O2006
f:\atty\share\cfh\taxicab\taxicab2d-1,wpd
City Council Meeting 4-24-01
Santa Monica, California
ORDINANCE NUMBER 2006 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA MONICA ADDING SECTIONS 6.48,031 AND 6.48.140
TO THE SANTA MONICA MUNICIPAL CODE AND AMENDING
SECTION 6.48,040 OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO TAXICAB REGULATIONS
WHEREAS, the visitor service industry is a mainstay of the City's economic base;
and
WHEREAS, visitors to the City are particularly dependent on taxicabs for
transportation; and
WHEREAS, senior citizens who visit or reside in the City are also particularly
dependent on taxicabs for transportation; and
WHEREAS, taxicab operators must be held to high standards to protect the safety
and welfare of visitors, the elderly, and other members of the public; and
WHEREAS, California Government Code Section 53075,5 requires every city to
adopt taxicab regulations that include: the establishment or registration of taxicab rates,
a policy for entry into taxicab businesses with certain requirements, and a drug and alcohol
testing certification program for taxicab drivers; and
WHEREAS, the City's existing laws regulating taxicab businesses are contained
1
in Santa Monica Municipal Code Chapter 6.48; and
WHEREAS, the City's existing laws regulating taxicab businesses do not contain
the provisions required by California Government Code Section 53075,5,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 6.48,031 is hereby added to the Santa Monica Municipal Code
to read as follows:
Section 6.48.031 Registration of taxicab rates required.
All persons applying for a business license in compliance with Section
6.48,030 of this Code shall simultaneously file with the City, upon forms
supplied by the City, a schedule of taxicab rates for carrying passengers, No
person shall conduct any vehicle for hire business without having first filed
such a schedule. All such license holders shall thereafter at all times keep
on file with the City an up-to-date schedule, No driver of any vehicle for hire
shall, and no employer of a driver shall allow any driver to, charge a greater
sum for the use of a vehicle than the rate listed on the schedule filed with the
City.
SECTION 2, Section 6.48,040 of the Santa Monica Municipal Code is hereby
amended to read as follows:
Section 6.48.040 Police permit required.
(a) Application. No person shall drive a vehicle for hire to pick up or
attempt to pick up passengers, and no person who owns or controls any 2
such vehicle for hire shall allow any vehicle for hire to be so used, unless the
driver has a valid Police Permit issued under the provisions of this Section
for each taxicab company for which he or she is driving, In order to obtain
a Police Permit, each person shall file with the City's License Office, upon
forms supplied by the City, a verified application containing the following
information:
(1) Name and address of applicant;
(2) Convictions, if any, in any court of law;
Certification of the owner by whom he or she is to be
employed as a driver in the City;
(4) Proof of a valid California Driver's License;
A signed agreement to submit to a background
investigation and fingerprinting by the Police Department;
Test results from a certified laboratory or testing agency,
submitted simultaneously with the applicant's verified application, proving
that the applicant has tested negative for drugs and alcohol as provided by
Section 53075,5(b)(3) of the California Government Code; and
Such further information as the City may require,
Self-employed independent drivers shall be responsible for
compliance with, and shall pay all costs of, the drug and alcohol tests
described above with regard to themselves, Employers shall be responsible
for compliance with, and shall pay all costs of, the drug and alcohol tests with
respect to their employees and potential employees, except that an employer
3
may require employees who test positive to pay the costs of rehabilitation
and of return-to-duty and follow-up testing.
(b) Permit applicant investigation. The Police Department shall
conduct an investigation of each applicant for a Police Permit and shall
indicate its approval on the application or, if disapproved, the reason
therefor. The Police Department may disapprove any applicant who has a
record of criminal conduct or other behavior involving any of the following:
(1) Moral turpitude;
(2) Violence toward persons or property;
(3) Physical or mental disease which could make the applicant
a danger to the safety of others;
(4) Illegal sexual conduct involving another nonconsenting
person;
(5) Negligent or reckless driving;
(6) Operating a motor vehicle while under the influence of
alcohol or drugs; or
(7) Acts showing the applicant to be otherwise incompetent
or not fit to drive a vehicle for hire,
(c) Permit issuance. The Police Department shall, upon
consideration of the application and investigation, approve or deny the Police
Permit. No Permit shall be issued to any person under the age of eighteen
years, where any false statement appears in the application, or if the
application is otherwise incomplete,
4
Upon approval of an application and receipt of the applicable fees,
the Police Department shall issue a Police Permit to the applicant. The
Permit shall bear the name and photograph of the applicant, date of
expiration of the Permit, and the name of the taxicab company for which the
driver is authorized to drive a vehicle for hire, The Police Department's
decision to approve or deny the Police Permit shall be final and shall not be
appealable to the City Councilor to any other City body or official.
(d) Permit expiration. A Police Permit shall expire on June 30 of
each year, unless revoked, suspended, or terminated prior to that date, A
Police Permit which has not been revoked, suspended, or terminated may
be renewed annually by paying the appropriate fee and by filing with the City,
on forms supplied by the City, a verification that the driver is in compliance
with the provisions of this Section, and test results from a certified laboratory
or testing agency proving that the applicant has tested negative for drugs
and alcohol as provided by Section 53075,5(b)(3) of the California
Government Code.
(e) Effect of termination of employment. The driver's permit shall
become void upon termination of employment. Upon termination of a driver's
employment, the owner by whom such driver has been employed, shall
immediately give the City written notice of the termination, and the
terminated driver shall immediately return the Police Permit to the City
(f) Grounds for suspension and revocation. Any Police Permit
issued under the provisions ofthis Section, and any business license issued
5
8-:llUeUIP 10 SlLll JD SU01S!Amd aql paw::~
Ol i\Je5S~1:JalJlll!81)[a 18'LU Ol pamp01jj JO papeedaJ 5! J8L1+JnJ au PUE s@lauelslsuo:::Hj~
!.pns ~o lual::(:;:l <::flU 01 e~::H.mwpJO S!4l to SIJG!SlAOJd ~ql qllM lIJ81SlSIlJOtlLlI 018Jaq~
~8')I'I]U8dde JQ apo::) ledp!unV'J E'::lIUOl/lJ E;qUBS 8lU JO IUOISIi\OJd f"u\:I 'v NOI.1.0:3
'luau.Jl JtlSpdUJ1
PU8 au!:! lpn~ LUOq 1\(1 JO ~lnunlJj XIS 6tJ!paa~X8
mJ, I! EW ^1ILH10::)
al.lt L.l! lU~UJun~ur:ltJJl Aq JO 'UDI1BIOIi\ J~d SJBlloP puesnOLll auo
lOU auy Ie 1\q <;:)lqr:J4s!und 11811'S q::)lljM Joue:aw:aps!W s.le~IOp ^+l!1
pflJpunq o~ ou!peeoxe lOU tJuq Aq rid aq IjellS 1~~lqM uon~eJlul
LJE Nfi.wnn eq 11811SJaldeq~ S!L1Ho w')!<::IAcud f\UB DIJ!le'IO!^ uosJad f..U"i
'uo!~elo~^..m,1 ^~leUad at'r9p'g uon:Jas
S MOI[OJ. s e DE8J 01
peppe f"qr:uaq apa'.) led!'J!un~fIJ B::J!UO~ BlUES >=Iq:}JO Ot' tltl'9 UOll:J8S '8 NOll03S
esme
s~::rBiq:)ns lUeqM.jO SlseIPle5,:::1J JQ~ p8W:fcl~ uel1M. HWJ8d lj::JlIS ALlep Oll:JOSH8J
pooEl u~;::}q al\B'4 PI Sl:J~J. ^~.m JO ::t)CJUalsp<:a ~ql 2:)
~l,LL..;ed ~,~')n<; JO JaplollsqJ ~o J~^nidLU~
JO J:slpiQtj lq llO!l:l8S S!Lll J,Q UO~s!r..OJd AU8 JD UOnelOlj\ ,)
:suoseaJ I5UIMOUOj
SLIt fO },UB JOJ p>;:J)tOA.8J .10 pepuedsns aqi ~BUJ 'Ot:Cr8v'9 uOfpas l~p[J
SECTION 5, If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions ofthis Ordinance, The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion ofthe ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 6, The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
7
llJaI~ Al!:> 'lJeMalS 'W E!JEV\I
-'f-o.~. ~~
.,,""-- . ,
: .lS3li'V
)jOOJqloH :SJaqwaw l!~un08 :luasq'V
auoN :sJaqwaw Ipun08 :U!elsq'V
auoN :SJaqw8w Ipun08
U!alSU!a~ Jo^eV\l 'WOOlS wa.l
OJd Jo^eV\l 'Zle~ 'Jasua~ 'uMoa~:)V\IIJOUU08,0 :SJaqwaw IPun08
:alO^ OU!MOIIOJ
a4l ^q '~OOG 'VG I!Jd'V uo PI84 OU!laeW IPun08 "I!8 8O!UOV\J elues a4lle paldope
seM pue '~OOG '0 ~ IPd\( uo UO!l~npOJlU! Sol! pe4 (S88) 900G 'oN a~ueu!pJO 5u!ooaJoJ
a4lle4l "J!lJa:) ^qaJa4 op 'e:)!uoV\l elues JO "I!~ a4l JO )jJal~ "I!8 'lJeMalS 'V\J epeV\l'1
( e:)!uoV\l elues JO "I!8
'ss ( salaou'v' sOl JO "Iun08
( e!UJoJ!le8 JO alelS
, ~OOZ 'IPd'v' jO ^ep 4lvG S!4l pa^oJdde pue paldop'V