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r-10641City Council Meeting 12 -13 -11 Santa Monica, California RESOLUTION NUMBER 10641 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA SETTING FORTH THE ADMINISTRATIVE CITATION SCHEDULE OF FINES FOR VIOLATIONS OF TAXICAB RULES AND REGULATIONS, EFFECTIVE JANUARY 1 2012 WHEREAS, the City of Santa Monica ( "City`) manages taxicab franchises to ensure an effective and efficient taxicab fleet that meets a common standard of care; F1TI WHEREAS,. the Police Department of the City is authorized to adopt and has adopted rules and regulations regarding the operation of taxicab in the City ( "Taxicab Rules "), which rules and regulations have been filed in the office of the City Clerk; and WHEREAS, Section 6.49.150, subdivision (b)(3), states that the amounts of the fines for violations of the Taxicab Rules shall be set forth in a schedule of fines, including a schedule of penalty points, established by resolution of the City Council; and WHEREAS, on November 9, 2010, the City Council adopted Resolution Number 10543 (CCS) establishing a schedule of fines and penalty points for violations of taxicab rules and regulations and making them part of the Taxicab Rules; and WHEREAS, experience in administering the taxicab franchise program and enforcing the Taxicab Rules have shown that the schedule of fines should be adjusted to better address and improve enforcement and compliance efforts; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The schedule of fines for violations of taxicab rules and regulations as set forth in Attachment A are hereby established and made part of the Taxicab Rules. SECTION 2. Resolution Number 10543 (CCS), and any other resolution adopting, amending, or relating to the Taxicab Rules schedule of fines for violations of the Taxicab Rules, is hereby repealed in its entirety as of January 1, 2012. SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and the same shall be in full force and effect on January 1, 2012. APPROVED AS TO FORM: -[Qa4td&6A4 M SHA O ES MO TRIE Cit Attor e ATTACHMENT A: Administrative Citation Schedule of Fines for Violations of Taxicab Rules and Regulations 2 SCHEDULEI PENALTIES FOR VIOLATION OF TAXICAB RULES Every franchisee, vehicle permittee and driver who does not comply fully with any one or more of the Department's rules and regulations, with the terms and conditions of a taxicab franchise or the Santa Monica Municipal Code shall be guilty of a violation and subject to the penalty schedule as shown in the brackets at the end of each rule. Each day that a violation continues shall constitute a separate and distinct violation. If a penalty due date falls on a weekend or holiday, penalties are due the next City business day. Any suspension of a permit shall be recorded on the driver's Department Permit Suspension Record and will be considered when applying Taxicab Rule 306f. A permittee must serve a suspension during a period of time in which the Taxicab Driver's Permit has been physically turned in to the City. Penalty Points for Franchisee Monetary Penalty Increments The monetary penalty for franchisee violations shall be equal to one penalty point for each $100 increment of fine indicated in this Schedule. Penalties shall accumulate without limit. Suspension of Franchisee's Franchise Whenever the cumulative amount of the monetary penalty assessed against any franchisee for any calendar quarter period exceeds $10,000, the franchisee's franchise is subject to immediate suspension. LEGEND: S = Suspension R = Revocation IOS = Immediate Out of Service (Driver and /or Vehicle) at the Full Discretion of the Police PROGRESSIVE PENALTY SCHEDULES The following progressive penalties shall be applied when the same driver, vehicle permittee, or franchisee is guilty of a second or subsequent violation of the same rule or any combination of the rules listed for the same Progressive Penalty Schedule within any 24 -month period. When IOS appears in a penalty, a driver or vehicle may be placed in an Immediate Out of Service status at the absolute discretion of the Police Officer. Penalties Penalties - Penalties '- Penalties `: Penalties I Franchisee First Violation Second Violation Third Violation Fourth or More Violation Penalty', Suspension $300 to $500 IDS $500 to $750 N/A Schedules Driver or _ Driver or Driver or Driver or $2,500 to $5,000 IDS Vehicle *- Franchisee Vehicle Franchisee Vehicle Franchisee Vehicle Franchisee IOS `; Permittee Permittee ". Permittee - Permittee $250to$500 or Schedule $50 $50 $100 $100 $150 $150 Suspension $500 105 Schedule B N/A '; $100 N/A '. s$200 N/A $300 '. N/A $500 $250 to $500 $500 to $1,000 or $500to or See Schedule C Suspension $1,000 Suspension $2,500 Penalties N/A N/A Conduct/ Public Safety 10S IDS .$1,000 to $5,000 to $5,000 $10,000 Schedule N/A N/A or See Penalties N/A N/A Suspension Conduct /Public Safety: IDS IDS Penalties Conduct/ Public safety Violation Driver or Vehicle I Franchisee Permittee $250 to $1000 or Suspension $300 to $500 IDS $500 to $750 N/A IDS $1,000 to $2,500 or Revocation $2,500 to $5,000 IDS $5000 to $10,000 '. or N/A Revocation IOS `; PENALTY BY RULE Taxicab Rule Penalty Schedule' 201a. Schedule D 201b. Schedule C 202. Schedule D 203. Schedule D 204. Schedule B- Conduct 205. Schedule B- Conduct 206. Schedule B - Conduct 207. Schedule D- conduct 208. Schedule B- Conduct 209. Schedule A- Conduct or B- Conduct 210. Schedule A- Conduct or Schedule B- Conduct 211. Schedule B 212. Schedule B 213. Schedule B- Public Safety 214. Schedule A- Conduct or B- Conduct 215. Schedule B- Public Safety 216. Schedule D 217. Schedule D 218. Schedule B 219. Schedule B 220. Schedule B 221. Schedule B 222. Schedule B 223. Schedule B 224. Schedule D 225. Schedule B- Public Safety 226. Schedule B 227. Schedule B 228. Schedule B 229. Schedule B 230. Schedule A or Schedule B 231. Schedule B 232. Schedule B- Public Safety 233, Schedule B 234. Schedule B- Public Safety 235. Schedule B 236. Schedule B 237. Schedule B- Conduct 238. Schedule B- Conduct 239. Schedule B- Conduct 240. Schedule A- Conduct 241. Schedule B 242. Schedule B Taxicab Rule Penalty Schedule` 243. Schedule B 244. Schedule C- Conduct or Schedule D- Conduct 301. none 302. none 303. none 304. none 305. none 306. none 307. none 401. Schedule A- Conduct 402. Schedule C- Public Safety 403a. Schedule C- Public Safety 403b. Schedule C- Public Safety 404. Schedule C- Public Safety 405. Schedule A- Public Safety 406. Schedule A- Conduct 407. Schedule C- Public Safety 408. Schedule C- Public Safety 409. Schedule C- Conduct 410. Schedule A 411. Schedule A- Conduct for 1st Violation, Schedule C- Conduct for 2nd Violation 412. Schedule C- Conduct 413. Schedule C- Conduct 414. Schedule A- Conduct for 1st Violation, Schedule C- Conduct for 2nd Violation 415. Schedule A- Conduct 416. Schedule C 417. Schedule C 418. Schedule C 419a Schedule A- Public Safety 419b Schedule A 419c Schedule A- Conduct 419d Schedule C- Conduct 419e Schedule A 420a. Schedule C- Public Safety 420b. Schedule C 420c. Schedule A 421. Schedule A- Public Safety 422a. Schedule A 422b. Schedule C 422c. Schedule C 422d. Schedule A- Public Safety 423a. Schedule A- Public Safety 423b. Schedule A- Public Safety 423c. Schedule A- Public Safety 424. Schedule C Taxicab Rule Penalty- Schedule' 425. Schedule A- Public Safety 426. Schedule A- Public Safety 427. Schedule A 428. Schedule A- Conduct 429. Schedule A 430a. Schedule A 430b. Schedule A 430c. Schedule A 430d. Schedule A 430e. Schedule A 430f. Schedule A- Conduct 4308. Schedule A- Conduct 430h. Schedule A 4301. Schedule A- Conduct 430j. Schedule A- Conduct 430k. Schedule A- Conduct 4301. Schedule A- Conduct 430m. Schedule A-Conduct 430n. Schedule A 430o. Schedule A 431. Schedule A 432. Schedule A- Conduct or Schedule C- Conduct at the Discretion of the City 433. Schedule A 434a. Schedule A-Conduct 434b. Schedule A 435. Schedule C 436. Schedule A 437. Schedule A 438. Schedule A 439a. Schedule C 439b. Schedule C- Conduct 439c. Schedule C 440. Schedule A- Conduct 441. Schedule C- Conduct 442. Schedule A 443. Schedule A 444. Schedule A 445. Schedule A 446. Schedule A 447. Schedule A- Public Safety 448. Schedule A 449. Schedule A 450. Schedule A 451. Schedule A 452. Schedule A Taxicab Rule Penalty Schedule 453. Schedule A 454. Schedule A 455. Schedule A 456a. Schedule A 456b. Schedule A 456c. Schedule A 456d. Schedule C 457. Schedule A 458. Schedule A 501. Schedule D 502. Schedule B 503. Schedule A- Conduct or Schedule B- Conduct 504. Schedule B- Conduct 505. Schedule B- Conduct 506. Schedule B 507. Schedule B 508. Schedule B- Conduct 509. none 510. none 511. none 512. none 513. none 514. none 601. Schedule A or Schedule B 602. Schedule B- Public Safety 603. Schedule A- Public Safety or B- Public Safety 604. Schedule A or Schedule B 605. Schedule A- Conduct or Schedule B- Conduct 606. Schedule A- Public Safety or Schedule B - Public Safety 607a. Schedule A or Schedule B 607b. Schedule A or Schedule B 607c. Schedule A or Schedule B 607d. Schedule A- Conduct or Schedule B- Conduct 607e. Schedule A- Conduct or Schedule B- Conduct 607f. Schedule A- Conduct or Schedule B- Conduct 6078. Schedule A or Schedule B 608. Schedule A- Public Safety or Schedule B - Public Safety 609. Schedule A- Public Safety or Schedule B- Public Safety 610. Schedule A or Schedule B 611. Schedule A or Schedule B 612. Schedule A- Public Safety or Schedule B- Public Safety 613. Schedule A- Conduct 614. Schedule A or Schedule B 615. Schedule B 616. Schedule B Taxicab Rule Penalty Schedule 617. Schedule B 618. Schedule B 619. Schedule B 620. Schedule B 621. Schedule B 622. Schedule B 623. Schedule A or Schedule B 624. Schedule A— Conduct or Schedule B- Conduct 625. Schedule A— Conduct or Schedule B- Conduct 626. Schedule B 627. Schedule B 628. Schedule B 629. Schedule A- Public Safety or Schedule B— Public Safety 630. Schedule C or Schedule D 631. Schedule A— Public Safety or Schedule B- Public Safety 632. ScheduleB — Public Safety 701. none 702. none 703. none Adopted and approved this 13th day of December, 2011. p" ?,6c� Richard Bloom, Mayor I, Denise Anderson- Warren, Acting City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10641 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 13th day of December, 2011, by the following vote: Ayes: Councilmembers Noes: Councilmembers Holbrook, McKeown, O'Connor, Shriver Mayor Pro Tern Davis, Mayor Bloom None Absent: Councilmembers: O'Day ATTEST: Denise Anderson - Warren, Acting City Clerk