Loading...
SR-419-000 (4) 1B JUN 0 8 2004 f: \atty\s ha re\cfh \taxicab \taxica bamend .doc City Council Meeting 6-8-04 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Introduction and First Reading of an Ordinance Amending Sections 6.04.110, 6.04.160, 6.04.170, 6.04.220, 6.48.010, 6.48.040, 6.48.050. 6.48.060, 6.48.090, 6.48.100, and 6.48.130, and Adding Section 6.48.150 to the Municipal Code Relating to Taxicab Owners and Drivers Introduction This report summarizes proposed amendments to the Taxicab Ordinance. The proposed revisions would: (1) facilitate the issuance of taxicab licenses to owners and permits to drivers by modifying the renewal schedule; (2) simplify and clarify the regulatory system by eliminating administrative directives; (3) improve remedies; and (4) enhance consumer protections by mandating flat rates for airport transportation and instituting a consumer hotline. The proposed amendments to the Taxicab Ordinance should become effective October 1, 2004, the first day of the amended cycle for issuance of the taxicab business licenses and permits. The gap between the end of the present cycle and the beginning of the new cycle would be addressed with an interim provision. 1 7f!; JUN n A ?nru Back~round As of April 30, 2004, the City has issued 38 business licenses to taxicab companies, 438 vehicle police permits to taxicabs, and 527 police permits to drivers. Taxicab company owners and/or drivers must obtain business licenses, police permits and vehicle inspection decals from the City's License Office and the Police Department in order to engage in the business of picking up passengers within the City's boundaries. The City neither sets fares nor limits the number of taxicabs licensed. However, it regulates taxicab operations by ordinance, regulation and two directives, one in the form of a notice and the other in the form of an order. On May 25, 2004, City staff held a public meeting for taxicab company representatives to present the proposed ordinance and regulation changes. The representatives expressed concern about the City's proposal to require increased insurance liability limits. Discussion This section summarizes the proposed amendments by subject matter. Renewal Cvcle for Issuance of the Taxicab Owners' Business License and Drivers' Police Permits The proposed amendments would change the timing of the issuance of the owner's business license tax and the driver's police permit so that they are due at the same time, October 1 st of each year. Currently, the renewal periods for drivers and vehicles 2 differ; the driver's police permit must be renewed prior to July 15\ and the vehicle business license, vehicle decal and owner's police permit must be renewed prior to September 1st. Changing both renewal dates to October 1st will accomplish several goals: (1) drivers will not be issued police permits unless they are driving vehicles licensed and permitted vehicles; (2) the License Division's workload will be better distributed to maximize efficiency; and (3) the Police Department will be able to utilize a beach lot to apply vehicle decals instead of blocking ingress to City Hall. Delinquency dates would be adjusted in accordance with the new issuance dates. Additionally, the provision on filing an annual statement of gross receipts would be amended to require taxicab business licensees to file a statement within thirty days, as opposed to sixty days, after the start of the taxicab license period. Additionally, language would be added to address the interim period between the end of the old cycles and the beginning of the new cycles. It would: (1) make the effective date for the Amended Ordinance October 1, 2004; (2) impose a one-time business license tax for all taxicab owners in the amount of $62.50, to cover the business tax for the interim period between the end of the old business license tax cycle (June 30, 2004) and the beginning of the new cycle (October 1, 2004); and (3) extend the expiration date for the taxicab business license, vehicle police permit, vehicle decal, and driver's police permit, from June 30, 2004, to September 30, 2004. 3 Consolidation of Insurance Requirements The City's existing requirements regarding compulsory insurance coverage are disjointed and outdated. Presently, the Code and Regulations generally address compulsory insurance coverage; and the minimum insurance limits for the owners of vehicles for hire is specified in the Administrative Order of the Office of the City Attorney of Santa Monica, dated June 28, 1993 ("Order"), and the insurance carrier requirements are specified in a Notice to All Owners and Drivers of Vehicles for Hire, issued by the City Manager and dated June 30, 1993 ("Notice"). The proposed amendments would eliminate the Order and Notice and add requirements to the Code and Regulations. Due to taxicab company representatives' overwhelming concern about the financial hardship increased liability limits would cause to taxicab companies, City staff does not recommend increasing the required insurance liability limits at this time. Flat Fees to Airports Currently, all taxicab charges must be based on the taximeter. The proposed Ordinance would create an exception requiring drivers to charge flat fees for transport of passengers to the two major airports in the Los Angeles County: LAX and the Burbank Airport. The proposed amendments would require that the flat rates be filed by the taxicab owner with the City's License Office, and that notice of the flat fees be posted inside taxicabs. This proposal responds to complaints from members of the public who 4 complained that existing charges were both inflated and in excess of initial representations made prior to transport. Decal Fees and Placement The amendments would create a decal fee, which would be distinct from the business license tax and which would reflect the City's costs associated with the creating, inspecting, and affixing a vehicle decal every time the City issues a new or replaces an old decal (replacement for lost, stolen or otherwise removed decals). The proposed amendments would also revise requirements for decal placement to more accurately reflect Police Department practice in affixing decals onto vehicles. Remedies The proposed amendments would clarify that appeals of denials of taxicab driver police permits are governed by Chapter 6.16, which sets forth the right of appeal to a hearing examiner for any person when the City suspends, revokes, or denies any permit or license under Article 6 of the Code. The amendments would also make the regulations enforceable. Currently violations of the Taxicab Ordinance may be penalized as infractions or misdemeanors. However, there is no provision for enforcing the Taxicab Regulations. The proposed amendments add language making the Regulations enforceable in the same manner as the Code. 5 As an added consumer protection measure, the proposed Ordinance would require taxicabs to post notice of a new, City-operated taxicab complaint hotline. Specifically, Section 6.48.090 would be amended to add that every taxicab, in addition to posting a card with the licensee's name, business contact information, and rates, must carry a second card with the following language: "COMPLAINTS? Call the City Of Santa Monica's Consumer Hotline," followed by the City-provided hotline telephone number. Other cities with a similar requirement for posting of consumer complaint hotlines include: Burbank; Los Angeles; Anaheim; and San Francisco, among others. The Consumer Protection Unit of the City Attorney's Office will operate the hotline. Other Chanqes Finally, the proposed Ordinance includes the miscellaneous, minor changes including eliminating duplicative language and ensuring consistent and accurate use of terminology. Financial Impact A new fee will be implemented and paid by the vehicle owner to cover the cost of affixing a decal on a vehicle. The fee will be set by resolution and adopted with the second reading of this Ordinance. There are no costs to the City associated with the Ordinance changes. Recommendation It is respectfully recommended that the accompanying Ordinance be introduced for first reading. 6 PREPARED BY: Marsha Jones Moutrie, City Attorney Eda U. Suh, Deputy City Attorney Steve Stark, Director of Finance Eva U'Ren, Acting Revenue Manager Debby Sowers, License, Permit & Parking Citation Supervisor James T. Butts, Jr., Chief of Police Jay Trisler, Sergeant - Police Department ATTACHMENTS: Proposed Ordinance 7 f:\atty\s hare \cfh \taxicab \taxicabamend-2. d oc City Council Meeting 6-08-04 Santa Monica, California (CCS) ORDINANCE NUMBER (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SECTIONS 6.04.110, 6.04.160, 6.04.170, 6.04.220, 6.48.010,6.48.040,6.48.050,6.48.060,6.48.090,6.48.100, AND 6.48.130, AND ADDING SECTION 6.48.150 TO THE SANTA MONCIA MUNICIPAL CODE RELATING TO TAXICAB OWNERS AND DRIVERS WHEREAS, the City issues permits and licenses to taxicab owners and drivers; and WHEREAS, the City Council wishes to ensure the efficient issuance of licenses and permits and compliance with requirements for taxicab operation; and WHEREAS, many visitors to Santa Monica utilize taxicabs to travel to the Los Angeles and Burbank Airports; and WHEREAS, in order to protect the public welfare the City Council wishes to ensure clear advance disclosure of the cost of airport transportation and to otherwise protect the rights of those using taxi services, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: 1 SECTION 1. Santa Monica Municipal Code Section 6.04.110 is hereby amended to read as follows: Section 6.04.110 Term of license. (a) Every daily license shall expire at midnight on the day during which it was issued. (b) Every monthly license shall expire at midnight of the last day of the month during which it was issued. (c) Every annual license, whether based on gross receipts or a flat rate, shall expire at midnight on the June 30th next succeeding its issuance unless specified otherwise in this Code. (d) The annual license for taxicab owners shall expire at midniqht on the September 30th next succeedinq its issuance. SECTION 2.Santa Monica Municipal Code Section 6.04.160 is hereby amended to read as follows: Section 6.04.160 Penalties for late payment and nonpayment. A penalty of twenty percent of the license fee due.Jn addition to the amount of such license fee, shall be levied fA addition to the amount of such liconso foo on all licensees 2 who fail to pay their yearly license renewal prior to September 1 st ("delinquent date") and on all new businesses operating in the City who fail to secure a business license within thirty days after opening for business. In the case of taxicab owners. a penalty of twenty percent of the license fee due. in addition to the amount of such license fee. shall be levied on all licensees who fail to pav their yearly license renewal prior to November 1 st ("delinquent date"). An additional penalty of ten percent of the original license fee due shall be added for each month or portion thereof that said license fee remains unpaid after the delinquent date. In no case, however, shall the penalty exceed one hundred percent of the original license fee due. SECTION 3.Santa Monica Municipal Code Section 6.04.170 is hereby amended to read as follows: Section 6.04.170 Waiver or refund of penalty. (a) No penalty assessed pursuant to Section 6.04.160 shall be waived or refunded except as provided for in this Section. (b) The City Manager or his or her designee may waive or refund a penalty assessed pursuant to this Section upon receiving satisfactory proof that the licensee mailed the 3 business license payment prior to September 1 st of the year in which it was due and that the failure of the payment to be postmarked prior to September 1 st of the year in which it was due or delivered was based upon operational problems caused by the United States Postal Service. In the case of taxicab owner licensees. the City Manaqer or his or her desiqnee may waive or refund a penalty assessed pursuant to this Section upon receiving satisfactory proof that the licensee mailed the business license payment prior to November 1st of the year in which it was due and that the failure of the payment to be postmarked prior to November 1 st of the year in which it was due or delivered was based upon operational problems caused by the United States Postal Service. (c) Satisfactory proof must include documentation from the United States Postal Service that unusual operational problems or natural disasters occurred that created the possibility that the postmark was delayed or the mail lost. In addition, the City Manager may require such other documentation as is necessary to verify the claim, such as bank, checking, and other accounting records that might corroborate the claim that payment was timely deposited in the mail. 4 (d) No interest shall be paid on any money refunded pursuant to this Section. (e) The decision of the City Manager shall be final and not subject to additional hearing or review. SECTION 4.Santa Monica Municipal Code Section 6.04.220 is hereby amended to read as follows: Section 6.04.220 Annual statement of licensee. (a) Filing of Statement. Except as provided in subsection (b) below. in all cases where the amount of license to be paid by any person is based upon the amount of gross receipts, or upon the number of vehicles used, such person or entity, before obtaining a license for such business and within sixty days after the beginning of each license period, shall file with the Director of Finance a written statement in the form required by the Director of Finance, supported by such documentation requested by the Director of Finance, showing the total amount of gross receipts during the preceding calendar year, or the number of vehicles used at the date of such statement. (b) Taxicab Business License. A person or entitv seekinq a taxicab business license shall file the Statement described in subsection (a) above before obtaining a license and within thirtv davs after the beqinninq of the taxicab license period. 5 (S,Q) Contents of Statement. Any statement filed pursuant to this Section shall be signed and shall contain the following: "I declare, under penalty of making a false declaration, that I am authorized to make this statement and to the best of my knowledge and belief it is a true, correct and complete statement, made in good faith for the period stated. " For making a false statement or declaration the person signing the statement shall be guilty of a misdemeanor. (6g) Confidentiality as to Gross Receipts. Information filed pursuant to this Section as to the gross receipts of a particular person or entity shall be confidential in character and shall not be subject to public inspection. It shall be the duty of the Director of Finance to preserve and keep such gross receipts information so that it may not become known except to the persons charged by law with the administration of this Code.99 (a~) Statement Not Conclusive. No statement filed pursuant to this Section shall be conclusive upon the City or upon any officer thereof as to the matters therein set forth, and the same shall not prejudice the right of the City to recover any amount that may be ascertained to be due from such person in 6 addition to the amount shown by such statement should it be found to be incorrect. (eD Newly Established Business License Renewal. In any case where an original license is to be issued for a newly established business, the minimum tax applicable for that type of business shall be paid for the original license. At the date of renewal, if such business is subject to a business license tax based upon gross receipts, an additional fee shall be charged, based upon the gross receipts of such business during the prior year, at the tax rate applicable for such business, after deducting from the amount so found to be due the amount paid at the time such original license was issued. (fg) Accuracy of Statement Subject to Audit. The correctness of any statement filed pursuant to this Section shall be subject to audit and verification by the Director of Finance, who is hereby authorized and empowered to inspect and audit the books and records of any and all persons licensed to carry on any business specified in this Code. No person licensed to carry on any business specified in this Code shall refuse or fail to allow the Director of Finance to inspect and audit such books and records or shall refuse or fail to provide such additional information as requested by the Director of Finance. 7 (9n) Failure to File Statement. If any person or entity required to file any statement pursuant to this Section shall fail to do so such person shall be guilty of a violation of this Code. SECTION 5.Santa Monica Municipal Code Section 6.48.010 is hereby amended to read as follows: Section 6.48.010 Definitions. For the purposes of this Chapter certain words and phrases are defined and certain provisions shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended. (a) Driver. "Driver" includes every person in charge of driving or operating any motor-propelled vehicle for hire mentioned in this Section, either as agent, employee, or otherwise. This does not include a person renting or leasing a vehicle for a period of time to be driven by himself or herself or his or her designee. (b) Vehicle for Hire. "Vehicle for hire" includes every automobile or motor-propelled vehicle, other than taxicabs, not equipped with a taximeter, used for transportation of passengers within and without the boundaries of the City not over a defined route, at rates per mile, per trip, per hour, per day, per week or per month. 8 "Vehicle for hire" includes both taxicabs and limousines for hire as defined in this Section. This does not include vehicles leased or rented for a period of time to be driven by the lessee or his or her designee. (c) Stand. "Stand" is a place designated by the Parking and Traffic Engineer of the City for use by any taxicab or vehicle for hire licensed hereunder while awaiting employment. (d) Taxicab. "Taxicab" includes automobile and motor-propelled vehicles equipped with a taximeter used for the transportation of passengers for hire within and without the boundaries of the City not over a defined route. Chargos for uso of such vohiclo m::lY bo by distanco tr::lvolod, ~v::liting timo, or both. The route traveled by such vehicle is determined by the passenger hiring the vehicle. (0) Vehicle for Hire. "Vehicle f-or hire" includes both taxic::lbs ::lnd limousinos for hire as dofinod in this Soction. SECTION 6.Santa Monica Municipal Code Section 6.48.040 is hereby amended to read as follows: Section 6.48.040 Police permit required. 9 (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 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; (3) 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; (5) A signed agreement to submit to a background investigation and fingerprinting by the Police Department; (6) Oriqinal +!est results from a certified laboratory or testing agency, submitted simultaneously with the applicant's verified application, proving that the applicant has 10 tested negative for drugs and alcohol as provided by Section 53075.5(b )(3) of the California Government Code; and (7) 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 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; 11 (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. 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 12 Department's decision to 3pprove or deny the Police permit shall be final and shall not be appealable to the City Council or to any other City body or official. (d) Permit Expiration. A Police permit shall expire on June 30tll_ September 30th 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 drivor's Police 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. 13 (f) Grounds for Suspension and Revocation. Any Police permit issued under the provisions of this Section, and any business license issued under Section 6.48.030, may be suspended or revoked for any of the following reasons: (1) Violation of any provision of this Section by a holder or employer of the holder of such permit; and (2) The existence of any facts, which would have been good reason to deny such permit when applied for, regardless of when such facts arose. SECTION 7.Santa Monica Municipal Code Section 6.48.050 is hereby amended to read as follows: Section 6.48.050 Rules and regulations. The City Manager shall have the authority to adopt such rules and regulations as in his or her judgment are necessary for the service and safety of the operators, the public and the owners of the vehicles used herein. Any rules and regulations so promulgated shall be filed in the office of the City Clerk where they shall be kept on file and made available for inspection by the public. For purposes of enforcement. violations of any such rules and requlations issued under this Section shall have the same force and 14 effect as violations of provisions of the this Chapter. and subiect to the penalties set forth in Section 6.48.140. Licenses and permits under this Section are subject to all the provisions of this Code regarding licenses and permits in Chapters 6.04, 6.08, 6.12, 6.14 and 6.16 of this Code. SECTION 8.Santa Monica Municipal Code Section 6.48.060 is hereby amended to read as follows: Section 6.48.060 Compulsory insurance coverage. Before any license is issued or renewed, the owner of the vehicle for hire shall be required to file with the License Division Office and, thereafter, keep in full force and effect a policy of insurance in the form and in the amount specified by the City Attorney in the rules and requlations adopted by the City Manaqer pursuant to Section 6.48.050 of this Chapter. This policy must be executed by an insurance company, acceptable to the City M~m3ger, insuring the public against any loss or damage that may result to any person or property from the operation of such vehicle. No person shall operate any such vehicle without having a policy as described in this Section in full force and effect at all times during the operation of such vehicle. 15 SECTION 9.Santa Monica Municipal Code Section 6.48.090 is hereby amended to read as follows: Section 6.48.090 Taxicab signs. Vehicle owners and drivers shall ensure compliance with the followinq siqnaqe requirements: fill Every taxicab shall display In every taxicab there shall be displayed in the rear of the driver's seat and in the passenger's compartment and in full view of the passenger a 6afG- two cards not less than two by four inches nor more than two and one-half by five inches which shall have printed thereon state the followinq in the format required by the City Manaqer: (1) on the first card: the licensee's name under which he operates and the business address and telephone number of St::ffiA-- the licensee, together with the rates to be charged by St::ffiA-- the vehicle in such format at the City Manager may require: and-;- (2) on the second card: "COMPLAINTS? Call the City Of Santa Monica's Hotline. " followed by the City- provided telephone number. This card shall contain the hotline telephone number provided by the City. 16 ,{Q} Every taxicab shall have printed upon the door of such cab the name of the licensee under which the cab is operated, together with the telephone number and the cab number. The number of the cab and the telephone number shall also be printed upon the rear of such vehicle. All of the lettering mentioned in this Section shall not be less than two and one-fourth inches in height and not less than five- sixteenths of an inch stroke. !Q) Every taxicab may display have an electrically lighted vacant sign attached to the top of such cab. Every such sign shall be not more than two and one-half inches high by nine inches in length. SECTION 10.Santa Monica Municipal Code Section 6.48.100 is hereby amended to read as follows: Section 6.48.100 Taximeters and Flat Rates. !ill All taxicabs must based their charges on taximeters, and all taxicabs shall have a taximeters shall be placed so that the reading dial sho'l.'ing displavinq the amount to be charged shall be ~welllighted and readily discernible by the passenger riding in such taxicab. Except as provided in subsection (b), no taxicab charqe shall exceed the amount displayed on the taximeter. 17 (b) If the taxicab service is to the Los Anaeles Airport or the Bob Hope Airport (Burbank), the charae must be a flat rate reaistered with the City pursuant to Section 6.48.031 of this Chapter. The flat rate for service to these airports must be posted in each taxicab, alona with the other rates to be charaed, pursuant to Section 6.48.090 (a}(1) of this Chapter. fg} No driver of any taxicab upon receiving payment of a fare as indicated by the taximeter thereon shall refuse to give a receipt upon the request of any passenger making said payment. SECTION 11.Santa Monica Municipal Code Section 6.48.130 is hereby amended to read as follows: Section 6.48.130 License decals required on taxis and vehicles for hire. (a) In all instances in which a business license is a prerequisite for the use of any taxi or vehicle for hire, upon receipt of the appropriate fees, includinq a decal fee, a decal shall be issued by the Director of Finance City as part of the business license foe. Such decal shall be affixed by the Police Department on the assigned vehicle to the driver's side lower upper lefthand corner of the rear windshield or, if 18 there is no rear window, it shall be affixed to the driver's side in the lower lefthand corner of the front windshield. (b) No decal issued pursuant to this Section shall be in any manner transferred or assigned. If a person or entity that has been issued a decal transfers, assigns, or otherwise allows such decal to be used by another person or entity, such decal shall be automatically revoked. (c) No decal required pursuant to this Section shall be issued to any applicant until that applicant has paid all of his or her outstanding parking citations, including all civil penalties and related fees. SECTION 12.Pro-Rated Taxicab Business License Tax for Julv 1. 2004 throuqh September 30, 2004. (a) All persons subject to the taxicab business license requirement established by Santa Monica Municipal Code Section 6.48.030 for the 2003-2004 fiscal year must pay a one-time fee in the amount of $62.50. This prorated business license tax is for the three-month interim period from July 1, 2004 to September 30, 2004, and it must be paid at the time of renewal for the 2004-2005 taxicab business license. (b) Upon payment of the prorated business license tax: (1) Business licenses issued pursuant to Santa Monica Municipal Code Section 6.48.030 and due to expire June 30, 2004, will be extended until September 30, 2004. 19 (2) Vehicle decals issued pursuant to Santa Monica Municipal Code Section 6.48.130 and due to expire June 30, 2004, will be extended until September 30, 2004. (3) Police permits for vehicles issued pursuant to Santa Monica Municipal Code Section 6.14.080 and due to expire June 30, 2004, will be extended until September 30, 2004. (4) Taxicab drivers' Police Permits issued pursuant to Santa Monica Municipal Code Section 6.48.040 and due to expire June 30, 2004, will be extended until September 30, 2004. SECTION 13. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 14. 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 of this 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 of the ordinance would be subsequently declared invalid or unconstitutional. 20 i SECTION 15. 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 thirty days after its adoption. APPROVED AS TO FORM: k S MOUTRIE 21