxicab, while carrying passengers, shall display the "flag" attached to the taximeter in such position as to denote that such vehicle is not employed, or fail to throw the "flag" of the taxi- meter to a position indicating said vehicle is unem- ployed at the termination of each and every service. Section 38-51. Same-Charqe to Be Reqistered. Ail charges for taxicab service shall be calculated and indicated by a taximeter, and at all times while the taxicab is engaged the "flag" of the taximeter shall be thrown into a position to register the charges. No taximeter shall be so operated as to cause any charge to be registered thereon except during the time when the taxicab is engaged by a passenger, or passengers. Section 38-52. Same-Receipt for Charges. No driver of any taxicab, upon receiving full payment for a fare as indicated by the taximeter, shall refuse to give a receipt upon the request of any passenger making such payment. When the taximeter is of the so called "receipt type", a receipt shall always be offered the passenger upon receiving payment without a request therefore being made. Said receipt shall show name of the taxi company, name of the driver, date of service, taxicab number, total amount of fare, origin of fare and destination. Section 38-53. Same-Charges Must be Indicated. Ail charges for transportation of passengers in taxi- cabs operated in the City of Santa Ana must be as indicated on the taximeters installed in said taxicabs, and it shall be unlawful for any owner or driver of any taxicab to charge any passenger or passengers any sum in excess of the sum indicated on said taximeter. Section 38-54. Fare-Rates to be Filed. Every owner of any taxicab or automobile for hire operating in the City of Santa Ana shall file or cause to be filed with the Chief of Police of said City a true and correct statement of the rates to be charged for the transportation of passengers in any and all taxicabs or automobiles for hire operated by said owner, and such owner shall not change or modify said rates in any manner without the written permission of the Chief of Police of the City of Santa Ana and without filing said modified or changed rates with said Chief of Police. Section 38-55. Same-Established Rates for Taxicab Service. It shall be unlawful for the owner or driver of any taxicab to demand or charge for such service an amount more than or less than the rates adopted by resolution of the City Council. Section 38-56. Same-Rates to be Displayed in Vehicle. Every taxicab and automobile for hire shall have con- spicuously displayed in full view of the passenger or passengers a card not less than two (2) inches by four (4) inches in size, which shall have stated thereon the name of the owner, or the fictitious firm name under which the owner operates, together with the busi- ness address and telephone number of said business, and the owner's identifying number of such vehicle and also the rates of fare to be charged for the use of such vehicle. Any driver of a taxicab or automobile for hire shall give the number of his vehicle on the inquiry of any person. Section 38-57. Same-Deduction for Time While Disabled. In the event any taxicab, automobile for hire or tour vehicle shall, while under employment, become disabled, or break down without fault of the passenger, the time of stoppage shall be deducted from the charge made. Section 38-58. Same-Overcharge. Any charge made, or sought to be made, to any patron of any taxicab in excess of the charges authorized by this chapter for a particular type of service rendered or sought, when shown either by confession of the party, or competent testimony, or failure on the part of any driver or operator of any taxicab to make proper returns to his employer, shall result in immediate suspension of the driver's permit until such time such permit is either reinstated or revoked. -27- Section 38-59. Same-Restitution. Either the person or the employer of a person, respon- sible for any over charge, shall be required to make restitution to any defrauded patron for the amount of the over charge. Section 38-60. Refusal of Service. No owner or driver of any taxicab licensed under author- ity of this chapter shall fail or refuse, when in service and not otherwise engaged for hire, to transport to his announced destination at rates authorized in this chap- ter any person who presents himself for carriage in a sober and orderly manner and for a lawful purpose. Section 38-61. Transporting Persons for Purpose of Prostitution, etc. It shall be unlawful for any driver of a taxicab know- ingly to transport any passenger to the abode of a prostitute, or knowingly to transport any criminal, nar- cotic peddler, prostitute or bootlegger in the commis- sion of a crime or infraction of the law in any manner, or act in any manner as a panderer for prostitutes or a contact for unlawful establishments of any character. violations of this section shall be brought to the attention of the holder of the Certificate of Public Convenience and Necessity in whose service the taxicab driver is employed, and repeated occurencesby the same or other drivers shall be grounds for revocation and cancellation of the holder's Certificate of Public Con- venience and Necessity, vehicle permit and driver's permit. Section 38-62. Top Liqht Indicating Occupancy of Taxi- cab Required. On top of every taxicab there shall be an electric light sign, or top light, which shall be illuminated when the taximeter flag is in "vacant" or non-earning position, so that persons desiring taxicab service may be informed of the availability of the taxicab for hire. The type of light to be used shall he approved by the Chief of Police. Section 38-63. Return of Articles Left in Taxicab. It shall be the duty of every taxicab driver to return without delay to the owner, if any, any luggage, mer- chandise or other property left in the taxicab. If the owner is not known, the driver shall deliver to the holder of the Certificate of Public Convenience and Necessity, immediately upon the driver's return to the terminal, any property whatsoever left in his taxicab and the circum- stances relating thereto. Section 38-64. Duty of ~older of Certificate of Public Convenience and Necessity to Produce Vehicle for In- spection; Testing and Sealing of Taximeter; Cost of Test and Inspection to be Borne by Holder. -28- It shall he the duty of every holder to have any or all taxicabs operated by him at any designated place and at such reasonable times as may be specified for the purpose of testing taximeters or checking mechanical and sanitary conditions of the taxicabs. Failure to produce taxicabs for such testing or checking will be sufficient grounds for taking vehicles out of service until they~have been checked, and taximete$ tested and sealed in accordance with the provisions of this chapter. The cost of any tests and examinations shall be borne by the. holder 6f the Certificate of Public Convenience and Necessity. Section 38-65. Special Operations. Notwithstanding any provision contained herein to the contrary, any taxicab operator may operate his taxicab as a jitney during a total stoppage of bus service with- in the City of Santa Ana subject ~o the following: (1) Fares shall be no more than $.50 per passenger; (2) Taxicab operator may operate the taxicab as a jitney only along the existing bus routes; (3) There shall be two placards, reading "jitney" and "$.50 per passenger", fixed to the right hand visor of the jitney, one of which shall be facing outward so it shall be visible by potential passengers and the other fixed to said right hand visor facing the passengers riding therein; (4) The loading or unloading of passengers shall take place only at established bus stops along the route prescribed herein; (5) (6) When a taxicab operator has taken on passengers as a jitney, he shall not be permitted to cruise as a taxicab there- after until he has taken all the jitney passengers to their respective destinations; No baggage fee shall be assessed during jitney operations. Section 38-66. Solicitation of Fares; Taxicab Stands; Illegally Learning of Accidents By Ambulance ODe~ators. No driver shall solicit passengers for a taxicab except when seated in the driver's compartment of such cab, or while standing immediately adjacent to the curbside thereof, and no taxicab shall park upon the streets of the city while the driver solicits passengers. No taxicab driver, or other person, shall solicit patronage in the terminal of any other common carrier, or in the street within one hundred feet (100') of such terminal, or at any regular pickup point of any -29- other carrier without written permission from the person operating such terminal or carrier. No taxicab stands shall be provided upon the streets of the city. No ambulance owner, operator or driver shall solicit passengers at the scene of the accident unless the same has been summoned by telephone communication, and no ambulance shall go to the scene of the accident discovered by monitoring short wave police calls. Section 38-67. Vehicles and Drivers Licensed Elsewhere. The operator of a motor vehicle licensed by any juris- diction as a taxicab shall be deemed, upon soliciting passengers in the City of Santa Ana for transportation, to be operating for hire. A person licensed as a taxi- cab driver by any jurisdiction who solicits passengers in the City of Santa Ana shall be deemed to be operating for hire. Section 38-68. Penalty for Violation of Chapter Provisions. Any person, partnership, corporation, firm, registered owner, or holder of a Certificate either by himself or through his direction, consent, assent, permission or acquiescence who shall violate any of the provisions of this chapter, shall be deemed guilty of a misdemeanor. Any person who shall aid, abet or assist in the violation of any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each separate violation shall constitute a separate offense, and each and every day the offense is continued in cases where the offense is a continuous one, shall constitute a distinct and separate offense. Section 38-69. Authority to Arrest. Every police officer of the city is hereby given authority and is enjoined to watch and observe the con- duct of holders and drivers operating under this chapter. Upon discovering a violation of the provisions of this chapter, every such officer shall take immediate steps to enforce the law, by report to proper officials, by citation, by arrest, or by impounding vehicle used in the commission of a violation of this chapter. ~-~_ection 3: If.any section, s~bsecti~n, sentence, clause, I~ ~ 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 portions of this ordinance. The City Council of the City of Santa Ana 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, clauses, phrases or portions be declared invalid or unconstitutional. -30- Section 4: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license or penalty or the penal provisions applicable to any violation hereof, nor to affect the validity of any bond or case deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations there- under appertaining shall continue in full force and effect. Section 5: The Clerk of the Council shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Santa Ana. Section 6: This Ordinance shall take effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the · 20~ " day of August ~ 1973. ~ ATTEST: CLERK OF THE COUNCIL STATE OF C-RLIFORNIA ) COUNTY OF ORANGE ) CITY OF SANTA ANA ) SS I, FLORENCE I. MALONE, do hereby certify that I am the Clerk of the Council of the City of Santa Aha; that the foregoing Ordinance was introduced to said Council at its regular meeting held on the 6 day of August , 1973 and was again considered by said Council atiits~egula~ meeti~§.~h~t~ on t~e ~ .20 day of August ,, 1973, and was at said meeting ~'~Ssed'and ado'pted by the' following vote, to wit: AYES, COUNCILMEN: Griset, Evans, Garthe, Markel Patterson, Ward, Yamam~o NOES, COUNCILMEN: None ABSENT, COUNCILMEN: None CLERK OF THE COUNCIL APPROVED AS TO FORM: By: Char.es J. Liberto, Assistant City Attorney