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10/27/77
ORDINANCE NO. NS- 1394
AN ORDINANCE OF THE CITY OF SANTA ANA
ADDING CHAPTER 32 TO THE SANTA ANA
MUNICIPAL CODE AND REPEALING CHAPTER 38
RELATING TO VEHICLES FOR HIRE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1:
That the Santa Ana Municipal Code, is hereby amended by adding
a chapter, to be numbered Chapter 32, which said chapter reads
as follows:
CHAPTER 32 Vehicles for Hire
ARTICLEI. General Provisions
Sec. 32-1. Definitions.
For the purpose of this chapter, the words and phrases set forth
in sections32-1.1 through 32-1.26 shall have the meanings respec-
tively ascribed to them by such sections.
Sec. 32-1.1. Ambulance.
"Ambulance" shall mean any privately owned vehicle equipped or
primarily used for transporting the wounded, injured, sick,
or handicapped, and shall include, but not be limited to,
emergency vehicles used for such purposes.
Sec. 32-1.2 Attendant.
"Attendant" shall mean any person attending or administering
any aid to a person being transported by ambulance.
Sec. 32-1.3. Certificate.
"Certificate" shall mean a certificate of public convenience
and necessity issued by the City of Santa Ana authorizing the
holder thereof to conduct an ambulance business in the City.
Sec. 32.1.4. Compensation.
"Compensation" shall mean any money, thing of value, payment,
consideration, reward, tip, donation, gratuity or profit paid
to, accepted, or received by the driver, owner, attendant, or
all of them, 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.
ORDINANCE NO. NS- 1394
PAGE TWO
Sec. 32-1.5. Cruising.
"Cruising" shall mean the movement or standing of a taxicab
on a public street or public place for the purpose of searching
for,obtaining, or soliciting a passenger or passengers for hire.
Sec. 32-1.6. Driver.
"Driver" shall mean any person in charge or control of, or driving
or operating any motor vehicle upon any street, alley or highway
of the city, either as owner, agent, employee or otherwise.
Sec. 32-1.7. Driver's Permit.
"Driver's permit" shall mean the permit issued to any person
operating or driving a vehicle for hire as defined in this chapter.
Sec. 32-1.8. Fixed Taxi Stand.
"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.
Sec. 32-1.9. Jitney.
"Jitney" shall mean a taxicab engaged in the business of carrying
passengers for hire along a fixed route of travel during a time
of total or partial stoppage.
Sec. 32-1.1Q. Manifest.
"Manifest" shall mean a daily record prepared by the driver
or the management office of all trips made by any vehicle
showing the date and place of origin, destination, number of
passengers and the amount of charge to each passenger.
Sec. 32-1.11. Motorbus.
"Motorbus" or "bus" shall mean any motor vehicle used in the
business of carrying passengers for hire which receives and
discharges passengers along a fixed route traversed by it,
except any inter-city bus regulated by the public utilities
commission.
Sec. 32-1.12. Owner.
"0wner" shall mean any person, partnership, firm, entity, or
corporation or stockholder thereof having legal use, control
or title of any motor vehicle, whether as owner, lessee or
otherwise.
Sec. 32-1.13. Partial Stoppage.
"Partial stoppage" shall mean the furnishing of less than the
regularly scheduled bus transportation service due to work
stoppage, slow down, labor dispute, or when no regular bus
service is scheduled during the interval between termination
of one day's scheduled bus service and the commencement of the
next day's scheduled bus service.
ORDINANCE NO. NS- 1394
PAGE THREE
Sec. 32-1.14. Passenger for Hire.
"Passenger for hire" shall mean a person transported in a vehicle
for hire for compensation or other consideration.
Sec. 32-1.15. Pickup.
"Pickup" shall mean to take into a vehicle.
Sec. 32-1.16. Permit.
"Permit" shall mean a permit issued by the City of Santa Ana
authorizing the holder thereof to conduct a motorbus, taxicab,
or other vehicle for hire business in the City.
Sec. 32-1.17. Safety Inspection Sticker.
"Safety inspection sticker" shall mean a sticker affixed to
a vehicle for hire or ambulance evidencing that it has been
inspected by the Orange County Sheriff, Santa Ana Police Department,
or the California Highway Patrol and found to be in safe operating
condition..
Sec. 32-1.18. Solicit.
"Solicit" shall mean to endeavor to obtain a passenger for
hire by words or gestures, including, but not limited to, the
use of a sign indicating that such vehicle is available for
hire.
Sec. 32-1.19. Taxicab.
"Taxicab" shall mean any motor vehicle used in the business of
transportation of passengers for hire, where transportation is
not over a fixed and definite route, but is under the control,
as to the destination and/or route, of the passenger or pas-
sengers being carried therein.
Sec. 32-1.20. Taxicab Terminal.
"Taxicab terminal" shall mean any office, station, building,
stand, substation or other place of business of a permit holder
at which calls are or may be received from prospective passengers
for hire and from which the permit holder or his agents or
employees direct the dispatch and return of taxicabs.
Sec. 32-1.21. Taximeter.
"Taximeter" shall mean any mechanical instrument, appliance,
device or machine by which the charge for hire of a motor
vehicle is mechanically calculated,whether for distance traveled
or time consumed, or both, and on said instrument is indicated
by figures.
Sec. 32-1.22. Top Light.
"Top light" shall mean an electrically operated sign with lights
of a color and design approved by the chief of police.
ORDINANCE NO. NS-1394
PAGE FOUR
Sec. 32-1.23. Total Stoppage.
"Total stoppage" shall mean the complete halting of bus trans-
portation service furnished within the City of Santa Ana re-
sulting from any cause.
Sec. 32.1.24. Vehicle for Hire.
"Vehicle for hire" shall mean any motorbus, taxicab, jitney
or other motor vehicle offered in the City of Santa Ana
for the transportation of passengers for compensation or
used or engaged in the soliciting or pickup of passengers
for hire in the City of Santa Ana, exclusive of any vehicle
for which a certificate of public convenience is needed
and has been granted by the public utilities commission
of the State of California. "Vehicle for hire" shall not
mean an ambulance, ambulette or other vehicle equipped or
previously used for transporting the wounded, injured, sick,
handicapped or deceased.
Sec. 32-1.25. Waiting Time.
"Waiting time" shall mean the time when a 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, except that 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 event
shall any time be considered as waiting time for any period
prior to the time of arrival designated by the prospective
passenger when requesting a taxicab.
Sec. 32-2. Permit and Certificate Applications.
(a) An application for a vehicle for hire permit for the
operation of a taxicab business shall be filed with the chief
of police, shall be verified under penalty of perjury, shall
be accompanied by a receipt from the director of finance
showing the payment of a nonrefundable fee as established by
resolution of the city council, and shall contain or be
accompanied by the information and documentation specified
in sections 32-2.1 through 32-2.20.
(b) An application for a certificate of public convenience and
necessity shall be filed with the clerk of the council, shall
be verified under penalty of perjury, shall be accompanied
by a receipt from the director of finance showing the payment
of a nonrefundable fee as established by resolution of the
city council, and shall contain or be accompanied by the
information and documentation specified in sections 32-2.1
through 32-2.20.
Sec. 32-2.1. Same - Identification Data.
The application shall contain the following: the name, age,
residence, and business address, driver's license number,
and present occupation of the person applying for such permit.
If the applicant is a partnership or association, the names,
ages, residence addresses, drivers' license numbers, and
occupations of all associates or partners shall be given;
and if the applicant is a corporation, the names, ages, resi-
dence addresses, drivers' license numbers, and occupations
of all officers shall be given.
Sec. 32-2.2. Same - Financial Data.
The application shall include the following statements from
each applicant, or, if an applicant is a partnership or other
unincorporated association, from each person or corporation
which is financially interested in the business:
ORDINANCE NO. NS- 1394
PAGE FIVE
(a) A financial statement prepared by a
certified public accountant; and
(b) A statement as to whether the applicant,
person or corporation has any unpaid judgments
standing against him, and if so, the nature of
the acts or transactions giving rise to each
such judgment, the court in which it was
rendered, and the amount of any unpaid or
unbonded judgment; and
(c) A statement of any bankruptcies, either
personal or business, including the number,
court and date of discharge.
Sec. 32-2.3. Same - Previous Experience Data.
The application shall state the experience of the applicant,
both in the City of Santa Ana and elsewhere, in the operation
of taxicabs, ambulances, or other common carriers for the
transportation of passengers.
Sec. 32-2.4. Same - Vehicle Data.
The application shall state 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 the passenger capacity of
such vehicles.
Sec. 32-2.5. Same - Vehicle Descriptive Data.
The application shall contain a description of the proposed
color scheme, insignia, trade, style and any other distinguish-
ing characteristics of the proposed design to be used to
designate applicant's vehicle.
Sec. 32-2.6. Same - Previous Criminal Record Data.
The application shall contain a statement of whether the
applicant, or, if the applicant is a firm, partnership,
association or corporation, whether any of its members, officers
or directors, has, at any time within five (5) years prior
to the date of such application, been convicted or pleaded
nolo contendere or guilty to any crime, felony or misdemeanor,
and, if so, the date, nature of the offense and the court
in which such charge was made, conviction was obtained or
plea of nolo contendere or guilty was entered, and the dis-
position of the case and imposition of sentence and its terms.
Sec. 32-2.7. Same - Business Location.
The application shall state the place or places within the
City of Santa Ana, or elsewhere, where the applicant proposes
to establish his office and from which he proposes to operate.
Sec. 32-2.8. Same - Vehicle Encumbrances.
The application shall contain a statement of whether there
are any liens, mortgages or other encumbrances, including
but not limited to conditional sales contracts, on such vehicle
and,if so, the amount and character thereof and the name(s)
of the holder(s) thereof.
ORDINANCE NO. NS- 1394
PAGE SIX
Sec. 32-2.9 Same - Previous Licensing Data.
The application shall contain a statement of whether or not
said applicant has ever had any permit or franchise issued
to him that has been suspended or revoked, and, if so, the
circumstances of such suspension or revocation, whether in
the City of Santa Ana or elsewhere.
Sec. 32-2.10. Same - Insurance
The application shall include 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.
Sec. 32-2.11. Same - Proof of Safety Inspection
The applicant shall include with the application, as to each
vehicle for which such application is made, a passenger vehicle
inspection check list from the California Highway Patrol,
Santa Ana Police Department, or Orange County Sheriff, indicat-
ing that each such vehicle has been inspected within the
previous six (6) months and is in safe operating condition.
If no such check list was issued by the inspecting authority,
the applicant shall so state in the application and shall
state the time and place of the inspection and whether
each such vehicle has an unexpired safety inspection sticker
pursuant to section 32-32.
Sec. 32-2.12. Same - Location of Vehicles.
The application shall include a statement that no vehicle
shall be kept garaged, serviced, maintained or repaired on
any premises where the zoning provisions of the Santa Ana
Municipal Code do not permit the same.
Sec. 32-2.13. Same - Ownership Data.
The application shall include a statement listing the registered
and legal owner of said vehicles and the addresses of either
registered and/or legal owner or owners.
Sec. 32-2.14. Same - Corporation Data.
If the applicant is a corporation, the application shall be
accompanied by copies of the articles of incorporation and
the bylaws and of any permits or notifications for the issuance
of shares filed with or issued by the commissioner of corporations.
Sec. 32-2.15. Same - Additional Information.
The application shall contain or be accompanied by such other
information as the city may deem necessary in all applications
or in individual applications for the proper protection of
the public.
Sec. 32-2.16. Taxicab Permit - Telephone Maintenance.
Where the vehicle for hire permit application is for the operation
of a taxicab business, it shall be accompanied by an agreement
whereby applicant agrees that he will maintain on the premises
ORDINANCE NO. NS-1394
PAGE SEVEN
of his principal place of business, in operating order at
all times, one telephone line for every eight (8) taxicabs
for which a permit 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.
Sec. 32-2.17. Taxicab Permit - Taximeter Data.
If the application is for a permit to operate a taxicab busi-
ness, the application shall state the make and type of taxi-
meter intended to be installed on each taxicab for which such
application is made.
Sec. 32-2.18. Same - Schedule of Rates
The taxicab permit application shall include a schedule of
rates proposed to be charged.
Sec. 32-2.19. Taxicab Permit - Number of Taxicabs.
(a) Ail applications for a vehicle for hire
permit for the operation of a taxicab business
shall be accompanied by an agreement that in the
event the application is granted, the applicant
will keep in operation at all times at least eight
(8) taxicabs.
(b) If, any time after a permit is granted to
an owner of a taxicab business, said business
has less than eight (8) taxicabs permitted to
operate in the City of Santa Ana, the permittee
shall have thirty (30) days after written notice
in which to bring the number of taxicabs permitted
in said city up to eight (8) taxicabs. If, after
thirty (30) day period, said permittee does not
have the required number of taxicabs, his permit
shall automatically be suspended.
Sec. 32-2.20. Statement of Public Convenience and Necessity.
If the application is for a certificate of public convenience
and necessity, the applicant shall state the facts which the
applicant believes tend to establish that public convenience
and necessity require the granting of the certificate.
Sec. 32-2.21 Taxicab Permit - Issuance
Upon receipt of the application for a vehicle for hire permit
for the operation of a taxicab business, the chief of police
shall have a reasonable time to investigate the application
and background of the applicant. The chief of police shall
grant the permit if he finds:
(a) The applicant is financially responsible and
otherwise able to provide the service. The
term "financially responsible" shall mean that
the applicant demonstrates a net worth, in accord-
ance with generally accepted accounting principals
consistently applied, of one thousand three hundred
dollars ($1,300.00) per taxicab.
ORDINANCE NO. NS-i394
PAGE SEVEN - A
(b) The application conforms in all respects
with the provisions of this chapter.
(c) The applicant and any officers of appli-
cant are of good moral character and are likely
to provide taxicab services in a satisfactory
manner. In making such determination, the chief
of police shall consider whether any such person:
(1) Has previously provided satisfactory
taxi services,
(2) Has committed any act which, if com-
mitted by any permittee, would be grounds for
the revocation of a permit issued pursuant
to this chapter,
(3) Has committed any act involving dis-
honesty, fraud or deceit with the intent
to injure another or benefit himself or
another,
(4) Has previously violated the terms
of this chapter,
(5) Has been convicted of a felony or a
crime involving moral turpitude,
(6) Has knowingly made a false statement
of fact in such application.
(d) In determining the effect of the above acts
or convictions, the chief of police shall consider whether
they are or reasonably may be related to the activities of
a taxicab service and shall evaluate the rehabilitation of
such person.
(e) In the event of denial, the applicant shall
be informed in writing of the reasons therefor and of his
right to appeal such denial pursuant to chapter 3 of this code.
Sec. 32-3. 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 vehicle for
hire or ambulance 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 vehicle for
hire or ambulance 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.
12/21/77
ORDINANCE NO. NS-1394
PAGE EIGHT
Sec. 32-3.1. Same - Liability Amounts.
The required motor vehicle liability policy shall insure the
owner, and any other person using or responsible 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 or person by law for injury to, or death of any
person, or damage to property growing out of the maintenance,
operation or ownership of any vehicle for hire or ambulance,
in the amount of three hundred thousand dollars ($300,000.00)
combined single limit; or one hundred thousand dollars
($100,000.00) for bodily injury to any one person, in the
amount of three hundred thousand dollars ($300,000.00) for
bodily injury to more than one person which is sustained in
the same accident and in the amount of one hundred thousand
dollars ($100,000.00) for property damage resulting from any
one accident, and providing passenger medical payment coverage
with limits of liability of one thousand dollars ($1,000.00)
for each person.
Sec. 32-3.2. Same - Compliance
Ail motor vehicle liability policies shall be subject to the
approval of the city attorney in respect to any and all matters
and if at any time, said motor vehicle liability policies are
not sufficient for any cause, the city manager may require the
owner of such vehicle for hire or ambulance to immediately
cease all operations of business due to noncompliance. If
said owner fails to replace said motor vehicle policies within
ten (10) days with good and sufficient policies as aforesaid,
then at the termination of said period the owner's permit or
certificate issued hereunder shall be by such failure auto-
matically suspended until such time as said requirement is
complied with, and the chief of police shall enforce such
suspension. Such policy or policies of insurance shall be
presented to the city attorney and approved by him as to form.
Sec. 32-3.3. Bond in Lieu of Liability Policy.
Subject to the approval of the city attorney and the city
manager the owner of any vehicle for hire or ambulance, operated
under the provisions of this chapter, may file a bond of a
responsible and solvent corporation authorized to issue such
bonds under the laws of the State of California, containing
the conditions and giving the protection required in the vehicle
for hire or ambulance liability policy required by this chapter
in lieu of either all or any part of the insurance coverage
required.
In the event of the filing of a bond under the provisions
of this section, the applicable provisions of this chapter
shall govern the furnishing of said bond and the owner filing
it.
Sec. 32-3.4. Same - Policy Endorsement.
Every policy and every certificate of motor vehicle liability
insurance filed pursuant to the provisions of this chapter
shall contain the following endorsements:
ORDINANCE NO. N$-1394
PAGE EIGHT -A
(1) It is hereby understood and agreed that,
notwithstanding expressions inconsistent with
or contrary thereto in this policy contained,
the policy is expressly issued to cover a motor
vehicle regulated by the provisions of Chapter
32 of the Santa Ana Municipal Code. This policy
shall inure to, and be for the benefit and pro-
tection of, anyone who shall sustain any damages
or injury, or to the heirs, personal representa-
tives, 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.
(2) This is a continuing liability up to the
full amount hereof, notwithstanding any action
or recovery thereon.
(3) No cancellation or reduction in coverage
of this policy for any reason whatsoever shall
become 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 running
from the date said notice is actually received in
the office of the clerk of the council.
Ir
ORDINANCE NO. NS-1394
PAGE NINE
Sec. 32-4. License - Tax to be paid.
It shall be unlawful for any owner to drive or operate or
cause or permit to be driven or operated any vehicle for hire
or ambulance, on any street of the City of Santa Ana until
he has complied with all provisions set forth in this Chapter
and has paid the business license tax for the current calendar
year, as provided in Chapter 21 of this Code. The annual tax
for a vehicle for hire shall be in the amount provided in
Chapter 21 of this Code; provided that, when a business
license tax has already been paid on a vehicle for hire and
the vehicle is within the year replaced by another vehicle,
the unexpired portion of the license tax paid on the vehicle
so replaced shall be credited to the license tax payable for
the substitute vehicle for hire. For the purposes hereof,
the unexpired portion of the license tax paid on the vehicle
for hire which has been replaced shall be that portion of the
annual tax which is equal to one-twelfth (1/12) of said tax
multiplied by the number of full months remaining during the
current licensing year.
Whenever a vehicle licensed as a vehicle for hire by the
provisions of this chapter is replaced by another vehicle for
hire, a transfer fee as established by resolution of the
city council, in addition to the license tax, shall be paid
by the owner of the vehicle. The previously issued vehicle
permit or device shall be surrendered at the time the transfer
is made.
Sec. 32.5. License - Vehicle Permit.
No permit or certificate holder shall operate, or cause or
permit to be operated, any motor vehicle required to be licensed
under the provisions of this chapter unless the same shall have
attached thereto, in a conspicuous place in the lower left
hand corner of the rear window, a permit issued by the director
of finance or his designated agent.
Sec. 32-6. License - Record of Vehicle Permits.
The director of finance 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. The director of
finance shall likewise maintain a list of each such permit
issued, classified by the name of the holder of the permit and
by the year in which the license fee is paid. A copy of such
listing, or portion thereof, certified as correct by the director
of finance, shall be made available upon request to the city
council or to any hearing officer or interested party at any
hearing upon the suspension or revocation of any permit.
Sec. 32-7. Affixing of Vehicle Permit and Device
Evidencing Permit.
The director of finance or his designated agent shall, affix
a vehicle permit to the vehicle for hire or ambulance, in the
lower left hand corner of the rear window, provided, however,
that he shall not affix such permit to any vehicle which does
not have an unexpired sticker affixed to it by the California
Highway Patrol, Santa Ana Police or Orange County Sheriff,
evidencing that the vehicle has passed a safety inspection.
ORDINANCE NO. NS-~9~
PAGE TEN
Sec. 32-8. Driver's Permit - Required.
No driver, owner, dispatcher, or operator of a vehicle 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 be operated any vehicle for hire over any street
of this city for the purpose of transporting a passenger, or
passengers, regardless of whether such operation extends beyond
the boundary limits of the City of Santa Ana, nor shall any
person solicit, induce, persuade, invite or procure such trans-
portation 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 pro-
visions 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 to another destination outside
the City of Santa Ana; provided that no such
driver shall, without such permit, solicit or
accept a passenger or passengers, from within
the City of Santa Ana for transportation to
any destination whatsoever.
(2) A driver of a vehicle being operated by
any public agency.
(3) A vehicle being operated for the purpose
of transporting bona fide pupils attending
an institution of learning between their
homes and such institution.
(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.
Sec. 32-8.1. Same - Application and Fee.
(a) Prior to January 1st of each year,
an application for a driver's
permit shall be filed with the traffic division
of the police department on forms provided by
the police department. Each application shall
be accompanied by a receipt from the treasury
division of the finance department showing the
payment of a nonrefundable fee as established
by resolution of the city council. Drivers'
permits issued upon approval of applications
shall remain in force for a period of one year
from the date of issue. Renewal, replacement,
and duplicate drivers' permits shall cost an
additional fee as established by resolution of
the city council. Drivers' permit applications
(including renewal, replacement, and duplicate
applications) shall include the following
information:
ORDINANCE NO. NS-1394
PAGE ELEVEN
(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) Complexion, color of eyes and hair;
(3) Whether he has ever been convicted or pleaded
guilty or nolo contendere to any crime, felony or
misdemeanor, and, if so, the date, nature of the
offense and the court in which such charge was
made, conviction was obtained or plea of guilty
or nolo contendere was entered;
(4) The kind and number of his California driver's
or chauffeur's license and restrictions thereon,
if any, and whether any license to drive has ever
been suspended or refused or revoked, and if so,
details of the reason and disposition of the matter;
(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, fainting
spells, or been addicted to the use of alcohol,
narcotics, or other form of dangerous drugs.
(7) Whether he has 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.
(b) No driver's permit shall be issued to any
person:
(1) Who is under the age of eighteen (18);
(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 dangerous
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 or omitted to furnish
all information requested on said appli-
cation 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.
ORDINANCE NO. NS-1394
PAGE TWELVE
Sec. 32-8.2. Same - Photographs
Each applicant for a driver's permit shall also file with his
application two (2) acceptable photographs taken within a peri-
od-of not mor~?~h~thirty (30) days, and of a size one and
one-half (1-1/2) inches by two (2) inches, 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 Aha Police Department, and a
record check made, cost of the foregoing to be borne by the
applicant.
Sec. 32-9. Driver's Permit - Display
(a) No driver, owner or operator of a vehicle
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 conspicuous from the
passenger's compartment while said driver is
operating any vehicle for hire.
for
(b) The permittee shall present his permit for
examination upon demand of any official enforcing
the provisions of this chapter.
Sec. 32-10. Permits - Suspension or Revocation.
The city manager, or his designated representative, shall have
the power to suspend or revoke any driver's permit issued here-
under 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 nonissuance 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 his application 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
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 revoca-
tion of such permit. No driver whose permit has been revoked
shall, for one year thereafter, be granted a driver's permit
to operate any vehicle for hire on any street of the City of
Santa Ana, except on the presentation of reasons satisfactory
to the city manager.
ORDINANCE NO. NS- 1594
PAGE THIRTEEN
The city manager may require any holder of a driver's permit
to submit to a physical examination to determine his fitness
to operate a vehicle for hire and should the physician's
report disclose that the permittee is either physically,
mentally, or emotionally unfit to operate a vehicle for hire,
then such 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 in the man~
ner provided in this chapter.
Sec. 32-11. Driver's Permit - Appeal from Denial,
Suspension or Revocation.
Any applicant who is refused a driver's permit, or any driver
whose permit has been suspended or revoked for more than ten
(10) days may appeal such action pursuant to the Uniform Hear-
ing and Appeal Procedure as set forth in Chapter 3 of this Code.
Sec. 32-12. Driver's Permit - Non Transferable.
Driver's permits are not transferable. However, it shall be
lawful for the holder of such driver's permit to use the same
permit if he changes employment from one holder of a vehicle
for hire permit to another such holder.
Sec. 32-13. Driver's Permit - False Statements.
Any false statement or misrepresentation made by an applicant
for the purpose of securing a driver's permit, or renewal there-
of, shall be deemed good and sufficient cause for refusal to
grant, or if granted, for revocation of such permit.
Any person who knowingly or fraudulently shall make, forge,
alter, or counterfeit any driver's permit, vehicle for hire
permit, or certificate of convenience and necessity, or who
shall knowingly have in his possession or shall pass, use, or
tender any such instrument to any other person, shall be deemed
guilty of a misdemeanor.
Sec. 32-14. Employment of Qualified Drivers.
Every holder of a vehicle for hire permit or certificate of
convenience and necessity in the City of Santa Ana shall employ
as drivers only persons who are physically, mentally and emo-
tionally fit and able to perform such duties. It shall be the
responsibility of the holder to select and employ drivers who
are familiar with the streets and addresses in the City of
Santa Ana. No holder shall 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 a misdemeanor for any holder of a vehicle for hire
permit 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 permit of such holder.
ORDINANCE NO. NS-1394
PAGE FOURTEEN
Sec. 32-15. Records and Reports - Required of Holders.
Every holder of a vehicle for hire permit or certificate of
convenience and necessity issued under the provisions of this
chapter shall establish, keep and maintain a system of records
of such business and its operations. Vehicle for hire permit
holders shall maintain a log of complaints agains~ Such
holder and shall enter the name, address and telephone
number of the complainant and the substance of every complaint
received by such holder.
Sec. 32-15.1. Same - Periodic Examinations.
Accurate records of receipts from operations, operating and
other expenses, capital expenditures and such other
operating information as may be required by the director
of finance shall be kept and maintained. Every holder of
a permit or certificate shall maintain the records contain-
ing such information and other data required by this chapter
at a place readily accessible for examination at all reasonable
times by the director of finance or other authorized representa-
tives 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.
Sec. 32-15.2. Same - Monthly Reports.
Each holder of a vehicle for hire permit, not later than the
15th day of each month, shall, upon request of the director
of finance, file verified reports showing all receipts for
all operations during the calendar month, or larger period
of time as said director may specify, next preceding the month
of report in connection with such service for which a permit
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.
Sec. 32-15.3. Same - Annual Reports.
Every holder of a vehicle for hire permit or certificate of
convenience and necessity shall submit to the director of
finance upon 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 the fiscal
year operations, or if found more convenient by both the city
and the holder, such reports may be on the basis of the calendar
year of operations.
Sec. 32-15.4. Same - Equipment, Employees and
Insurance Policies.
Every holder of a permit or certificate shall keep complete
records of all automotive and other equipment, employees,
including drivers, and records of insurance policies required
by this chapter as well as a record of all claims made and
judgments entered against such holder.
ORDINANCE NO. NS- 1394
PAGE FIFTEEN
Sec. 32-15.5. Same - Daily Trip Sheets.
Every driver of a vehicle for hire or ambulance shall maintain
a daily trip sheet.
Sec. 32-15.6. Same - Availability for Examination.
Ail records and reports, trip sheets, and other data pre-
scribed to be maaintained and kept under this chapter shall
be preserved by the holder of the permit or certificate in
a safe place for at least one year after date of the instrument,
and all such records shall be available for examination and
inspection at all reasonable times by the director of finance,
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 the holder, including, but not limited to, names,
and addresses of all partners, shareholders, officers and
directors, corporate papers and permits, minutes books, and
lists of shareholders.
Sec. 32-15.7. Same - Employment.
Each holder of a vehicle for hire permit or certificate of
convenience 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, addresses,
and dates of the beginning and termination of employment of
said drivers, each vehicle in which each such employee was
working, and the hours during which each such driver attendant
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 made
available to the director of finance, chief of police, fire
chief, or city manager, or their delegates, at any time upon
demand, and shall not be destroyed without permission of such
officials.
Sec. 32-16. Evidence of Mechanical Equipment.
(a) Following the issuance of a permit, the holder shall cause
each vehicle to which the permit applies and which is in operating
condition to be inspected pursuant to this chapter as often
as necessary to have an unexpired safety inspection sticker
continuously affixed to the vehicle.
(b) The chief of police or fire chief, whenever he has reason
to believe that a vehicle to which a permit applies is in
an unsafe operating condition, whether or not such vehicle
has affixed to it an unexpired safety inspection sticker, may
by written notice to the holder of the permit, require such
holder to remove the vehicle from use in the business until
such time as the vehicle has passed a new safety inspection.
(c) The chief of police or fire chief, as the case may be,
may also cause each vehicle to which the permit applies to
be inspected to insure compliance with this code.
Sec. 32-16.1. Same - Enforcement.
ORDINANCE NO. NS-1394
PAGE SIXTEEN
(a) It shall be a misdemeanor for any person to pick up or
permit any other person to pick up, a passenger for hire
within the City of Santa Ana in any vehicle for hire or
ambulance which does not have affixed to it an unexpired
safety inspection sticker evidencing that it has been inspected
by the California Highway Patrol, Santa Ana Police Department
or Orange County Sheriff, and found to be in safe operating
condition.
(b) The chief of police or fire chief shall have the power
to revoke or suspend a permit if the holder is found guilty
of violating subsection (a) of this section, or if the holder
fails to comply with the provisions of section 32-16 of the
Santa Ana Municipal Code after being given ten (10) days written
notice to so comply.
Sec. 32-16.2. Same - Necessary Equipment
No vehicle shall be licensed hereunder or used as vehicle
for hire unless it shall at all times have the following
equipment, unless otherwise waived for good reason by the
chief of police:
(a) A spare tire, capable of being used on
any of the wheels of the vehicle.
(b) A set of tools for changing tires.
(c) Three (3) operable safety flares.
(d) Two (2) independently acting braking
systems, either one of which shall be
capable of stopping the vehicle without
load at a distance of thirty-seven (37) feet
when operating on level, dry, asphalt street
at a speed of twenty (20) miles per hour.
(e) Ail glass in windshield, windows, and
doors of safety or shatterproof glass.
Sec. 32-17. Mechanical Condition - Inspection.
(a) A vehicle inspection in satisfaction of the requirements
of section 32-16 shall be an examination of a vehicle to
determine that its equipment, including the lights, brakes,
tires and mechanical parts, and any other parts as deemed
appropriate by the inspecting authority are in good state
of repair and free from obvious defects, and to determine
that the vehicle will not be dangerously defective in operation.
(b) Each vehicle passing such an inspection shall have affixed
by the inspecting agency a sticker evidencing that the vehicle
has been found to be in a safe operating condition and disclosing
the expiration date of the sticker. Such expiration date
shall be determined by uniform procedure established by the
inspecting authority and shall conform to one of the following
standards:
(1) It shall be a date six (6) months
subsequent to the date of inspection; or
ORDINANCE NO. NS-1394
PAGE SEVENTEEN
(2) It shall be a date applicable to all vehicles
inspected within a period beginning eight (8)
months prior to the expiration date and ending
two (2) months prior thereto.
Sec. 32-18. Registration of Vehicles.
Ail motor vehicles operated as vehicles for hire or ambulances
within the City of Santa Ana shall be properly licensed with
the Department of Motor Vehicles of the State of California,
and in the event that the laws governing the licensing of com-
mercial vehicles shall apply, all such vehicles shall be
licensed before being used as vehicles for hire.
Ail vehicles operated as vehicles for hire or ambulances shall
be registered under the name of the holder of the permit or
certificate.
Sec. 32-19. Permit or Certificate Transfer.
An application for permit or certificate transfer shall be
filed in the same manner and in accordance with section 32-2.
A transfer of a certificate of public convenience and neces-
sity shall require city council's approval, and permit trans-
fers shall require approval as if such were a new application.
No permit or certificate may be sold, assigned, mortgaged, leased,
or otherwise transferred, nor shall the majority of any shares of
any stock in any corporation holding any permit or certificate
be sold, assigned, transferred or hypothecated without comply-
ing with the provisions of this section. Violation of this
section shall constitute grounds for revocation of the permit
or certificate.
Sec. 32-20.
Summary suspension of permit pending
opportunity for hearing; misdemeanor
to continue after suspension; revocation.
(a) Whenever it appears to the city manager that the holder
of the permit or certificate 1) has violated any of the pro-
visions of this chapter, or of any rules and regulations
adopted pursuant thereto; or 2) discontinues operations for
more than thirty (30) days; or 3) violates any ordinance of
the City or statute of the State of California or the United
States, which violation indicates the unfitness or indifference
of the holder to offer safe and adequate public transportation
or ambulance service, or would constitute grounds for the denial
of the permit or certificate; or 4) commits any act which would
have been grounds for the denial of the permit or certificate,
the city manager shall have the authority to summarily suspend
the permit or certificate and order the holder to immediately
cease and desist any further operation of said vehicles(s).
(b) Any person who continues to operate a vehicle or ambulance
after any summary suspension thereof, under subsection (a)
of this section shall be guilty of a misdemeanor and upon
conviction thereof, shall be punishable by a fine not exceeding
five hundred dollars ($500.00) or by imprisonment in jail
for a period not exceeding six (6) months, or by such fine
and imprisonment.
(c) The order issued under subsection (a) of this section
shall also notify the holder that he shall have five (5) days
from the date of such order to request a hearing before the
officer who signed such order to determine whether such permit
or certificate shall be revoked. Failure to request, in writing,
such hearing before the city manager within said five (5) day
period, shall result in revocation of the permit or certificate.
ORDINANCE N0. NS- 1394
PAGE EIGHTEEN
(d) Upon such request by the holder whose permit or certificate
has been suspended under subsection (a) of this section for
a hearing to determine whether such permit or certificate shall
be revoked, the city manager shall provide such hearing within
ten (10) days after receipt of such request, at which hearing
the suspended holder may appear before the city manager or
his delegate for the purpose of presenting evidence why the
permit or certificate should not be revoked. No permit or
certificate shall be revoked under this section unless notice
of the time and place of such hearing shall have first been
given at least five (5) days before the hearing thereof by
depositing in the United States mail a notice directed to said
suspended holder at the address given in the application. The
notice shall set forth a summary of the grounds advanced as
the basis of the suspension and revocation.
Sec. 32-21. Revocation - Alternative Procedure.
Whenever it appears to the city manager that grounds for
summary suspension pursuant to Section 32-20 exist., but no
summary suspension is ordered, the permit or certificate may
be suspended or revoked, provided however, the holder may
appear before the city manager or his delegate at the time
fixed by said official, for the purpose of presenting evidence
why the permit or certificate should not be suspended or re-
voked. No permit or certificate shall be suspended or revoked
under this section unless written notice shall have first
been given at least five (5) days before a hearing thereof
by depositing in the United States mail a notice directed
to said holder at the address given in the application.
The notice shall set forth a summary of the grounds advanced
as the basis for the revocation or suspension.
Sec. 32-22. Appeal.
(a) Any holder of a permit or certificate issued under
this chapter who is aggrieved by the decision of the city
manager to revoke said permit or certificate or to suspend
said permit or certificate for a period of time in excess
of thirty (30) days may appeal such decision as provided
in chapter 3 of this Code.
(b) The decision of the city manager to suspend a permit
or certificate issued under this chapter for a period
of time less than thirty (30) days shall be final, and
no appeal may be taken therefrom.
Sec. 32-23. Surrender.
Permits or certificates which have been suspended or revoked
by the city manager or his delegate shall, forthwith, be
surrendered to the city manager or his delegate, and the
operation of any vehicle for hire or ambulance covered by
such permit shall cease.
Sec. 32-24. Refusal of Service.
No owner or driver of any vehicle for hire or ambulance,
licensed under authority of this chapter shall fail or
refuse, when in service and not engaged for hire, to trans-
port to his announced destination at rates authorized in
this chapter any person who presents himself for carriage
in a sober and orderly manner and for a lawful purpose.
ORDINANCE NO. NS- 1394
PAGE EIGHTEEN
(d) Upon such request by the holder whose permit or certificate
has been suspended under subsection (a) of this section for
a hearing to determine whether such permit or certificate shall
be revoked, the city manager shall provide such hearing within
ten (10) days after receipt of such request, at which hearing
the suspended holder may appear before the city manager or
his delegate for the purpose of presenting evidence why the
permit or certificate should not be revoked. No permit or
certificate shall be revoked under this section unless notice
of the time and place of such hearing shall have first been
given at least five (5) days before the hearing thereof by
depositing in the United States mail a notice directed to said
suspended holder at the address given in the application. The
notice shall set forth a summary of the grounds advanced as
the basis of the suspension and revocation.
Sec. 32-21. Revocation - Alternative Procedure.
Whenever it appears to the city manager that grounds for
summary suspension pursuant to Section 32-20 exist~ but no
summary suspension is ordered, the permit or certificate may
be suspended or revoked, provided however, the holder may
appear before the city manager or his delegate at the time
fixed by said official, for the purpose of presenting evidence
why the permit or certificate should not be suspended or re-
voked. No permit or certificate shall be suspended or revoked
under this section unless written notice shall have first
been given at least five (5) days before a hearing thereof
by depositing in the United States mail a notice directed
to said holder at the address given in the application.
The notice shall set forth a summary of the grounds advanced
as the basis for the revocation or suspension.
Sec. 32-22. Appeal.
(a) Any holder of a permit or certificate issued under
this chapter who is aggrieved by the decision of the city
manager to revoke said permit or certificate or to suspend
said permit or certificate for a period of time in excess
of thirty (30) days may appeal such decision as provided
in chapter 3 of this Code.
(b) The decision of the city manager to suspend a permit
or certificate issued under this chapter for a period
of time less than thirty (30) days shall be final, and
no appeal may be taken therefrom.
Sec. 32-23. Surrender.
Permits or certificates which have been suspended or revoked
by the city manager or his delegate shall, forthwith, be
surrendered to the city manager or his delegate, and the
operation of any vehicle for hire or ambulance covered by
such permit shall cease.
Sec. 32-24. Refusal of Service.
No owner or driver of any vehicle for hire or ambulance,
licensed under authority of this chapter shall fail or
refuse, when in service and not engaged for hire, to trans-
port to his announced destination at rates authorized in
this chapter any person who presents himself for carriage
in a sober and orderly manner and for a lawful purpose.
ORDINANCE NO. NS- 1394
PAGE NINETEEN
Sec. 32-25. Penalty for Violation.
Any person, partnership, corporation, firm, registered
owner, or holder of a permit or 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 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 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.
ARTICLE II. TAXICABS
Sec. 32-30. Permit Requirements.
(a) No person shall engage in the business of owning or
operating a vehicle for hire within the City without first
obtaining a permit from the City for the operation of such
business as well as a permit for each vehicle used in
such business.
(b) No person shall pick up any passenger(s) for hire
in the City in a vehicle for hire unless that vehicle has
been affixed with the appropriate stickers and device evidenc-
ing that it is authorized to operate within the City as a
vehicle for hire.
(c) No person shall solicit any passenger(s) for hire in the
City in a vehicle for hire unless that vehicle has been affixed
with the appropriate stickers and device evidencing that it
is authorized to operate within the City as a vehicle for hire.
(d) Three (3) or more violations of subsection (a) of this
section within any twelve (12) month period by a permit holder
shall constitute grounds for revocation of such holder's permit
pursuant to section 32-20. For the purpose of such revocation
proceedings, a presumption is created that any person convicted
of or pleading guilty or nolo contendere to any violation
of subsections (a), (b), or (c) of this section, who was using
a vehicle during such violation which at the time of the vio-
lation was registered to, or owned or controlled by, a permit
holder is deemed to have been acting with the permission of
such permit holder.
Sec. 32-31. Identification - Color Scheme.
Ail vehicles of a holder of a permit shall be painted in
accordance with a 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.
Subsequent to approval of the color scheme and a monogram
or insignia by the chief of police, the holder shall furnish
to the chief of police an eight (8) inch by ten (10) inch color
photograph of a completely equipped vehicle for each approved
color scheme and monogram or insignia. The color scheme adopted
by any holder of a permit shall not be used by any other holder.
No change whatever in the color scheme or distinguishing char-
acteristics of any vehicle shall be made without written per-
mission from the chief of police.
ORDINANCE NO. NS- 1394
PAGE TWENTY
Sec. 32-31.1. Same - Name, Lettering and Designs.
The name of the holder of the permit 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
locations acceptable to the chief of police. All required
lettering shall be not less than three and one-half (3-1/2)
inches in height and not less than one-half (1/2) inch 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 permit
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 chief 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 the City of Santa
Ana under the terms of this chapter.
Sec. 32-31.2. Same - Disqualification
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 vehicle
is qualified for operations as a vehicle for hire, including
but not limited to, cruising lights, shall be removed immediately
from such vehicle, and any person failing to remove the same
after disqualification shall be guilty of a misdemeanor.
Sec. 32-31.3. Same - Imitations Prohibited.
No vehicle operating under the terms of this chapter shall bear
a color scheme, identifying design, monogram 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 permit in such a manner as to be misleading
or tend to deceive or defraud the public
Sec. 32-31.4. Rates to be Filed.
Every holder of a vehicle for hire permit shall file br
cause to be filed with the chief of police a true and correct
statement of the rates to be charged for the transportation
of passengers in any and all vehicles for hire operated by said
holder, and such holder shall not change or modify said rates
in any manner unless he shall have first filed with and
received the written permission of the chief of police to do so.
Sec. 32-31.5. Same Overcharges.
Any charge made, or sought to be made, to any patron of any
vehicle for hire 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
ORDINANCE NO. NS- 1394
PAGE TWENTY-ONE
of any vehicle for hire to make proper returns to his employer,
shall result in immediate suspension of the driver's permit
until such time as such permit is either reinstated or revoked.
Sec. 32-31.6. Same - Restitution.
The person or the employer of a person , responsible
for any charge, other than that authorized by this chapter,
shall be required to make restitution jointly and severally
to any overcharged patron for the amount of the overcharge.
Sec. 32-32. Solicitation of fares; taxicab stands.
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,
No taxicab driver, or other person, shall solicit patronage
in the terminal of any common carrier, or in the street within
one hundred (100) feet of such terminal, or at any regular
pickup point of any other common carrier without written per-
mission from the person operating such terminal or from such
common carrier. No fixed taxicab stands shall be provided
upon the streets of the city.
Sec. 32-33. Transporting Persons for Purpose
of Prostitution, etc.
It shall be unlawful for any driver of a taxicab knowingly
to transport any passenger to the abode of a prostitute, or
knowingly to transport any criminal, narcotic peddler, prostitute
or boot-legger in the commission 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.
Sec. 32-34. Taximeter - Operation.
No holder of a permit shall operate, drive, cause or permit
to be driven or operated any taxicab in the City of Santa Aha
unless and until the taximeter for such taxicab shall have
been approved by 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 transportation of passengers, regardless
of the point of destination.
Sec. 32-34.1. 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 passenger riding in any such
taxicab.
ORDINANCE NO. NS- 1594
PAGE TWENTY-TWO
Sec. 32-34.2. Same - Inspection.
Every taximeter used in the operation of taxicabs shall be
subject to inspection at any time by the director of finance,
any of his agents or employees or other appropriate state or
county authority. 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.
Sec. 32-34.3. Same - Flag 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 taximeter to a position indicating said vehicle
is unemployed at the termination of each and every service.
Sec. 32-34.4. Same - Charge to be Registered.
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.
Sec. 32-34.5. 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 therefor 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.
Sec. 32-34.6. Same - Charges Must Be Indicated.
Ail charges for transportation of passengers in taxicabs
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.
Sec. 32-34.7. Same - Rates to be Displayed in Vehicle.
Every taxicab shall have conspicuously 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 business
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 shall give the number of his vehicle on the
inquiry of any person.
12/21/77
ORDINANCE NO. NS-1394
PAGE TWENTY-THREE
Sec. 32-34.8. Same - Deduction for Time While Disabled.
In the event any taxicab or vehicle for hire shall, while
under employment, become disabled, or break down without
fault of the passenger, the time of stoppage shall be de-
ducted from the charge made.
Sec. 32-35. Top Light Indicating Occupancy
of Taxicab Required.
On top of every taxicab, there shall be an electric light
sign, or top light, which shall be illuminated when the taxi-
meter flag is in "vacant" or nonearning 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 be approved by the chief of police.
Sec. 32-36. 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, merchandise or other
property left in the taxicab. If the owner is not known,
the driver shall deliver to the holder of the permit, im-
mediately upon the driver's return to the terminal, any
property whatsoever left in his taxicab and specify the
circumstances relating thereto.
Sec. 32-37.
Duty of Holder of Permit to Produce
Vehicle for Inspection; Testing and
Sealing of Taximeter; Cost of Test
and Inspection to be Borne by Holder.
It shall be the duty of every holder to have any and all taxi-
cabs operated by him at any designated place and at such
reasonable times as may be specified by any appropriate regu-
latory authority 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 taximeters tested and
sealed in accordance with the provisions of law. The cost
of any tests and examinations shall be borne by the holder
of the permit.
Sec. 32-38. 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 within the City of
Santa Ana subject to the following:
(1) Fares shall be no more than an amount
established by resolution of the city
council.
(2)
Taxicab operators may operate the taxicab
as a jitney only along the existing bus
routes.
(3)
There shall be two (2) placards, reading
"jitney" and displaying the price per
passenger as established by resolution of
the City Council, one of which shall be
visible by potential passengers and the
other fixed to the right hand visor
facing the passengers riding therein.
ORDINANCE NO. NS- 1394
PAGE TWENTY-FOUR
Sec. 32-39. Reserved.
Sec. 32-40. Rules and Regulations.
The chief of police shall issue from time to time as he
deems necessary, rules and regulations to implement the pro-
visions of this article. Such rules and regulations shall
have the force of law, and the failure to obey same shall
be considered a violation of the provisions of this chapter.
ARTICLE III. AMBULANCES
Sec. 32-60. Certificate and Permit Requirements.
(a) No person shall engage in the business of owning or
operating an ambulance or ambulances within the City without
first obtaining a certificate of convenience and necessity
from the City for the operation of such business as well as
a permit, and appropriate stickers and device affixed to
each ambulance certifying that it is authorized to operate
within the City as an ambulance. This section shall not be
construed to require a certificate of convenience and necessity
to operate an ambulett~ or ambulettes. The word "ambulette"
shall mean any privately owned vehicle equipped or primarily
used for transporting handicapped persons for non-emergency
purposes.
(b) No person shall pick up any passenger(s) for hire in
the City in an ambulance unless that vehicle has been affixed
with the appropriate stickers and device evidencing that it
is authorized to operate within the City as an ambulance.
(c) No person shall dispatch any ambulance to pick up
passenger(s) for hire in the City unless the ambulance dis-
patched has been affixed with the appropriate stickers and
device evidencing that it is authorized to operate within the
City as an ambulance.
(d) Three (3) or more violations of subsection (a) of this
section within any twelve (12) month period by a certificate
holder shall constitute grounds for revocation of such holder's
certificate pursuant to Section 32-20. For the purpose of such
revocation proceedings, a presumption is created that any
person convicted of or pleading guilty or nolo contendere
to any violation of subsections (a), (b), or (c) of this
section, who was using an ambulance during such violation
which at the time of the violation was registered to, or owned
or controlled by, a certificate holder is deemed to have been
acting with the permission of such certificate holder.
Sec. 32-61. Absence of Public Convenience and Necessity.
Before any certificate of public convenience and necessity to
operate an ambulance in the City of Santa Ana may be granted
by the city council, a public hearing shall be held to de-
termine 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 shall be granted by the city council.
ORDINANCE NO. NS- 1394
PAGE TWENTY-FIVE
Sec. 32-62. Same - Notice of hearing and appointment of hear-
ing 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 (2) 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
the same business in the city, at least ten (10) days prior
thereto, by either causing a copy of such notice to be de-
livered to the applicant(s) and above described persons per-
sonally or by mailing a copy thereof by certified or registered
mail addressed to the applicant(s) at the address or addresses
shown in the application and to all other persons at their last
known address. Notice shall be given to the public by publica-
tion 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:
Sec ·
"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 application of
................................ for a Certificate
of Convenience and Necessity to operate ..........
......................... in the City of Santa Ana.
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 oppor-
tunity to rebut the testimony of all persons testify-
ing at this hearing.
"You are reminded that pursuant to Section 32-7 of
the Santa Ana Municipal Code, the applicant has the
burden of proof at this hearing."
32-63. Same - General powers of the hearing officer.
The hearing officer may receive and rule on the admissibility
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 con-
venience and necessity and then hear the individual applicants
on the issue of fitness, etc., in the order of the filing of
their applications.
Sec. 32-64. Same - Burden of proof.
In the hearing provided for herein, the burden of proof shall
be upon the applicant to establish by clear, cogent, and con-
vincing 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 per-
form such transportation of persons and property as proposed
in the application.
ORDINANCE NO. NS- 1394
PAGE TWENTY - SIX
Sec.
32-65. 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:
(1)
The hearing officer shall first determine whether
further service of the type proposed by the appli-
cants 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 ambulances already operating in
the city.
(b) Whether existing ambulances are adequate
to meet the public needs.
(c)
The probable effect of the proposed increase in
ambulance numbers on local ambulance conditions.
(d) Whether the increased service will result in com-
petition that will be adverse to the public interest.
(e) The working conditions and wages paid to drivers.
(f) The demand of the public for additional service.
(g) Whether the present service is inadequate.
(2)
Thereafter, the hearing officer shall determine whether
the applicant is fit and able to perform such ambulance
service and to conform 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 financial responsibility,
of the applicant and such other relevant facts as he
may deem advisable.
Sec. 32-66. 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 con-
tain a brief summary of the evidence considered and state the
officer's findings, conclusions and recommendation. The rec-
ommendations shall include whether public convenience and
necessity requires additional service, and, if so, whether
the applicant is fit and able. The report shall also contain
a proposed decision in such form that it may be adopted by the
council as its decision in the case. Ail such reports 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 on the date it is filed with the council.
Sec. 32-67. 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 raailed to each interested party not less than five (5)
days prior to the date fixed, unless it is otherwise stipulated
by all parties.
ORDINANCE NO. NS- 1394
PAGE TWENTY-SEVEN
Sec. 32-68. Same - Exceptions to report.
Not later than three (3) days before the date set to consider
the report, any party may file written exceptions 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.
Sec. 32-69. Same - Disposition by the city council.
The city council may adopt, reject or modify the proposed
decision in accordance with the standards set forth in this chapter.
Sec. 32-70. 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 re-
quire additional service of the type proposed;
or
(b)
There was a finding that the applicant was either
not fit and/or able to perform such public trans-
portation; and/or not able to conform to the pro-
visions of this chapter or rules and safety stand-
ards established by the City of Santa Ana.
Sec. 32-71. 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 32-65,
with or without taking additional 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 hearing officer with or without 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 re-
assigned to a hearing officer, he shall prepare a report and
proposed decision as provided in section 32-66 hereof, after
hearing additional evidence and the new decision shall be
considered by the council as provided in section 32-69.
Sec. 32-72. 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 appli-
cants, it may refer the matter to the hearing officer for re-
hearing or hear the matter directly, limiting additional evi-
dence to that issue.
ORDINANCE NO. NS- 1394
PAGE TWENTY-EIGHT
Sec. 32-73. 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 ambulance or ambulances proposed
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 identi-
fication of the ambulances proposed to be operated by such
applicant with those of another operating in the city.
In the event that an application for a certificate of public
convenience and necessity 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 a
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.
Sec. 32-74. Identification - Color scheme.
Ail vehicles of a holder of a certificate shall be painted
in accordance with a color scheme approved by the fire chief,
and on each vehicle there may be painted a monogram or in-
signia for identification purposes that has been similarly
approved. Subsequent to approval of the color scheme and a
monogram or insignia by the fire chief, the holder shall furnish
to the fire chief an eight (8) inch by ten (10) inch color
photograph of a completely equipped vehicle for each approved
color scheme and monogram or insignia. No change whatever in
the color scheme or distinquishing characteristics of any
vehicle shall be made without written permission from the
fire chief.
Sec. 32-75. Same - Name, lettering and designs.
The name of the holder of the certificate or the trade name
under which he or it does business, shall be displayed on both
sides and the rear of each ambulance in letters which contrast
sharply with the background. All required lettering shall be
not less than four (4) inches in height, of proportionate
width, and of such color as to be readily legible during day-
light hours. If uppercase letters are not less than four and
one-half (4-1/2) inches in height, lowercase letters may be
three-fourths (3/4) of the uppercase height. There may also
be placed an identifying design of such holder's business as
approved by the fire chief. The lettering on all vehicles
owned by a subsidiary or operating unit of the holder of a
certificate shall be the same wording, same color scheme, same
size letters and on the same place or places on each vehicle,
as may be approved by the fire chief. 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.
ORDINANCE NO. NS- 1394
PAGE TWENTY~NINE
Sec. 32-75.1. Same - Disqualification of Ambulances.
In the event any ambulance is, for any reason, disqualified
under the terms and provisions of this chapter from operat~
lng as such, all such signs or equipment provided by this
chapter, and any other device or insignia indicating that
such vehicle is qualified for operations as an ambulance,
including but not limited to, red lights and siren shall be
removed immediately from such vehicle, and any person fail-
ing to remove the same after disqualification shall be guilty
of a misdemeanor.
Sec. 32-75.2. Same - Imitations prohibited.
No ambulance operating under the terms of this chapter shall
bear a color scheme, identifying design, monogram or insignia
which conflicts with or imitates any color scheme, identifying
design, monogram or insignia used on the ambulances of any
other holder of a certificate in such a manner as to be mis-
leading or tend to deceive or defraud the public.
Sec. 32-76. Rates to be filed.
Every holder of a certificate shall file or cause to be filed
with the fire chief a true and correct statement of the rates
to be charged for the transportation of passengers in any and
all ambulances operated by said holder, and such holder shall
not change or modify said rates in any manner unless he shall
have first filed with and received the written permission of
the fire chief to do so.
Sec. 32-76.1. Same - Restitution.
The person or the employer of a person, responsible for any
charge, other than that authorized by this chapter, shall be
required to make restitution jointly and severally to any
overcharged patron for the amount of the overcharge.
Sec. 32-77. Illegal Solicitations.
No ambulance owner, operator, attendant, or driver shall
solicit passengers at the scene of an accident unless the
same has been summoned by telephone communication, except as
may otherwise be directed by a peace officer, and no ambu-
lance shall go to the scene of an accident discovered by
monitoring short wave police calls.
ORDINANCE NO. NS- 1394
PAGE THIRTY
Sec. 32-78. Inspection of Ambulances - Safety Equipment.
Ail ambulances operating within the city shall maintain in
working order all safety equipment pursuant to Article 13,
section 1102(b) of the California Administrative Code and
the rules and regulations issued by the fire chief pursuant
to this article. The fire chief or his designated represent-
ative shall have the right to inspect such ambulances upon
demand. Failure to maintain such equipment in working order
shall be cause for immediate suspension and/or revocation of
the ambulance permit by the fire chief.
Sec. 32-79. Rules and Regulations.
The fire chief shall issue from time to time as he deems
necessary, rules and regulations to implement the provisions
of this article. Such rules and regulations shall have the
force of law, and the failure to obey same shall be considered
a violation of the provisions of this chapter.
Sec. 32-80. Emergency Service Sectors.
The fire chief may divide the City into such sectors as he
deems appropriate and assign holders of certificates to such
sectors as necessary for purposes of receiving emergency calls
from the City of Santa Ana.
Section 2:
That Chapter 38 of the Santa Ana Municipal Code is hereby
repealed.
Section 3:
If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held to be invalid or un-
constitutional 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 portions thereof irrespective of the fact that
any one or more sections, subsections, sentences, clauses,
phrases or portions be declared invalid or unconstitutional.
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 ordinance relating
ORDINANCE NO. NS- 1394
PAGE THIRTY-ONE
to the collection of any such license or penalty or the penal
provisions applicable to any violation thereof, nor to affect
the validity of any bond or cash deposit in lieu thereof,
required to be posted, filed or deposited pursuant to any
ordinance and all rights and obligations thereunder apper-
taining shall continue in full force and effect.
ADOPTED, this 6th day of February , 197~8,
by the following vote:
ATTEST:
AYES, COUNCILMEN: Brandt, Ward, Ortiz,
Evans, Garthe
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN: Brick, eh'
MAYOR
Yamamoto,
C~ERK OF THE COUNCIL
APPROVED AS TO FORM:
KEITH L. GOW
CITY ATTORNEY