Ordinance Number 831367
ORDINANCE NO. 831
AMENDING TITLE 4 OF THE MUNICIPAL CODE - TAXICAB REGULATIONS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO REPEALING CHAPTER 5 OF TITLE 4 OF THE
MUNICIPAL CODE, AND ADDING A NEW CHAPTER 5 THERETO,
REVISING REGULATIONS APPLICABLE TO THE OPERATION OF
TAXICABS WITHIN THE CITY
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, HEREBY
ORDAINS AS FOLLOWS:
SECTION 1. Code Amendment.
Chapter 5 of Title 4, "Public Safety", of the Municipal Code is hereby amended in
its entirety to read as follows:
"Chapter 5. Taxicab Regulations"
See.
4-5.01
Definitions.
Sec,
4-5.02
City Authorization required.
Sec.
4-5.03
Driver's permit required.
Sec.
4-5.04
Taxicab vehicle permit required.
Sec.
4-5.05
Taxicab business permit required.
Sec.
4-5.06
App!ication for permits.
Sec.
4-5.07
Testing for controlled substances and alcohol.
Sec.
4-5.08
Insurance required.
Sec.
4-5.09
Nontransferability.
Sec.
4-5.10
Equipment.
Sec.
4-5.11
Mechanical condition.
Sec.
4-5.12
Operational requirements.
Sec.
4-5.13
Rates and charges.
Sec.
4-5.14
Separate from business licensing.
See. 4-5.01. Definitions.
For purposes of this Chapter, the words and terms set forth below shall be construed
in accordance with the following definitions:
(a) "City" shall mean the City of San Juan Capistrano.
(b) "City authorization" shall mean City authorization to operate a taxicab
business in the City.
-1-
M
(c) "Driver" shall mean a person who drives or controls the movements of a
taxicab.
(d) "Driver's Permit" shall mean a valid permit issued by OCTAP authorizing a
person to drive or control the movements of a taxicab.
(e) "OCTAP" shall mean the Orange County Taxi Administration Program
administered by the Orange County Transportation Authority.
(f) "Operate a taxicab" shall mean to drive a taxicab and either solicit or pick up
passengers for hire in the City.
(g) "Owner" shall mean the registered owner or lessor of a taxicab.
(h) "Person" shall include natural person, firm, association, organization,
partnership, business, trust, corporation, or public entity.
(i) "Taxicab" shall mean 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 Parry 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.
0) "Taxicab Business Permit" shall mean a valid permit issued by OCTAP
authorizing a person to operate a taxicab business.
(k) "Taxicab Vehicle Permit" shall mean a valid permit issued by OCTAP
authorizing a particular vehicle to be operated as a taxicab.
Sec. 4-5.02 City Authorization Required.
(a) A person shall operate a taxicab only ifthe owner of that taxicab is authorized
by OCTAP to operate a taxicab business.
(b) An owner shall allow a taxicab owned by or under the control of the owner
to be operated only if the owner is authorized by OCTAP to operate a taxicab business.
(c) The procedures for City authorization to operate ataxicab business in the City
shall be established by separate Resolution of the City Council.
Sec. 4-5.03 Driver's Permit Required.
A person shall operate a taxicab only if that person possesses a Driver's Permit and
City authorization has been granted. An owner shall allow a driver to operate a taxicab owned by
or under the control of the owner only if that driver possesses a Driver's Permit and City
Authorization has been granted.
-2-
369
Sec. 4-5.04 Taxicab Vehicle Permit Required.
A person shall operate a taxicab only ifthat vehicle displays a Taxicab Vehicle Permit
and if City authorization has been granted. An owner shall allow a taxicab owned by or under the
control of the owner to be operated in the City only if that vehicle displays a Taxicab Vehicle Permit
and if City authorization has been granted.
Sec. 4-5.05 Taxicab Business Permit Required.
A person shall operate a taxicab business in the City only if that person possesses a
Taxicab Business Permit and if City authorization has been granted.
Sec. 4-5.06 Application for Permits.
Application for a Driver's Permit, Taxicab Vehicle Permit or Taxicab Business Permit
shall be made to the 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. 4-5.07 Testing for Controlled Substances and Alcohol.
Each driver shall test negative for controlled substances and alcohol as required by
any and all applicable state and federal statutes.
See. 4-5.08 Insurance Required.
Each driver operating a taxicab in the City shall at all times carry proof of insurance
covering that vehicle, with such policy limits and coverage as established by OCTAP and adopted
by resolution of the City Council. Said proof of insurance must clearly identify the vehicle covered.
See. 4-5.09 Nontransferability.
No permit issued under this Chapter shall be used by or assigned to any person or
vehicle other than the person or vehicle named in such permit.
Sec. 4-5.10 Equipment.
A taxicab operated under the authority of this Chapter shall be equipped according
to the standards established by OCTAP and adopted by resolution of the City Council.
Sec. 4-5.11 Mechanical Condition.
A taxicab operated under the authority of this Chapter shall be maintained according
to the standards established by OCTAP and adopted by resolution of the City Council.
-3-
370
See. 4-5.12 Operational Requirements.
(a) Each driver shall carry each passenger to his/her destination by only the most
direct and accessible route.
(b) Each taxicab shall have all permits issued by OCTAP conspicuously displayed
according to the standards established by OCTAP and adopted by resolution of the City
Council.
(c) Each 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 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 Chapter;
(6) The Taxicab Vehicle Permit issued pursuant to this Chapter; and
(7) Any other information required by the City.
(d) Each driver shall give a receipt for the amount charged upon the request of
the person paying the fare.
(e) Each taxicab shall be operated only if the passenger compartment is kept in
a clean and sanitary condition.
(f) A driver shall not leave his or her taxicab to solicit passengers.
(g) The name or trade name of the owner and the number by 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 resolution of the
City Council.
See. 4-5.13 Rates and Charges.
No driver shall charges rates or charges other than those established by OCTAP and
adopted by resolution of the City Council.
M
Sec. 4-5.14 Separate from Business Licensing.
The requirements of this Chapter are separate and independent from all other
provisions of this Code, including, but not limited to, those provisions related to business licensing.
SECTION 2. Severabilit
If any chapter, article, section, subsection, subdivision, sentence, clause, phrase or
portion of this Ordinance, or the application thereof to any person, is for any reason held to be
invalid or unconstitutional by the decision of any court ofcompetent jurisdiction, such decision shall
not affect the validity of the remaining portion of this Ordinance or its application to other persons.
The City Council hereby declares that it would have adopted this Ordinance and each chapter, article,
section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact
that any one or more subsections, subdivisions, sentences, clauses, phrases or portions of the
application thereof to any person, be declared invalid or unconstitutional. No portion of this
Ordinance shall supersede any local, state or federal law, regulation or codes dealing with life safety
factors.
SECTION 3. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 4. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the same to
be posted at the duly designated posting places within the City and published once within fifteen (15)
days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause
to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall
be posted in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance;
and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post a certified copy of this Ordinance, together with the vote
for and against the same, in the Office of the City Clerk.
PASSED, APPROVED
January , 1999.
ATTEST:
CITY CLERKj
AND ADOPTED this 5th day of
JO GREINER, MAYOR'-
-5-
371
372
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No.
831 which was introduced at a meeting of the City Council of the City of San Juan
Capistrano, California, held on December 15 , 1998, and adopted at a meeting
held on jAnuary s 1999, by the following vote:
AYES: Council Members Jones, Swerdlin, Hart, Campbell
and Mayor Greiner
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHN ITY CLERK �—
W