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Ordinance - 1658• ORDINANCE NO. 1658 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA AMENDING THE WEST COVINA MUNICIPAL CODE RELATING TO TAXICABS. The City Council of the City of West Covina does ordain as follows: SECTION 1. Chapter 25, Article II of the West Covina Municipal Code relating to taxicabs is hereby amended as follows: "ARTICLE II. AUTOMOBILES FOR HIRE" SECTION 2. Section 25-16 of the West Covina Municipal Code is hereby amended to read as follows: "Sec. 25-16. Definitions. The following words and phrases, whenever used in this article shall be construed as defined in this section, unless it shall be apparent from the context that a different meaning is intended: AUTOMOBILE FOR HIRE shall mean and include every • automobile or motor -propelled vehicle used for the transportation of passengers for compensation over the streets of the city and not over a fixed or defined route, irrespective of whether the operations extend beyond the boundary limits of the city, at rates for distance traveled, per mile, per trip, for waiting time, or otherwise. OWNER shall mean and include any person other than a driver, who or which owns, operates, controls or directs the use of an automobile for hire. DRIVER is a person who drives or is in actual physical control of an automobile for hire. TAXIMETER is a mechanical instrument or device by which the charge for hire of an automobile at a predetermined rate or rates, is mechanically calculated and registered, either from distance traveled, or for waiting time, or both, and upon which such charge shall be indicated by means of figures. CITY LICENSE COLLECTOR shall mean and include the person exercising that function or any city employee designated by the city license collector to perform such functions hereunder. • ` CHIEF OF POLICE shall mean and include the person exercising that funciton or any city employee designated by the chief of police to perform such functions hereunder." SECTION 3. Section 25-17 of the West Covina Muncipal Code is hereby amended to read as follows: "Sec. 25-17. Automobile for hire; application. • (a) The holder of an owner's permit may substitute one automobile in the place and instead of each licensed automobile, the use of which has been discontinued, by making application to do so, and securing the approval of the city license collector and shall not make any such substitution without approval. (b) Before granting such approval, the applicant shall fully comply with the provisions of this article relating to the description and condition of an automobile in the first instance. Upon granting such application, the city license collector shall endorse a memorandum of such substitution upon the original owner's permit, and also upon the license issued to the automobile, the use of which has been discontinued. For each substituion such permit holder shall pay to the city license collector a fee to be extablished by resolution of the city." SECTION 4. Section 25-19 of the West Covina Municipal Code is hereby amended to read as follows: "Sec. 25-19. Vehicle subject to inspection. • (a) Every automobile for hire disclosed in an application for an owner's permit as required by Section 25-36 or vehicle substitution as stated in Section 25-17 shall be subject to a vehicle inspection to be conducted by the chief of police. Such vehicles shall be subject to annual vehicle inspections to be conducted by the chief of police upon the renewal of the expired owner's permit unless otherwise specified. (b) Every automobile for hire subject to a vehicle inspection must be accompanied by a detailed statement from an automotive mechanic licensed under the laws of the State of California as an automotive mechanic. Such detailed statement shall specify the conditions of tires, brakes, body, upholstery and motor. (c) Every automobile for hire shall at all times be subject to an inspection by any police officer or any other authorized inspector of the city." SECTION 5. Section 25-21 of the West Covina Municipal Code is hereby amended to read as follows: "Sec. 25-21. Same -To be posted in automobile for hire. • Every automobile for hire shall display in the passenger's compartment thereof, and in full view of passengers a printed notice of not less than four (4) inches by six (6) inches; which shall have printed thereon in legible print: The name of the business owner of such automobile for hire, the name under which his business is operated, the business address and telephone number." SECTION 6. Section 25-26 of the West Covina Muncipal Code is hereby amended as follows: "Sec. 25-26. License decal to be attached to operating automobile. Each permit issued by the city license collector • pursuant to Division 2 of this article shall entitle the holder thereof to obtain a business license as required by Chapter 14 of this code from the city license collector upon the payment of the prescribed license fee, to operate the automobile or automobiles for hire set forth and described in the permit. Upon the issuance of a business license certificate, a license decal shall be securely attached to the left side of the rear bumper of the automobile for hire licensed at all times when such vehicle is in use." SECTION 7. Section 25-37 of the West Covina Muncipal Code is hereby amended as follows: "Sec 25-37. Application for owner's permit; forms and information. Any person may apply to the city for a permit to operate an automobile for hire upon the streets of the city, by filing with the city license collector, upon forms to be supplied by the city, an application setting forth the following information: (a) The name, age, address and length of residence of such applicant. • (b) Whether applicant was previously engaged in the business for which a permit is requested, and if so, the location and length of time thereof. (c) 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. (d) The number of automobiles for hire to be used in the business of the applicant, and the following information concerning each automobile: Trade name, year model, motor number, and mileage. (e) Such other and further information as may be required by the chief of police." SECTION 8. Section 25-39 of the West Covina Muncipal Code is hereby amended to read as follows: "Sec. 25-39. Order for issuance of owner's permit. At the time set for the hearing of the application for Is a permit required by this division, the city council may examine the applicant and all persons interested in the matter set forth in such application, and shall determine whether or not the public interest, convenience and necessity require the issuance of the permit applied for; and if it be found by the council that the public interest, convenience and necessity, require the issuance of the permit applied for, it shall by resolution order the city license collector to issue an owner's permit in accordance with such application, subject to the filing and approval of a policy or certificate of insurance hereinafter • provided, subject to such conditions as may be imposed by such resolution, including the minimum and maximum number of vehicles that may be used and subject to compliance with Section 25-19." SECTION 9. Section 25-40 of the West Covina Muncipal Code is hereby amended to read as follows: "Sec. 25-40. Certificate of insurance prerequisite to issuance of owner's permit. Before an owner's permit required by this Division shall be issued by the city license collector, the applicant to whom such permit shall have been awarded by the city council as aforesaid shall deliver to the city license collector a policy or certificate of insurance, executed by a company duly authorized under the laws of the state to do an insurance business, by the provisions of which policy the company promises and undertakes to pay in full all claims for damages to persons or property resulting from the operation of the automobiles referred to in said application. The amount of such insurance shall be set by resolution of the city council based upon the advice of the city's insurance risk manager. If any such insurance has • been cancelled 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 cancelled annulled and set aside." SECTION 10. Section 25-41 of the West Covina Muncipal Code is hereby amended to read as follows: "Sec. 25-41 Grounds for denial of owner's permit. Any of the following reasons shall be sufficient for denial of an owner's permit pursuant to this article: (a) That the application is not in the form, and does not contain the information required to be contained therein by this article. (b) That the vehicles disclosed in the application are inadequate or unsafe for the purposes for which they are to be used and/or non-compliance of Section 25-19 of this Chapter. • (c) That the color scheme, name, monogram, or insignia to be used upon such automobiles shall be in conflict with or imitate any color scheme, name, monogram or insignia used by any person in such manner as to be misleading or tend to deceive or defraud the public. (d) The applicant has had, at some prior time, an owner's permit revoked for reason specified by City Council." SECTION 11. Section 25-43 of the West Covina Municipal Code is hereby amended to read as follows: "Sec. 25-43. Cancellation of owner's permit -Expiration of insurance. • In case the terms of any insurance policy required by the provisions of this article for the operation of an automobile for hire shall expire or shall be cancelled, the permit shall, by such expiration or cancellation, be immediately, automatically suspended until such insurance policy is reinstated and is again in full force and effect, or until replaced by other insurance; the amount of such insurance shall be that amount as set by resolution of the city council; provided that, in any case where such insurance has been cancelled 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 cancelled, annulled and set aside." SECTION 12. Section 25-44 of the West Covina Municipal Code is hereby amended to read as follows: "Sec. 25-44 Same -Inactive service. . The failure to use any duly licensed automobile for hire upon the streets of the city for a period of thirty (30) consecutive days shall automatically revoke, cancel and rescind the permit of such inactive automobile." SECTION 13. Section 25-45 of the West Covina Municipal Code is hereby amended to read follows: "Sec 25 -45 Term of owner's permit. Where an owner's permit is provided for in this article, the same shall apply to the calendar year of January first and shall expire on the following December thirty first unless otherwise specified." SECTION 14. Section 25-46 of the West Covina Municipal Code is hereby amended to read as follows: "Sec 25-46. Application for 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 chief of police, upon forms to be supplied by the city, an application for a driver's permit setting forth the name and address of the applicant, the name of the owner of the automobile for hire, the name under which the business is operated, the business address and telephone number and such other information as may be required or deemed necessary or desirable by the city to enable the chief of police to ascertain whether the applicant fulfills the requirements herein set forth." SECTION 15. Section 25-47 of the West Covina Municipal Code is hereby amended to read follows: "Sec 25-47. Same -Investigation of application. The police department shall, within a period of twenty (20) business days after the filing of an application for a driver's permit, make such investigation of the applicant as it deems necessary, and shall in connection therewith require any such person to set forth in said application and make satisfactory proof to the police department that the applicant complies fully within the following qualifications: (a) The applicant shall be at least eighteen (18) years of age and shall be an employee or a lessee of the holder of an owner's permit to operate automobiles for hire upon the streets of the city. (b) The applicant shall have been photographed and fingerprinted by the chief of police. (c) The applicant shall possess a valid California driver's license. (d) The applicant shall pay to the city cashier a fee to be established by resolution. (e) The applicant shall 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: (1) Pandering, pimping or prostitution. (2) Using, possessing, selling or transporting narcotics or controlled substances. (3) Imparting knowledge for the obtaining of narcotics. (4) Contributing to the delinquency of a minor. (5) Assault, battery or other crime of violence. (6) Any law or ordinance involving moral turpitude, dishonesty or fraud. (f) The applicant shall state what, if any, offenses he or she has been convicted of under the California Vehicle Code." SECTION 16. Section 25-48 of the West Covina Municipal Code is hereby amended to read as follows: . "Sec. 25 -48. Denial or issuance of driver's permit. The chief of police may refuse to issue any driver's permit if it is determined through the aforementioned investigation that such applicant is not qualified to be the driver of an automobile for the hire within the provisions of this article. Upon the satisfactory completion of the background investigation or at the conclusion of twenty (20) business days, whichever occurs first, the chief of police shall issue a driver's permit to such applicant. In the event a full background check has not been completed at the time of issuance, such permit shall be contingent on the • satisfactory completion of the background investigation and shall be subject to revocation." Section 17. Section 25-49 of the West Covina Muncipal Code is hereby amended to read as follows: "Sec. 25-49. Term of Driver's permit. Where a driver's permit is provided for in this article, the same shall apply to the calendar year of January first and shall expire on the following December thirty-first, unless otherwise specified." Section 18. Section 25-50 of the West Covina Muncipal Code is hereby amended to read as follows: "Sec. 25-50. Cancellation of driver's permit. The failure of any driver, to whom a driver's permit has been issued under this division, to operate an automobile for hire or to be availabe therefor for a period of thirty (30) consecutive days shall automatically revoke, cancel and rescind the permit of such inactive driver." Section 19. Section 25-51 of the West Covina Municipal Code is hereby amended to read as follows: "Sec. 25-51. Appeal to the City Council. Any applicant or permit holder aggrieved by ay action of the chief of police to deny, revoke, or refuse to renew a permit may appeal to the city council by filing with the city clerk a statement addressed to the city council setting forth the facts and circumstances regarding the action of the chief of police. Such appeal shall be filed within ten days after the disputed action of the chief of police, and the city council shall hear the appeal at its next regular meeting held at least five (5) days after the appeal is filed. The filing of such an appeal with the city council shall not stay the action of the chief of police. At the time of the appeal hearing, the city council shall hear all relevant evidence and shall determine the merits of the appeal, and it shall render a decision thereon within three business days'after the hearing. Said decision shall be communicated in writing to the appellant within two business days thereafter and shall state with specificity the reasons • therefor. The action of the city council shall be final." Section 20. Section 25-52 of the West Covina Muncipal Code is hereby amended to read as follows: "Sec. 25-52. Supension, rescission or revocation of owner's or driver's permit -Generally. The chief of police may suspend the permit after giving written notice to the permit holder, of not less than • two business days, in person or by registered special delivery, postage prepaid and addressed to the permit holder at the address specified in the permit application or any ammendment thereto, of the suspension and proposed revocation, stating with specificity the reasons therefor, under the following conditions: (a) Transmission of radio communication containing opprobrious, expletive, obscene, indecent, or profane words, language, or meaning. (b) Transmission of radio communications containing whistling, sound effects, or any material for amusement, or solely to attract attention. (c) Whenever it shall be brought to the attention of the chief of police that the holder of an owner's or driver's permit has violated any provisions of this article. The permit holder may file with the chief of police, within ten days of the date of the notice of suspension and proposed revocation, a written request for a hearing. Such request shall have the effect of staying the suspension until the chief of police has rendered his decision, except in_ instances where said suspension is necessary to protect the public safety. The chief of police shall hold a hearing within ten days after the filing of such request. At the hearing, the chief of police shall hear all relevant evidence, consider the merits of the proposed revocation, including any actions which have been taken to cure the alleged violation, and shall render a decision thereon within two business days after the hearing. Said decison shall be communicated in writing to the permit holder within one business day thereafter and shall state with specificity the reasons therefor. In the event that the permit holder does not request a hearing within ten business days after the date of the notice of suspension and proposed revocation, the permit shall be revoked and revocation shall not be appealable and the permit holder shall have waived all rights to administrative or judicial remedy." Section 21. Section 25-53 is hereby added to the West Covina Municipal Code to read as follows: • "Sec. 25-53. Same -No refund of fee. In the event of the revocation, rescission or suspension of any permit issued under the authority of this division, no refund shall be made on any permit fee paid as required by the provisions hereof." Section 22. Section 25-54 is hereby added to the West Covina Municipal Code to read as follows: "Sec. 25-54. Permits -Nontransferable. No permit granted under the authority of this article • 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 for hire, either as owner or driver thereof." • Section 23. Section 25-55 is hereby added to the West Covina Municipal Code to read as follows: "Sec. 25-55. Same -Possession. "Any driver to whom a driver's permit has been issued under this division to operate an automobile for hire, must maintain and possess his or her own driver's permit on his or her person at all times during the operation of such automobile for hire in the City of West Covina." SECTION 24. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the manner required by law. PASSED AND APPROVED this 20th day of December , 1984. Attest: City Clerk State of California ) County of Los Angeles ) ss City of West Covina ) MAYOR • I, HELENE M. MOONEY, City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the loth day of December, 1984. That thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the 20th day of December, 1984 by the following vote, to wit: AYES: Councilpersons: NOES: Councilpersons: ABSENT: Councilpersons: ABSTAIN: Councilpersons: • APPROVED AS TO FORM: J Manners, Chappell, Shearer None Tennant, Bacon None City Attorney • • - L-e� City Clerk • C� L� CERTIFICATION I, JANET, BERRY, Deputy City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. �_ was published, pursuant to law, in the San Gabriel Valley. Tribune, a newspaper of general circulation published and circulated in the City of West Covina. DATED: ( I al- 13 Gj Q� Janet Berry, Deputy City Clerk City of West Covina, California