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Home My WebLink AboutNS-2339 - Revising Chapter 32 of the Santa Ana Municipal Code - Vehicles for HireORDINANCE NO. NS-2339 AN ORDINANCE OF THE CITy OF SANTA ANA REVISING CHAPTER 32 OF THE SANTA ANA MUNICIPAL CODE - VEHICLES FOR HiRE THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Article I. General Provisions, section 32-1 - 32-29 be repealed and replaced with the following: ARTICLE I. AMBULANCES Sec. 32-1. Ambulence Agreement Ambulances, or other vehicles used in the transportation of sick, injured, wounded, handicapped or deceased, will be licensed and regulated by the County of Orange, through a mutual agreement of the City of Santa Ana and the County of Orange. Sec. 32-2. Ambulance Requirement Those companies operating vehicles used in the transportation of sick, injured, wounded, handicapped or deceased persons in Santa Ana shall obtain a permit through the County of Orange and shall pay City Business Tax fees as adopted by the Santa Ana City Council. SECTION 2: That Article I1. Taxicabs, sections 32-30 - 32-59 be repealed and replaced with the following: ARTICLE II. TAXICABS Sec. 32-3. Definitions For the purpose of this Ordinance, the words and phrases herein defined shall be construed in accordance with the following definitions. (a) 'City" means the City of Santa Ana (b) ~City authorization" means City authorization to operate a taxicab business in the City. (c) "Driver" means a person who drives or controls the movements of a taxicab. (d) "Driver's Permit" means a valid permit issued by OCTAP authorizing a person to drive or control the movements of a taxicab. (e) 'OCTAP" means the Orange County Taxi Administration Program administered by the Orange County Transportation Authority. (f) 'Operate a taxicab" means to drive a taxicab and either solicit or pick up passengers for hire in the City. (g) 'Owner" means the registered owner or lessor of a taxicab. (h) 'Person" includes natural person, firm, association, organization, partnership, business, trust, corporation, or public entity. (i) "Taxicab" means a vehicle operated within the jurisdiction of the City, capable of carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. The term shall exclude a vehicle operating as a Charter Carrier licensed as such by any state agency, including the Public Utilities Commission, or any other vehicle having a Certificate of Public Convenience and Necessity issued by any state agency, including the Public Utilities Commission. (j) 'Taxicab Business Permit" means a valid permit issued by OCTAP authorizing a person to operate a taxicab business. (k) 'Taxicab VehiCle Permit" means a valid permit issued by OCTAP authorizing a particular vehicle to be operated as a taxicab. (I) 'Vehicle for Hire Permit" means a permit issued by the City of Santa Aha to operate a Taxicab Company in Santa Ana. Sec. 32-4. City Taxi Permit Required (a) A person shall only operate a taxicab if the owner of that taxicab has a Vehicle for Hire Permit issued by the City of Santa Aha. (b) An owner shall only allow a taxicab owned by the owner to be operated if the owner of that taxicab has a Vehicle for Hire Permit issued by the City of Santa Ana. (c) Any Taxicab Company with a valid OCTAP 'Taxicab Business Permit" may apply to operate a taxicab business in Santa Ana. s- ss9 063 (1) An applicant for a Taxicab Vehicle for Hire Permit shall be filed with the Chief of Police. The aPPli(~tion will include the following information. a) b) c) d) e) f) g) h) Company name, address, telephone numbers. Owner information (corporation officers if incorporated). Name of principal person in charge of day to day operations. Copy of Valid OCTAP Permit. Radio frequencies utilized to dispatch taxicabs. List of vehicles to be licensed in Santa Ana, information to include vehicle license (or VIN if no license), vehicle make, vehicle year. List of other Orange County cities company is licensed to work in. Proof that any background fees have been paid. (2) The Chief of Police, or his designee, shall verify the OCTAP 'Taxicab Business Permit" is valid and the vehicles listed have current 'Taxicab Vehicle Permits" issued by OCTAP. The application information shall also be verified. (3) After verification of the required information, the company will be directed to Santa Ana Business Licensing to pay any licensing fee. (4) Santa Ana Business Licensing will issue Business Tax Stickers for each vehicle licensed to work in Santa Ana. Each vehicle shall display the sticker in the lower left-hand corner of the rear window. a) No taxicab shall pick up passengers in Santa Ana without displaying both a valid OCTAP Vehicle Sticker and a current City of Santa Ana Business Tax Sticker. Nor shall any owner allow a driver to pick up a passenger in a vehicle without the required stickers. (5) The company shall then provide an updated list of vehicles licensed to work in Santa Ana to the Chief of Police, or his designee, to include vehicle license (or VIN), vehicle year, vehicle make, and the Business Tax Sticker number for that vehicle. a) The company shall provide an updated list of licensed vehicles to the Chief of Police, or his designee, within 72 hours of any changes. (d) Any Taxicab Company with a suspended, revoked, or expired OCTAP Taxicab Business Permit must cease operating in Santa Ana and notify the 0~4ORDINANCE NS-2339 Chief of Police, or his designee, of the circumstances surrounding the revocation, suspension or expiration, in writing. (1) The Taxicab Company will be eligible to work in Santa Ana after the OCTAP Taxicab Business Permit is reinstated. (e) Three or more violations of this Code within any 12-month period by a Taxicab Business Permit holder shall constitute grounds for revocation of such holder's permit to operate a taxicab company in Santa Ana. 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 this Code, who was using a vehicle during such violation which at the time of the violation wes registered to, or owned or controlled by, a permit holder is deemed to have been acting with the permission of such permit holder. Sec. 32-5. Driver's Permit Required ~, A person shall only operate a taxicab if that person possesses a Driver's Permit and if City authorization has been obtained. An owner shall only allow a driver to operate a taxicab owned by the owner if that driver possesses a Driver's Permit and if City authorization has been obtained. Sec. 32-6. Taxicab Vehicle Permit Required A person shall only operate a taxicab if that vehicle displays a Taxicab Vehicle Permit and if City authorization has been obtained. An owner shall only allow a taxicab owned by the owner to be operated in the City if that vehicle displays a Taxicab Vehicle Permit and if City authorization has been obtained. Sec. 32-7. Taxicab Business Permit Required A person shall only operate a taxicab business in the City if that person possesses a Taxicab Business Permit and if City authorization has been obtained. Sec. 32-8. Application for Permits Application for a Driver's Permit, Taxicab Vehicle Permit or Taxicab Business Permit shall be made to OCTAP, upon a form provided by OCTAP and shall be accompanied by an application fee sufficient to cover the administrative costs of processing said application as established by the Orange County Transportation Authority. Sec. 32-9. Testing for Controlled Substances and Alcohol ORDINANCE NS-2339 · ~065 A driver shall test negative for controlled substances and alcohol as required by applicable state statutes. Sec. 32-10. Insurance Required A driver operating a taxicab in the City shall carry with him/her at all times proof of insurance covering that vehicle, with such policy limits and coverage as established by OCTAP and adopted by separate resolution of the City Council. Said proof of insurance must clearly identify the vehicle covered. Sec. 32-11. Nontransferability No permit issued under this Ordinance shall be assigned to, or used by, any person or vehicle other than the person or vehicle named in such permit. Sec. 32-12. Equipment A taxicab operated under the authority of this Ordinance shall be equipped according to the standards established by OCTAP and adopted by separate resolution of the City Council. Sec. 32-13. Mechanical Condition A taxicab operated under the authority of this Ordinance shall be maintained according to the standards established by 0CTAP and adopted by separate resolution of the City Council. Sec. 32-14. Operational Requirements (a) A driver shall only carry a passenger to his/her destination by the most direct and accessible route. (b) A taxicab shall have all permits issued by OCTAP conspicuously displayed according to the standards established by OCTAP and adopted by separate resolution of the City Council. (c) A taxicab shall have the following information continuously posted in a prominent location in the taxicab passenger's compartment according to the standards established by OCTAP and adopted by separate resolution of the City Council. (1) A schedule of rates and charges for the hire of said taxicab; (2)The driver's name and address; (3) The owner's name, address and telephone number; (4) The taxicab identification number; (5) The Driver's Permit issued pursuant to this Ordinance; (6) The Taxicab Vehicle Permit issued pursuant to this Ordinance; 066' ORDINANCE NS-2339 (7) Any other information required by the City. (d) A driver shall give a receipt for the amount charged upon the request of the person paying the fare. (e) A taxicab shall only be operated if the passenger compartment is kept in a clean and sanitary condition. (f) A driver shall not leave his taxicab to solicit passengers. (g) The name or trade name of the owner and the number of which the taxicab is designated shall be printed, stamped or stenciled conspicuously on the outside of each taxicab according to the standards established by OCTAP and adopted by separate resolution of the City Council. Sec. 32-15. Rates and Charges No driver shall charge rates and charges other than those established by OCTAP and adopted by separate resolution of the City Council. Sec. 32-16. Separate from Business Licensing The requirements of this Ordinance are separate and independent from the business licensing and any other provisions under the City Code. (a) Misdemeanor. Any person vio/ating any of the provisions or failing to comply with any of the mandatory requirements of this Ordinance may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by po/ice officers or by nonsafety employees designated by the City by separate reso/ution. ~4ny person convicted of a misdemeanor under the provisions of this Ordinance shall be punished by a fine not exceeding one thousand dollars (~1,000.00) or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. SECTION 3: That Article III. Sections 32-17 - 32-80 be reserved. ADOPTED this 1st day of December 1997. COUNCILMEMBERS: Pulido Aye Richardson Aye Espinoza Absent Franklin Aye Lutz ~ McGuigan Aye Moreno Aye //Niiguel A./Pulido 4-' Mayor APPROVED AS TO FORM: CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance No. /t)~ - ~.~ -% ~/ to be the original ordinance adopted by the City Council of the City of Santa Aha on /~ - / - q7 7 ; and that said ordinance was published in accordance with the Charter of the City of Santa Aha. Date: ~ -~ - ~ 7 5~/v'~"- 7 "'- -------- '~C~Santa Aha 7