(a)
Requirement—Exceptions.
No person shall engage in the business of transporting passengers
in a vehicle or vehicles over the streets of the city, where such
passengers' trips originate from points within the city, whether any
such vehicle used is a taxicab, bus, ambulance, limousine, automobile
for hire, or other public transportation vehicle, unless such person
operating such business or engaging therein is acting pursuant to
a franchise, license, permit or contract to do so from the city council.
This section shall also apply to any business carrying passengers
from a principal point or points of origin outside the city but which
regularly carries the passengers over the city streets as a major
portion of the journey or journeys. This section shall not, however,
be deemed applicable to any business of renting automobiles or other
vehicles without drivers, nor to any passenger carrier operated by
a public agency or entity or to any passenger carrier operating pursuant
to express and specific permission granted by superior authorized
agency such as the State Public Utilities Commission or the Interstate
Commerce Commission.
(b)
Qualifications—Conditions.
Before granting any license, permit, franchise, or contract
to conduct a passenger-carrying business upon the streets of the city,
the city council shall find and determine that the public convenience
and necessity require the operation of the proposed new or increased
passenger-carrying business. The council shall also determine that
the applicant is of good moral character and financially responsible,
has and will carry adequate insurance to protect the public, and will
use and continue to use vehicles safe and adequate for the intended
purposes. The council may grant any entitlement for a fixed term or
on an indefinite time basis, and subject to conditions and requirements
deemed necessary or desirable in the public interest. The conditions
and requirements attached to any such entitlement shall be subject
to periodic review, modification, addition or deletion at such times
as the council may prescribe in such entitlement or at the time any
periodic review, or at any time the council finds and determines such
action to be necessary in the public interest after a change in circumstances.
(c)
Revocation
or Suspension.
Any such license, permit, franchise, or contract to conduct
a passenger-carrying business shall be subject to revocation or suspension
by the city council after the holder thereof has been afforded opportunity
for a due-process hearing, where the holder is found to have failed
to maintain its operations up to standards prescribed herein or as
conditions or requirements contained in or attached to the license,
permit, franchise or contract.
(d)
Fares,
Charges and Prices.
In any such franchise, license, permit or contract, or in the conditions or requirements attached thereto pursuant to subsections (a) and (b) of this section, the holder thereof may, in the discretion of the city council, be required to file with the city manager a tariff or schedule of fares listing any and all fares, charges, fees, prices, costs and the like which are to be charged to members of the public during the course of business. If the city council requires the holder to file such tariff or schedule of fares with the city manager, the holder shall also file updated tariffs or schedules of fares as the holder modifies or revises same. The filing of such tariff or schedule of fares with the city manager shall be for informational purposes and holder who otherwise satisfies the requirements contained in this chapter shall not be required to obtain approval of its tariff or schedule prior to conducting a passenger carrier operation in the city.
(e)
City
Fees.
Any person seeking any entitlement or taking any other action
prescribed or provided for by or within this section shall pay any
applicable fee which may have been prescribed by resolution of the
city council.
(f)
Fare
Posting.
In any such franchise, license, permit, or contract, or in the conditions or requirements attached thereto pursuant to subsections (a) and (b) of this section, the holder thereof shall post its schedule of rates for public view. Said posting shall be provided via a twelve inch by eighteen inch sign on the passenger side of the vehicle either on a permanent sign on the side of the vehicle or on a temporary sign displayed in the window. Said posting shall list the "Flag Drop" and "Per Mile" rates, and shall be in letters not smaller than two inch in height. If the rates are provided via a sign in the window, said sign shall be displayed while on the taxicab stand and shall be removed prior to placing the vehicle in motion.
(Prior code § 6300; Ord. 914 § 5B, 1971; Ord.
1079 § 1, 1978; Ord. 1362 § 1, 1990; Ord. 1365 §
1, 1991)
No driver of any taxicab, automobile for hire or motorbus shall
permit more persons to ride in the driver's compartment thereof than
can be seated in the regular seats in said compartment, or permit
any person to sit or stand at any place in or on said taxicab, automobile
for hire or motor bus where such person obstructs the driver's view
of traffic ahead or to either side.
(Prior code § 6367.1)
When a taxicab or automobile for hire is engaged, the occupants
shall have the exclusive right to the full and complete use of the
passenger compartment, and no owner or driver of said taxicab shall
solicit or carry additional passengers therein.
(Prior code § 6368)
It is unlawful for any person to refuse to pay the legal fare
of any of the vehicles mentioned in this chapter, after having hired
the same.
(Prior code § 6369)
It is unlawful to charge, collect or receive any other or different
compensation for the use of such taxicab or automobile for hire than
that specified in the tariff or schedule of fares on file and at the
time in effect.
(Prior code § 6396)
(a)
No
person shall operate a taxicab vehicle in the city without first having
obtained a city operator's permit from the business license collector
pursuant to the provisions of this chapter. Said permit shall be valid
for a period of three years after the date of issuance unless earlier
suspended or revoked.
(b)
The
business license collector may issue an operator's permit to an applicant
upon being furnished with an authenticated copy of an equivalent operator's
permit issued by another governmental agency located in Riverside
County if the business license collector determines that a satisfactory
investigation of the applicant's qualifications has been made. Upon
such determination, the investigation otherwise required by this chapter
shall not be required.
(Ord. 1258 § 1, 1986)
(a)
A
permittee, while operating a taxicab in the city, shall at all times
be possessed of a current operator's permit, which permit shall be
prominently displayed on the dashboard or sun visor.
(b)
The
permittee shall surrender to the business license collector said current
operator's permit forthwith when the permittee's affiliation with
the fleet, company, or association indicated on the permit is terminated,
or upon suspension or revocation of said permit.
(c)
The
permittee shall not operate a taxicab unless said permittee has a
valid California driver's license and such other licenses and permits
as may be required by any governmental agency. If the permittee's
driver's license or other required license or permit is at any time
suspended or revoked, the permittee shall immediately notify the business
license collector in writing of such suspension or revocation and
shall surrender said operator's permit to the business license collected
forthwith.
(d)
The
permittee shall operate a taxicab only for the fleet, company, or
association stated on the operator's permit. The operator's permit
shall become immediately null and void upon termination of permittee's
association with said fleet, company or association.
(e)
The
issuance of an operator's permit shall not constitute a grant of authority
to violate any provisions of this code, or of any other ordinances
or regulations of the city or any other duly enacted law or regulation.
(Ord. 1258 § 1, 1986)
(a)
An
applicant for an operator's permit shall file with the business license
collector an approved application form which shall contain the following
information:
(1)
Applicant's full name, address, and age;
(2)
Applicant's last two previous addresses;
(3)
Applicant's business, occupation, or employment for the three years
immediately preceding the date of application;
(4)
A listing of all equivalent permits which have been issued to applicant
by any governmental agency, including the name of each issuing governmental
agency, the time period when each permit was in effect, and the reason
for termination of each permit;
(5)
Applicant's height, weight, sex, and color of eyes and hair;
(6)
One portrait photograph of the applicant at least two inches by two
inches and a complete set of applicant's fingerprints which shall
be taken by the chief of police or his agent;
(7)
The number and expiration date of applicant's California driver's
license and each and every other required license or permit, the endorsement
of the owner of the fleet, company, or association for which applicant
will be operating a taxicab;
(8)
All criminal convictions other than minor traffic violations, including
dates of conviction, the charges leading to the conviction, and the
court where the conviction was rendered; and
(9)
Authorization for the city, or its agents or employees, to seek information
and conduct an investigation into the truth of the statements set
forth in the application and the qualifications of the applicant.
(b)
The
application shall be referred to the chief of police who shall conduct
an investigation of the applicant, which investigation shall include
verification of the information provided in the application and such
other matters as are necessary for the public safety and well-being.
(c)
The
operator's permit shall not authorize operation of a taxicab for any
fleet, company, or association, except as therein shown.
(d)
The
business license collector shall deny the application for operator's
permit if it is found that:
(1)
Applicant is under the age of eighteen years;
(2)
Applicant does not possess a valid California driver's license;
(3)
Applicant has been convicted of reckless driving, driving under the
influence of alcohol, or driving under the influence of a controlled
substance, within three years preceding the date of application;
(4)
Applicant is unable to demonstrate to the satisfaction of the business
license collector, applicant's ability to properly perform the work
which applicant would be authorized to do by said permit, applicant's
ability to communicate in English, applicant's ability to locate,
with the aid of a street atlas, street addresses and intersections,
and the ability to communicate points of interest;
(5)
Applicant has been convicted of or has pleaded guilty to two or more
moving violations of state or city traffic vehicle laws within the
year preceding the date of application or five such violations within
the four years preceding the date of application; or
(6)
The character, reputation or moral integrity of applicant as it relates
to the operation of a taxicab is found to be inimical to the public
health, safety, or general welfare.
(Ord. 1258 § 1, 1986)
An operator's permit fee in an amount to be established from
time to time by resolution of the city council shall be paid to the
business license collector upon filing of the permit application.
(Ord. 1258 § 1, 1986)
(a)
The
city council shall have the power to suspend for an appropriate period
of time or revoke an operator's permit issued pursuant to this chapter
if, after public hearing, it shall find that the permittee has made
a false statement on his permit application, has committed an act
in violation of this chapter, that there exists a state of facts which
would have constituted good and sufficient reason to deny the issuance
of an operator's permit when applied for, regardless of when such
state of facts arose, or if the protection of the public peace, health,
safety or general welfare requires such revocation or suspension.
(b)
When,
in the opinion of the business license collector, a permittee becomes
an immediate and significant threat to the public safety and welfare,
the business license collector may summarily suspend said permittee's
operator's permit for a period of time not to exceed sixty days. Upon
such summary suspension, the business license collector shall forthwith
bring the matter before the city council for public hearing at its
next regularly scheduled session. The city council shall, for good
cause shown, have the power to remove the summary suspension, increase
suspension for an appropriate period of time, or revoke the permittee's
operator's permit.
(c)
All
notices of public hearing pursuant to this section shall be served
on the permittee and on the fleet, company or association shown on
the operator's permit, by personal service or by certified mail.
(Ord. 1258 § 1, 1986)
The city council finds that regulations governing the operation
of horse drawn carriages for hire in urban areas are necessary in
order to protect the safety and well being of horses, as well as to
protect the safety of passengers and the public from traffic hazards
created by these vehicles.
(Ord. 1622 § 2, 2003)
Unless it appears from the context that a different meaning
is intended, the following words, as used in this chapter, shall have
the following meaning:
means a device upon which any person may ride, propelled
by horse power, constructed in such a manner, and authorized pursuant
to this chapter, to engage in the business of carrying passengers
for hire along a route of travel.
means the city manager of the city of Palm Springs, or his/her
representative.
means and includes every person who drives, operates, controls
or is in charge of any horse-drawn carriage as defined by this chapter.
means any animal of the genus equus.
means the permit issued by the city manager authorizing operation
of a horse-drawn carriage pursuant to the provisions of this chapter.
means the written authority by city and evidence by the issuance
of a document and/or decal granting a person the right to operate
a horse-drawn carriage upon any public right-of-way within the city
as provided in this chapter.
means any person to whom a horse-drawn carriage permit is
issued pursuant to the provisions of this chapter.
means a natural person, his heirs, executors, administrators
or assigns, and also includes a firm, partnership or corporation,
its or their successors or assigns, or the agent of any of the aforesaid.
(Ord. 1622 § 2, 2003)
No person shall drive, operate or cause to be operated, nor
shall any person employ, permit or allow another to drive, operate
or cause to be operated by way of lease, contract, agreement permit,
license or understanding, a horsedrawn carriage upon any public right-of-way
within the city without a permit first having been obtained as provided
in this chapter.
(Ord. 1622 § 2, 2003)
Any person desiring a permit to operate a horse-drawn carriage
as provided by this chapter shall file an application therefor with
the city manager. Such application shall be verified by oath of the
applicant, if applicant is a corporation, partnership, association
or unincorporated company, and which application shall set forth the
name and address of the applicant, if a natural person; or if a corporation,
its name, date and place of incorporation, address of its principal
place of business and the names of all its officers, together with
their respective addresses; or if a partnership, association or unincorporated
company, then the names of the partners comprising the partnership,
association or company, together with their respective ages and addresses.
The application shall also state the trade name or style, if any,
under which the applicant proposes to operate, full information pertaining
to operations and the manner in which such proposed operations are
to be conducted, the type, model, capacity and condition of the horse-drawn
carriage proposed to be operated, and such other or additional information
as the city manager may require.
(Ord. 1622 § 2, 2003)
(1)
The
city manager shall, upon receipt of the application, make full and
complete inquiry into the facts set forth therein and shall either
grant or deny a permit upon the proposed terms, or upon terms other
than those proposed. The permit shall be for a specified number of
vehicles and horses which may be increased only by action of the city
manager, be for a six month period; provided, that in either event,
the permit shall contain a clause authorizing its revocation or suspension
in accordance with the ordinances of the city either in effect at
the date of granting the permit or thereafter adopted. When issued,
the permit shall constitute evidence of compliance with the terms
of this chapter and shall authorize the permittee to operate a horse-drawn
carriage under the conditions there specified; subject, however, to
the requirements, obligations and limitations imposed by other applicable
laws, ordinances, and orders of the city council, and shall become
effective when approved by the city manager.
(2)
The
city manager shall issue a permit when all of the following conditions
listed below are met:
(a)
The proposed carriage route and time of operation will not substantially
interrupt public transportation or other vehicular and pedestrian
traffic in the area.
(b)
The carriage route will not cause an unreasonable conflict with construction
or development in the public rightof-way or at a public facility.
(c)
The safe operation of the carriage on the route will not require
a great number of police employees for enforcement.
(d)
The operation of the carriage will not unduly interfere with the
movement of police, fire, ambulance and other emergency vehicles on
the streets.
(e)
The proposed carriage route will not substantially interfere with
any other carriage route for which a permit has already been granted.
(f)
The operation of the carriage route will not have an unmitigable
adverse impact upon residential or business access and traffic circulation
In the same general venue.
(Ord. 1622 § 2, 2003)
(1)
A
nonrefundable application fee to defray the cost of processing the
application for a permit under this chapter shall be required to be
paid by every applicant seeking such a permit.
(2)
Additionally,
a permit fee shall be required to be paid by each applicant whose
application for a permit has been granted pursuant to the provisions
of this chapter, to defray a proportionate share of the costs of administering
this permit.
(3)
The
city manager is authorized to establish the initial amount of the
application and permit fees which amount shall not exceed the actual
cost of processing the application and administering the permit. Subsequently,
such fees shall be ratified and set by resolution of the city council.
(Ord. 1622 § 2, 2003)
(1)
A
business license shall be obtained and the fee therefor shall be paid
as prescribed by the business license provision of this code by every
person to whom a horse-drawn carriage permit has been granted pursuant
to this chapter.
(2)
No
permittee under this chapter shall operate or permit operation of
any horse-drawn carriage in violation of this chapter or of the permit
issued pursuant to this chapter.
(3)
No
person granted a permit under this chapter shall conduct any operation
or give any service other than the service authorized by the permit
granted in accordance with the provisions of this chapter.
(Ord. 1622 § 2, 2003)
Every horse-drawn carriage operated pursuant to these provisions
shall have displayed thereon its permit/decal in the manner and form
as may be prescribed by the city manager.
(Ord. 1622 § 2, 2003)
Every person conducting the business of horse-drawn carriages
in the city and any person driving such a carriage for such a business
shall comply with each and all of the following provisions and restrictions.
(1)
Carriages.
(A)
Carriages shall be kept in good working order and maintained in a
clean and attractive manner.
(B)
All carriages will have no less than one and one-fourth inch spoked
wheels with a rubber covering thick enough to protect the streets
from damage and to keep noise to a minimum.
(C)
Warning taillights shall be mounted at the rear of the carriage and
shall be operated in a flashing mode continuously while the carriage
is in traffic and shall conform to all applicable requirements of
the California Vehicle Code.
(D)
All carriages shall be fitted with reflected decals on both shafts
of the carriage at the shoulder of the horse.
(E)
All carriages must have its rated seating capacity posted on the
vehicle.
(F)
Carriages shall not ferry more people than the carriage was designed
to hold.
(G)
No one other than the driver, a company employee or apprentice may
sit in the driver's seat.
(H)
All carriages shall have their rates or other charges for hire posted
in a clear and conspicuous manner, free from obstruction and clearly
visible to the public.
(I)
A "Slow Moving Vehicle" emblem shall be attached to the rear of the
carriage.
(J)
No horse-drawn carriage shall display advertising on its exterior
or in its interior.
(K)
Carriages must have sufficient steel in them to cause them to actuate
traffic signal detector loops.
(L)
All carriages shall be equipped with a horn or warning device which
shall be in good working order and capable of emitting sound audible
under normal conditions from a distance of not less than 40 feet,
but no horn shall emit an unreasonably loud or harsh sound.
(M)
Carriages/animals shall be fitted to be able to immediately remove
any and all horse droppings from the streets or public rights-of-way,
or to prevent such droppings on the streets and public rights-of-way.
(N)
Carriages shall not travel at a speed faster than a slow trot.
(O)
Each carriage shall be equipped with hydraulic brakes capable of
stopping the carriage and adjusted so as to provide equal braking
to each wheel without locking.
(P)
Carriages should be equipped with a fifth wheel or cut under turning
mechanisms on the front axle.
(2)
Horse.
(A)
No horse may be used to draw a carriage unless the animal is in good
health.
(B)
No horse shall be used to draw a carriage unless the animal has been
acclimatized to the conditions (i.e., sights, sounds, movement, etc.)
inherent in the intended job.
(C)
The horse may not have any open sores or wounds, nor may such horse
be lame or have any other ailments, unless the driver has in the driver's
possession a written statement by a veterinarian that the horse is
fit for such work, notwithstanding such condition.
(D)
The hooves of the horses must be properly shod, utilizing rubber
shoes or pads to prevent concussion injures.
(E)
The horses must be properly cleaned, with no offensive odors or caked
dirt or mud.
(F)
No horse shall be used if that horse is demonstrating any signs of
exhaustion.
(G)
No bit, harness, tack, blanket, piece of equipment or tool shall
be used upon a horse unless that item is appropriately clean, safe
for use and, if applicable, properly fits the animal.
(H)
No horse shall work more than eight consecutive hours or ten hours
with a one and one-half hour break, disconnected from the carriage,
in a twenty-four-hour period.
(I)
No horse shall work more than six days in a seven day period.
(J)
All horses used in the business shall be at all times treated in
a humane manner.
(3)
Operators
and Drivers.
(A)
No person under the age of eighteen years shall drive a horse-drawn
carriage.
(B)
No person shall operate a horse-drawn carriage while under the influence
of alcoholic beverages or drugs.
(C)
Every person operating a horse-drawn carriage must speak, read and
write the English language.
(D)
Every person operating a horse-drawn carriage shall be subject to
all applicable laws, rules, and regulations of this code and the Vehicle
Code of the state of California.
(E)
Each driver must present a statement that the driver is free of defective
vision and hearing, not subject to epilepsy, vertigo, heart disease,
or other infirmities which may substantially impair the ability to
safely operate a vehicle.
(G)
Each driver must demonstrate his or her ability
to drive and care for the horse and equipment.
(H)
Each driver must have his or her valid driver's license in his or
her possession while operating a carriage.
(I)
Drivers are prohibited from smoking, eating or wearing head phones
while the carriage is in motion for optimum safety and control of
the horse and carriage.
(J)
No driver shall abandon his or her carriage, permit another to drive
the carriage, except an apprentice, or permit any passenger to ride
on the driver's seat.
(4)
Operations.
(A)
No person shall operate a horse-drawn carriage in any manner which
impedes or blocks the normal or reasonable movement of pedestrian
or vehicular traffic unless such operation is necessary for safe operation
or in compliance with law.
(B)
No person shall operate a horse-drawn carriage over any route not
designated in the permit for the operation of such horse-drawn carriage.
(C)
Whenever a horse-drawn carriage is not available for hire, said horse-drawn
carriage shall be stored at a place in a manner as approved by the
city.
(D)
There should be no operation along any street which is configured
so as to force motor vehicles to cross a centerline or make any other
unsafe maneuver in order to get around a slow-moving carriage.
(E)
Horse-and-carriage standing areas (while awaiting a fare) must be
in a location which does not impede free flow of motor vehicles and/or
access to designated parking stalls as approved by the city as a part
of the permit application process.
(F)
When operating on a multi-lane street, carriage shall keep to the
right as far as possible except when preparing for a left turn.
(G)
Carriages shall not operate in any other manner not specifically
addressed herein which is judged by the city's traffic engineer to
be unduly hazardous or congestive in its effects. The city's traffic
engineer reserves the right to impose upon a carriage operator at
any time any specific restrictions deemed necessary in the interest
of public safety or welfare.
(H)
Carriages shall observe specifically prescribed non-operating hours
in specific zones or on specific streets.
(I)
Horse drop-off location and storage/housing facilities, including
parking for hauling vehicles and horse trailers, as well as all proposed
routes and hours of operation, must be approved by the city as a part
of the permit application process.
(J)
The driver of a carriage shall not stop such vehicle upon any public
street for the purpose of loading or unloading passengers other than
at a designated horse-drawn carriage stand, other than in the case
of an emergency, or by special permit issued pursuant to this chapter.
(K)
Carriages shall, to the extent possible, make right turn movements
onto any street if at the point of entry which is controlled by a
stop sign. Crossing movements and left turns should generally be made
at signalized intersections.
(L)
The city manager is authorized to establish set hours of operation
for horse-drawn carriages if in the determination of the city manager
such hours are reasonably necessary for the preservation of health,
safety or property.
(M)
Special charter trips may travel on different routes and/or pick
up or drop off passengers at locations other than those established
by this chapter if a special permit is obtained in addition to a regular
carriage permit. There shall be a separate fee of twenty-five dollars
charge for application processing of a special event carriage permit.
(Ord. 1622 § 2, 2003)
At all times permittee shall indemnify, keep indemnified, save
harmless, and defend the city, its officers, agents and employees
from and against any injury, loss, damage, liability, claim and expense
of any kind which the city or any of its officers, agents and employees
may sustain, incur or pay and from all actions which may be connected
with any of the operations of permittee.
Permittee shall procure and maintain at its cost, during the
term of the permit and any renewals thereof, from an insurer admitted
in California or having a minimum rating of or equivalent to A:VIII
in Best's Key Rating Guide, comprehensive general liability insurance,
endorsed to cover the use of all horse-drawn carriages operated pursuant
to the permit, with a combined single limit of at least one million
dollars for each occurrence or two million dollars general aggregate.
The city, its officials, employees and agents shall be covered as
additional insureds with respect to liability arising from the operations
of the permittee. Said insurance shall be primary insurance with respect
to the city and shall contain an endorsement requiring thirty days
prior written notice from insurers to the city and permittee before
cancellation or change of coverage.
Permittee shall file certificates of insurance and original
endorsements containing the original signature of a person authorized
by the insurer to bind coverage on its behalf and evidencing the coverage
required herein for approval as to sufficiency and form prior to the
start of operations pursuant to the permit. The city reserves the
right to require complete certified copies of all policies at any
time.
Said insurance may provide for such deductibles or self-insured
retention as may be acceptable to the city's risk manager. In the
event such insurance does provide for deductibles or self-insured
retention, permittee shall fully protect the city, its officials and
employees in the same manner and to the same extent as they would
have been protected had the policy not contained a deductible or retention
provisions.
Insurance required herein shall not be deemed to limit permittee's
liability under this chapter. Any modification or waiver of these
insurance requirements shall only be made with the written approval
of the city's risk manager.
(Ord. 1622 § 2, 2003)
Each company shall conduct regular safety inspections of their
carriages. No vehicle shall be allowed into service that has lights,
brakes or other safety features that are inoperable. Each company
that has been issued a permit under this chapter shall at all times
allow the city complete access to any horse or carriage for the purposes
of inspection. Any carriage found to be unfit for operation upon inspection
shall be removed from service.
(Ord. 1622 § 2, 2003)
Any person who violates any of the provisions of this chapter,
or of any permit issued under this chapter, shall be guilty of a misdemeanor.
(Ord. 1622 § 2, 2003)
(a)
Signs
and Markings on Vehicles.
All taxicabs operated under the provisions of this chapter,
when situated or operated upon the streets of the city, shall have
a sign attached to or printed upon such vehicle reading "Taxi" or
"Cab," and if desired such signs as may designate the trade name under
which such vehicle is operated; provided, however, that it shall be
unlawful for the operator of any such vehicle for hire operated under
the provisions of this chapter to permit any other signs, either painted
or attached to such vehicle, to be displayed thereon except as permitted
or required by this chapter.
(b)
Advertising
Material Permitted on Certain Vehicles.
The operators of taxicabs shall be permitted to display advertising
material on taxicabs and make a charge for such space, provided that
such advertising matter shall be displayed only by one of the following
methods:
(1)
In the rear window of such taxicab.
(2)
In an A-shape frame or holder on the roof of such taxicab which may
be illuminated to display the advertising material contained herein.
Such frame or holder and any permanent sign contained therein shall
be noise-free and shall not protrude over the front or back edges
of the taxicab roofline which is the point where the roof, windshield
and rear windows of the vehicle are joined.
(A)
If an ad carrier replaces the top light of a taxicab, the ad carrier
shall have two amber cheater lights that illuminate when the taximeter
is turned on.
(B)
The name of the taxi company shall be printed in letters at least
two inches in size on both ends of the ad carrier.
(C)
The ad carriers shall illuminate when the headlights are turned on.
(D)
Signs which have changing messages, rotate, move, flash, reflect,
blink, or appear to do any of the foregoing shall be prohibited.
(E)
An emergency display light (bandit light) shall be installed on the
ad carrier and shall illuminate green in color so as not to confuse
it as a meter light.
(F)
The ad carrier shall not exceed fifty-six inches in length, nineteen
inches in width, and seventeen inches in height extending from the
roof of the taxi.
(G)
The ad carrier's base mount shall be attached by bolts or rivets
securing the ad carrier, preventing the ad carrier from becoming dislodged.
(H)
Ad carriers may use either a fluorescent light or incandescent lamp.
(I)
The ad poster shall be a digital output graphic on translucent vinyl.
(J)
The cover of the ad carrier shall be made of the industry standard
plastic as used in taxi top lights.
(c)
Taxi
signs may become subject to any franchise or other subsequently adopted
ordinance that is applicable, including any new fees.
(d)
Compliance
With Section—Nuisance—Abatement.
(1)
Upon discovering the existence of a taxicab sign that does not comply
with the above stated limitations, the building and safety manager
shall have the authority to order the immediate abatement and removal
thereof. The building and safety manager shall notify the owner thereof,
or the owner's representative, in person or by mailing an abatement
notice to the owner's last known address. Such notice shall state
the time limit, if any, granted for removal of the sign and a statement
that the owner may request a hearing to appeal the abatement and removal
by submitting a written request.
(2)
Any hearing to appeal an abatement order which is requested shall
be conducted within thirty days of the receipt of the request by the
administrative appeals board. The failure of either the owner or his
agent to request a hearing shall waive the right to a hearing. At
the hearing, the administrative appeals board shall determine whether
good cause was shown for the abatement of the sign. The written decision
of the administrative appeals board shall be deemed the final administrative
determination.
(Ord. 1661 § 1, 2004; Ord. 1662 § 1, 2004)
