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 City of Hermosa Beach --- 02-24-98
TAXICAB ORDINANCE REVISION
Recommendation:
It is recommended the City Council:
The City Council directed staff to rewrite the City Taxicab Ordinance, look into alternate locations for cabstands and return with a proposal on RFP process.
During the staff review of many taxicab ordinances by surrounding cities and the greater Los Angeles County, only one city, the City of Los Angeles, utilized a request for proposal at LAX to solicit taxicab services.
Analysis
The taxicab ordinance presented, if passed by Council, will become the blueprint used to regulate taxicab operations and drivers. Although there exists a broad similarity in content with the other cities surveyed for taxicab codes. There also exists a high variability in fee schedules and enforcement policy. (See Exhibit A)
The means of attaining taxicab service compliance is through a taxicab ordinance and enforcement of taxicab stand locations. Taxicab stands have already been designated and posted at three centrally visible locations in the downtown area on Hermosa Avenue. Combined, the center island South of Pier Avenue, West Side of 10th Street and West Side of 13th Street allocates thirteen full spaces. Two other potential stand locations South of 10th Street would add another seven spaces. In the past several months, the taxistands have worked exceedingly well and have improved parking conditions in the business district by returning business front parking availability and increasing green zone (15 mins.) parking spaces.
A key element in the success of any taxicab service that other cities contacted repeatedly identified was the following:
1. A designated person in City Hall or the Police Department to adminster the program from the initial application process, licensing and permitting, to the follow-up functions of enforcement of regulations, revocation hearings and complaint processing.
The Finance Department would still administer all fee transactions. This position could currently be assigned to the Support Division in the Police Department, directly to our Administrative Review Investigator in the Parking Enforcement Bureau. This position is currently a contracted three-quarter-time position, costing $23,439.00 annually. Making it a full-time position with benefits would increase annual salary to $33,648.00
2. Application processing for automobile for hire and taxicab service permit as delineated in the ordinance is very work intensive. The average time reported spent on applications and permit processing is two weeks. It is crucial that the information listed on the application form is verified to be accurate and truthful, so disreputable taxi service companies are not granted a permit to operate. The formulation of having a quality taxi service in our city is on the front end of the process. This mitigates the need for an intensive enforcement policy which would require more personnel and increased costs at revocation hearings.
Ordinance Section 5.72.050 - Application for Automobile for Hire and Taxicab Service Permit, lists all the information required under penalty of perjury.
Application/Permit Fees
A non-refundable application fee to defray the cost of processing the application fee for a permit should be required to be paid by each applicant whether the applicant receives a permit or not.
A permit fee should be required to be paid by each applicant for a permit that has been granted and permit renewals. The application and permit fee should not exceed the actual costs of processing.
Taxicab service administration does not end merely at application permit processing, fee collection and taxicab stand designation. The majority of the work will be ongoing monitoring of the taxicab service companies and its drivers to comply with the ordinance regulations which are many. This enforcement aspect falls on the only 24-hour city enforcement department available, the Police Department.
The gathering of information for revocation hearings, hearing administration and legal procedures is best prepared by the Police Department for the City Manager's findings on the matter.
The identification, code enforcement and control of illegal independent taxicab operators will also be an ongoing problem which will require vigilance.
Fiscal Impact
The costs associated with the initial implementation of the Taxicab for Hire Ordinance will be higher until a foundation of taxicab service companies will be perrenial along with the city processes. This is a new city program and, as such, resources; personnel allocation, office supplies and legal costs, should be funded to ensure success of the program. The estimated program costs will be recovered by the Permit Fee of $321.00
COST:
Personnel
$10,209 Salary - Administrative Review Investigator
$1,000 Office supplies, forms, stickers.
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PERMIT ISSUANCE
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ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH REPEALING CHAPTER 5.72 OF THE HERMOSA BEACH MUNICIPAL CODE, ADDING A NEW PART 5.72 THERETO, AND REVISING REGULATIONS APPLICABLE TO TAXICAB OPERATORS AND DRIVERS.
The City Council of the City of Hermosa Beach hereby does ordain as follows:
Section 1. Chapter 5.72 of the Hermosa Beach Municipal Code regulating taxicab operations within the City of Hermosa Beach is hereby repealed.
Section 2. A new Chapter 5.72 of the Hermosa Beach Municipal Code is hereby added to read as follows:
CHAPTER 5.72 - AUTOMOBILES FOR HIRE AND TAXICAB OPERATIONS
5.72.010 Purpose
5.72.020 Definitions
5.72.030 Permit Required for Automobile for Hire and Taxicab Service
5.72.040 Permit Required for Automobile for Hire and Taxicab Drivers
5.72.050 Application for Automobile for hire and Taxicab Service Permit
5.72.060 Issuance of Automobile for Hire and Taxicab Service and Automobile for hire and Taxicab Driver Permits
5.72.070 Grounds for Denial or Revocation of Automobile for Hire and Taxicab Service Permit
5.72.080 Conditions of Approval
5.72.090 Transfers
5.72.100 Permit Fees
5.72.110 Requirements Applicable to Automobile for Hire and Taxicab Drivers and service operators.
5.72.120 Taxicab Stands
5.72.130 Taximeters - Required
5.72.140 Revocation of Permits
5.72.150 Suspension
5.72.160 Appeal Procedures
5.72.170 Exemptions
5.72.010 Purpose. The purpose of this Chapter is to provide rules and regulations governing the operation and permitting of automobile for hire and taxicab companies, and automobile for hire and taxicab drivers. The further purpose of this Chapter is to serve as the taxicab and automobile for hire transportation service policy of the City of Hermosa Beach as required to be adopted by California Government Code Section 5307.5(b).
5.72.020 Definitions. As used in this Part, the following terms shall have the meanings set forth below:
A. "Automobile for hire' shall mean every motor-propelled vehicle, or pedal powered taxi (Pedicab), other than taxicabs, used for the transportation of passengers for hire from one location within the City to another location within the City or beyond, at rates per mile, per trip, per hour, per day, per week, or per month.
"Automobile for hire service" shall mean a business which provides automobiles or pedal powered taxi for hire for transportation service to persons within the City.
C. "City Manager" means the City Manager of the City of Hermosa Beach or a designee thereof.
D. "Driver" means any person driving a taxicab either as owner or under the direction, employment, control, or service of the owner as herein defined.
E. "Owner" means every person having control, whether by a ten percent (10%) or greater ownership interest, lease or otherwise of any taxicabs for hire. "Person" means and includes both singular and plural, and means and includes any individual, firm, corporation, association, partnership, or business entity, exclusive of public agencies.
"Taxicab" means any vehicle designed to carry not more than eight (8) persons, excluding the driver, and which is used to provide taxicab service as defined in this Part.
H. "Taxicab service" means any public passenger transportation service utilizing taxicabs and available for hire on call or demand over the public streets of the City where the service is not provided over a defined route, but is between such points and over such routes as may be directed by the person(s) hiring the same, and irrespective of whether the operations extend beyond the area of the corporate limits of the City. The term "taxicab service" shall include the act of picking up any passenger in the City, but shall not include the sole act of delivering any passenger to a location within the City.
5.72.030 Permit required for automobile for hire and taxicab service. It is unlawful for any person to engage in the business of operating or causing to be operated any automobile for hire or taxicab service within the City without having a permit to do so pursuant to the provisions of this Chapter.
5.72.040 Permit required for automobile for hire and taxicab drivers. It is unlawful for any person to drive an automobile for hire or taxicab for hire in the City without having a permit to do so pursuant to the provisions of this Chapter.
5.72.050 Application for automobile for hire and taxicab service permit. Any person desiring to obtain a permit to operate a taxicab service under this part, or to renew a permit, shall submit a written application to the City Manager on an application form provided by the City Manager. Applications shall be signed under penalty of perjury and shall contain the following:
The legal name, actual street address and phone number of the applicant If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation. Additionally, the names and addresses of all directors, any stockholder holding ten (10) percent or more the shares of the corporation, and the name and address of an officer who is duly authorized to accept service of legal process shall be included. A corporate applicant shall also provide a Certificate of Domestic Stock Ownership. If the applicant is a partnership, the names and addresses of each general partner shall be stated. If one (1) or more of the partners is a corporation, the provisions of this subsection pertaining to a corporate applicant shall apply. If the applicant is a cooperative, member stock-type operation, service organization, or association, the application shall include the names, addresses and business phone number of each of the officers, directors and each stockholder owning any portion of any stock organization or association as well as the address to which notice, when required, is to be sent or mailed, and the names of every individual authorized to accept service of process on behalf of the applicant. If the automobile for hire to taxicab service is advertised to the public and operates under a name other than the name of the applicant, that name shall be included as well. The applicant shall give all fictitious business names used in Los Angeles County in the last five (5) years;
B. The street address from which the applicant conducts or will conduct the automobile for hire or taxicab service business, as well as the location at which the vehicles will be garaged and where dispatch will be conducted. A person may not use a post office box, mailbox, message service, or other similar device as the actual street address of the business for purposes of this chapter. A post office box, mailbox, message service, or other similar device can be used as the mailing address of the business for business purposes only;
C. Number of vehicles to be operated under the permit;
The make, type, year, manufacturer, and passenger seating of the vehicles to be used by the applicant, together with evidence satisfactory to the City Manager that each taxi or auto for hire proposed to be utilized has been safety inspected within a period of time satisfactory to the City Manager, and otherwise complies in all respects with any and all applicable laws, rules, and regulations; E. The proposed color scheme, insignia or other distinguishable characteristics of the taxicab or auto for hire to be used, including the type of illuminated sign to be mounted on the top of the vehicle, if any, and legend thereon; F. Evidence satisfactory to the City Manager of having procured comprehensive general liability and automobile liability insurance which will insure and indemnify the applicant and the passengers riding in the taxicab against liability or financial loss resulting from injury occurring to persons or passengers from the operation of such vehicles in an amount not less than $100,000 for bodily injury to any person, $350,000 for any one accident, and $50,000 for any property damage. 1. The policy insurer must be either a carrier licensed by the State of California to sell commercial automobile liability in the State of California and be an admitted carrier member of the California Insurance Guarantee Fund, or maintain an AM Best rating of "A" or better for non-admitted carriers (with proof of licensing or rating to be provided by applicant.)
The policy shall be primary and not contributing to any other insurance maintained by the City;
3. The policy shall name the City, the City Council, its officers, agents, and employees as additional insureds; The policy shall provide the City Manager with thirty (30) days prior notice of any cancellation or modification of the policy.
. 5. As a condition of the permit, the permittee agrees to indemnify, defend, and save harmless the City, its agents, officers and employees from and against any and all liability, expense, including defense costs and legal fees and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with the permittee's activities, including any worker's compensation suits, liability or expense, arising from or connected with services performed by or on behalf of the permittee by and person pursuant to this permit.
G. Legal and registered ownership of the vehicles to be used by the applicant.
Prior experience of the applicant in the auto for hire or taxicab business including the details of any prior denial, revocation or suspension by any public agency of any type of taxicab service or taxicab driving permit, license or certificate;
I The names of each driver to be employed who will operate a taxicab or auto for hire in the City, a copy of any and all current licenses of each driver necessary to operate a taxicab or auto for hire;
J. A statement by the applicant that no driver employed or to be employed has been convicted of driving under the influence of alcohol or drugs within the previous five (5) years;
K. Rates to be charged to the public throughout the term of any permit issued;
L. Unless otherwise provided by law, evidence that the applicant has procured workers compensation insurance covering any and all drivers to be employed by the applicant should a taxicab service permit be issued.
M. Evidence satisfactory to the City Manager establishing that the applicant has complied and currently complies with the provisions of California Government Code Section 5307.5 (b) (3), or any successor provision thereto, pertaining to pre-employment and periodic testing of drivers for controlled substances and alcohol, and with provisions therein pertaining to payment for drug and alcohol testing programs and related reporting requirements. The applicant shall also provide evidence satisfactory to the City Manager that each driver to be utilized in the City has tested negative for drugs and alcohol no more than one (1) month prior to employment or within the previous six (6) months, whichever is later.
N. The names, addresses and telephone numbers of no less than two (2) individuals who may be contacted twenty-four (24) hours a day, seven (7) days a week by the City in case of an emergency.
O. An explanation of how the permittee will provide service to people with disabilities which make it difficult to use conventional taxicabs.
P. Such further information pertinent to the operation of the proposed taxicab or automobile for hire service, including but not limited to the business backgrounds of the officers and directors, certified business financial statements, and lease arrangements as either the City Manager or the Police Chief may require,.
Q. A public convenience and necessity proposal which must contain the following information:
1. Provisions demonstrating the need and necessity of an automobile for hire or taxicab service, including an estimate of the need for the automobile for hire or taxicab service in the City. This shall include, but not be limited to, any survey, study or other preparation of facts which demonstrates the need for a taxicab or auto for hire service in such operating area.
2. The history of the organization, and the manner in which it is organized including, without limitation, the date of formation, the business commencement date(s), and all business locations in California during the last five (5) years.
R. Any other information that the City Manager deems necessary.
5.72.060 Issuance of taxicab service or automobile for hire service, and taxicab driver or automobile for hire driver permits.
Upon the furnishing of all of the information required by Section 5.72.050 and payment of the required fee, the City Manager shall determine whether or not the applicant has satisfied all requirements of this Chapter. The City Manager may initiate an investigation of facts for each application with the appropriate City or County agencies including, but not limited to, the City's Police Department. If the City Manager finds that all requirements of this part have been satisfied, an annual taxicab service or auto for hire service permit shall be issued. The permit shall be deemed to authorize use of only those drivers and taxicabs/automobiles described in the application.
An application which is not complete shall be returned to the applicant along with a list of the deficiencies. The application shall be deemed abandoned if, within fourteen (14) calendar days from the first class mailing of any notice from the City, the application is not received by the City with all of its defects entirely corrected.
A taxicab or auto for hire driver's permit shall be issued to each qualified driver listed in the taxicab or auto for hire service application and to each qualified driver subsequently listed with the City by the taxicab or auto for hire service applicant. Such permit shall be valid so long as the driver continues to satisfy all requirements of this Chapter and the driver's taxicab or auto for hire service employer maintains a current taxicab or auto for hire service , or until the taxicab or auto for hire driver's permit may be revoked as provided herein.
Different drivers may be utilized by a permitted taxicab or auto for hire service provided all driver information required as part of the taxicab or auto for hire service permit application process is provided to the City Manager in writing at least ten (10) days prior to such driver commencing to operate any taxicab or auto for hire in the City. Use of any additional or different taxicab or auto for hire shall require City's prior written consent. Any applicant denied a taxicab or auto for hire service permit, or renewal of same, shall be notified in writing of such denial and the grounds upon which such denial is based.
5.72.070 Grounds for denial or revocation of taxicab or automobile for hire service permit. A taxicab or auto for hire service permit may be denied or revoked on the following grounds:
A. Failure to maintain vehicles in good and safe order and in compliance with all laws;
B. Any false, misleading or fraudulent statement made on an application submitted under this part;
C. Failure to pay any fees as required under this Chapter;
D. Repeated and persistent violations by the permittee or the permittee's drivers of the traffic laws of the City, County or State;
E. Employment of a driver providing taxicab or auto for hire services within the City who does not have a valid taxicab or auto for hire driver's permit or renewal thereof issued pursuant to this Chapter;
F. Employment of a driver providing taxicab or automobile for hire services within the City who does not have a valid California Driver's License as required by law;
G. Repeated and persistent poor safety record, and/or a record of complaints, with respect to the operation of the automobile for hire or taxicab service within the City or other operating areas outside the City;
H. Charging rates in excess of the amounts stated in the permit application;
I. Failure to procure, post or maintain in effect approved comprehensive automobile liability insurance as required under Section 5.72.050(F) of this Chapter; A temporary lapse in insurance coverage may result in immediate suspension pursuant to Section 5.72.150 below. Repeated or continued failure to maintain the insurance required under this Chapter will result in revocation pursuant to Section 5.72.140.
J. Commission of, by either an applicant, his or her agent or employee, or any person connected or associated with the applicant as a partner, director, officer, stockholder, associate or manager, a crime involving moral turpitude which is substantially related to the business activity for which the license is sought or issued;
K. Failure to comply with all applicable health, zoning, fire, building and safety laws of the State of California and the City for buildings, structures, premises or equipment located within the City and used to conduct the automobile for hire or taxicab service activity;
L. Commission or assistance in the commission, of, by either an applicant, his or her agent or employee, or any person connected or associated with the applicant as a partner, director, officer, stockholder, associate or manager, any act or act of omission which would be grounds for disciplinary action pursuant to this Chapter;
M. Resulting detriment to the public health, safety or welfare due to the establishment of the automobile for hire or taxicab service;
N. Violation by the applicant, or any of his or employees or agents, of any rule or regulation adopted by any governmental entity with respect to the applicant's operation of an automobile for hire or taxicab service in other operating areas or within the City;
O. Determination by the City Manager that the permit is not justified by public convenience and necessity. In making this determination, the City Manager may take into account all facts which it deems pertinent and proper, including but not limited to, whether;
1. The applicant has complied with all of the provisions of the City's Municipal Code;
2. The applicant is financially responsible and under efficient management;
3. The applicant is capable of providing safe and prompt taxicab or auto for hire service;
4. The proposed insignia and color scheme for the applicant's taxicabs or automobile for hire do not conflict with any existing permittee operating within the City so as to deceive or tend to deceive the public. Upon such finding, the applicant may amend such application to designate a different color scheme or insignia;
5. The applicant has presented evidence sufficient to justify operation of a specified number of taxicabs or autos for hire in the City;
6. The applicant has sufficient liability insurance coverage to operate a taxicab or auto for hire service;
P. Failure to comply with the requirements of Section 5.72.110 of this Chapter.
Q. Violation of, or failure to satisfy any requirements contained in any of the provisions of this Chapter.
5.72.080 Conditions of Approval
A. Right to Condition Permit. The City Council may condition any permit at any time in order to ensure that the automobile for hire or taxicab operation will comport with the public health, safety, and welfare. Further, the City Council may condition such permit where it finds that grounds for denial or revocation of the permit exist or that the manner in which the business has been conducted or operated is detrimental to the public health, safety and welfare. The permittee shall sign an affidavit affirming his or her acceptance of the conditions.
B. Application to Change Conditions. The City Council may change, modify or eliminate any conditions previously placed on the permit upon its own motion or upon written request of the permittee if it finds that the reasons for the original imposition of such conditions have been cured or no longer exist. Applications to change conditions shall be noticed and set for public hearing in a manner consistent with Sections 5.72.140 and 5.172.150 of this Chapter.
5.72.090 Transfers. No permit issued under this Chapter shall be sold, transferred, assigned, mortgaged or otherwise conveyed without the consent of the City Manager, and any sale, transfer, assignment, mortgage or otherwise conveying any such permit without consent and approval of the City Manager shall render the permit automatically void.
5.72.100 Permit Fees.
A. Every person engaging in or carrying on the business of taxicab or auto for hire service, shall pay an annual permit fee as established by resolution of the City Council. Required fees shall be paid at the time an application for a permit or renewal thereof is submitted under this Chapter.
B. Every permit issued under this Chapter shall terminate at the expiration of one year from the date of its issuance unless revoked prior to said termination. Any renewal of a permit issued under this Chapter shall be pursuant to the same requirements, procedures, provisions and regulations set forth in this Chapter for an original permit, except as otherwise herein provided. A person holding a taxicab or auto for hire service permit may not drive a taxicab or auto for hire without also possessing a current taxicab or auto for hire driver's permit and otherwise satisfying all requirements of this Chapter pertaining to City approval of taxicab and auto for hire drivers. Every taxicab or auto for hire service permittee shall provide written notification to the City Manager upon the termination of any taxicab or auto for hire driver possessing a City taxicab or auto for hire driver's permit.
5.72.110 Requirements applicable to taxicab and automobile for hire drivers. Every taxicab and auto for hire driver and/or service operator shall be jointly and severally responsible for all of the following requirements.
Each taxicab and auto for hire service operator:
A. Shall maintain, at all times in full force and effect, insurance as required by Section 5.72.050(F) of this Chapter.
B. Shall maintain, at all times, a valid business license to operate a taxicab or automobile for hire service within the City of Hermosa Beach.
Each taxicab and auto for hire driver:
A. Shall keep an accurate, legible record of all passengers carried, the pick up and drop off points, and the date and time carried. This record shall be available for up to one year for review by the City Manager.
B. Shall not, when otherwise available for hire, refuse to transport anyone requesting a ride except under the following circumstances:
1. The transportation requested is such that the driver may not legally accept such passenger;
2. The driver has reasonable cause to believe that the proposed passenger will refuse to pay or cannot pay the fare; or
3. The proposed passenger is disorderly, engaged in the commission of any crime, or is otherwise unfit to be transported as a passenger.
C. Shall wear a photo I.D. badge identifying the driver's association with a permitted taxicab or auto for hire service;
D. Shall keep the taxicab or auto for hire in good mechanical condition and in compliance with any and all applicable rules and regulations;
E. Shall charge only those rates as submitted on the application or such rates as have been approved by the City Manager in writing;
F. Shall display in full view of passengers in both the front and the rear seat, in letters and figures which are clearly legible and not less than one-quarter (1/4") inch high (1) a schedule of rates to be charged and (2) a notice that a schedule of customary rates from the City's major points of interest is available upon request. The schedules shall have printed thereon the name of the taxicab or auto for hire permittee under which the taxicab or auto for hire is permitted to operate and the business address and telephone number where comments or complaints regarding the taxicab or auto for hire service may be directed.
G. Shall keep the taxicab or auto for hire in a clean and sanitary condition;
H. Shall participate in periodic testing for controlled substances and alcohol, shall report the results thereof, as specified in Government Code Section 53075.5 (b) (3), shall test negative for drugs and/or alcohol as required in said Code Section, and shall carry in his or her vehicle a certificate of compliance with the provisions described in this subsection.
I. Shall not permit any person to operate a taxicab unless such person is authorized to operate a taxicab pursuant to this part.
J. Shall not stop for or accept any passenger except at such areas as may be authorized by the City; or where the taxicab or auto for hire driver has driven a passenger to a particular location and is waiting for such passenger; or when picking up a passenger who has contacted the taxicab or auto for hire driver's employer and requested taxicab or auto for hire service;
K. Shall drive passengers to their point of destination by the most direct practical route, unless specifically directed otherwise by such passengers;
L. Shall, when engaged, provide current passengers with exclusive right to use of the passenger compartment, without picking up additional passengers, unless otherwise expressly permitted by the City;
M. Shall immediately report the fact of any revocation of any permit required to operate a taxicab or auto for hire within the City.
N. Shall surrender the taxicab or auto for hire driver's permit to the City if no longer employed by a City-permitted taxicab or auto for hire service.
O. Shall fulfill the following equipment requirements;
1. Automobiles for hire and taxicab equipment.
a. A trunk device which will permit the opening of the trunk lid from the inside of the trunk;
b. A permanent fixture to display the taxicab or auto for hire driver's permit in prominent view of the passengers;
c. Prominent signs giving the name and telephone number of the taxicab or auto for hire permittee and the taxicab or auto for hire number on the sides of the vehicle. The taxicab or auto for hire number shall also be conspicuously displayed on the rear portion and inside the vehicle.
d. No fewer than four (4) working doors, except that handicapped accessible mini-van may be used;
e. A fire extinguisher;
f. Four (4) flares;
g. At least two (2) emergency reflectors;
h. Spare tire and jack;
i. Windows which patrons can open from inside and;
j. Working headlights, taillights, turn-signals, back-up lights, and brake lights, including the "cyclops" or third brake light, if the car has been manufactured in 1988 or later.
2. Taxicab equipment. In addition to the equipment requirements of Subsection (1) above, every taxicab into which passengers are accepted for transportation within the City shall have the following equipment:
a. A taximeter, as defined in this chapter;
b. A radio transmitter and receiver capable to two (2) way communication with a dispatcher;
3. Prohibited Equipment. No automobile for hire or taxicab shall be equipped with scanners or other devices which can be used to intercept radio signals and dispatches sent to specific destinations.
4. Equipment Waiver Conditions. Notwithstanding the provisions of the Chapter, the City Council, following application, notice and public hearing, may waive any equipment requirement upon a showing of good cause by any applicant or permittee. Such waiver shall be specified on the permittee's permit and any applicable vehicle permit. P. Shall maintain a valid California Driver's License at all times.
Q. Shall perform a yearly inspection of all vehicles operating within the City as part of his or her automobile for hire or taxicab service. Such inspection shall be made by a certified automotive repair dealer. Each automobile for hire or taxicab permittee shall provide the City with written confirmation, signed by that repair dealer, that the vehicles have been inspected and are in good working order within ten (10) days of the inspection. Automobiles for hire or taxicabs which have been inspected pursuant to the requirements of the City or County of Los Angeles taxicab regulations may submit proof of such inspections in lieu of the inspection required herein.
The taxicab or auto for hire driver's permit of any taxicab or auto for hire driver found to have violated any provision of this Chapter, may be revoked as provided herein.
5.72.120 Taxicab Stands.
A. At its discretion, the City Council may permit the City Manager to locate, designate, and approve taxicab stands, which shall be available for the exclusive use of City-approved taxicabs.
B. Established taxicab stands shall be in operation twenty-four (24) hours of every day, unless otherwise provided by the City Manager.
C. No taxicab shall remain standing unless it is attended by a driver, except when necessary to assist passengers in loading or unloading.
5.72.130 Taximeters - Required.
A. Except as otherwise provided by law, each taxicab shall be equipped with a taximeter that has been inspected and certified by the county division of weights and measures. Each taximeter shall have affixed to it written or other evidence that such taximeter has been so inspected and is currently certified.
B. Except as otherwise provided by law, it is unlawful for any person operating a taxicab to operate such vehicle unless it has approved rates conspicuously posted for passenger observation, and unless it is equipped with a taximeter of such type and design as approved by a county division of weights and measures. It shall be the duty of every permittee hereunder using any taximeter to, at all times, keep such meter accurate. Such meters shall be subject to inspection from time to time by any police officer of the City or any authorized inspector delegated to this purpose. Upon the discovery of any inaccuracy of a taximeter, the permittee shall remove or cause to be removed any vehicle equipped with such taximeter from the streets of the City until such taximeter has been correctly adjusted and certified by the county division of weights and measures.
5.72.140 Revocation of permits. In the event the City Manager has reasonable cause to believe that grounds exist to revoke any permit issued hereunder as provided herein, a written notice of intent to revoke shall be served by first-class mail upon the permit holder. Unless timely appealed, the revocation shall be effective as of midnight on the date specified in the notice which shall not be less than twenty-one (21) calendar days thereafter.
The notice shall state the grounds for revocation and shall be served upon the permittee by delivering the same personally or by mailing by first class mail addressed to the permittee at his or her place of business or residence.. Any taxicab or auto for hire service operator or driver having a permit revoked shall not be eligible to apply for another permit for six (6) months after the effective date of such revocation.
The City Manager, at his or her discretion may, instead of revocation provide a permit holder with an opportunity to cure certain violations, or may place certain conditions on the permit as provided for in Section 5.72.080 of this Chapter.
5.72.150. Suspension. Any permit described under this Chapter may be immediately suspended if deemed necessary due to an immediate threat to the public health, safety or welfare, or a lack of insurance as required by this Chapter. Repeated failure to maintain insurance as required by this Chapter will result in revocation pursuant to Section 5.72.140.
Any suspension pursuant to this Section shall not exceed fifteen (15) days pending a hearing in a manner consistent with Section 5.72.160 of this Chapter.
5.72.160. Appeal procedures. Any taxicab or auto for hire service permit applicant denied a permit pursuant to this Part, or any permittee in receipt of a notice of intent to revoke, may appeal such denial or intent to revoke to the City Council by filing with the City Manager a written notice of appeal within ten (10) business days of the date of permit denial or of service of the notice of intent to revoke. The City Council may hear appeals directly or in its sole discretion may appoint a hearing officer to hear any appeal and make a recommendation to the City Council. Upon receipt of a timely, written request for appeal, the City Clerk shall set a hearing to occur within forty-five (45) days before the Council or its designated hearing officer and shall provide written notice of same by first class mail to the appellant. The City Council shall sustain or overrule with conditions, the denial or intended revocation upon written findings within thirty (30) days of the conclusion of the hearing.
5.72.170. Exemptions. This Chapter shall not apply to any public transportation service being performed pursuant to a contract with the City or with any other public entity in this state.
Section 3. Time for compliance. Each automobile for hire or taxicab service and respective drivers performing service within the City on the effective date of this Ordinance shall have sixty (60) days therefrom to obtain any and all permits required hereunder.
Section 4. Penalty for violation. It shall be unlawful for any person, firm partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance. Any person, firm, partnership, or corporation violating any provision of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Ordinance is committed, continued or permitted by such person, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in this Ordinance.
Section 5. Remedies available. A violation of any of the provisions of this Ordinance shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for abatement of such nuisance.
Section 6. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of Hermosa Beach hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections sentences, clauses, phrases, or other portions might subsequently be declared invalid or unconstitutional.
Section 7. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be posted in the manner prescribed by law.
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