O2404City Council Meeting 07 -24 -2012
Santa Monica, California
ORDINANCE NUMBER 2404 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA AMENDING
SANTA MONICA MUNICIPAL CODE CHAPTER 6.49
REGARDING TAXICABS AND SANTA MONICA MUNICIPAL
CODE SECTION 6.16.030 REGARDING THE HEARING
PROCEDURE FOR ADMINISTRATIVE APPEALS
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;
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WHEREAS, Section 6.16.030 of the Santa Monica Municipal Code sets forth the
hearing procedure for administrative appeals;
WHEREAS, Section 6.49.150 of the Santa Monica Municipal Code sets forth the
hearing procedures and penalties for violations of taxicab rules and regulations, to be
administered by the Police Department; and
WHEREAS, Chapter 1.09 of the Santa Monica Municipal Code sets forth the
administrative citation procedures for issuing citations and administering hearings; and
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WHEREAS, the Code Compliance Division has assumed responsibility for the
enforcement of taxicab rules and regulations; and
WHEREAS, the City strives to establish a clear, fair, effective and administratively
efficient system for regulating taxicabs and for providing administrative hearings; and
WHEREAS, in order to eliminate confusion and inconsistencies between different
administrative hearing procedures in the City and to improve administrative efficiency and
facilitate due process, the City desires to apply the provisions of Chapter 1.09 to the
administration of taxicab rule violations and hearings, and to clarify the provisions of
Section 6.16.030.
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOLLOWS: ,
SECTION 1. Section 6.16.030 of Chapter 6.16 of Article VI of the Santa Monica
Municipal Code is hereby amended to read as follows:
6.16.030 Appeal procedure.
(a) The Hearing Examiner shall be the City Manager or designee. The Hearing
Examiner shall not have had any prior direct involvement with the matter pending before
him or her. If no City staff is capable of conducting the hearing, then the City shall contract
with the California Office of Administrative Hearings ( "OAH ") to conduct the hearing.
(b) Standards. The Hearing Examiner may suspend, revoke or deny a license or
permit whenever, in the reasonable judgment of the Hearing Examiner, the suspension,
revocation or denial is in accordance with any applicable law.
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(c) Hearing Request. Any person aggrieved by an action appealable to a Hearing
Examiner shall be entitled to a hearing upon filing a written request therefor with the City
Clerk not later than the tenth day following the mailing of a notice of the action from which
the appeal is taken.
(d) Hearing. The Hearing Examiner shall hold a hearing not later than sixty days
following receipt of the request by the City Clerk, unless an extension of the time is granted
by the Hearing Examiner, upon a finding of good cause. If the hearing is to be conducted
by OAH, it shall be scheduled as soon as practicable, consistent with OAH's calendar
availability.
The applicant shall be given no less than five days' notice of the time and place of
said hearing. The hearing shall be open to the public. Any interested party is entitled to be
heard and may be represented by counsel.
Any failure to comply with the time limits set forth in this subsection (d) does not
deprive the Hearing Examiner of jurisdiction to conduct the hearing or render a binding
decision.
(e) Decision of Hearing Examiner. The decision of the Hearing Examiner shall be
made promptly after the conclusion of the hearing. Notice of the decision shall be mailed
to the applicant at his or her last known mailing address.
(f) Stay Pending Hearing. The suspension or revocation of any permit or license
for which a request for review has been timely filed under this Section, shall be stayed
pending decision of the Hearing Examiner. Nothing in this subsection shall be construed to
require any officer or employee of the City to issue any permit or license.
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(g) Review of Hearing Examiner's Decision. The stay expires ten days after the
Hearing Examiner issues the decision. The Hearing Examiner's decision in all cases is
final except for judicial review. Such review must besought by petition under Code of Civil
Procedure Section 1094.5, not later than ninety days after the decision is issued.
SECTION 2. Section 6.49.110 of Chapter 6.49 of Article VI of the Santa Monica
Municipal Code is hereby amended as follows:
(a) No taxicab shall be operated within the City unless it is equipped with a taximeter
that is of a type and design approved by the California Department of Agriculture and that
has been inspected and certified by the Los Angeles County Agricultural
Commissioner/Weights and Measures. Every taxicab franchisee and driver using any
taximeter shall at all times keep such meter accurate and in conformity with requirements
of the California Department of Agriculture.
(b) Taximeters are subject to inspection at any time by any police officer of the City
or any other authorized inspector. Any vehicle equipped with an inaccurate taximeter is
subject to impound until said taximeter shall have been correctly adjusted, inspected, and
certified by the Los Angeles County Agricultural Commissioner/Weights and Measures.
(c) Taximeters shall be placed so that the reading dial displaying the amount to be
charged is well lighted and readily discernible by passengers.
(d) All rates to be charged for transportation by taxicabs, including both flat and
mileage rates, must be approved by resolution of City Council.
(e) All charges shall be based on taximeters at rates established by the City, and no
person shall charge, collect, demand, receive, or arrange for any compensation fortaxicab
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service an amount that exceeds the charges or rates established and authorized by the
City.
(f) Exceptwhere a flat rate is applicable, it shall be unlawful for a taxicab driverto do
any of the following:
(1) Set the taximeter in operation when such vehicle is not actually hired;
(2) Fail to set the taximeter to a non - recording position at the termination of each
and every service or call the attention of the passenger to the amount registered;
(3) Fail to activate the taximeter while carrying passengers or under hire; or
(4) Activate or operate the taximeter so as to denote a rate of fare different from that
authorized pursuant to this Chapter.
(g) No driver of any taxicab upon receiving payment of a fare thereon shall refuse to
give a receipt upon the request of any passenger making said payment.
SECTION 3. Section 6.49.130 of Chapter 6.49 of Article VI of the Santa Monica
Municipal Code is hereby amended as follows:
(a) Every taxicab driver and franchisee shall ensure that a taxicab identification
decal is displayed in each taxicab at all times. Such decal shall be issued and affixed by
the City to a specific area on the assigned taxicab as designated by the City.
(b) No person shall operate a taxicab without a current taxicab identification decal
for that specific vehicle.
(c) No taxicab identification decal issued shall be in any manner transferred or
assigned. Any decal that is transferred, assigned, or otherwise conveyed or stolen shall be
automatically revoked.
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(d) No applicant may be issued a taxicab identification decal until that applicant has
paid all applicable fees and all of his, her or its outstanding parking citations, including all
civil penalties and related fees.
SECTION 4. Section 6.49.150 of Chapter 6.49 of Article VI of the Santa Monica
Municipal Code is hereby amended as follows:
6.49.150 Penalties for violations of rules and regulations.
Any person who violates a rule or regulation adopted pursuant to Section 6.49.020
may be subject to an administrative citation pursuant to Chapter 1.09 of this Code. A
taxicab franchisee shall be responsible for the violation of a rule or regulation by a taxicab
driver operating under that franchisee, and shall be deemed a Responsible Partywithin the
meaning of Section 1.09.020 of this Code.
SECTION 5. 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 6. 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
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declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 7. 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 24th day of July, 2012.
Richard Bloom, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that
the foregoing Ordinance No. 2404 (CCS) had its introduction on July 10, 2012,
and was adopted at the Santa Monica City Council meeting held on July 24,
2012, by the following vote:
Ayes: Council members: Holbrook, McKeown, O'Connor, O'Day,
Mayor Pro Tern Davis, Mayor Bloom
Noes: Council members: None
Absent: Council members: Shriver
A summary of Ordinance No. 2404 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Maria M. Stewart, City Clerk