O2315City Council Meefing 06-22-2010 Santa Monica, California.
ORDINANCENUMBER 2315 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING CHAPTER 6.49 OF ARTICLE VI OF THE SANTA
MONICA MUNICIPAL CODE RELATING TO TAXICAB FRANCHISES;
AND AMENDING SECTIONS 6.04.110 AND 6.04.160 OF ARTICLE VI OF
THE SANTA MONICA MUNICIPAL CODE REGARDING TAXICABS.
WHEREAS, on July 28, 2009, the City Council adopted Ordinance No.
2292 (CCS), establishing a taxicab franchise system in order to assure reliable,
safe; quality taxicab services in the City and to eliminate undue congestion and
air pollution, disorganization and hazards associated with the City's previous
open-entry regulated taxicab environment; and
WHEREAS,. Section 6.49.020 of the Santa Monica Municipal. Code
authorizes the Santa Monica Police Department to adopt rules and regulations
consistent with and necessary to implement Chapter 6.49 of the Code; and
WHEREAS, the City desires to establish a hearing procedure and penalty
structure for violations of rules and regulations adopted pursuant to Section
6.49.020; and
WHEREAS, the City strives to establish a clear; fair,. effective and
administratively effrcient system for regulating taxicabs;
THE- CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Subdivision (a) of Section 6.49.040 of Chapter 6.49 of Article VI of the
Santa Monica Municipal Code is hereby amended as follows:
(a) The City may in its discretion award one (1) or more, but no more than eight
(8), nonexclusive franchises for the operation of taxicab services within the City. Upon
issuance of one (1) or more franchises, the City shall not accept new or renewal
applications for an existing business license, decal or police permit to operate a taxicab
service and it shall be unlawful for any person other than a taxicab franchisee and its
employees or authorized agents to operate, engage in the business of operating, or cause
to be operated any taxicab service within the City.
SECTION 2. Subdivision (b) of Section 6.49.100 of Chapter 6.49 of Article VI of the
Santa Monica Municipal Code is hereby amended as follows:
(b) Every taxicab shall have printed upon the door of such taxicab, in lettering
and numbering not less than two and one-fourth inches in height and five sixteenths of an
inch wide, the cab number and the name and telephone number of the taxicab franchisee
which operates the taxicab. The telephone number and the cab number shall also be
printed in a plainly visible manner upon the rear of such vehicle.
SECTION 3. Subdivision (i)(2) of Section 6.49.040 of Chapter 6.49 of Article VI of
the Santa Monica Municipal Code is hereby amended as follows:
(2) Annual Taxicab Vehicle Permit Fee. Each taxicab franchisee shall be
required annually to obtain a taxicab vehicle permit and to pay to the City an annual taxicab
vehicle permit fee for each taxicab operating under its franchise. Any taxicab vehicle
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permit issued pursuant to a franchise prior to June 30, 2011, shall expire on June 30, 2011,
unless revoked or suspended prior to that date pursuant to this Chapter. Taxicab vehicle
permits issued after June 30, 2011, shall expire at midnight on the June 30th next
succeeding its issuance, unless revoked or suspended prior to that date pursuant to this
Chapter.
SECTION 4. Subdivision (e) of Section 6.49.070 of Chapter 6.49 of Article VI of the
Santa Monica Municipal Code is hereby amended as follows:
(e) Taxicab Driver's Permit Expiration and Renewal. Any taxicab driver's
permit issued pursuant to a franchise prior to June 30, 2011, shall expire on June 30, 2011,
unless revoked, suspended or terminated prior to that date. Taxicab driver's permits
issued after June 30, 2011, shall expire at midnight on the June 30th next succeeding its
issuance, unless revoked, suspended or terminated prior to that date. A taxicab driver's
permit which has not been revoked, suspended, or terminated may be renewed annually
by paying the annual taxicab driver's permit fee and by filing with 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 driver has tested negative for drugs
and alcohol as provided by Section 53075.5(b)(3) of the California Government Code.
SECTION 5. Subdivision (d)(3) of Section 6.49.080 of Chapter 6.49 of Article VI of
the Santa Monica Municipal Code is hereby amended as follows:
(3) Maintain in each taxicab a working two way communication system with a
dispatcher;
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SECTION 4. Subdivision (a) of Section 6.49.140 of Chapter 6.49 of Article VI of the
Santa Monica Municipal Code is hereby amended as follows:
(a) Except as otherwise. provided in this Chapter, any person violating any
provision of this Chapter shall be guilty of either: (1) an infraction, which shall be
punishable by a fine of one hundred dollars ($100) for the first violation, two hundred
dollars ($200) for a second violation within one year, and five hundred dollars ($500) for a
third .and subsequent violations within one year; or (2) a misdemeanor, which shall be
punishable by a fine not exceeding one thousand dollars ($1,000) per violation, or by
imprisonment in the County Jail for a period not exceeding six (6) months, or by both such
fine and imprisonment. Where the violation is of a continuing nature, each day that the
violation continues constitutes a separate and distinct violation.
SECTION 5. Section 6.49.150 is hereby added to Chapter 6.49 of Article VI of the.
Santa Monica Municipal Gode as follows:
6.49.150 Hearing procedure and penalties forviolations of rules and regulations.
Any person violating a rule or regulation adopted pursuant to Section 6.49.020 shall
be subject to the following:
(a) Notice of Violation.
(1) Whenever an enforcement officer charged with the enforcement of any
provision of Chapter 6.48 or this Chapter determines that a violation of the taxicab rules
and regulations has occurred, the enforcement officer shall have the authority to issue a
notice of violation to any person responsible for the violation.
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(2) Each notice of violation shall contain the date of the violations; the addressor
a description of the location where the violations occurred; a list of the rules or regulations
alleged to have been violated, accompanied by a brief description of the alleged violations;
the amount of the fine and/or number of penalty points to be assessed; a description of the
fine payment process, including the time within which and the place to which the fine must
be paid; an order prohibiting the continuation or repeated occurrence of the listed
violations; a description of the hearing process, including the time within which the notice of
violation may be contested and the place from which a request for hearing form to contest
the notice of violation may be obtained; and the name and. signature of the citing
enforcement officer.
(b) Applicable Penalties.
(1) Fine for Violations by Taxicab Drivers. Any taxicab driverwho violates a rule
or regulation adopted pursuant to Section 6.49.020 shall be subject to a fine, and the
taxicab franchisee under which the taxicab driver operates shall also be subject to a fine.
(2) Fines and Penalty Points for Violations by Taxicab Franchisees. Any
franchisee that violates a rule or regulation adopted pursuant to Section 6.49.020 shall be
subject to a fine and assessed penalty points.
(3) Amount of Fines and Penalty Points. The amounts of the fines for violations
of rules or regulations adopted pursuant to Section 6.49.020 shall be set forth in a
schedule of fines established by resolution of the City Council. The schedule of fines shall
also set forth a schedule of penalty points, shall specify increased fines for repeat
violations, and shall specify. the amount of any late payment charges imposed for the
payment of a fine after its due date.
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(4) Payment of Fines. The fine shall be paid to the City within twenty-one days
from the date of the notice of violation. Late payment of fines shall be subject to late
payment charges set forth in the schedule of fines.
(5) Form of Payment of Fines. Any fines imposed pursuant to this Section shall
be paid by cash, cashier's check, or credit/debit card. Personal or company checks will not
be accepted, unless prior written authorization is obtained from the City Finance
Department.
(6) Failure to Pay Fine. The failure to pay any fine imposed pursuant to this
Section is a misdemeanor. The filing of a criminal misdemeanor action does not preclude
the City from using any other legal remedy available to gain compliance with a notice of
violation.
(c) Request for a Hearing. Any recipient of a notice of violation pursuant to this
Section may contest that there was a violation of the taxicab rules and regulations or that
he or she is the responsible party by completing a request for hearing form and returning
the form, together with an advance deposit of the fine, to the Police Department within
twenty-one days from the date of the notice of violation. The person requesting the
hearing shall be notified of the time and place for the hearing at least seven days prior to
the date of the hearing. The hearing date shall be set for a date that is at least seven days
and not more than twenty-one days from the date that the Police Department receives the
request for hearing form.
(d) Hearing Otficer. The hearing maybe conducted by a Sergeant or Lieutenant
or department head or a division head of the Police Department who was not involved in
the issuance of the notice of violation.
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(e) Hearing Procedure. At the hearing, the party contesting the notice of
violation shall be given the opportunity to testify and to present evidence concerning the
notice of violation. Failure of the taxicab driver or a franchisee representative to appear at
the hearing shall constitute a forfeiture of the fine, a failure to exhaust administrative
remedies, and a waiver of the right to ahearing.- The Hearing Officer may within his or her
discretion continue the hearing and request additional information from the parties prior to
issuing a written decision.
(f) Presence of Taxicab Franchisee Representative at Hearing of Taxicab Driver.
A representative of the franchisee may be present at any hearing of that franchisee's
taxicab drivers, and must be present if required by the Police Department.
(g) Hearing Officer's Decision. Within fourteen days after the conclusion of the
hearing, the Hearing Officer shall issue a written decision that upholds or cancels the
notice of violation and sets forth the reasons for the decision. If the Hearing Officer
upholds the notice of violation, the fine on deposit with the City shall be retained by the
City. If the Hearing Officer cancels the notice of violation, the City shall promptly refund the
deposited fine. Unless the City returns the fine within thirty days after the Hearing Officer's
decision, this refund shall also include interest at the average rate earned on the City's
portfolio for the period of time that the fine amount was held by the City. The Hearing
Officer's decision shall be final.
(h) Assessment of Penalty Points to Taxicab Franchisee. Any franchisee that
violates a taxicab rule or regulation may be assessed penalty points in accordance with the
schedule of fines. Penalty points may also be assessed against the franchisee for each
violation committed by that franchisee's taxicab drivers.
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(i) Payment of Fines by Taxicab Franchisee. Fines imposed upon a taxicab
franchisee for violations by the franchisee's taxicab drivers shall be invoiced to the
franchisee on a monthly basis along with a listing of any hearing conducted during the
billing month, including the notice of violation, the notice of hearing, the hearing decision,
and the penalties assessed. The franchisee shall pay the fines to the Citywithin thirty days
after the date of the invoice. A penalty often percent of the amount due shall be levied on
any franchisee that fails to make timely payment. An additional penalty of ten percent of
the amount due shall be levied upon any franchisee that fails to make payment of any
amount due on or before the last day of the fourth month following the date on which the
payment first became delinquent. In addition to the penalties imposed for late payment,
interest charges will be imposed on late payments at the rate of one and one half percent
per month, or fraction thereof, on the payment due, exclusive of penalties, from the date on
which the payment became delinquent until it is paid.
{j) Right to Judicial Review. Any person directly aggrieved by a decision of a
Hearing Officer may obtain review of the decision by filing a petition for review with the
Superior Court.
SECTION 6. Subdivision (d) of Section 6.04.110 of Chapter 6.04 ofArticle VI of the
Santa Monica Municipal Code is hereby deleted.
SECTION 7. Section 6.04.160 of Chapter 6.04 of Article VI of the Santa Monica
Municipal Code is hereby amended as follows:
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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 pay their yearly license renewal prior
to September 1st ("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. 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 8. The City Council finds that this Ordinance is exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to California Code
of Regulations, Title 14, Section 15308, which exempts actions taken by regulatory
agencies intended for the protection of the environment, and Section 15061 (b)(3), which
exempts local agency activities that have no potential to result in adverse impacts on the
environment. The City Council finds that the activity under this Ordinance will reduce
impacts on air quality and traffic and will not have a significant effect on the environment.
SECTION 9. 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 10. 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
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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.
SECTION 11. 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:
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Approved and adopted this 22"'.day of June,
State of California )
County of Los Angeles) ss:
City of Santa Monica )
0.
Bobby Shri er, Mayor
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2315 (CCS) had its introduction on June 8~h, 2010, and was
adopted at the Santa Monica City Council meeting held on June 22"d, 2010, by the
.following vote:
Ayes: Council members: Bloom, Holbrook, Davis, McKeown
Mayor Pro Tem O'Connor, Mayor Shriver
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: O'Day
A summary. of Ordinance No. 2314 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:.
-~
Maria M. Stewart, ity Clerk