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
•
•
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City Clerk
•
C�
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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
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Janet Berry, Deputy City Clerk
City of West Covina, California