HomeMy WebLinkAboutCC ORD 2004-2256 Repealing and Reenacting Chapter 11.70 Transportation ServicesORDINANCE NO. 2004 — 2256
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING TITLE 11 OF THE NATIONAL CITY MUNICIPAL CODE
BY REPEALING AND REENACTING CHAPTER 11.70
PROVIDING FOR THE LICENSING AND THE REGULATION OF
TRANSPORTATION SERVICES WITHIN THE CITY BY THE ADOPTION
OF A UNIFORM TRANSIT SYSTEM
BE IT ORDAINED by the City Council of the City of National City that Title
11 of the National City Municipal Code is hereby amended by repealing and reenacting
Chapter 11.70 to read as follows:
Chapter 11.70
REGULATION AND LICENSING OF TRANSPORTATION SERVICES
Sections:
11.70.010 Definitions
11.70.020 Purpose and authority
11.70.030 Operating permit
11.70.040 Equipment
11.70.050 Vehicle contents and driver appearance requirements
11.70.060 Radio services regulations
11.70.070 Operating documentation requirements
11.70.080 Driver's identification card
11.70.090 Fares
11.70.100 Regulatory fees
11.70.110 Stands; authority to designate
11.70.120 General provisions
11.70.130 Violations
11.70.010 Definitions. The following words and phrases, wherever used in this
Section, shall be construed as defined in this Section, .unless from the context a
different meaning is intended, or unless a different meaning is specifically defined and
more particularly directed to the use of such words or phrases.
A. "Charter vehicle" shall mean every vehicle which:
1. Transports passengers or parcels or both over the public streets of
the city;
2. Is routed at the direction of the hiring passenger;
3. Is prearranged in writing for hire;
4. Is not made available through "cruising"; and
5. Is hired by and at the service of a person for the benefit of himself
or herself or a specified group.
B. "City" as to jurisdiction shall mean the City of National City, in the County
of San Diego, California. "City" as to authority shall mean the City Manager or his or her
designated representative.
C. "Compensation" shall mean any money, thing of value, payment,
consideration, reward, tip, donation, gratuity, or profit paid to, accepted, or received by
the driver or owner 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.
D. "Cruising" shall mean the movement over the public streets of a taxicab or
low -speed vehicle (LSV) in search of prospective passengers; except the term does not
include either the travel of a taxicab or LSV proceeding to answer a call for service
received by telephone or radio from an intended passenger, or the travel of such a
vehicle, having discharged a passenger or passengers, returning to the owner's place of
business or to its established point of departure.
E. "Driver" shall mean every person operating any for -hire vehicle.
F. "Driver's identification card" shall mean that license, issued by the San
Diego County Sheriff's Department that permits a person to drive a for -hire vehicle
within the County.
G. "Exclusive ride" shall mean exclusive use of a for -hire vehicle by one or
more related passengers at a time.
H. "Facially credible complaint" means a complaint based on facts sufficient
to establish that the complaint is valid, with an absence of facts to the contrary.
"For -hire vehicle" shall mean every vehicle that is operated for any fare for
compensation and used for the transportation of passengers over public City streets,
irrespective of whether such operations extend beyond the boundary limits of the City.
Such for -hire vehicles shall include taxicabs, vehicles for charter, jitneys, nonemergency
medical vehicles, sightseeing vehicles, and LSVs. "For -hire vehicle" shall not include a
public transit vehicle owned or contracted for by the Metropolitan Transit Development
Board, the Public Utilities Commission, or a vehicle properly licensed by the state or
county as an emergency medical vehicle, or a vehicle involved in an organized carpool
not available to the general public.
J. "Group ride" shall mean shared use of a taxicab or LSV where a group of
related passengers enter at the same point of origin and disembark at the same
destination and pay a single fare for the trip.
K. "Implementation Regulations for Paratransit Vehicles" shall mean those
regulations adopted by the City Council for implementing this Chapter.
L. "Jitney" shall mean every vehicle which:
1. Transports passengers or parcels, or both, over the public streets
of the city;
2. Follows a fixed route of travel between specified points with the fare
based on a per capita charge established in its permit; and
3. Is made available to boarding passengers at specified locations
along its route on a variable schedule.
M. "Low -speed vehicle" ("LSV") is a motor vehicle, other than a motor truck,
having four wheels on the ground and an unladen weight of 1,800 pounds or Tess, that
is capable of propelling itself at a minimum speed of 20 miles per hour and a maximum
speed of 25 miles per hour, on a paved level surface. For the purposes of this Section,
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a "low -speed vehicle" is not a golf cart, except when operated pursuant to California
Vehicle Code Section 21115 or 21115.1.
N. "Medallion" shall mean the numbered plate, sticker or decal issued by the
City to the permit holder which is displayed on a for -hire vehicle to indicate the
authorized use or uses of that vehicle.
O. "MTDB" shall mean the Metropolitan Transit Development Board or its
designated representatives.
P. "City inspector" shall mean those individuals, regardless of job title, who
are authorized by the City Manager, and by ordinance, to enforce the provisions of this
Chapter.
Q. "Nonemergency medical vehicle" shall mean every vehicle which
transports physically and/or mentally disabled persons who require supervision and/or
specialized transportation equipment or assistance related to the disability, and such
persons' attendants, over the public streets of the city.
R. "Operate" or "Operating" shall refer to the solicitation or acceptance of a
fare within city limits for compensation. It shall also include, as the context may require,
the act of driving, managing or directing the utilization of one or more for -hire vehicles.
S. "Owner" shall mean the person, partnership, association, firm, business,
or corporation that is the registered owner of any for -hire vehicle, and that holds the
right to use the vehicle for its advantage.
T. "Paratransit vehicle" shall mean any "for —hire vehicle" as defined in
Subsection I.
U. "Permit" shall mean the authority under which a person, firm, partnership,
association, or corporation may operate a for -hire vehicle as a business.
V. "Permit holder" shall mean any person or approved entity operating a
business under a for -hire vehicle permit.
W. "Shared ride" shall mean nonexclusive use of a for -hire vehicle by two or
more unrelated passengers traveling between different points of origin and/or
destinations, and traveling in the same general direction.
X. "Sightseeing vehicle" shall mean every vehicle which:
1. Transports passengers for sightseeing purposes of showing points
of interest over the public streets of the city; and
2. Charges a fee or compensation therefore; regardless of whether
any fee or compensation is paid to the driver of such sightseeing vehicle, either by the
passenger or by the owner or by the person who employs the driver or contracts with
the driver or hires such sightseeing vehicle with a driver to transport or convey any
passenger; and irrespective of whether or not such driver receives any fee or
compensation for his or her services as driver.
Y. "Stands" shall mean public areas designated for specific use by for -hire
vehicles.
Z. "Street" shall mean any place commonly used for the purpose of public
travel.
AA. "Taxicab" shall mean every vehicle other than a charter vehicle, a jitney, a
nonemergency medical vehicle, a sightseeing vehicle, or LSV which:
1. Transports passengers or parcels, or both, over city public streets.
2. Is made available for hire on call or demand through "cruising," at
taxicab stands or by telephone to destination(s) specified by the hiring passenger.
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BB. "Taximeter" shall mean any instrument, appliance, device or machine by
which the charge for hire of a passenger -carrying vehicle is calculated, either for
distance traveled or time consumed, or a combination of both, and upon which such
charge is indicated by figures.
CC. "Vehicle" is a device by which any person or property may be propelled,
moved, or drawn upon a street, except a device moved exclusively by human power or
used exclusively upon stationary rails or tracks.
11.70.020 Purpose and authority. A. Purpose. The purpose of this Chapter
is to ensure the safe and orderly operation of paratransit vehicles within the City of
National City and to provide that regulation of paratransit vehicles be performed and
supervised by the City, in order to best serve the public interest.
B. Authority.
1. Authority for this Chapter. The enabling authority for this Chapter is
Vehicle Code Section 16501 et seq., Government Code Sections 4500(b), 37101,
37350, 37359, and Public Utilities Code Section 120266 et seq.
2. Issuing Authority. The City may designate from time to time the
City department that may issue the operational permits and medallions, and who may
conduct inspections.
11.70.030 Operating permit. A. The following provisions shall govern the
application for issuance, denial, duration, transfer, and suspension or revocation of
operating permits.
1. Parameters.
a. No person shall engage in the business of operating any for -
hire vehicle or providing any vehicle for the operation of vehicles for -hire services within
the City without first having obtained an operating permit from the City, which permit
shall not have been revoked, suspended or otherwise canceled or terminated by
operation of law, for a violation of this Chapter, or otherwise. A separate permit is
required for each for -hire vehicle operated or provided for operation. Specific
requirements which must be met in order to obtain an operating permit are set forth in
the Implementation Regulations for Paratransit Vehicles.
b. An operating permit represents the granting of a privilege to
operate a for -hire vehicle within the zones specified by the permit for the purpose of the
public convenience and necessity. This privilege may be revoked at any time by
operation of law, for a violation of this Chapter or other laws, or otherwise.
c. Any person who obtains an operating permit shall be
responsible for the provision of vehicle -for -hire services in accordance with the
provisions of this Chapter and shall exercise due diligence to assure that drivers of the
permitted vehicles adhere to all pertinent requirements of this Chapter.
2. Applying for a permit.
a. All persons applying for a permit(s) for the operation of one
or more for -hire vehicles shall file with the City a sworn application on forms provided by
the City, which shall contain information required pursuant to the City's Implementation
Regulations for Paratransit Vehicles.
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b. The applicant shall also submit, with the application, a
nonrefundable filing fee to be determined from time to time by resolution of the City
Council, in order to recover the cost of processing such applications.
3. Issuance of permit.
a. The City Council shall, in its discretion, determine the total
number of for -hire vehicle permits to be granted, which shall be determined according to
the best interests of the public for the safe and effective operation of City streets and
public transit.
b. The City Council in its sole discretion may determine the
number of permits to be granted any applicant(s) and approve permits for any
applicant(s) subject to such conditions as the City Council may deem advisable or
necessary in the public interest and may establish procedures and criteria for the
granting of permits including the use of a request for proposals (RFP) or request for
qualifications (RFQ). Before a permit may be approved, the applicant shall pay an initial
regulatory fee in an amount to be determined from time to time by resolution of the City
Council.
c. A driver may drive for more than one permit holder. The
driver must, however, have on file with, and accepted by, the San Diego County Sheriff
a separate application on forms provided by the Sheriff, for each permit holder with
whom he has a current driving agreement. A driver may have on file with the Sheriff a
maximum of four (4) such applications at any one time. It shall be unlawful for a driver
to accept or solicit passengers for hire in the City while operating the vehicle of any
permit holder for whom the driver does not have such an application on file with the San
Diego County Sheriff.
4. Denial of a permit may be made for any one of the following
a. The applicant is under twenty-one (21) years of age; or
b. Within the five (5) years immediately preceding the
processing of the application, the applicant has been convicted of, or held by any final
administrative determination to have been in violation of any statute, ordinance, or
regulation reasonably and rationally pertaining to the same or similar business operation
which would have resulted in suspension or revocation of the permit in accordance with
Subsection 8 of this Section 11.70.030. For purposes of this Section, a plea or verdict
of guilty, a finding of guilty by a court, a plea of nolo contendere or a forfeiture of bail
shall be deemed a conviction; or
c. The applicant provided false information of a material fact in
an application or other document required by this Chapter within the past five (5) years.
5. Duration.
a. Permits are approved for a period of one (1) year and may
be renewed annually upon payment of a regulatory fee in an amount to be determined
by the City.
reasons:
b. No permit shall be approved or renewed for any person who
has not fully complied with all of the requirements of this Chapter and all other
applicable laws and/or regulations necessary to be complied with before
commencement of the operation of the proposed service.
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6. Medallions.
a. When the permit has been approved and upon determination
by the City that the color scheme and pertinent for -hire vehicles are sufficiently
distinctive so as not to cause confusion with other for -hire vehicles already operating,
and that the for -hire vehicle, after appropriate inspection, meets the requirements of this
Chapter, the City will issue a numbered medallion(s) to be affixed to the for -hire vehicle.
b. No medallion shall be issued for a vehicle unless the vehicle
conforms with all the applicable provisions of this Chapter.
c. The medallion issued to the permit holder must be affixed to
the for -hire vehicle for which the permit is approved in plain view from the rear of the for -
hire vehicle. The permit holder must immediately report the loss, destruction or
defacing of a medallion to the City. It shall be unlawful to operate a for -hire vehicle
without the medallion affixed and visible.
d. When a permit has been suspended or revoked, the
operation of any for -hire vehicle authorized by such permit shall cease, and its
medallion surrendered immediately to the City.
7. Transfer of permits.
a. The privilege of engaging in the business of operating a for -
hire vehicle in the City which has been granted a permit is personal to the permit holder,
who must be the owner of the for -hire vehicle. The rights, requirements and
responsibilities which attach to the permit remain with the holder at all times the for -hire
vehicle is operated under the authority of the permit. These rights, requirements and
responsibilities which include, but are not limited to, the requirements of this Chapter,
will remain unaffected by any agreement or contractual arrangement between the
permit holder and those persons who operate for -hire vehicles, irrespective of the form
or characterization of the agreement under which the driver operates the for -hire
vehicle.
b. Each permit issued pursuant to the provisions of this
Chapter is separate and distinct and shall be transferable from the permit holder to
another person or entity only with the prior approval of the City. Taxicab permits may
be transferred only after the passage of one (1) year from the date a permit was issued
to the original permit holder. All taxicab permits, however, may be transferred upon the
verifiable death or permanent disability of the original permit holder. The transferability
of permits may be limited by policy established by resolution of the City Council.
c. In the event that the permit holder is a corporation,
partnership or legal entity other than a natural person, prior approval of the City shall be
required for any transfer or acquisition of majority ownership or control of that
corporation, partnership or legal entity to a person or group of persons acting in concert,
none of whom already owns or controls a majority interest. Any such acquisition or
transfer occurring without prior approval of the City shall constitute a failure to comply
with this Section.
d. In requesting a transfer from the City, the proposed
transferee shall file with the City a sworn application for the transfer and shall comply
with the requirements of this Section 11.70.030. The permit holder shall certify in
writing that the permit holder has notified the proposed transferee of the requirements of
this Section pertaining to the transfer of a permit. Whenever an application for a
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transfer of permit is filed, the City shall process the application for transfer in
accordance with the procedures set forth in this Section for issuance of permits.
8. Suspension or Revocation of Permit.
a. Grounds. Permits may be suspended or revoked by the City
at any time in the event of the following:
(1) The City finds that a permit holder or vehicle driver
has continued to violate the provisions of this Chapter or the Implementation
Regulations for Paratransit Vehicles in the past, or is currently violating this Chapter or
the Implementation Regulations for Paratransit Vehicles.
(2) The permit owner ceases to operate a for -hire vehicle for
a period of sixty (60) consecutive days without having obtained written permission for
cessation of such operation from the City. Permission for temporary cessation is
outlined in the Implementing Regulations for Paratransit Vehicles.
(3) The for -hire vehicle or vehicles are operated at a rate
of fare other than those fares on file with the City.
(4) The permit holder fails to begin operating the for -hire
vehicle for which the permit is first approved within ninety (90) days after the approval
date.
(5) The permit holder has been convicted of assault,
battery, resisting arrest, any felony involving force and violence, or any crime
reasonably and rationally related to the paratransit industry or any similar business
operation which bears upon the integrity or ability of the applicant or holder to operate a
for -hire vehicle business and transport passengers, unless five (5) years shall have
elapsed from the date of discharge from a penal institution or the satisfactory
completion of probation for such conviction.
(6) The permit holder has been convicted of a crime that
would require a person to register as a sex offender under the California Penal Code.
For purposes of this Section, a plea or verdict of guilty, a finding of guilt by a court, a
plea of nolo contendere, or a forfeiture of bail shall be considered a conviction.
(7) The driver's identification card is subject to denial,
suspension, revocation, or refusal to renew by the San Diego County Sheriff.
(8) The driver's California Driver's License is revoked or
(9) The driver is convicted of reckless driving or driving
while under the influence of intoxicating liquors and/or narcotics.
(10) Permit holders, vehicles, and drivers are required to
comply with the requirements of the Americans with Disabilities Act (ADA), and ADA
regulations are hereby incorporated by reference. A violation of ADA requirements is a
violation of this Chapter and subject to a fine or suspension or revocation or a
combination.
suspended.
b. Procedure for suspension or revocation of permit.
(1) A permit holder shall be notified in writing within 10
working days when a facially credible complaint has been filed with the City by a
member of the public where such complaint involves the permit holder, the driver of the
permitted for -hire vehicle, or the radio service to which the permit holder is subscribed.
The permit holder shall investigate the complaint and report its response in writing to the
City within 30 calendar days and initiate corrective action where necessary. Where the
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complainant has agreed to the sharing of their identity, the results of the investigation,
findings, and actions shall be communicated to the complainant.
(2) In the event the City finds a permit holder has failed to
responsibly respond to notification of complaints or to initiate corrective action, or if the
City finds grounds to exist for suspension or revocation of a permit under subsection
A.B., the City shall issue a notice of proposed adverse action to the permit holder. If the
circumstances of the complaint or subsequent investigation so warrant, the City may
issue a notice of adverse action to a driver independently of, or in conjunction with, any
adverse action proposed to the permit holder. The City shall refer to the Implementation
Regulations for Paratransit Vehicles in determining a proposed adverse action.
(3) The permit holder or driver in receipt of a notice of
proposed adverse action shall be given the opportunity to appear for an informal
hearing before a hearing officer designated for this purpose. Failure to appear will
constitute waiver of both the hearing and further right to contest. Following the hearing
or waiver thereof, the City shall issue the notice of adverse action, if justified by the
facts. If the City determines that the permit holder or driver's actions involve criminal
activity or constitutes a serious degradation of the public safety, convenience, or
necessity, a notice of adverse action may be issued an.d the action effected without first
having a hearing.
(4) Upon a finding by the City that a permit holder falls
within the suspension or revocation provisions of this Subsection A.B., the permit holder
or driver shall be notified that his or her permit has been subjected to an adverse action
and that the matter is such that the action may be appealed. Such adverse action may
consist of the suspension or revocation of a license, the imposition of a fine, and/or any
other remedies provided for by this Chapter or by law.
c. Right of administrative appeal from denial, suspension or
revocation of permit or related adverse action.
(1) The permit holder or driver shall be notified that he or
she may file with the City a written administrative appeal ten (10) working days after
delivery of the notice of revocation or suspension or the denial of a license, permit, or
driver's identification card, the notice of prohibition to operate or the imposition of a fine.
The permit holder or driver shall set forth in the appeal the reasons why such action is
not proper. Thereafter, the procedure for the appeal shall be as set forth in Chapter
1.42.
(2) If no administrative appeal is filed within the proper
time, the permit or driver's identification card shall be considered revoked, suspended or
denied, and shall be surrendered, the fine be imposed, as applicable, or the notice of
prohibition.to operate take effect.
(3) Except as provided in Subsection c.4., once an
administrative appeal is filed, the revocation or suspension of the permit or driver's
identification card, the effect of the notice of prohibition to operate, or the imposition of
the fine shall be stayed pending the final determination of the administrative appeal.
(4) If, in the City's determination, the continued operation
of a for -hire vehicle or possession of a driver's identification card and permit represents
an unsafe condition for any passenger or pedestrian, the revocation or suspension of
the related permit, driver's identification card, or the effect of any notice of prohibition to
operate, shall not be stayed. A revocation or suspension of a permit imposed for failure
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to comply is rebuttably presumed to represent an unsafe condition pending the
determination of the appeal or the correction of the violation, whichever shall occur first.
Notwithstanding, no medallion shall be reaffixed to a vehicle until the violation has been
corrected.
d. No permit holder shall employ as a driver or operator any
person whose privilege to operate a for -hire vehicle within the City has expired, or has
been revoked, denied, suspended, or prohibited by the City or the San Diego County
Sheriff.
e. For violations of this Chapter, the City may apply the general
penalty provisions set forth in Chapter 1.20 of this Code, or the procedures and fines set
forth in Chapter 1.44 of this Code, in lieu of the revocation or suspension of a permit or
identification card authorized by this Subsection A.8.
B. Limited permits.
1. The City may approve permits which are limited in duration of time
and geographical location. In addition to the requirements for a regular permit,
applicants for limited permits must also submit all relevant information as set forth in the
Implementation Regulations for Paratransit Vehicles, and shall state specifically the
appropriate times and locations.
2. Operating pursuant to a limited permit shall also follow the
requirements set forth in the Implementation Regulations for Paratransit Vehicles.
11.70.040 Equipment.
A. Inspections.
1. Annual Inspections. Before a for -hire vehicle is placed in service
and at least annually thereafter, the for -hire vehicle shall be delivered to a place
designated by the City for inspection. City inspectors or their agents or designees shall
inspect the for -hire vehicle and its equipment to ascertain whether the vehicle complies
with the provisions of the Implementation Regulations for Paratransit Vehicles. Failure
to produce the vehicle for inspection shall be cause for suspension or revocation of the
permit for such vehicle. In the alternative, timely proof of concurrent annual inspection
and compliance with safety standards by MTBD inspectors shall satisfy this
requirement.
2. Periodic Inspections. Any City inspector, MTBD inspector, or
peace officer, after displaying proper identification, may make reasonable and periodic
inspections of any for -hire vehicle operating under a City permit for the purpose of
determining whether the vehicle is in compliance with the provisions of this Chapter.
3. Failed Inspections. Any for -hire vehicle which fails to meet the
requirements of the California Vehicle Code or this Section after inspection may be
immediately ordered out -of -service by a City inspector, an MTBD inspector, or a peace
officer if it is unsafe for service, until such time as the defect is cured. Ordering a
vehicle out -of -service does not constitute a suspension or revocation of the permit but
the medallion may be ordered removed by the City until such time as the defect is cured
and proof of such supplied to the City upon the vehicle's reinspection.
4. Out of service. In the event that a for -hire vehicle for which a
permit has been approved is taken out of service for equipment defects, the permit
holder may utilize a spare for -hire vehicle which has been duly inspected by a City
inspector, an MTBD inspector, or a peace officer, and approved prior to use. The
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permit holder must immediately inform the City when a spare for -hire vehicle is in use
and the location of the disabled vehicle. The spare vehicle will be issued a "spare
vehicle" sticker which must be affixed to the left rear portion of the for -hire vehicle for
which it is approved, in plain view from the rear of the for -hire vehicle. The permit
holder may utilize one (1) spare for -hire vehicle for a period not to exceed sixty (60)
days. This Subsection shall not be construed, nor deemed to replace, those provisions
in this Chapter which apply to the transfer of a permit for a for -hire vehicle.
11.70.050 Vehicle contents and driver appearance requirements. Driver
appearance and vehicle content requirements are set forth in the Implementing
Regulations for Paratransit Vehicles and are required in order to operate with a valid
permit. Failure to comply with the content requirements subject the vehicle to being
ordered out of service until compliance is demonstrated to the City.
11.70.060 Radio services regulations. Radio services are required in order to
operate taxicabs or LSVs. Radio service regulations are set forth in the City's
Implementing Regulations for Paratransit Vehicles and are required in order to operate.
Failure to comply with radio service requirements subject the vehicle to being ordered
out of service until compliance is demonstrated to the City. The City may, at any time,
revoke or suspend the taxicab or LSV privileges or fine any person, partnership,
corporation, association, other organization providing radio or other dispatch service
that violates a provision of these regulations or this Chapter.
11.70.070 Operating documentation requirements. A. Every person engaged
in the business of operating a for -hire vehicle within the City under a City permit shall
maintain all of the following:
1. Financial records in accordance with good accounting practices.
2. Proof of ownership of the permit and vehicle.
3. General Operating records. Operating records shall include, but
are not limited to, the following:
a. Typed or written dispatch records for taxicab or LSV
companies which operate their own radio dispatch service;
b. Any logs which a for -hire vehicle driver maintains describing
the trips carried by a for -hire vehicle other than a taxicab;
c. Copies of the daily trip log required by taxicab or LSV drivers
under Implementing Regulations for Paratransit Vehicles; and
d. Any other similar records designated in the Implementation
Regulations for Paratransit Vehicles.
4. A valid California driver's license.
5. Insurance. It shall be unlawful to operate a for -hire vehicle unless
the permit holder establishes and maintains in effect proof of financial responsibility and
insurance as specified in the Implementation Regulations for Paratransit Vehicles.
6. Ownership Records, as specified in the Implementation
Regulations for Paratransit Vehicles.
7. Business information. The permit holder shall maintain and keep
updated their business address, mailing address where they can accept mail directed to
their company, and a business telephone in working order which must be answered
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during normal business hours, Monday through Friday, and during all hours of
operation. The permit holder shall, in the case of any change in their business address,
mailing address, or business telephone, notify the City in writing of such change within
forty-eight (48) hours of the effective date of this change.
11.70.080 Driver's identification card. A. No person shall drive or operate any
for -hire vehicle under the authority of a permit granted under this Chapter unless such
person has and displays a valid driver's identification card obtained annually through the
San Diego County Sheriff.
B. No permit holder shall employ as a for -hire vehicle driver or operator any
person who has not obtained or maintained a for -hire vehicle driver's identification card
through the San Diego County Sheriff.
C. The City may recommend that the San Diego County Sheriff suspend,
revoke, or deny a driver's identification card on the basis of a violation of law or of this
Chapter.
11.07.090 Other requirements and prohibitions. A. The driver of any for -hire
vehicle shall promptly obey all lawful orders or instructions of any peace officer, fire
fighter, City inspector, or MTDB inspector.
B. No driver of any for -hire vehicle shall transport any greater number of
persons, including the driver, than the manufacturer's rated seating capacity for the
vehicle.
C. It shall be unlawful for any person to solicit business for a for -hire vehicle
by making a contract or agreement with any owner of any hotel, apartment house,
motel, inn, rental units, restaurant, or bar, or with the agent or employees of such
owner, by which the owner, agent or employee receives any type of payment or
commission for recommending or directing any passenger to a specific for -hire vehicle
or company. It shall be unlawful for any permit holder, association, or driver to have or
make a contract or agreement with any owner of any hotel, apartment house, motel, inn,
rental units, restaurant, or bar, or with the agents or employees of such owner, by which
the permit holder, association or driver receives any type of payment or commission for
recommending or directing any passenger to an establishment operated by a specific
owner.
D. The driver of a for -hire vehicle shall wear, in a manner clearly visible on
their person, an identification card approved by the City.
E. The driver of a for -hire vehicle shall affix to the vehicle, in a location clearly
visible to passengers, a notice providing the telephone number for reporting complaints.
F. For -hire vehicles shall comply with the California Vehicle Code and not
impede traffic. For -hire vehicle drivers, including taxicabs, shall not load or unload
passengers in traffic lanes.
G. Except for nonemergency medical vehicle drivers, all drivers must
successfully complete an MTDB or City approved driver training course concerning
driver courtesy and professionalism, and pass a corresponding qualification
examination.
H. Any driver employed to transport passengers to a definite point shall take
the most direct route possible that will carry the passenger to his destination safely and
expeditiously.
2004 Ordinance Chapter 11.70
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It shall be unlawful for the driver or operator of any for -hire vehicle to
refuse a prospective or actual fare or to take any action to actively discourage a
prospective or actual fare on the basis of race, creed, color, age, sex, national origin,
disability, or for any other reason, unless it shall be readily apparent that the prospective
or actual fare is a hazard to the driver or operator. Rude or abusive language directed
to a passenger(s) or any physical action that a reasonable person would construe as
threatening or intimidating shall be specifically defined as a violation of this Section.
1. A driver, however, is not obligated to transport any person who is
verbally or otherwise abusive to the driver. Such incidents shall be reported
immediately to a peace officer or any City official charged with the administration of this
Chapter.
2. Failure of the driver of any taxicab or LSV to assist a passenger
with the loading or unloading of a reasonable size, number, and kind of passenger
luggage or other items, when requested to do so, shall be specifically defined as a
violation of this Section. A driver is not required to lift any single piece of passenger
luggage or other item that exceeds 25 pounds in weight. The requirement for loading or
unloading assistance shall be limited to retrieval from or deposit onto the nearest
curbside adjacent to the legally parked taxicab or LSV. A sign in the form of a
transparent decal may be affixed to the rear -door, side window stating that, "DRIVER IS
NOT REQUIRED TO LOAD LUGGAGE IN EXCESS OF 25 POUNDS PER ITEM OR
OF A SIZE OR KIND THAT WILL NOT SAFELY FIT IN THE DESIGNATED LUGGAGE
AREA OF THIS VEHICLE."
3. A driver with a lawful disability that prevents him/her from handling
items as defined in Subsection (2) above is, upon submission of proof of such disability,
relieved of responsibility for the requirements of Subsection (2). A driver so situated
may affix a small sign either in the passenger section of the vehicle to be clearly visible
to a rear seat passenger or on the inside of the trunk cover lid stating that, "DRIVER
HAS DISABILITY THAT PREVENTS HANDLING OF LUGGAGE."
J. It shall be unlawful for taxicab operators to refuse or discourage a
prospective or actual fare based upon trip length within the City. A LSV, however, may
refuse a prospective or actual fare if the trip distance is outside allowed areas of
operations.
K. No driver shall stop, park or otherwise leave standing a for -hire vehicle
within one -hundred feet (100') of any other taxicab or LSV except in a marked taxi/LSV
stand or while actively loading or unloading passengers.
L. An out -of -service sign must be displayed when the for -hire vehicle is not
available for hire and is being operated or is lawfully parked for purposes of
maintenance, inspection, or personal use. The sign must be placed in a location in the
vehicle that is clearly visible from the exterior of the vehicle. The sign must be of
durable material and written in block letters in black ink and easily readable from a
distance of not Tess than 10 feet.
M. It shall be unlawful for the driver to seek passengers by stopping at or
driving slowly in the vicinity of an entertainment center or transportation center or any
other location of public gathering, in such a manner as to interfere with public access to,
or departure from, that center or location, or so as to interfere with or impede traffic.
2004 Ordinance Chapter 11.70
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N. It shall be unlawful for a for -hire vehicle driver, having parked and left their
vehicle, to solicit patronage among pedestrians on the sidewalk, or at any entertainment
center, transportation center, or other location of public gathering.
O. It shall be unlawful to respond to a call for service dispatched to another
operator except when an LSV refers service to another operator because the trip
distance is outside of the approved area of jurisdiction.
P. Nonemergency medical vehicle drivers shall acquire and maintain valid
proof of proper first -aid and CPR training.
Q. Jitney vehicles.
1. In order to qualify as a jitney vehicle, the driver must comply with
the Implementation Regulations for Paratransit Vehicles, pertinent to the jitney
requirements.
2. It is unlawful for a jitney vehicle to operate a fixed route service on
other than that route designated by the City.
11.70.090 Fares. A. The driver shall offer each passenger a receipt upon
payment of the fare. The receipt shall accurately show the date, the amount of the fare,
the medallion number, the trade name, and the name and signature of the driver.
B. All disputes to fare shall be determined by the peace officer, or City official
charged with the administration of this Chapter, who is most readily available where the
dispute is had. It shall be unlawful for any person to fail or refuse to comply with such
determination by the peace officer or City official.
C. It is unlawful for any person to refuse to pay the lawful fare of a for -hire
vehicle after employing or hiring the same.
D. Rates.
1. The City shall set for itself or adopt the rates MTDB establishes as
a maximum rate of fare for exclusive ride and group ride hire of for -hire vehicles except
for trips from Lindbergh Field International Airport. No permit holder shall exceed such
rate in the conduct of its operations. A permit holder may petition the City for any
desired change in the maximum taxicab or LSV rates for exclusive ride and/or zone
rates and group ride hire.
2. Taxicab trips from Lindbergh Field International Airport shall be at a
uniform rate of fare established by the San Diego Regional Airport Authority.
3. Within thirty (30) calendar days following the issuance of a permit,
each permit holder shall file with the City the rates of fare that they will charge, which
shall not exceed the maximum rate set by the City. If a permit holder desires to change
the rates of fare being charged for such services during any calendar year, they shall
first file a document with the City indicating said changes, and no change shall be
effective until fourteen (14) calendar days following the filing of said change.
E. Taxicabs.
1. Each taxicab permit holder shall set the taximeter for the rate that
they will charge and have the taximeter sealed and inspected.
2. Each taxicab permit holder shall prominently post rates in
dollars -per -mile centered on the upper third part of both rear doors one inch (1") in
height, utilizing "Universal" or other City pre -approved font in black or white lettering, to
produce maximum contrast and adequately spaced for maximum readability.
2004 Ordinance Chapter 11.70
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3. If a taxicab permit holder desires to change their rates of fare, they
shall file with the City the new rates not to exceed the City's allowable maximum, reset
the taximeter, have the taximeter sealed and inspected, and post the revised rates on
each side of the taxicab.
F. Charter vehicles. The rates of fare for a charter vehicle shall be
established by a prearranged written contract on a per mile or per hour basis.
G. Sightseeing vehicles. The rate of fare for sightseeing vehicles shall be
established on a per capita or per event basis.
H. Nonemergency medical vehicles.
1. The rate of fare for exclusive ride service of nonemergency medical
vehicles shall be established on a per capita plus per mile basis.
2. The rates of fare for shared ride service shall be established on a
per capita plus per mile basis, or on a per capita plus per zone basis.
Jitney vehicles. The rates of fare shall be established on a per capita
basis.
J. LSVs. The City shall establish and authorize the use of zones of
operation. All vehicles permitted as LSV may use two methods of seeking
compensation, either by zone rates or on a prearranged contract on a per mile or per
hour basis. Either method may be used when working inside of an approved zone.
However, when operating on a prearranged charter basis, within an approved zone, no
operator may exceed the maximum number of vehicles that have medallions.
K. It shall be unlawful for any permit holder and/or driver of a for -hire vehicle
to demand of a passenger a charge for hire which is greater than the current maximum
rate approved by the City, or that is greater than the permit holder's meter rate filed with
the City.
L. Nothing in this Section shall preclude a permit holder or driver from
agreeing with a prospective passenger to a rate of fare which is less than the permit
holder's filed and posted rates of fare, if the agreement is entered into in advance of the
passenger's hiring the taxicab for the trip, except for trips commencing at the Lindbergh
Field International Airport.
11.70.100 Regulatory fees. A. Rates. The City shall charge regulatory fees
to affect the full cost recovery of activities associated with the administration, regulation,
issuance or transfer of for -hire vehicle permits, inspections, and associated document
administration. Such fees shall be established in amounts determined from time to time
by resolution of the City Council.
B. Changes. Changes in fee schedules affecting permits shall be
mailed to all permit holders. Changes shall be effective thirty (30) calendar days
thereafter.
11.70.110 Stands; authority to designate. The City Council is authorized to
designate stands for the use of for -hire vehicles at various locations throughout the City.
11.70.120 General provisions. A. Severability. If any section, sentence,
clause or phrase of this Chapter is for any reason held to be invalid or unconstitutional
by a decision of any court of competent jurisdiction, such decision shall not affect the
2004 Ordinance Chapter 11.70
Page 14 of 15 Uniform Transit System
validity of the remaining portions of this Chapter. The City Council hereby declares that
it would have passed this Chapter and adopted this Ordinance and each section,
sentence, clause or phrase thereof, irrespective of the fact that any one or more section,
subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
11.70.130 Violations. It shall be unlawful for any person to violate any
provision or fail to comply with any of the requirements of this Chapter or of the
Implementation Regulations for Paratransit Vehicles.
PASSED and ADOPTED this 7TH day of
ATTEST:
n 4
Miel R. Dalla, ity Clerk
APPROVED AS TO FORM:
® 7) lir
George H. iser, III
City Attorney
DECEMBER
2004 Ordinance Chapter 11.70
Page 15 of 15 Uniform Transit System
Passed and adopted by the Council of the City of National City, California, on
December 7, 2004, by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: Councilmember Inzunza.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
Citylerk of the Ci of National
ational City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on November 16, 2004, and on December 7, 2004.
FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or
that the reading of said ordinance in full was dispensed with by a vote of not less than a
majority of the members elected to the Council and that there was available for the
consideration of each member of the Council and the public prior to the day of its
passage a written or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2004-2256 of the City Council of the City of National City, passed
and adopted by the Council of said City on December 7, 2004.
City Clerk of the City of National City, California
By:
Deputy