Ordinance - 324ORDINANCE NO.324
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, PROVIDING FOR THE SUPERVISION.AND REGULATION..OF THE
TRANSPORTATION OF.PERSONS FOR COMPENSATION UPON THE PUBLIC.
STREETS AND -PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF.
THE CITY COUNCIL OF THE CITY OF WEST COVINA-DOES ORDAIN AS FOLLOWS:
SECTION 1. DEFINITIONS: The following words and phrases
whenever used in this ordinance shall be construed as defined in'
this section, unless it shall be apparent from the context that a
different meaning is intended.'
(a) "Person" includes a.natural person, firm, copartnership,
association or corporation...
(b) ►►City►► shall mean the ,City of West Covina..
(c) "Street" shall mean and include every street, avenue,
highway, alley, road and,lane in this City which has
been, or may hereafter be, dedicated or set apart as
such and open to public use.
(d) "Automobile for hire" shall mean and include every auto-
mobile or motor propelled.vehicle used.for the transport-
ation of passengers for compensation over the streets of
this City and.not over a fixed or defined route, irrespective
of whether the operations extend beyond the boundary limits
of said-City,,at rates for distance traveled, per mile,
per trip, for waiting time, or otherwise:
(e) "Owner" shall mean and include any person other than a
driver, who.or whichowns,.operates, controls or directs
the use of an, -Automobile for` hire..
(f) "Driver" is a,person who drives or is in actual physical
control"of an automobile for hire.
(g) "Taximeter" is a mechanical instrument or device by which,
the charge for hire of an automobile at a predetermined
I
rate or rates, is mechanically calculated and registered,
i
either for distance traveled, or for waiting time, or
both, and upon which such charge shall be indicated by
means of figures.
I
SECTION 2. It shall be unlawful for any person to operate or
cause to be operated upon any street in the City any automobile for
hire, unless there shall have been issued by the City an owner, is
permit to the owner, and a driver's permit to the driver thereof, and
unless each such permit shall be in full force and effect.
SECTION 3. OWNER'S PERMIT. Any person may apply to the City
for a permit to operate an automobile or automobiles for hire, upon
the streets of the City, by filing with the City Clerk of the City,
upon forms to be supplied by the City, an application setting forth
the following information, viz:
1. The name, age, address and length of residence in the
City of said applicant.
i
2. Whether applicant was previously engaged in the business
I
for which a permit is requested, and if so the location
and length of time thereof.
. 3. The name and address of five (5) or more local references.
4. If applicant is a corporation, a copy of the articles of
incorporation shall be attached to the application; -if
a partnership, a copy of the partnership agreement.
5. The number of automobiles for hire to be used in the bus-
iness of the applicant, and the following information
concerning each automobile; trade name, year model, motor
j number, type,.state license number, mileage and detailed
statement of condition of tires,brakes,body,upholstery
-2-
and motor.
6. Such other and further information as may be required
by the City Council.
I _
SECTION 4. No owners permit for the operation of an automobile
or automobiles for hire shall be granted or authorized to be issued,
until the City Council determines that the following facts exist and
acts have been performed, or that they will exist and will be performed
before the privilege sought shall be exercised:
1. That public convenience and necessity require the operation
of said automobile or automobiles for hire as set forth
in said application.- The declaration of public convenience
I
and necessity shall not be necessary for the granting of a
I
permit to an applicant under the same name on the date
I
prescribed for the expiration of permits, and such permits
shall be classed as renewals provided they were granted in
the first instance under the provisions of this Ordinance.
The Council in declaring whether or not public conven-
ience and necessity exist, may take into consideration all
facts as it may deem pertinent and proper, which facts shall
I
or must include a specific finding that the following
•conditions exist;
i
(a) That applicant is financially responsible.
(b) That persons holding permits for the operation of
automobiles for hire are, under efficient manage-
ment, earning a fair 'and reasonable rate on their
capital devoted to such service.
i
(c) That persons holding permits for the operation of
i
automobiles for hire are, under normal conditions,
i
inadequately serving the public.
-3 -
I
i
(d) The color scheme and insignia of the automobile
for hire is not the same as or so nearly like
that of any other owner permittee as to deceive
j or tend to deceive the public.
2. That'the owner has secured and paid in advance the premium,
for not less than one month, upon an insurance policy executed
by an insurer and in such form as the Council may deem proper
and approve, insuring the owner, driver and public against
any loss or damage that may result to any person or property
as the result of the ownership, use or operation of such
automobile or automobiles, provided, that the minimum liability
or amount of recovery upon such policy or policies for each
automobile for hire being so operated shall not be less
than the following:
For the injury to any one person, or the death of any
one person, in any one accident...........$10,000.00.
For the injury to two or more persons, or the death of
two or more persons, in any one accident..$20,000.00.
For the injury or destruction of property in any one
accident ...................................$ 59000.009
• provided, further, that the owner has filed an endorsement
of.said insurance policy or policies with the City Clerk
wherein it is provided that the same shall not be canceled
by the insurer until the City, by service on the City Clerk,
shall have written notice at least ten (10) days imiritediately
prior to the time when such cancellation shall become effective.
-4-
•
•
3. That the Chief of Police of the City, whose duty it
shall be to do so, has made or caused an examination to
be made of the automobile or automobiles described in
said application and to be used for hire, and reports in
writing to the City Council that such automobile or
automobiles is or are in all respects in good running order,
and adequate to secure the safety of passengers.
That applicant has in all respects fully compiled with all
4. laws of the State and ordinances of the City.
SECTION 5. Each permit issued by the City Council shall entitle
the holder thereof to obtain a license from the City Clerk upon the
payment of a license fee, at the rate of Twelve Dollars ($12.00) per
year per automobile therefor, payable in advance, to operate the
automobile or automobiles for hire set forth and described in the
permit. Such license shall be in the form adopted and approved by the
Council, and shall be securely attached to the dash of the automobile
for hire licensed at all times when said vehicle is in use.
The holder of an owner's permit may substitute one automobile
in the place and stead of each licensed automobile the use of which
has been discontinued, by making -application to do so, and securing
the approval of the City Council.
Before granting such approval the applicant shall fully comply
with the provisions of subdivisions five (5) and six (6) of Section
Three (3), and subdivisions two (2) and three (3) of Section Four (4)
of this Ordinance. Upon granting such application the City Clerk
shall endorse a memorandum of such substitution upon the original
owner's permit, and also upon the license issued to the automobile,
-5-
the use of which has been discontinued. For each substitution.
such permit holder shall pay to the City Clerk a fee of One Dollar -
SECTION 6. The granting of a permit for the operation of an
automobile or automobiles for hire, and full compliance by permittee
with all of the provisions of this ordinance, shall entitle the
permittee to operate, so long as such permit is in full force and
effect, such automobile or automobiles for hire for the transportation
•
of passengers over the streets of the City, provided that at all
such times each such automobile shall be driven by a driver duly
licensed under the provisions of this Ordinance.
SECTION 7. In case the terms of the insurance policy or policies
required by the provisions of this Ordinance for the operation of an
automobile for hire shall expire or shall be canceled, the said permit
shall, by such expiration or cancellation, be immediately, automati-
cally suspended until such insurance policy or policies are reinstated
and are again in full force and effect, or until replaced by other
insurance to the approval of the City Council, provided, that in any
case where such insurance has been canceled or has expired, and
has not been reinstated nor replaced with other insurance within ten
• (10) days after the expiration or cancellation thereof, then the
permit which has been issued for the operation of such automobile or
automobiles for hire covered by such insurance shall be automatically
canceled, annulled and set aside.
Th°d failure to use any duly licensed automobile for hire upon
the streets of the City and to have the same in active service for
the reasonable convenience of the people of the said City for a period
of thirty (30) continuous days.shall automatically revoke, cancel
and rescind the permit of such inactive automobile.
SECTION 8. DRIVER'S PERMIT Any person may apply to the
City for a driver's permit to drive an automobile for hire, upon
the streets of the City, by filing with the City Clerk of the City,
upon forms to be supplied by the City, an application for a driver's
permit setting forth the name and address of the applicant, and such
other information as may be required or deemed necessary or desirable
• by the City Council to enable the Council to ascertain whether the
applicant fulfills the requirements herein set forth.
Applicant shall set forth in his application and make satis-
factory proof to the City Council that the applicant comes fully
within the following qualifications:
1. Applicant shall be at leasttwenty-one (21) years of age.
2. Applicantshall not have been convicted in the courts of
any State of the United States or in any United States
Court of any of the following offenses:
(a) Driving a motor vehicle while under the influence of
an intoxicant or narcotic..
Applicant shall also state what,if any, offenses he
has been convicted of under the California Vehicle Code.
• (b) Pandering.
(c) Using,possessing,selling or transporting narcotics.
(d) Imparting knowledge for the obtaining of narcotics.
(e) Assault and/or battery.
(f) Any law or ordinance involving moral turpitude.
(g) Violating any of the provisions of this Ordinance.
3. Applicant has been photographed and fingerprinted by the
West Covina Chief of Police.
-7-
4. Applicant is otherwise a fit and proper person to be
the driver of an automobile for hire, and the Chief of
Police of the City shall give such applicant an examin-
ation to determine his ability to operate an automobile,
and shall report his findings to the City Council.
The City Council may refuse to issue any such permit,
if, in the exercise of a reasonable discretion, it shall
idetermine that such applicant is not qualified to be the
driver of an automobile for hire, or that public convenience
and necessity do not require the granting of such permit.
Otherwise the Council shall direct the City Clerk to issue
a driver's permit to such applicant upon the payment of.a
license fee of $2.00.
SECTION 9. The failure of any driver duly licensed under the
provisions of this Ordinance to operate an automobile for hire or to
be available therefor for a period of thirty (30) consecutive days
shall automatically revoke, cancel. and rescind the permit of such
4
inactive driver.
SECTION 10. Any permit under the provisions of this Ordinance
grantedto an owner to operate an automobile or automobiles for hire,
• or to a driver to drive an automobile for hire, shall be in full
force and effect until the holder thereof shall violate any of the
provisions of this Ordinance or until said permit has been revoked,
suspended or expires, but in no event to be for a period of more
than one (1) year from the date of issuance thereof. No person
holding an owner's permit which is not in full force and effect
shall allow any automobile under his ownership, management or control
•
0
to be used for the carrying of passengers for hire upon the streets
of the City; and no person whose driver's permit has expired, or
which has been revoked or suspended, shall drive, operate or be in
charge of an automobile for hire.
SECTION 11. If at any time it shall be brought to the attention
of the City Council that the holder of an owner's or driver's permit
has violated any of the provisions of this Ordinance or any Ordinance
of the City, or any law of the State of California, in connection
with the operation of any automobile for hire, or has done or failed
to do any act, suffered or permitted any act to be done, which if
done, not done or suffered or permitted to be done prior to the
issuance of an owner's or driver's permit, no such permit could have
been issued under the terms of this Ordinance, or that such personts
conduct indicates that he is not a fit and proper person to be the
holder of an ownerts or driver's permit hereunder, the City Council
shall have the power to suspend, rescind or revoke such owner's or
driver's -permit.
Said revocation, rescission or suspension shall be ordered
only after a hearing before said Council at which hearing all interested
parties may be present and opportunity afforded to present evidence
on the issues presented. Such owner or driver whose permit it is
sought to revoke, rescind or suspend shall have at least five (5)
dayst written notice of the time and place of hearing the application
to revoke, rescind or suspend such permit. Such hearing may, by the
Council, be continued from time to time, and the findings and order
of the City Council shall be final and conclusive in the matter. In
the event of the revocation, rescission or suspension of any permit
issued under the authority of this Ordinance, no refund shall be made
-9-
on any license fee paid as required by the provisions hereof.
SECTION 12. No permit granted or license issued under the
authority of this Ordinance shall be assigned or transferred, or in
any manner authorize any one other than the person to whom the same
has been issued, to operate an automobile or automobiles for hire,
either as owner or driver thereof.
SECTION 13. No rate shall be placed in effect, charged, demanded
• or collected for service of an automobile for hire until the City
Council shall have approved and established said rate. The City
Council shall have power, upon a hearing upon its own motion or upon
complaint, to investigate a single rate or fare, or the entire
schedule of rates in effect and to establish a new rate or schedule
of: rates, in lieu thereof.
Every automobile for hire shall display in the passenger's
compartment thereof, and in full view of the passengers a printed
notice of not less than 5-inches by 7-inches in size, which shall
have printed thereon in legible print: the name of the owner of
said automobile for .hire, the name under which his business is oper-
ated, the business address and telephone number of such business,
together with the rates to be charged persons using such vehicle-,
• whether said rates are determined by the number of passengers, the
distance traveled, per mile, per trip, f or waiting time, or otherwise,
and irrespective of whether the operations are within or extend
beyond the boundary limits of the City of West Covina.
SECTION 14. Every automobile for hire for which a permit has
been issued shall be.operated by the owner thereof or an employee
of such owner. No owner or driver of such automobile for hire shall
-10 -
enter into any contract, agreement or understanding between them-
sevles by the terms of which such driver pays to, or for the account
of, such owner a fixed or determinable sum for the use of such vehicle.
SECTION 15. Any driver employed to carry passengers to a
definite point shall take the most direct route possible that will
carry the passengers safely and expeditiously to their destination,
• unless specifically directed otherwise by such passengers.
SECTION 16. When an automobile for hire is engaged, the
occupants shall have the exclusive right to the full and free use
of the passenger compartment, and no owner or driver of said automo-
bile shall solicit or carry additional passengers therein.
SECTION 17. Every driver of an.automobile for hire shall
file, within twenty-four (24) hours thereafter, a full and complete
report of any accident in which any automobile for hire, being '
operated by said driver, is involved, whether or not said accident
caused damage to person or property.
SECTION 18. Every person is guilty of a misdemeanor who:
(a) fails or refuses to pay .the fare authorized by a permit
for which he has become liable, or (b) accepts a ride in an automobile
for hire without having on his person sufficient funds to pay the
authorized fare, unless prior to accepting such a ride he informs the
driver of such automobile he has not such funds, or (c) accepts a
ride in any automobile for hire with intent to defraud the driver or
owner, or not to pay the full fare authorized.
SECTION 19. Any person violating any of the provisions of
this Ordinance or knowingly or intentionally misrepresenting to any
-11-
f
City official any material fact in procuring any permit or license
herein provided for, shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be punishable by a fine of not more
than Five Hundred Dollars ($500.00) or by imprisonment in the
County Jail of Los Angeles for a period of not more than six (6)
months,or by both such fine and imprisonment, in the discretion of
the Court.
'
Each
such
person shall be deemed
guilty of
a separate offense
for each and
every
day during any portion
of which
any violation of
any provision of this ordinance is committed, continued or permitted
by such persona, and shall be punishable therefor as provided by
this ordinance.
SECTION 20. The City Clerk shall certify to the adoption of
this Ordinance, and prior to the expiration of fifteen (15) days
from the passage thereof, shall cause the same to be posted with the
names of the members voting for and against the same in three places
within the City, in the manner required by the laws and ordinances
in the'City of West Covina, and thirty (30) days from and after the
final passage thereof said Ordinance. shall take a ect and be in force.
yor e 1 y o es Covina
ATTEST -
City Clerk
I HEREBY CERTIFY that the foregoing Ordinance was adopted
at a regular meeting of the City Council of the City of West Covina,
held on the 26th day of July, 1954, by the affirmative vote of at
least three Councilmen, to wit:
-12 -
AYES: Councilmen JAMES W. KAY BERT. C. VA:: HORN J. CAL SPERLINFP
NOES: JOZ HURST, MAYOR
ABSENT: JAY D. BROWN _
City Clerk of the City of'-Wesof'-West Covina
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES ) ss.
CITY.OF WEST COVINA )
ROBERT FLOTTEN, being by me first duly sworn, deposes and
says: That he is the City Clerk of the City of West Covina,California;
a citizen of the United States and over the age of 21 years; that on
IP Au 6-vs f
the day of may, 19549 he posted three copies of Ordinance No.
324 of the City of West Covina, entitled "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, PROVIDING FOR THE
SUPERVISION AND REGULATION OF THE TRANSPORTATION OF PERSONS FOR
COMPENSATION UPON THE PUBLIC STREETS AND PRESCRIBING PENALTIES FOR
THE VIOLATION THEREOF', in three places in said City, to wit: One
at the Police Office, 1444 West Garvey Boulevard, one in front of the
West Covina School House, and one at the northwest corner of Puente
Street and Lark Ellen Boulevard. A
k/
• City ter .
Subscribed and sworn to before me
�vyv�rf
this,V-!�day of fig, 1954.
�yl-ubllc in r the County
of Los Angeles, State of California
1,1y Commission Expires August 12,1956
-13 -