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Home My WebLink AboutTC Ord 2005-02-16 ORDINANCE NO. 487 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING THE EXISTING CHAPTER 11 OF TITLE III OF THE TOWN CODE AND ADDING A NEW CHAPTER 11 OF TITLE III REGULATING TAXICAB OPERATION Recitals 1. California Government Code Section 53075.5 requires that every city or county shall protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to taxicab transportation services; and 2. California Government Code Section 53075.5 requires that the regulations established in regard to taxicab transportation services include at a minimum: (i) a policy for entry into the business of providing taxicab transportation services; (ii) the establishment or registration of rates; and (iii) a mandatory controlled substance and alcohol testing certification program; and 3. Chapter 11 of the Tiburon Municipal Code (the "Code") regulates the operation of taxicabs in the Town of Tiburon; and 4. The Town is a member of the Marin Streetlight Acquisition Joint Powers Authority (the "JP A"); and 5. The JP A has adopted the Marin Streetlight Acquisition Joint Powers Authority Taxicab Regulation Program (the "Program") in order to provide for the uniform regulation of taxicabs throughout the unincorporated areas of the County of Marin and all of the cities and towns participating in the JPA in accordance with all of the requirements of state law; and 6. The Town Council desires to repeal Chapter 11 of the Code in its entirety and adopt a new Chapter 11, to require that all taxicabs operated in the Town are in compliance with the Program adopted by and operated by the JPA. NOW THEREFORE, THE COUNCIL OF THE TOWN OF TIBURON HEREBY ORDAINS AS FOLLOWS: SECTION 1. Chapter 11 of Title III of the Tiburon Municipal Code is hereby repealed in its entirety, provided however, that this repeal shall not effect or prevent the prosecution or punishment of any person for any act done or omitted in violation of said chapter prior to the effective date of this ordinance. Town ofTiburon Ordinance No. 487 N.S. 1 Adopted on 2/16/05; Effective 3/18/05 SECTION 2. A new Chapter 11 of Title III is hereby added to the Tiburon Municipal Code to read as follows: "Chapter 11, Taxicabs" Section 11-1 Definitions. For the purpose of this chapter, the words and phrases defined in this section shall be construed in accordance with the following defmitions. "T own" means the Town of Tiburon. "Company" means any entity operating a Taxicab business, including without limitation, a natural person, frrm, association, organization, partnership, business, trust, corporation, or public entity. "Company Permit" means a valid permit issued by the JP A authorizing a Company to operate a Taxicab business. "Driver" means a person who drives or controls the movements of a Taxicab. "Driver's Permit" means a valid permit issued by the JP A authorizing a person to drive or control the movements of a Taxicab. "JP A" meansthe Marin Streetlight Acquisition Joint Powers Authority or successor entity. "Operate a Taxicab" means to drive a Taxicab and either solicit or pick up passengers for hire in the Town. "Program" means the Marin Street Light Acquisition Joint Powers Authority Taxicab Regulation Program adopted and administered by the JP A. "Taxicab" means a motor vehicle regularly engaged in the business of carrying passengers for hire, designed for carrying not more than eight persons, excluding the driver. "Vehicle Permit" means a valid permit issued by the JP A authorizing a particular vehicle to be operated as a Taxicab. Town ofTiburon Ordinance No. 487 N.S. 2 Adopted on 2/16/05; Effective 3/18/05 Section 11-2 Compliance with Program. No Driver or Company shall operate or cause the operation ofa Taxicab in the Town unless such operation complies with the terms and requirements of the Program, which shall be adopted by separate resolution of the Town. Section 11-3 Driver's Permit Required. A person shall only operate a Taxicab in the Town if that person possesses a Driver's Permit. A Company shall only allow a Driver to operate a Taxicab if that Driver possesses a Driver's Permit. Section 11-4 Taxicab Vehicle Permit Required. A Driver shall only operate a Taxicab in the Town if that vehicle displays a Vehicle Permit. A Company shall only allow a Taxicab to be operated in the Town on its behalf if that vehicle displays a Vehicle Permit. Section 11-5 Company Permit Required. A Company shall only operate a Taxicab business in the Town if that Company possesses a Company Permit. Section 11-6 Application for Permits. Application for a Driver's Permit, Vehicle Permit and/or Company Permit shall be made to the JP A, upon a form provided by the JP A and shall be accompanied by an application fee sufficient to cover the administrative costs of processing such application as established by the JP A. The fee schedule established by the JP A shall be adopted by separate resolution of the Town Council. Section 11-7 Testing for Controlled Substances and Alcohol. A Driver shall test negative for controlled substances and alcohol as required by the Program and any and all applicable state statutes. Section 11-8 Insurance Required. A Driver operating a Taxicab in the Town shall carry with him/her at all times proof of insurance covering that vehicle, with such policy limits and coverage as established by the JP A. Said proof of insurance must clearly identify the vehicle covered. Section 11-9 Equipment. A Taxicab operated under the authority of this chapter shall be equipped according to the standards established by the JP A. Section 11-10 Mechanical Condition. A Taxicab operated under the authority of this chapter shall be maintained according to the standards established by the JP A. Town ofTibuTOn Ordinance No. 487 N.S. 3 Adopted on 2/16/05; Effective 3/18/05 Section 11-11 Operational Requirements. A. A Driver shall only carry a passenger to his/her destination by the most direct and accessible route. B. A Taxicab shall have all permits issued by the JPA conspicuously displayed according to the standards established by the JP A. C. A Taxicab shall have the following information continuously posted in a prominent location in the Taxicab passenger compartment according to the standards established by the JP A. 1. A schedule of rates and charges for the hire of said Taxicab; 2. The Company's name, address and telephone number; 3. The Company Permit; 4. The Taxicab identification number; 5. The Driver's Permit issued by the JP A; and 6. The Vehicle Permit issued by the JP A. D. A Driver shall give a receipt for the amount charged upon the request of the person paying the fare. E. A Taxicab shall only be operated if the passenger compartment is kept in a clean and sanitary condition free from offensive odors in accordance with the standards established by the JP A. F. The name or trade name of the Company shall be printed, stamped or stenciled conspicuously on the outside of each Taxicab according to the standards established by the JP A. Section 11-12 Separate from Business Licensing. The requirements of this chapter are separate and independent from the business licensing and any other provisions under the Town Municipal Code. Any Company and/or Driver operating a Taxicab in the Town shall obtain a business license to the extent required under the terms of this Code. Section 11-13 Enforcement and Penalty Provisions. The Town intends to secure compliance with the provisions of this chapter by any of the following alternate, separate and distinct methods. Each method set forth herein is not intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations nor does it prevent utilization of any other enforcement mechanisms and/or penalties available by law. Each day a violation exists constitutes a separate offense. Notwithstanding any other provision of this chapter, each violation of the provisions of this chapter may be enforced alternatively as follows: A. Infraction. Any person or entity including without limitation a Driver or Company violating any of the. provisions or failing to comply with any of the mandatory requirements of this chapter may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or nonsafety employees designated by the Town by separate resolution. Any person convicted of an infraction under the provisions of this chapter shall be punished by: Town ofTibuTOn Ordinance No. 487 N.S. 4 Adopted on 2/16/05; Effective 3/18/05 1. A fme not exceeding one hundred dollars for a frrst yiolation; 2. A fme not exceeding two hundred dollars for a second violation within one year; 3. A fme not exceeding five hundred dollars for each additional violation within one year . B. Misdemeanor. Any person or entity including without limitation a Driver or Company violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by nonsafety employees designated by the Town by separate resolution. Any person convicted ofa misdemeanor under the provisions of this chapter shall be punished by a fine not exceeding one thousand dollars or by imprisonment for a term not exceeding six months, or by both such fme and imprisonment. C. Civil Action. The Town Attorney by and at the request of the Town Council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this chapter, as provided by law. SECTION 3. Severabilitv. This ordinance and the various parts thereof are hereby declared to be severable. Should any section of this ordinance be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. SECTION 4. Effective Date. This Ordinance shall go into effect thirty (30) days after the date of its adoption. SECTION 5. Publication. This Ordinance shall be published once within fifteen (15) days after its passage and adoption in a newspaper of general circulation in the Town of Tiburon. Town ofTiburon Ordinance No. 487 N.S. 5 Adopted on 2/16/05; Effective 3/18/05 THE FOREGOING ORDINANCE was introduced at a regular meeting of the Tiburon Town Council on the 2nd day of February, 2005, and was adopted at a regular meeting of the Tiburon Town Council on the 16th day of February, 2005, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith None 'lr~~ril~i~ \ TOWN OF TIBURON . l ATTEST:.:' / " ; / 11(;,Ij, '7 'I . II:' v v U,/ , : /., -,/t) l " I - (", ( (- t v( , /' I DIANE CRANE IACOPI, tOWN CLERK Town of Tiburon Ordinance No. 487 N.S. 6 Adopted on 2/16/05; Effective 3/18/05