HomeMy WebLinkAboutOrd 0417ORDINANCE NO. il'/ %
AN ORDINANCE AMEEDING THE ORDINANCE CODE OF THE CITY
OF BURLINGAME BY REPEALING ARTICLE 28 THEREOF AND
ADOPTING A NEW ARTICLE 28 REGULATING THE USE AND
OPERATION OF TAXICABS UPON THE PUBLIC STREETS OF THE
CITY OF BURLIIIGAME: PROVIDITdG FOR DRIVERS PERMITS AND
AUTHORIZING THE CITY COUNCIL TO HOLD PUBLIC HEARINGS
AND TO GRANT OR DENY APPLICATIONS FOR 07NER'S PERMITS
TO OPERATE TAXICABS: REGULATING THE RATES OF FARES TO
BE CHARGED FOR THE USE OF TAXICABS: PROVIDING A
PENALTY FOR VIOLATING ANY OF THE PROVISIONS OF THIS
ORDINANCE: REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT BEREWITH.
The City Council of the City of Burlingame does
ordain as follows:
Sbetion 1. Article 28 0£ the Ordinance Code of the City of.
Burlingame is hereby repealed and a new Article 28 is hereby
adopted, which said Article shall read as follows:
ARTICLE 28
REGULATING TAXICABS
SECTION 1437 - DEFINITIONS
TAXICAB - A taxicab is hereby defined to be a motor -propelled
passenger carrying vehicle of a distinctive color or colors and
which is of such public appearance as is customary for taxicabs
in common usage in this country, and which is operated at rates
per mile or upon a waiting time basis or both, and which is
equipped with a taximeter, and which motor -propelled vehicle is
used for the transportation of passengers for hire over and
along the public streets, not over a defined route, but as to
route and destination, in accordance with, and under the
direction of the person hiring such vehicle.
TAXIMETER - A Taximeter is hereby defined to be a mechanical
evice--aTtached to a vehicle for hire, by means of which device,
the authorized charge for hire of such vehicle is mechanically
calculated on the basis of distance traveled, or for waiting
time, or a combination of both, which charges shall be indicated
upon such mechanical device, by means of figures in dollars and
cents.
CITY - The term City as used herein is defined to be the City of
urlingame.
STAND - Stand is herein defined to be a place designated for the
use, while awaiting employment, of the particular motor -propelled
passenger -carrying vehicles authorized to utilize the same.
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Article 28, Section 1437, Definitions, (continued)
DRIVER Driver is herein defined to be every person in charge
of, or operating, any passenger carrying motor -propelled vehicle
as herein defined, either as owner or employee or under the
direction of owners or employees.
OYINER - Owner is herein defined to be every person who in any
manner has the proprietary use, ownership or cnntrol of any
passenger -carrying motor -propelled vehicle.
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SECTION 1438 - CERTIFICATE OF PUBLIC
0OAND NECESSITY REQUIRED.
{a) It shall be unlawful for any person to engage in the business;
of operating any taxicab in the City of Burlingame without
first having obtained from the City Council a Certificate of
Public Convenience and Necessity. All persons applying for
such certificate shall file with the Council a verified
application which shall set forth:
(1) Name and address of person making application.
(2) If, at the time of making application, such person is
actually operating a taxi service in the City of
Burlingame, the number of taxicabs owned and operated
therein by the applicant.
(3) The number of vehicles for which a Certificate of
Public Convenience and Necessity is desired.
t4) The make, type, year of manufacture and passenger seat-
ing capacity of each taxicab for which application for
i
a certificate is made.
(5) The make and type of taximeter intended to be installed
in each taxicab for which application for a certificate
is made.
(6) A description of the proposed color scheme, insignia,
or any other distinguishing characteristics of the
taxicab.
(7) Such other information as the City Council may require.
(b) Upon filing of the fully completed application for the
Certificate of Public Necessity and Convenience, the City
Clerk shall fix the time for a public hearing thereon before
the City Council for the purpose of determining whether the
public convenience and necessity require the proposed taxicab
i
service. No certificate shall be granted until the Council
shall, after the hearing, declare by resolution that the
public convenience and necessity require the proposed taxicab
service.
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3ection 1438, continued
c) Notice of the time and place of the public hearing before the
City Council shall be published twice in a newspaper of
general circulation in the City; the second publication to be
not more than five (5) days before the hearing; and the cost
of the publication to be at the expense of the applicant.
d) In determining whether public convenience and necessity
require the taxicab service for which the application is
made, the City Council shall investigate and consider:
(1) The demand of the public for additional taxicab service.
(2) The adequacy of the existing taxicab service.
(3) The financial responsibility and experience of the
applicant.
(4) The number, make and type of the equipment and. the
color scheme to be used.
(5) The effect which additional taxicab service may have on
traffic congestion and parking and whether it will
result in a greater hazard to the public.
e) If the City Council shall,'by liesolution, declare th9t public
convenience and necessity require the additional taxicab
service, a certificate to that effect shall be issued to the
persons entitled thereto; provided the City Council may in
its discretion determine the character and number of permits
to be granted not exceeding ten; provided further that no
certificate authorized hereunder shall be issued to any
person who shall not have fully complied with all the
necessary requirements of this Ordinance.
f) The provisions of this section shall not affect the number of
taxicabs operating with valid permits on the effective date
hereof.
4
Section 14380 continued
(g) Every owner operating a taxicab under permission of the City
Council prior to the effective date of this Ordinance shall
be presumed to have established prima facie evidence of publi
convenience and necessity for the licensing of his taxicabs
actually in operation, and the City Council, upon written
application received by it not later than 15 days after the
effective date of this Ordinance, shall grant a certificate
to such owner for such taxicabs.
(h) If the service permitted hereunder is for any reason dis-
continued for a period of 45 days, the certificate granted
shall be automatically cancelled and shall be restored only
in accordance with the provisions of this section.
'i) If an owner sells or transfers title to a taxicab for which a
certificate has been issued, or in the event a taxicab for
which a certificate has been issued, has been destroyed, he isj
entitled, as a matter of right, upon written application to
the Council made within 15 days after such sale, transfer or
destruction, to have a new certificate issued, but for no
greater number than sold, transferred or destroyed, and
provided such owner has complied with all the provisions off
this Ordinance.
i
j) The City Council may at any time revoke or suspend the
certificate granted:
(1) If the owner's record is unsatisfactory.
(2) If the owner fails to operate taxicabs in accordance with
the provisions of this. Ordinance.
(3) If the or,ner discontinues or suspends operation of
taxicabs for a period of 45 days without permission
first had and obtained.
(4) If taxicabs are operated at a rate of fare other than
that approved by the City Council.
5 --
Section 1438, continued
(k) All certificates which shall have been suspended or revoked
by the City Council, shall -be surrendered to the City Clerk,
and the operation of all taxicabs covered by such certifi-
cates shall cease and be unlawful. Any owner who shall
retire and not replace any taxicab for a period of 45 days,
shall immediately surrender to the City Clerk the certificate
granted for such taxicab.
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SECTIO; 1439 — PATES OF FARE
(a) It shall be unlawful for any owner or driver to operate any
taxicab in the City of Burlingame unless and until such
vehicle is equipped with a taximeter of such type, otyle and
design as may be approved by the Chief of 'Police, and it shall
i
be the duty of every owner operating a taxicab to maintain
such taximeter in perfect condition so that it will at all
times correctly and accurately indicate the correct charge
for the distance traveled and westing time; and such taximeter
shall be at all times subject to inspection of the Chief of
Police; and he is hereby authorized at his instance or upon
complaint of any person to investigate or cause the taximeter j
to be investigated, and upon discovery of any inaccuracy in
said taximeter, to remove or cause the same to be removed,
and not be used until it shall have been correctly adjusted.
(b) Taxicabs not equipped with meters operating in the City of
Burlingame at the effective date of this Ordinance shall be
equipped as soon as delivery can be obtained. tinder no
condition shall the date of installation of said meters be
more than 180 days from the effective date of this Ordinance.
(c) Every taximeter shall be equipped so as to register the owt
of transportation of passengers in the City and tYn taximeter
shall be so placed in the taxicab that the reading dial showing
the amount to be charged may be readily seen by the passengers
in the taxicab. It shall be unlawful for any owner, d rive,
or operator of a taxicab in the City to charge any sum in
excess of the amount shown on said dial for conveyance in
said taxicab.
— 7 —
Section 1439, continued
I(d) It shall be unlawful for a taxicab driver while carrying
passengers to display the flag or the device attachedto
the taximeter in such position as to denote that the
vehicle is for hire or to cause the taximeter to record
when the vehicle is not actually employed or to fail to
cause the device on the taximeter to be placed into a
I,
non -recording position at the termination of each and
p every service.
l(e) It shall be unlawful for the owner or driver of any taxicab
i
Oil
in the City to fix, charge or collect for service a rateln.� it
less than the following:
(1) F'or the first mile and one-third of a mile - 50 cents.
(2) For each additional one-third of a mile - 10 cents.
!I
(3) 6'hen carrying passengers whose point of destination
is different, the meter shall be turned back to the
"for hire" position each time a passenger is dis-
charged and a fare collected.
li
(4) For each niece of luggage in excess of two average
size traveling bags, or their equivalent in size,
10 cents each.
(5) or waiting, ten cents for each two minutes of
waiting time.
(a)
P
SECTION 1440 - LUJJI TBJTI ,II CE
All public passenger vehicles for hire shall be under tIB
supervision and control of the Chief of -Police, and he shall
not permit any driver to operate any taxicab in the City,
while same or any equipment used thereon, or therewith,
shall be unsafe, defective or unsanitary condition, and
every taxicab shall be at all times subject to the
inspection of any police officer of the City.
The Chief of Police is hereby authorized and directed to
revoke and cancel, without rorevious notice, any roermit
granted hereunder, whenever an owner or driver violates
any of the provis;_ons of this Ordinance. The owner of th e
permit thus revoked may, within 10 days thereafter, appeal
from suc)s order of revocation to the City Council, who shall,
after due notice to the owner, hear and determine the matter
and their decision therein, shall thereupon become final.
Any person whose permit is thus revoked shall not be eligible
to apply for another for a period of one year from the date
of such revocation.
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SECTIO1r 1441 - OPEI;_ITI <G=;p,GULiTIOXS
(a) Any driver employed to transport passengers to a definite
point shall take the most direct route that will take the
passengers to their destination safely and expeditiously.
(b) If reouested, every driver shall give a receipt upon
payment of the correct fare. In case of a dispute the
matter shall be determined by the officer in charge at the
Police Station. failure to comply with such determination
shall subject the offending party to a charge of misdemeanor.
(c) It shall be unlawful for any person, except where credit
is extended, to refuse to pay the lawful fare, as fixed
herein, for the use of any taxicab, after hiring the same.
(d) It shall be unlawful for any driver, operating under a
permit issued pursuant to the terms of this Ordinance, to
refuse, when the vehicle is in service and not otherwise
engaged, to transport any person who presents himself for
carriage in a sober and orderly manner and for a lawful
purpose.
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SECTION 1442 - TAXICAB DRIVERS - PERMITS
(a) It shall be unlawful for any person to operate or drive a
taxicab in the City of Burlingame without having first
obtained written permission to do so from the Chief of
Police. To secure such permission, a written application
must be filed with the Chief of Police and accompanied by a
deposit of -Five Dollars 05.00) to cover the cost of a
badge to be issued and conspicuously worn by the permittee
during all working hours. Such badge shall not be transferab,-e.
(b) The Chief of Police shall not issue a permit and must revoke
a permit theretofore granted:
(1) If the applicant is under 21 years o age; or
(2) If the applicant is not a citizen of the United States; or
(3) If the applicant has not resided in the City of Burlingame
for 30 days immediately prior to filing his application; or
(4) If the applicant does not possess a valid chauffeur°s
license issued by the State of California; or
(5) I£ the applicant is a reckless driver or has been
convicted of reckless driving or driving while under
the influence of intoxicating liquors or narcotics; cr
(6) If the applicant is guilty or has been convicted of a
felony or crime involving moral turpitude; or
(7) If the applicant is not a fit and proper person to
drive a taxicab; ar
(6) If the applicant violates any provisions of this
Ordinance.
(c) 'Upon satisfying the foregoing requirements, the applicant
shall be finger -printed, and his record filed in the offiice
of the Police Department, and thereupon a permit shall be
issued which permit shall be fixed in a conspicuous place
in the taxicab so as to be seed from the pa ssenger's
compartment, and which said permit shall set forth the
name, address, and telephone number of the owner of
the taxicab.
- 11
Section 1442, continued
(d) If a driver changes his employment to a different owner,
he shall, within 24 hours thereafter, notify the Chief
of Police for the purpose of having his driver's
certificate changed so as to properly designate the name
of the new employer.
(e) 'd;hen issued, the driver's permit shall be valid for one
year from the date of issuance, unless the same has been
revoked for any of the causes herein set forth. The
driver, in making application for a renewal of his W rmit,
shall follow the same procedure as set forth in making
his original application, except he shall not be required
to pay the badge deposit, be finger printed or furnish
photographs. He shall pay'the fee of One Dollar (.1.00)
for the issuance of the renewal permit.
_12-
SECTIOD! 1443 — PUBLIC LIABILITY
(a) It shall be unlawful for any owner or operator to drive or
operate a taxicab or cause the same to be driven or operated
in the City of Burlingame, and no license for the operation
thereof shall be granted unless and until there is on file
with the City Clerk, and in full force and effect at all
times while such taxicab is being operated, a policy of
insurance approved by the City Attorney, with a solvent and
responsible company authorized to do business in the ,State
of California, insuring the owner of such taxicab (giving
the manufacture number and state license number) against
loss by reason of injury or damage that may result to
persons or property from the negligent operation or
defective construction of such taxicab, or for any other
cause. Said policy may be limited to X5,000.00 for the
injury or death of one person and $10,000.00 for the injury
of two or more persons in the same accident and x1,000.00
for injury or destruction of property.
(b) Said policy of insurance shall guarantee the payment to
any and all persons suffering injury or damage to person
or property, of any final judgment rendered against such
owner or driver, within the limits above mentioned,
irrespective of the financial condition or any acts or
omissions of such owner or driver, and shall inure to the
benefit of such persons.
(c) If, at any time, such policy of insurance is cancelled by
the company issuing the same, or the authority of the
company to do business in the State of Californis shall be
revoked, the City Clerk shall require the owner to replace
such policy with another policy satisfactory to the City
Attorney and in default thereof the owner°s license to
operate shall be revoked.
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SECTION 1444 - STAND FOR TAXICABS
(a) The Chief of Police shall designate, in writing, stands upon
public streets to be occupied by taxicabs, after the permit
has been issued as in this Ordinance provided.
(b) Before any designation of stands is made, the written consent
must be obtained of the tenant of the ground floor fronting
the space where such stand is to be located. In the event
the ground floor is not occupied, the written consent of t1B
owner must be first obtained.
(c) The stand permit shall specify the name and address of the
permittee and the number of vehicles authorized thereunder,
and it shall be unlawful for the owner or operator of any
vehicle for hire, other than the permittee, to use the stand
designated under such permit, and when such stand is occupied,
no other vehicle shall loiter or wait nearby.
(d) Any stand designated by the Chief of Police, asherein
provided, may be revoked by him and it shall be unlawful i3r
any taxicab to occupy the stand after such revocation.
(e) It shall be unlawful for a taxicab, while awaiting employment,
to stand on any street or place other than upon a designated
stand, nor shall any operator of a taxicab, while awaiting
employment,drive so as to interfere with Vehicular traffic.
Section 2 - All Ordinances or parts -of Ordinances or any provisio
of the Ordinance Code of the City of Burlingame inconsistant with
the provisions of this Ordinance are hereby repealed.
Section 3 - This Ordinance shall be published once in the
Burlingame Advance -Star and be effective thirty days (30) days
after its adoption.
&AAZ-&
eter Dahl
Mayor
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I. Herbert K. White, City Clerk of the Uity of
Burlingame, do hereby certify that the foregoing Ordinance
was introduced at a regular meeting of the City Council of
the City of Burlingame held on December 3, 1945 and was there-
after adopted at a regular meeting of the said Uouncil held on
December 17, 1945, by the following vote:
AYES: COUNCIT IMN Dahl -Harris -Hunt -Roth -', hit sell
NOEN: COUNCIIXI,d�j.Iq None
ABE= COUNCILL-TEN None
Herbert K. Uhite
City Clerk