HomeMy WebLinkAboutOrdinances - No. 268NO 0 268
AN ORDINANCE OF TI33 CFIY OF LODI REGUT-
ING TIE OPERATIO?T OF ArJTOP7OJ3ILES FOR BIRE
AND TAXICP-BS WITHI?? THE CITY OF LODS.
The Council of the City of Lodf does ordain 8s follows:
Section 1, FOF the pwposes of thZs ordinance, the follow-
ing terms shall'have the meanings respeet%veIg set fopth $n this
section:
The tern "AUTOTdOIXLE FOF, T!IFE" 83 used in thls ordinance,
shall include every atlf;omh%le OF r?cr",o.21 propel2ed vehicle by means of which passengers. me transpo~ked ~'JL> 33 xae upon gtny pub'lfc street in the City of Lodi, and not ovm s, iac.~x?~r 03ta deflned mute and
irrespectfve of whether the ope~aZ;So~m Gzksnd beymd the boundary limits of said city or not, exce~tlng r;a"i;2cIes embraced w€"chin the term "taxicab" $nd excepting ueMeles CSI' tmnspsrtation companies
as herein defined,
The tern "TAXICABW ad here2n used In this ordinance
shall include svev atutomobfla OP motos, pz9spelled behicle by means of whlch passengers &LFB t~anspor%ed,for hire upon my publlc street in the City af Lodi, and not o~er $. ragnlm OP defined routs and irrespective of whether the ope.naalbol.ns exte.rrs3 beyond the boundmy limits.of said cfty OP not whey@ charza .?or, such transportatfon
is measured by the distmce t~avalled, t:r by- %he time required for
. such transportation, OP both, e9r_.teythg vehSeEes of tmnsportatlon
companies as herefn defined,
The term 'TRANSPORTATIOX CQI'JPP4NIES" as used' in this
ordinance ahall be sgnonymmsus with 'the plwase "Tslsmparting companyn as defined in that certafn act of the le,$sSntwo of the State of Californ~a, approGed May 10, 1917, ppoviding fop the aupem€aion and regulation of the trakspoetation of' persons and property for
compensation over public highways by automoblles, jitney busses,
auto tmcks, stages and auto atagss, mid ali mend~netn~ts to said act,
It shall be unlawful to operate,or cause to be
operated, an automobile for hire, OF a tebxleeab upon any public street within the City of Lodi, wlehout first having obtained a pemlt so
to do in accordance wfth the provisions hereof, and wiLnout complying or having complied 11th all the p~ovlslons of this ordimnce,
Any pe~ssn deslring to obtain the permit required
by Section 2 of thfs ordfnmce, shall pay a fee of $lO,OO to the City Clepk, and shall make appltcation fop said pemlt to the City Council, which said application shalZ set fopth:
(a) The nme and address of the applicant, and if the
saw be a corporation, the R-S of Its principal officers, or if
the same be a partnership, assoclatfsn, 61- f tctfttous camp,lsn3, the names of the paz-tners or persons csrnpr1af.n~ Yns association or
company, with the acldress of eache
Section 2,
Section 3@
(b) A statement as to ah"t:e~~ the pemlt fs desfsled.
(c) A description of every mtor vehicle which the
for an automobile for hire, OF a taxicab,
a?plicant proposes to use, .@vine:
(1) Trade Name
( 1 State License hnber ({.I Seating Capactty
(2) No~o~ md S~~lal EIEQ~@P
(5; Zody Style
(d) The street nvx,ew ancl oxact leeat%cn of the place or places where the app3feant pr.spsi.;-s -ko s%mZ each such autornobils,
for carrying passengem in such automobile,
insipnla which shall be used on such tm%smblPeB
taxi stand is in a public street of asid cityt application to main- taln the same shall be In mfthg, ffEed mfth the City Clerk of' said
city, who shall set the stme .to be heard at ep %eeklnc of the City Council and who ;shall give notice of al-zch hewing by causing notfce
thereof to be publfahed in %'ne newspaper deslgnoted for the publi- cation of official publications of said k:2tg, at least ten days
before $he date of said heariinE, be accompanied 5y fee of $5'aO0 to be pald t~ the Qity by the applf-
cant. At ,the sald.hearinq, the City Coumil shall pxblidly hear all persons desiring to consent or o5jeck to such application, and shall grant or deny such applfcatlsn Sn tke discretion of the said
(e) P~opoSed ~ChsdU?@ bf K%L%C?S 3g PaFeS i5O be Charged
(f) me diatinQtIve COLW oelime, name, monapam, or
(g) As mended by Osrpdfnmce No, 360: If any proposed
Suc3 v~ltten applfcsttfon shall .
city Council,
The holder of any permit to pnaantaln any such taxi
stand shall pay to the City such re~taal therefor 8s the City Council. may from the to time fix by resolu"ton or oTdinencee
Section be Upon the receipt of my application referred to in Section 3 hereof, the City Clerk al.rall set a time, not less than ten (10) nor more than thikty (30) day8 thereafter, for the hearing of the said application before the Cit
~€ve notice of the time so set, at least flve s 5) days before the date of said hearing, to the epplicmt;, and to any other permit-
holder hereunder at the address set out in such application (mil by publication if directed by the Councfl).
the Council may examine the applicant and all persons hterested in the matter set forth in said application, and shall determine whether or not the public interest, convenience and necessity require the issuance of the permit applled for, and if €t be found by the Council that the public interPest, convenience and necessity
require the issuance of the permit applied for, Pt shall by resolu- tion order the City Clerk to Issue a permit in accordance wlth said
application, subject to the filing and app~oval of an undertaking as hereinafter in Section 5 provided,
Coiincil, and shall
At the %€ye set for the hemine of such application,
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The folfow5ng re~sons ahall be sufficient for denial of said permit:
and does not contain the inf'oraation reqximd ta Be contained therein
by this ordinance.
am inadequate or unsafe forthe purposes fop which they 81-8 to be
used,
(a) That the application is not in the form
(b) That the vehicle OF vehicles aescrfbed therefn
(d) That the location sf the stmd, a3 therein
stated, is such as to congest or 1ntezTef-e with travel on any public street, or that the proposed rstaiid Is w1thI.n 300 feet of any
other stand theretgfore fixed by the Council of the City of Lodi on the samq'street?
(e) That the appltcennt has, at some pmSior ti=,
had a permit fop the operation of automohIle for here, o$ taxlcab revoked for retisono
(ff That it shall appear to tho Councfl that there are a sufficient number of taxicabs gnd automobiles for hire in the
City of frodi, to ftilly serve the public, and that the gmnting of more permits would unduly eonpsb the t-ssaFffc and interfere with the free use of the public streets by the praS1Zc, and that the public
interest, convenience and' necessity, do not require the issuance
6f' such a permft.
Clerk, the applicant to whonl a pemft shall have been awarded by the Councal as aforesaid, shall delfver to the Council, a policy of insurance, executed by a company duly authorized under the laws of thq State of California to do an insurance busfness by the pro-
visions of which policy the. said company proinlses and undertakes to pay in full all claims for damages to psfiona or property resulting from the operation of the automobile 01- wtambiles referred to in said application, provided, that the maximum mount for which litad-
bility shall be wjsumed for irmjmy to or death of one person in
any one accident shall be $lO,OOO,OO, and fox- Injury to or death of more than one person in any one accident shall be $20,000,00, and
the maximum amount for which liability shn'hl be assumed for Injury
to or destruction of property In my one accident shall be $f;,OOO,OO,
The followfng rules and mplations shall be .
observed by a11 person6 opemting taxicabs ox automobile for hire, and it shall be unlawful to operate such taxicab or automobile for hire In violation of any of the followh~ rules:
Sectgion 5,0 Before a pemit shall be issued by the City
Section 6,
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.. ,
,: . ,
.. . < ,. .. 1, ; *.
(a) Any person operating a tax~cab shall wea~ a
distinctive hat OF cap with 8 bad?@ in pl-a;n slch't. lnscpihsd with
the name of the person to n9hon the pcnnlt
section shall not apply to an lndiv%dual ts whom a pemft has been
lssued when drivine his own capo
(b) All taxicabs and autsmbilsa for hire shall,
been issued. This
Wh%k€3 CSFwhR pa8sengerss CTY??~ tO 8 PII?L St<>? wS.t;hiD thirty (30)
feet of the nearest rail bekom CYoRslng e.-ny -l.aSfsoad track where no gates are maintained,
(c) That no autombi1e for 'ni~e OF tm%c& shall remain
ad;sln_dinl: upon any poYtion of .%riS' pabzlic atsset wim'in 9af.d erty except for loading and unloading pmseag91ps, 2nd then not fop a
period of mope than five ~112rctte~1, excapt.%~~ such stand as may be
deslgnated by the Councll ern8 &acrEbed Pn the application fop
perrmit, This section shall. not app17 %a any ~utsmobfle for him or taxicab while the stme Is engaged by and befng pald %om, by EF passenger
hire or taxicab shall as1icf.h; OF @aka oa OF cax~y any passenger or
passengers after such autsmobSLe for, hi~s 0x7 taxicab shall have been engaged or while in use for another pss3enge~, without the
consent of the passenger first slzg:agTcg the $me, having bean first
obtained, A passengep OP passengers enrzglng such eautomohiPe shall
have the eXcluafve rfght to full and $mi? use op the passenger com- partment and the whole thereof If he desires the sameo
encaging the same sa€sly acnd expedftlou%%y So Plfs destfnetion by the most direct and accessible route,
(d) That no qperatoer or- omm of any autsmobf'le for
(el me operator of my taxi::at~ shall cmq my passenger
(f) No owner or Operator of any autermrot?ile for hire
> or taxicab shall solicit patronage for the sane from the vehicle
or within 100 yards therefrom, upon any public street, save and except at railroad rand interurban depots and within %he boundaries
of the spaae to be deslgnated by the Chief of' Police for such
purpose
(g) All automobiles for him and taxicabs shall be
kept in good meahanical conditfon,
(h) No taxicab OP automobile Tor hire shall be operated
by any person under the age of 21 yews, OF by an$ person who does not have a chauffeur's lh3nS8 issued by the State of Calffarnh, or by any person under the influence of Intoxieating liquors, or by any person while using tobacco in any form, OF who is for any reason
whatever unable or incompetent to safslg handle such glutomsbile,, or by any person in violation of any law or ordfnance'now In force or that my be hereafter enacted,
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(1) No ownel" or operatoy of any automobile for hire
or taxicab shall indulp in unfafno coripstit%on with competitors
or shall commit any fraud upon the publite 81) othei. persons enraged
in the same business, and the Council shall be the sole judfe of
what conslStutes fraud or unfair corapekibfon under the provisions
of this section,
section shall only be heard upon Vrpittsa complaint specifying the
act conplained of and sworn to be the csxplainstnt before a notary public or other officer ~utkorSzsd ta a2;;linistsr oaths
Any complaints to the Council of violationof thZs
(j) Every trsxicah sktall km-e posted in the passenger's compartment, a schedule of rates ~Y?.?L? c%r.ni=g;cua for the hire of said vehicle, and 8 copy of Seetion 6 ai' %hfa erdinanceb
equipped with a IfC';ht of not less :hai_.i 2 czri~lspower within such vehicle, so ayrmpd as to illmfna",e $he t-hole of tho passenger
compartment, which Ifght shall be comt~.nE~ 112ghted at dl times
hour before aunrise of the next dayo ay,d 30 shades or blintk shall be,drawn Over the windows of an automo>il.e fSF him or taicab while any passdnger Is in sxch vehicle,
(1.1 Wo chasge shal~. be made by a~y operator or owner or taxicab o?? automobile for hire in excess of the rat6a po&d in
the passenger eompwtment of' sald em and txpprowd by the Council,
(k) Eveq autonobfle fop hire and tmfeab shall be
paesengea, is in such ve'rliclc~ ';~::.s?t; when the same 1s in one half-how after sunset GI? a~y day until one-half
(~11) No automobile for hire OPD taxicab shall be operated
unless the passenger ,compa~t~ent be kept clean and in sanftary conditiono
"Taxi" oy "taxfcab", or by any word or phsgase using the wolpds
or
(n) No automobile for hire ahaIl be designated 8gWa
taxi' tt taxicab" in any sign or advertising matter,
Section 70 Any permit &anted itnder the provisions of this ordinance may be revoked by the CounefL ei~er as 8 whole or as to
any cer or cqs described tkerelln, OF as to the yoight to use any distinctive color, monogram or hsignzia, after thirty (30) days' notice to the permit-holder, requiring him to appegir at 8 ceptaln time and place to show cause why said permit should not be revoked for any of the following reasons:
of this ordinance has not beer! cfven or bas been withdrawn or lapsed for non-payment of premium, OF is not Lm force for any
reason.,
by ordinance of the City of Lodi,
(a) That the undertakiny provided for in Section 5
(bf For the non-payrier& forp any license fee provided
(c) For failure to observe an7 of the rules and regu-
lations or provisions set out -in this ardbance.
(a) For the violation of any bf the Paws of the State of California or ordinances of the city of' Lodi, by the pemlt-holder, operator or driver of' an automobile for hfre or taxicabo
the public by means of' an or for failure to keep an#escrihed in the permit in use for a
coloro monogram OP inslpnia
makes it contrary to the public Interest, convenience and necesslty
for the permit to be continued,
In the event that any pepnit-holder desires to, change his schedule of rates and charges OP $118 eolor scheme, nme,
monogram or insignia used 011 such automobile fop hire or taxicab,
or to substitute any vehicle for and in place of the vehicle or vehfgles described in the application for pornit, or to incroase or decrease the num3er of vW.5Class used by him as automobile for hfre or taxicab, he shall make appliention fop9 permission to do so
%o. the Counci'l, which pemission shall be e: ranted,. if' in the dis- cretlbn of the Council, it deem the public Interest, necessity and convenience will be subserved by such chscnge, and if the pemft- holder has complied wltb all proalsions of this ordinance.
It shall be unlawful for anyperson to refuse to pay the legal fare fop the hire of' any autmsbl'le for hire or taxi- cab, after having hired the aarne, with the intent to defraud the person from whom it is hired,
cabs in the City of Lodi shall be automa8tcal~y revoked 60 days after the ordinance talrss effect, but.my pewon owntnp, such permit
aha13 be entitled to a new permit under %he tams of this ordinance,
providing application ia,mads therefor under the terns aS this ordinancre within 30 days after the sam takes effect, 'and provi$ing said applicant complies wiltIi the terns thereof; and no fee shall be required to be paid with such application made by the present owner of a permit,
No person shall be entitled to hold more than
one' pemft aL a time, either 8s individual, member of co-partnership, stockholder or officer of a corporation, OT under fictitious name,
or otherwise,
ahall be transferable either by aontract op. opepation of law without;
the permission of the council havtng been ffrst obtained, and my
such attemnted transfer shall be sufficient cause fop revocation thereof
(el For failure to maintaln satlsf'actory service to
f the vehicles &scribed in the permlt
reasonable length of tlme, or for failure to use the distinctive
(f) For any cause which in the: opinion of the Coirncfl
described! in the application,
Section 8,
Sectiqn 90
Sectfon 10, All'permits for auto~obfles for hire or taxi-
Section 11.
No perm3.t issued under the %ems of this ordinance
Section 12, All ordinances or parts of ordinances Incon- lsistent or in confllct herewith shall be, and the sme ape hereby repealed,
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Section 130 Should any phrase, clause, section or portion of this ordinance be decLared unconstitutional, the same shall not affect the remainder of this ordinance, and the Counczl hereby declares that it would have passed the naemaindsr of this ordinance
h~8spective of whether or not the part so declared to be unconsti- tutional was contained therein or not.
Section 14. Any person firm or corporatfon vlo3.ating any provision of this ordinanae shah. be guilty of misdemeanor, and upon the conviction thereof shall be punishable by a fine of not more than c3OO,OO or by imprfaoment for 8 period of not more than
90 days or both such fine and impPisoment, and upon conviction the permit issued to any such pemon, fiim or corporation shall be revokedo
' Section The City Clark shall cematify to the adoption
LODI of this ordinance and cause the same to be pu%lfehed in
TIF:TES, (L daily newspaper of general cEreuTation, printed, published and circulated in said cZty.
Approved this 19th day of June, 19b0,
Go Id. STEBLE
Mayor of the City of'