Ordinance Number 35118
City Clerk
ORDrIANCE NO. 35
AN ORDPLANCE OF THE CITY OF SAN JUAN CAPISTRANC
I'MULATING THE BUSINESS OF OPERATING TAXICABS
'.JITHIN THE CITY OF SATS JUAN ^APISTRANO, t;STABL-
ISHING REGULATIONS IN CONNE'MON TIIER7.1ITH; AND
SETTING PENALTIES FOR THE VIOLATION THEREOF.
SECTION 1. Definitions. For the purpose of this ordinance, the
foll,>wing terms ,hall have meanings here given to them
The term TAXICAB shall mean and include eery motor vehicle used in
the business of carrying passengers for hire, and the destination and
route of which are under the control of the passenger or passengers being
carroed therein.
The term OWNER shall mean and include every person, firm or corpora-
tion owinging or controlling any taxicab
The term DRIVER shall mean and incl de every person in actual charge
and cont:ol of any taxicab as the driver thereof.
The terms TAXICAB STAND and STAND shall mean and include a protion
of the street designated by the City Council for the use of taxicabs while
waiting for employment.
The term CITY COUNCIL shall mean the City Council of the City of San
Juan Capistrano.
SECTION 2. Taxicabs and stands — Permit required.
It shall be unlawful in the City of San Juan Capistrano for any owner
to operate, or cause to be operated any taxicab owned or controlled by such
ownev in the business of carrying passengers for hire, or to maintain any
taxicab stand, unless such owner has a permit so to do as herein provided.
SECTION 3. Taxicabs and stands — Application for permit
Any owner desiring to obtain the permit required by Section 2 hereof
f
shall make application therefor to the City Council. Each such applicat-
ion shall be accompanied by a bond or policy of insurance and permit fee
as a,�e hereinafter provided for, shall be in writing, and shall set forth
the following:
(a) The name, age, business and residence address of applicant, if
a natural person; or if a cornoratinn,, its name, date and place of inco-
rnoration, addrers of its principal place of business and the names of its
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principal officers, together with their respective addresses; or if a
partnership, association or unincorporated company, the names of the
partners, or of the persons comprising such association or company, and
the business and residence of each partner or person.
(b) A description of each taxicab which the applicant prop=es to
use, the name of the manu"act.irer, engine and serial nembers, and state
license number thereof.
(c) The name, monogram or insignia proposed to be used on such tax-
icab or taxicabs.
(d) The schedule of rates of fare proposed to be �,harged for carry-
ing passengers in such taxicab or taxicabs.
(e) The street number and exact location of the place or places
where the applicant pro'oses to stand each taxicab. -
(f) If theapplicant desires a taxicab stand upon a public highway
or street within the City of San Juan Capistrano, he shall so state in
his ap?lication and shall set forth the names and respective addresses
of all lessees,sublexeses and owners in actual or constructive possession
of the ground floor of any building or parcel of real property contiguous
to that portiin of highway or street where such taxicab stand is proposed
to be located; the applicant shall also accompany said application with
the written consent of all of said lessees, sublessees and owners of said
building or parcel of real property to the location of such taxicab at
the proposed location. The signatures of such lessees, sublessees and
owners shall be acknowledged before a duly commissioned notary public.
(g) The applicant shall furnish such additional information as the
City Council may require.
(h) If the City Council requires, the applicant or applicants shall
appear personally before the City council if he, she or they be individua-
ls, and the officers of such appli,ant shall so appear personally if the
applicant be a corporation.
SECTION 4. Taxicabs and stands — Criteria for issua-ace of nermit
Issuance and approval of rates.
Opon receipt of any such application referred to in Section 3 hereof,
the City Council shall make investigation and may thereafter E,rant the same
if it shall find:
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(a) That the bond or policy of insurance hereinafter required has
been furnished, and that the same is in the form required, and that the
surety thereon is approved by the City Council; aed
(b) That each taxicab described therein is adequate and safe for
the purpose for which it is to be used, and is equiped as herein required;
and
(c) That the applicant is of good moral character, has complied with
all the terms and conditions of this ordinance and is competent to operate
a taxicab business; and
(d) That the public convenience or necessity require the operation
of such taxicab or taxicabs within the City of San Juan Capistrano; and
(e) That the name, monogram or insignia to be used upon such taxi
cab or taxicabs is not in conflict with a.nd does not imitate any other
name , monogram or insignia used by any other person, firm or corporation
heretofore licensed by said City Council in such manner as to be mislead-
ing or tend to deceive or defraud the public; and
(f) In case of an application for a taxicab stand, that the location
of said stand is suds that it will not, congest or inferlbre with travel on
any public highway or street, and is not prohibited by any ordinance of
the City of San Juan Capistrano.
(g) That the schedule of rates of fare proposed to be ch=rged are
fair and reasonable
The granting of said permit shall constitute the approval of the City
Council of the proposed schedule of rates.
SECTION 5. Taxicabs and stands — Revocation of permit — Criteria
Procedure. ,
Any pemit granted pusuant to the provisions of this ordinance may
be revokedrby the City Council for violation of the provision of this
ordinance, or of any oth,-r ordinance of the City of San Juan Capistrano,
or of any law of the State of California, or for the existence of any
state of facts which would have be �n a good reason -for denying such permit
when applied for, whether such state of facts existed at the time application
wasmade for such permit or not.
ido permit shall be revoked except in the following manner:
(a) The City Council shall fix a time and place for the hearing of
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the issue of the revocation of such permit :;nd shall cause the City
Clerk to serve the permittee with notice of such time and of ce of hear-
ing, together with a sta".ement of charges which are the basis for such
hearing, at least ten (10) days before the time fixed for such hearing.
(b) The City Clerk may serve such notice and statement upon permit-
tee personally or may serve the same upon permittee by delivering the
same by Registered United Mail, postage prepaid, to permittee, at the
address given in his application for permit.
(c) Such hearing shall be public and permittee shall have the right
to produce witnesses on his own behalf and to be represented by an attor-
ney.
(d) The findings and decision of the City Council upon such hearing
shall be final and conclusive.
SECTION '6. Taxicabs and stands — Permit fee.
A pemit fee shall be required for every person, firm or corooration
requesting a permit under this ordinance.. Such permit fee shall be in
addition to any business license which permittee shall be required to
pay under the provisions of Section 10 hereof. Such per -it fee shall be
Five Dollars ($5.00) where no taxicab stand permit is requested.- 'Where
a permit for a taxicab :-tand or stands is requested, an additional sum
of Five dollars ($5.00) will be required for each stand. In the event
that an application is denied, the permit fee posted with such applicat-
ion shall be refunded to the applicant, after first deducting therefrom
all costs sustained by the City Council in investigating and acting up-
on such application.
SECTION 7. Taxicabs and stands — Issuance of permit after revoc-
ation.
In the event that the permit of any person, firm or corporation
has teen revoked by the City Council, such person, firm or corporation
shall not be granted a permit for a period of six mo:,ths after such re-
vocation.
SECTION 8. Taxicals and stands — Licenses and permits not trans-
ferable.
No license or permit, granted by the City Council pursuant to the
provisions of this ordinance, may be transferred to another.
Section 9. Taxicahs — Bond orimurance required — Terms — Counc-
il may require replacement.
It shall be unlawful for any driver of a taxicab to driva or opera.
ate within the City of San Juan Capistrano, and no permit for the operat-
ion thereof shall be granted, unless there is on file with the City clerk
of San Juan Capistrano and in full force and effect at all times while
such taxicab is being operated, either:
(a) A bond of the owner of such taxicab, approved by the Bity Coun-
oil, with a solvent and responsible surety company authorized to do busi-
ness in the State of California as surety in the sum of Twenty Thousand
Dollars ($20,000.00) conditioned that said owner will pay all .loss or da-
mage that may result to persons (including passengers in said taxicab)
or property from the negligent operation or defective construction of such
taxicab, or from the violation of the provisions of this ordinance or of
am, other ordinance of the City of San Juan Capistrano, or of any law of
the State of California. Recovery on said bond shall be limited to Ten
Thoudand Dollars ($10,000,00) for the injury or death of one person and
to Twenty Thousand Dollars ($20,000.00) for the injury or death of two or
more persons in the same accident, and to Five Thousand Dollars ($5,000.00)
for injury or destruction of property. Such bond shall run to the City
of San Juan Capistrano, and shall insure by its terms to the benefit of
any and all persons suffering loss or damage covered thereby, and shall
provide that snit may be brought thereon in any court of competent juris-
diction by any such person. Said bond shall provide that there shall be
a continuing liability thereon, notwithstanding any recovery thereon. If
at any time in the judgment of the City Council, said bond is not suffic-
ient for any reason, the City Council may require such owner to replace
said bond Pith another bond or with a policy of insurance as hereinafter
provided, satisfactory to the City Council, and in default thereof, may
revoke such owner's permits and licenses; or
(b) A policy of insurance, approved 1hy the City Council, in a Sol-
vent and responsible company authorized to do business in the State of Ca-
lifornia, insuring the owner of such taxicab against loss by reason of in-
jury or damage that may result to persons (including_ passengers in said
taxicab) or property from the negli.gniit onerat ion of defective construc-
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tion of such ta<icab, or from violation of this ordinance or any other
ordinance of the City of San Juan Capistrano or of Law of the State of
California. Said policy may he limited to Ten Thoudand Dollars ($10,000.
00) for the injary or death of one person, and Twenty Thousand Dollars
($20,000.00) for the inj iry or death of two or more persons in the same
accident, and Five Thousand Dollars ($5,000.00) for injury or destruct-
ion of property. Said policy of insurance shall guarantee the naynent
to any and all such persons suffering injury or damage to person or prop-
erty, and to those entitled to recover for death of any such person, of
any final judgment rendered against such owner within & limits ao,e
mentioned irrespective of the financial conditions of such owner, and sh-
alli4tsure to the bemefit of such pers,,n and th,rse (entitled to recover for
the death of any such person. If, at any time such policy of insurance s-
hall he cancelled by the company issuing the same or the authority of such
company to do business in the S+,ate of California shall be revoked, or in
the judgment, of the City Council said company is insolvent, the City Cou-
ncil shall require said owner to replace such policy with another policy
,or bond as above provided,satisfactory to the City Council, and in de,"a-
ult thereof may revoke such owner's pei+mit and license.
SECTION 10. Taxicabs — License required — License not to issue
before permit obtained.
Every person, firm or corporation operating a taxicab or taxicabs
within the City of San Juan Capistr=no shall obtain a business license
thexs0o3'an¢ pay to the City of San Juan Capistrano the business license
fee provided for by ordinance or ordinances of the City of San Juan Capi-
strano. Such business license shall be issued in the.same manner provid-
ed by ordinance of the City of San Juan Capistrano for issuance of other
business licenses, but shall not he ssued for the use of such taxicab or
taxicabs until a per-r,it for the useof.such taxicab or taxicabs had been
obtained as provided in this ordinance.
SECTION 11. Taxicabs — Qualifications for driver.
It shall be Unlawful `or any person to operate or drive any taxicab
within the City of San Dian Capistrano unless tsunh _person:
(a) Is over the age of 2.1 years;
(b) Is of a rood moral character
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gers;
(c) Can speak the Enhlish lan,uage sufficiently to deal with passen-
(('.,) possesses a Chauffeurs license by the Department of t4otor Vehi-
cles of the State of California.
S7CTION 12. Taxicabs — Allowing une,ualified persons to drive pro-
hibited.
It shall be unlawful for any owner of any taxicab to permit any per-
son to drive or o;,erate a taxicab within the City of San Juan Capistrano
who has not the qualifications prescribed by Section 11 hereof.
SECTION 13. Taxicabs — Former permittee not to drive taxicab for
six months after revocation.
In the event that the taxicab nernit of any person has Leen revoked
by the City Council, such person shall not drive any taxicab within the
City of San Juan Capistrano for a period of six months after the revoo-
ation of such permit.
SECTION 14. Taxicabs — Drivers' hours.
It shall be unlawful for any person to drive or _operate any taxicab,
or to cause any person to drive or operate any taxicab, within the City
of San Juan Capistrano, for more than twelve (12) consecutive hours, or
for more than twelve hours spread over a total of.sixteen (16) consecutive
hours or to operate or drive any taxicab,within the City of San Juan Cap-
istrano after having been on duty, either operating or drivin., a taxicab,
or in any office or garage of the holder of any taxicab permit hereunder,
or at any taxicab stand, or any combination of such acts, for more than
twelve (12) consecutive hours spread over a total of sixteen (16) consec-
utive hours. No person shall drive or operate any taxicab, or cause any
person to drive or operate any taxicab within the City of San Juan Capis-
trano unless such .driver has had at least eight (3) consecutive hours rest
while not on duty, within the last preceding twenty-four (24) hours, dur-
ing which eight (S) consecutive hours he shall have performed uo a is of
duty in connection with such taxicab business.
SECTION 15• Taxicabs — allowing persons to drive for excessive ho-
urs prohihited.
It shall be unlawful for the holder of any taxicab permit, issued
pursuant to the provisions of this ordinance, to cause or permit any person
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to violate anyofthe provisions of Section 14 hereof.
SECTION 15. Taxicahs -- Change of rates.
Should an owner of a taxicab desire to change his ahedule of rates,
he shall make written application to the City Council so to do. Upon
receiving such application the City Council shall conduct a pu';lic hear-
ing upon such application, and shall give the applicant at least 10 da,rs
written notice of the time and place of such hearing. Upon such hearing
the City Council shall determine whether such rates shall be changed, and
den; such application, or may make such change as it determines the facts
warrant. The decision of the City Council upon such hearing shall be fi-
nal and conclusive.
SECTION 17. Taxicabs — Rate charged must conform to rate schedule
It shall be unlawful for any owner or driver of any taxicab within
the City of San Juan Capistrano to charge any rate different from the
schedule of rates on file and approved by the City Council.
SECTION 18. Taxicabs — Refusal to pay legal fare prohibited.
It.shall be unlawful for any person to refuse to pay the legal fare
for any taxicab licensed under this ordinance, after hairing hired the same
ar#'any person who shall hire any taxicab so licensed with the intent to
defraud the person from whom it is hired shall be punishable as provided
by Section 1.91.370 of this Code.
SECTION 19. Taxicabs — Use of most direct route required.
The driver of a taxicab shall carry passengers by the most direct
route possible that will .carry such passengers safely and expeditiously
to their destination.
SECTION 20. Taxicabs — Stopping and parking.
It shall be unlawful for the owner or driver of any taxicab to park
or stand the same upon any public highway or steeet in the City of San
Juan Capistrano, other than at a taxicab stand for which such owner has
a permit, for any period of time longer than is necessary to discharge
passengers occupying said taxicab; or receive passengers then waiting
for such taxicab; provided further , that a taxicab shall in no case be
parked for a period longer than five minutes on any public highway or
street within the City of San Juan Capistrano, except in a taxicab stand
for which such owner has a permit.
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SECTION 21. Taxicabs — Use of additional vehicles.
No holder of a.permit issued pursuant to the.provisions of this
ordinance, shall operate any taxicabs in addition to those specified
in his ,permit without making application for a permit so to do and with-
out being granted such permit all as -provided in Section 3 and 4 thereof.
SECTION 22. Taxicabs — Replacement of vehicle.
In the event that any holder of a permit issued pursuant to the pro-
visions of this ordinance, should desire to replace any taxicab, for whi-
ch he has a permit, by another taxicab he shall apply to the City Council
for permit so to do. Such application shall be accompanied by all pertin-
ent information and data required to be furnished by Section 3 hereof, and
shall be accompanied by a bond or policy of insurance of the type required
by Section 9 thereof. In the event that the City Council finds that such
taxicab fulfills the requirements set forth in this chapter it shall grant
a permit, permitting such replacement, the findings and decision of the
City Council upon such application shall be final.
SECTION 23. Taxicabs, — Name of owner to be on door.
Every taxicab shall have painted or affixed upon the exterior part
of a door on eachside of the same, the name of the owner of- the fictitious
name under which the owner operates, together with the telephone number of
said owner, in distinct letters not less than two.and one-hal& (21) inches
in height and not less then five -sixteenths (516th) of an inch stroke.
SECTION 24. Taxicabs — Change of name, monogram, or insignia.
It shall be unlawful for any person, firm or corporation to change
its name, monogram, or insignia without first making application to the
City Council for a new taxicab permitandthe granting of Such permit as
in .this ordinance provided
SECTION 25. Taxicabs — Operation with defective or unsanitary equ-
ipment prohibited — Inspection.
It shall be unlawful for any owner to drive, or to cause to be driven
or operated any taxicab within the City of San Juan Capistrano, while the
same or any of the equipment used thereon or therewith shall be in a def-
ective, unsafe or unsanitary condition. Every taxicab shall at all times
be subject to the inspection of any officer of the City of San Juan Capi-
trano.
12'7
curb.
SECTION 26 Stands — Permit to designate location — Painting of
The City Council shall designate in any permit.granted by it the
exact location of the taxicab stand; such permit shall also specify the
exact number of feet and location of any parking or stand space reserved
for such taxicab stand, which reserved space and at any time b¢ changed,
diminished or increased by the City Council. Every taxicab .stand as des-
ignated by the City Council shall be indicated by red paint or other red
material upon the entire curb surface thereof, with the words "Taxicabs
Only" in white letters thereon.
SECTION 27 Stands — Only city employee may paint curb — permittee
to reimburse city.
No person, firm or corporation shall paint any curb ofanytaxicab
stand except as authorized by the City of San Juan Capistrano. The perm-
ittee of such taxicab stand shall reimburse the City for such painting as
may be required from time to time, and failure to make such reimbursement
shall be a ground for revoking such taxicab stand permit.
SECTION 28. Stands — Change of location.
No taxicab stand shall be changed without obtaining a permit from
the City Council after application as provided in Section 3 and 7 hereof.
SECTION 29 Stands .- Joint use. -
Any taxicab stand that is.granted,to any person, firm or corporation,
may be used jointly.by any two or more persons, firms or corporation hold-
ing permits under this ordinance,.by the mutual consent of said persons,
firm or corporation, which said consent must be first .reduced to writing,
properly signed and filed with the City Clerk of the City of San Juan
Capistrano.
SECTION 30. Stands — Only authorized vehicles to park in stands.
No person, firm or corporation shall park any vehicle in any taxicab
stand except a taxicab granted by the City Council.
SECTION 31. Stands — Revocation of permit for failure to use.
In the event that any person, firm or coproration holding a permit
to operate and maintain a taxicab stand fail for a period of two consecu-
tive weekd to use such taxicab stands for his taxicab or taxicabs the City
Council may revoke such taxicab stand permit, aftor a hearing as provided
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in Section 5 hereof.
SECTION 32. Oral solicitation of customers in streets or alleys
_ Prohibited.
It shall be unlawful for any owner or any driver of any automobile,
coach, omnibus, carriage, stage -line, or other vehicle engaged in the bu-
siness of carrying passengers for hire, orany agent, employee, solicitor,
runner or any other representative of any such owner or driver of any au-
tomobile, coach omnibus, carriage, stage, stage -line or other vehicle en-
gaged in the business of carrying passengers for hire, to advertise such
business or solicit patronage therefor by public outcry or oral solicita-
tion on any public street or alley in the City of San Juan Capistrano.
SECTION 33. If any paragraph, sentence, clause or phrase of this
Ordinance for any reason is held to.be unconstitutional or invalid, such
shall not affect the remaining portion of this Ordinance and the city
Council hereby declares it would have passed each paragraph, sentence
clause or phrase thereof irrespective of the fact that any one or more
than one sentence, clause or phrase be declared unconstitutional or in-
valid.
SECTION 34. This Ordinance shall take effect and be in force thirty
(30) days from and after its passage,,and prior to the expiration of fif-
teen (15) days after the passage thereof, this Ordinance shall be publis-
hed once in the Coastline Dispatch, a newspaper printed in San Juan Capi-
strano, County of Orange, State of California, together with the names of
the members of the city council.
Passed, approved and adopted this 23rd day o October, 61.
Mayor of San Juan Capistrano
ATTEST
a
City Clerk of San Juan Capistrano
State of California )
County of Orange ) ss.
City of San Juan Capistrano)
I, Ernest A. Thompson, City Clerk of the City of San Juan Capistrano
do hereby certify that the foregoing and attached Ordinance was finally
passed, approved and adopted by the City Council of the City of San Juan
129
Capistrano at a regular meeting thereof held on the 23rd day of October
1961.
AYES: Councilmen: Bathgate, Chermak, Durnford, Olivares, Buchheim.
NOES: Councilmen: None
ABSENT: Councilmen: None
(SEAL)
City Clerk of San
Juan Capistrano
ORDINANCE NO. 36
ORDINANCE OF THE CITY OF SAN a -
JUAN CAPISTRANO,. CALIFORNIA,
PROVIDING FOR THE ISSUANCE OF
TEMPORARY NON-NEGOTIABLE NOTES
AND REPEALING ORDINANCE NO. 27.
WHEREAS, the City of San Juan Capistrano (hereinafter sometimes call-
ed "City" or "the City") is a newly incorporated City being incorporated
as a general law City on the 19th day of April, 1961; and
WHEREAS, the City has not received revenues from property taxes;
and
WHEREAS, the fiscal year of the City starts on the 1st -day of July
and ends on the 30th day of June; and -
WHEREAS, an analysis of the various sums that will be paid to the
City disclose that between the 1st day of July, 1961 and the 30th day
of June, 1962, the City will receive the sum of $36,050.00 which is not
earmarked and which it will have available to pay its obligations (here-
inafter sometimes called "anticipated revenue"); and
WHEREAS, under Government Code Section 37210 the City is authorized
to issue temporary non-negotiable notes, the, aggregate amount of which
shall not exceed 85% of said anticipated revenues; and
WHEREAS, United California Bank, San Clemente, Office, San Clemente,
California (hereinafter sometimes referred to as "Lender") had offered to
lend the City under said Government Code Section 37210 an amount not to
exceed the lesser of either $25,000.0 or 85% of the said anticipated
revenues at the ratio of three per cent (3¢) per annum;
NOW THEREFORE, the City Council of the City of San Juan Capistrano,
California, DOES ORDAIN as follows;
Section 1. That it is necessary for the City to issue temporary