The regulations set forth in this chapter shall apply in addition
to any other regulations imposed by this code or by state law on businesses
operated within the city.
(Prior code § 11-120)
A. Insurance.
An ambulance operator shall keep in full force and effect at all times,
and shall file a certificate of that fact with the city clerk, a policy
of liability insurance in not less than the sum of five hundred thousand
dollars for injury to any one person, or the death of any one person,
in any one accident; in the sum of one million dollars for the injury
of two or more persons, or the death of two or more persons, in any
one accident; and in the sum of fifty thousand dollars for injury
or destruction of property in any one accident. The certificate of
insurance required prior to issuance of an ambulance operator permit
shall provide that the same shall not be canceled without a five-day
prior notice thereof given to the city clerk.
B. Rebates.
An ambulance operator shall not give directly or indirectly or cause
to be given any rebates, commissions, reserve rebates, or any reduced
rates or cash discounts to any person or persons, or groups of any
nature.
C. Rates.
An ambulance operator shall charge those rates specified in the permit
for services rendered.
(Prior code § 11-121)
Every auto wrecker shall keep records, upon forms as prescribed
by the law enforcement agency, of the required information relative
to automobiles wrecked or dismantled, and purchases, pledges or consignments.
(Prior code § 11-123)
A. Hours.
1. All
places where billiard tables or pool tables are maintained for public
use shall be and remain closed every day between the hours of two
a.m. and six a.m.
2. No
owner, manager, proprietor or other person having charge of any public
billiard or pool hall shall keep the same open or allow or permit
the same to be kept open or allow or permit any game to be played
therein from two a.m. until six a.m. of any day, or allow or permit
any person except such owner, manager, proprietor or person in charge
thereof, or the employees regularly employed in and about the same,
to be or remain therein between the hours aforesaid.
B. Disorderly
Persons. No owner, manager, proprietor or other person in charge of
any public billiard or pool hall shall allow or permit any intoxicated,
quarreling or disorderly person or persons to be or remain in such
place.
C. Admission
of Minors.
1. No
person under the age of eighteen years shall be permitted to play
at any game or lounge about or in any public billiard hall, pool hall
or gaming place within the city, unless accompanied by his or her
parent or guardian or upon the written consent of his or her parent
or guardian.
2. No
owner, manager, proprietor or other person in charge of any billiard
or pool hall shall allow or permit any person under the age of eighteen
years to be, remain in, enter or visit such place unless such minor
person is accompanied by one of his or her parents or his or her legal
guardian.
D. Minors—Where
Alcohol Sold. No person under the age of twenty-one years shall be
in, remain in, enter or visit any such public billiard or pool hall
in which any alcoholic beverages are sold or dispensed or offered
for sale.
E. Minors
Excluded Where Alcoholic Beverages Sold. Every owner, manager, proprietor
or other person in charge of any public billiard or pool hall in which
alcoholic beverages are sold or dispensed or offered for sale shall
prohibit and prevent every person under the age of twenty-one years
from being in, remaining in, entering or visiting such public billiard
or pool hall.
F. Obstruction
of Entrances. A person shall not maintain any public billiard or pool
hall, or similar place of business to which the public is invited,
or any social billiard or pool club, where there is placed, constructed
or maintained any screen, partition, barrier, closet, alcove or object
which may obstruct the visibility of any part of such establishment,
except restrooms:
1. From
the street or sidewalk, if such establishment is located on the ground
floor; or
2. From
the entrance of any establishment which is located either entirely
below the level of the street or sidewalk, or on the second or higher
floor of any building or other structure.
G. Permitting
Violations. No owner, proprietor or operator of any such establishment
shall permit a violation of subsections (A)(1) or (C)(1) of this section
within the establishment.
(Prior code §§ 11-124, 14-13; Ord. 812-96 § 12)
A. Any person or business operating or maintaining an alarm system as defined in Section
5.08.130(B) shall not operate such alarm system without a valid alarm permit.
B. To receive
an alarm permit the applicant shall comply with all sections of this
title, complete the application form and pay a fee in such amount
as may be established from time to time by resolution of the city
council. Alarm permits shall be valid for a period of one year.
C. No person
or business shall use any alarm system which is equipped with a direct
dial device and which, when activated, automatically dials any telephone
number in any office of the sheriff or operate any other device that
is otherwise unlawful to maintain.
D. The
provisions of this section are not applicable to audible alarms affixed
to motor vehicles or to a public telephone utility whose only duty
is to furnish telephone service pursuant to tariffs on file with the
California Public Utilities Commission.
E. A holder of an alarm permit will be allowed three false alarms, as defined in subsection
F, where there was a response from a law enforcement agency within a one-year period. Subsequent false alarm response(s) within twelve months from the time of the first alarm will result in an additional assessment against the permit holder. The fee for this assessment shall be in such amount as may be established from time to time by resolution of the city council. Failure to pay the assessment may result in the revocation of the alarm permit.
F. False
Alarm. "False Alarm" means an alarm signal activated by causes other
than the apparent evidence of the commission or attempted commission
of an unlawful act, which the alarm system is designed to detect.
An alarm signal activated by violent conditions of nature or a breakdown
in any utility service necessary for the proper use of the alarm system
shall not constitute a false alarm.
(Prior code § 11-125; Ord. 640-89 § 10; Ord. 648-90 § 3; Ord.
870-99 §§ 1— 3; Ord. 1087-13 §§ 1, 2)
No café, food establishment, public eating place or hawker
shall remain in business or operate any business unless there is in
effect a permit from the Los Angeles County Health Department for
conducting the same.
(Prior code § 11-126)
A. Minors.
A minor under eighteen years of age shall not enter, be or dance in
any public dance or club dance unless accompanied by the minor's parent
or legal guardian. Every parent or guardian of a minor under eighteen
years of age, and the proprietor or person in charge of any public
dance or club dance, shall prevent any such minor person from entering,
being or dancing in any public or club dance unless accompanied by
the minor's parent or legal guardian.
B. Exceptions. Subsection
A of this section does not apply to:
1. Any
place where the teaching of dancing is the principal purpose of the
establishment; or
2. Any
teenage dance, provided that admission to the dance as a participant
is confined exclusively to persons under eighteen years of age or
to certain age groups under eighteen years of age.
C. Intoxicated
Persons or Persons Under the Influence of Controlled Substances. Any
person who is in an intoxicated condition or under the influence of
a controlled substance shall not appear in or be in any place in which
there is any dancing while such dancing is in progress pursuant to
any permit issued pursuant to this title. A person who conducts or
assists in conducting any such dance shall not permit any intoxicated
person or person under the influence of controlled substances to appear
in, or be or remain at such place while such dance is in progress.
D. Hours.
A person shall not conduct or assist in conducting any public dance,
public dance hall or club dance between the hours of two a.m. and
six a.m. of any one day.
E. Permittee's
Responsibility Re: Minors and Alcoholic Beverages. A permittee shall
not permit or allow any person under the age of twenty-one years to
be in any public dance hall or any public dance or club dance when
alcoholic beverages are sold or served in the building or on the premises
where such public dance or club dance is being held or in which such
public dance is situated.
F. Minors
Prohibited Where Alcoholic Beverages Sold or Served. A person under
the age of twenty-one years shall not be in any public dance hall
or any public dance or club dance when alcoholic beverages are sold
or served in the building or on the premises where such public dance
is being held or in which such public dance hall is situated.
G. Report
By Owner Or Lessor of Premises. The owner, lessor or other person
who rents or leases any premises for the purpose of conducting any
dance therein, except a dance for the conduct of which a permit has
been issued pursuant to this title, before such dance, shall file
a report with the city law enforcement agency showing:
1. The
name and address of the lessor of such premises;
2. The
name and address of the person who is giving the dance and who is
responsible for the conduct thereof; and
3. If
the dance is to be given by an organized group, the name and address
of such group, firm, corporation or other organization.
(Prior code § 11-127; Ord. 812-96 § 13)
A. Definition.
"Garage or lawn sales," for purposes of this section, means the sale,
anywhere on the premises of property being used as a residence, of
miscellaneous items accumulated as a normal matter of course by the
occupant of such residence and by such other persons residing within
the city who may be authorized by the occupant to include their accumulated
items in the sale.
B. Permit
Required. Garage or lawn sales shall not be permitted in the city
unless a valid permit has been obtained from the finance department
and the appropriate fee paid.
C. Application.
1. Application
for permits shall be filed with the finance department.
2. The
application shall contain the following information:
a. The name and residence address of the applicant and the name and
address of all such persons who are participating in the sale;
b. The business address of the applicant;
c. The period for which the permit is requested;
d. General description of all items to be sold, including any serial
numbers; and
e. Such other information as the city may require.
3. The
permit shall not be issued unless approval is obtained from the finance
department and the department of community development.
D. Application
Fee and Time Period.
1. The
fee for a garage or lawn sale permit shall be such as the city council
may establish from time to time by resolution.
2. Such
permit shall be in force for a period not to exceed two consecutive
days and only one such permit may be issued to any one address during
any quarter of any calendar year, except that no such permit shall
be required during any clean-up program period officially designated
by the city council.
3. Violation of this section is deemed an infraction as defined in Chapter
1.08 of this code, and the amount of the fine shall be such as the city council may establish by resolution.
E. Requirements.
Persons conducting garage or lawn sales shall observe the following
requirements:
1. No
signs or devices used in connection therewith shall be placed on or
in any public right-of-way.
2. No
signs or devices advertising the sale shall be placed on any private
property, except one double-face sign not to exceed five square feet
in area (twenty-four by thirty inches) on each face may be displayed
at the site of the sale during the period of time that the garage
sale permit is in force.
3. A
copy of the garage sale permit shall be displayed at the site of the
sale.
(Prior code § 11-139; Ord. 708-92 § 1)
Hawkers and retail vendors of food and ice cream products shall
not operate any sound-amplifying equipment within the city between
the hours of eight p.m. of one day and eight a.m. of the next day.
(Prior code § 11-128)
A. Consent.
No person shall place or cause to be placed or painted upon any public
curb any house number unless the consent of the owner or the occupant
of the property immediately adjacent thereto has first been obtained
in writing.
B. House
Numbers. Numbers placed on the curb shall be in black paint in figures
of the size of three in height, and impressed upon a white background
of the size of five by eleven inches.
C. Identification
Card. Every person painting or placing numbers on the curbs as allowed
herein must at all times while engaged in such activity have in his
or her possession a valid, unrevoked identification card issued by
the city stating the person's name and address, the name and address
of the permittee and licensee, and the date of expiration of such
permit.
(Prior code § 11-129)
A. Records.
Every locksmith must make and keep such records as required by California
Penal Code Sections 466.6 and 466.8. In addition, every locksmith
shall keep the following records:
1. Name,
address, phone number, date of birth, and driver's license or I.D.
number of every person for whom a key is made on site by code and
number;
2. Name,
address, phone number, date of birth, and driver's license or I.D.
number of every person for whom a locked building, structure, house
or store, whether vacant or occupied, is opened and a key provided
therefor.
B. Inspection.
All records kept by any locksmith shall be made available for inspection
by the law enforcement agency upon request.
C. Stamping
of Keys Made. It is unlawful for any locksmith to fail to stamp the
serial number of his permit upon any key made, repaired, sold or given
away by such locksmith.
(Prior code § 11-130; Ord. 812-96 § 14)
A. Definition.
As used in this section, "mechanical or electronic game" means any
machine, apparatus, contrivance, appliance or device which may be
operated or played upon by the placing or depositing therein of any
coin, check, plate, disc, slug, ball, key or any other article or
device, or by the paying therefor either in advance of or after use,
involving in its use either skill or chance, including, but not limited
to, tape machine, card machine, marble game machine, horse racing
machine, football game machine, electronic video game, or other similar
machine or device.
B. Fees
and Permits Required. The operator of any mechanical or electronic
game and the proprietor of the premises on which the mechanical or
electronic game is located shall pay the necessary license fees and
obtain all required permits in accordance with the provisions of the
business license ordinance. A sticker or label shall be clearly affixed
to each such mechanical or electronic game showing that the game is
properly licensed.
C. Hours.
No proprietor, manager or employee of the premises on which the mechanical
or electronic game is located shall allow any minor under eighteen
years of age to play or use any mechanical or electronic game during
the academic year for Lawndale public schools between the hours of
seven a.m. and three p.m., except during school holidays and on Saturday
and Sunday, nor between the hours of ten p.m. of one day and seven
a.m. of the next day on all days preceding school days and between
twelve midnight and seven a.m. of any one day on all other days.
D. Exemption.
This section shall not include nor apply to any act which is made
a public offense by the
Penal Code of the State of California, or
by any other law of the state of California, or of the United States
government; nor shall this section authorize or be construed as authorizing
or permitting the keeping, maintaining, possessing, using or operating
in the city of Lawndale of any contrivance or device otherwise prohibited
by law.
E. Equipment.
No game, contrivance, or device shall be operated in such a loud or
noisy manner as to cause annoyance to passersby or persons in adjacent
premises.
F. Gambling.
No gambling or wagering of any kind shall be permitted on the premises.
(Prior code § 11-132; Ord. 913-02 § 24)
A. State
Permit. The owner and/or operator of a patrol system shall register
with the city and shall possess a valid California permit to conduct
business as a patrol system.
B. License
Not To Be Sold. The holder of a patrol system permit shall not sell
or offer to sell the transfer or relinquishment of the privilege to
operate a patrol system in territory assigned to such permit holder,
nor for any consideration whatever agree to advocate or not to oppose
the granting of any other patrol system permit.
C. Change
In Personnel. The holder of a permit to conduct a patrol system shall
inform the city clerk within five days after a patrolman is no longer
an owner, member or employee of such permittee, and shall return the
permit and badge of such patrol person to the law enforcement agency.
The city clerk shall remove such patrolman's name from the registration
record of such patrol system.
D. Patrolmen.
All patrolmen shall comply with all federal, state and county regulations
relative to training, equipment, certification and licensing.
E. Identification
to be Carried. While engaged in the duties as such, a patrolman shall
keep upon his person at all times his license and permit or a facsimile
thereof, and shall wear the badge issued by the law enforcement agency,
and no other badge of any kind, character or description, except for
such badges as may be issued by lawful government authority.
F. Badge
Not to be Transferred. A person shall not give, deliver or sell any
patrolman's badge or any badge of a design the same as, or so similar
to the patrolman's badge as to be mistaken therefor, to any private
person.
G. Unauthorized
Ownership. A person shall not purchase or receive as a gift, pawn
or pledge any patrolman's badge.
H. Duty
to Report. Permittees shall not perform official police or investigation
activities, but shall immediately report every violation of law and
every unusual occurrence to the nearest law enforcement agency or
police substation. A full report of such violation or other occurrence
shall be made without unnecessary delay to such substation.
(Prior code § 11-133)
A. Hours.
A pawnbroker, secondhand dealer, auctioneer, junk dealer, or his or
her agent or employee shall not accept any pledge or loan any money
on personal property, or purchase or receive goods, wares or merchandise,
or any article or thing whatsoever, or engage in or conduct business,
between seven p.m. of any day and seven a.m. of the following day.
B. Records.
Each pawnbroker, secondhand dealer, auctioneer and junk dealer shall
keep a register containing, in addition to the matters prescribed
by state law, a description of all property received or sold by him/her,
a description of all persons from whom he/she received such property,
and such other information as prescribed by the law enforcement agency.
C. Business
Regulations. In addition to other provisions of this chapter, pawnbrokers,
secondhand dealers, auctioneers, junk dealers and operators or owners
of every swap meet (licensees) shall be subject to the following provisions
and none of the foregoing shall violate the same:
1. Every
licensee shall enter upon the "buy-form" positive identification furnished
by the seller, pledgemaker or consignee, such as a driver's license
number, passport, auto or truck license number or identification cards
issued by United States or state government, in addition to the individual's
true name and address.
2. Licensees
shall not melt, destroy, sell or otherwise dispose of any articles
received (with the exception of coins and metals) which are reported
to the law enforcement agency until thirty days have elapsed after
making such report. Until such time has elapsed, the licensee shall
not clean, alter, repair, paint or otherwise change the appearance
of such articles.
3. The
law enforcement agency may release any property held during such period
if satisfied that the property is in the lawful possession of the
licensee. In addition, the law enforcement agency may place a holdorder
upon any property held during said period where the law enforcement
agency has reasonably determined that the property may be stolen.
The hold-order shall not exceed a period of ninety days, and upon
the release of such hold-order, the licensee shall keep a true record
of the property and include the true name and address of the person
to whom such property was sold or any other method of disposition.
No person shall sell, destroy or otherwise dispose of any property
while subject to such hold-order.
4. Exemptions.
The aforementioned provisions in respect to the destruction, sale
or disposal of property shall not apply to any of the following:
a. Property purchased from a business licensee or permittee holding
a similar city license or permit, if in the sale of such property
said business licensee or permittee had complied with all of the provisions
of this title; provided, however, that this exemption shall not apply
in the case of purchases made by junk dealers from junk collectors;
b. Property purchased on a bill of sale or invoice from a regularly
established place of business which has been dealing in that type
of article for not less than two years;
c. Purchases or sale by junk dealers or junk collectors of rags, bottles
other than milk or cream bottles, secondhand sacks other than cement
sacks, barrels, cans, shoes, lamps, stoves or household furniture
(with the exception of sewing machines and musical instruments) or
the purchase or sale by secondhand dealers of household furniture.
D. Reporting
Requirements. Once every twenty-four hours, each pawnbroker, secondhand
dealer, auctioneer or junk dealer shall make a report to the law enforcement
agency of the information contained in his or her register during
the preceding twenty-four-hour period, in the form and at the time
as prescribed by the law enforcement agency. A copy of the aforementioned
register shall be preserved for a period of at least two years, or
for such longer time as prescribed by law.
E. Firearms
and Weapons. Each pawnbroker, secondhand dealer, auctioneer or junk
dealer shall report to the law enforcement agency, in accordance with
federal, state and county regulations, information regarding the receiving
or selling of firearms and weapons.
F. Identification
Requirement. Every person who sells, pledges or consigns any property
to a pawnbroker, secondhand dealer, auctioneer, junk dealer or owner
or operator of a swap meet in the course of such business, except
household furniture, used tires or used batteries, shall furnish true,
positive identification to such business by which such person can
be located by the law enforcement agency.
(Prior code § 11-134; Ord. 913-02 § 25)
An owner of five or fewer residential rental units within the
city, none of which is owner-occupied, shall receive a credit of one
unit from the business license fee calculation. An owner of five or
fewer units, one of which is owner-occupied, shall have the owner-occupied
unit exemption and shall receive credit for one unit from the business
license fee calculation. Additionally, no setup fee shall be charged
for residential rentals consisting of one to five units.
(Ord. 672-91 § 2)
A. Unlawful
Activity. It is unlawful for any person within the city:
1. To
act as a solicitor unless such person has a valid permit issued by
the city in accordance with the terms and provisions of this title
and unless such solicitor has upon his or her person or with him/her
an identification card showing the existence of such valid permit;
2. To
fail or refuse to produce such identification card upon demand by
the law enforcement agent of the city or any person being solicited;
or
3. To
solicit anywhere that is posted "no soliciting or peddling."
B. Charitable
Solicitations.
1. Each
person making charitable solicitations within the city is required
to obtain a permit, which shall be issued free of charge. The charitable
organization, association or person seeking such a permit is required
to file an application with the finance director stating the name
and address of the organization, the name(s) and address(es) of the
solicitor or solicitors, the purpose of the charitable solicitation
and the days and places where the solicitation will be made. Where
the application is made by an individual charitable solicitor for
an organization, the individual shall present a letter of authority
from the organization authorizing the solicitation.
2. Upon
completion of such solicitation, the charitable solicitor or organization
shall file with the city a complete sworn or certified statement,
made under penalty of perjury, setting forth the amount of money collected
and the final disbursement of such funds.
3. No
person under the age of sixteen years shall engage in the activity
of charitable solicitations, nor shall any person cause, procure or
allow any person under the age of sixteen years to engage in such
charitable solicitation activity unless the person under the age of
sixteen is under the charge of an adult who has a permit to engage
in such charitable solicitation. The words "in charge of" mean and
include having sufficient control over such minor so as to know the
minor's whereabouts while performing such solicitation and so as to
receive from the minor the funds derived from the solicitation.
4. The
provisions of this section do not apply to any person or organization
organized and operated exclusively for charitable purposes and not
operated for the pecuniary profit of any person if the solicitation
by such person or organization is conducted among the members thereof
by other members or officers thereof, voluntarily and without remuneration
from making such solicitation, or if the solicitations are in the
form of collections or contributions at regular assemblies or services
of such person or organization.
C. Insurance
Agents or Brokers. Notwithstanding any other provision of this title
to the contrary, an insurance agent or broker licensed by the state
shall be entitled to the issuance of a permit without further hearing
or payment of fee, upon the showing of a duly existing California
state insurance agent's or broker's license.
(Prior code § 11-135)
A. No person
shall distribute, deposit, throw, place or attach any handbill to,
in or upon any porch, yard, steps or mailbox located upon any premises
not in the possession of or under the control of the person distributing
said handbill, which premises have posted thereon in a conspicuous
place, a sign of at least twelve inches in area bearing the words
"No Advertising," unless the person distributing the handbills has
first received written permission of the person occupying or having
possession of such premises authorizing such distribution.
B. No person
shall post, distribute, or otherwise affix any handbill or sign to
or upon any public place, upon any vehicle parked on public property,
or upon any vehicle parked on private property without the consent
of the owner or person in control of such property.
C. No person
shall paint, mark, write on, post or otherwise affix or attach any
handbill or sign to or upon any building, wall or part thereof, or
upon any private property without the consent of the owner, agent
or occupant thereof, or upon any public property without the consent
of respective city officials, or upon the property of any private
or public utility without the consent of such utility company.
D. No person
shall distribute any handbills between the hours of nine p.m. of any
day and eight a.m. of the following day.
E. The
provisions of this section shall not apply to employees of governmental
agencies or public utilities while acting in the scope of their duties.
F. For
the purposes of this section, the term "handbill" shall include only
printed materials containing commercial speech or advertising, and
shall not include printed materials containing speech relating to
an election or containing political viewpoints.
(Ord. 656-90 § 1)
A. Standard,
Distinctive and Uniform Color Scheme, Name, Etc. No taxicab permit
shall be issued any person whose color scheme, name, monogram or insignia
used on any cars shall be in conflict with or imitate any color scheme,
monogram, name or insignia used by another business operating within
the city in such a manner as to be misleading or tend to deceive or
defraud the public.
B. Approved
Vehicles. Upon obtaining a taxicab operator's permit, the permittee
shall submit such permit to the law enforcement agency and bring all
of the vehicles subject to such permit to a place designated by the
law enforcement agency where there shall be attached and sealed a
license plate or decal to the rear of the body of each vehicle. Any
substitute vehicle must be licensed as stated above prior to being
put into service.
C. Information
Card. Every taxicab shall display in the rear of the driver's seat
and in the passenger's compartment and in full view of the passenger
a card not less than two by four inches, nor more than two and one-half
by five inches, which shall have printed thereon the owner's name
or the corporate or fictitious name under which the owner operates
and the business address and phone number of such owner.
(Prior code § 11-137(a), (b), (i); Ord. 528-86 § 3)
A. Required
— Amounts. No taxicab operator's permit shall be issued until
the applicant files with the business license office certificates
of insurance with the maximum amount of recovery not less than the
following sums:
1. For
the injury to any one person, or the death of any one person in any
one accident, one hundred thousand dollars;
2. For
the injury of two or more persons, or the death of two or more persons,
or the injury to one person or more and death of one person or more
in any one accident, three hundred thousand dollars; and
3. For
the injury or destruction of property in any one accident, fifty thousand
dollars.
B. Notice
of Cancellation. If any taxicab operator or driver has any notice
or information of a change or cancellation of any insurance policy
which is required under this chapter, such operator or driver shall
give immediate notice to the city clerk or the law enforcement agency
of such change or cancellation.
(Prior code § 11-137(e), (f); Ord. 528-86 §§ 1, 3)
A. Permit
to Operate. Only a permitted taxicab company may operate within the
city.
1. A
permitted taxicab company is defined as a taxicab service provider
that holds a permit issued by a city within the county of Los Angeles,
or a permit issued by the county of Los Angeles. A taxicab company
may include a taxicab driver if a taxicab company consists of only
one driver.
2. Every
taxicab service provider substantially located within the city, as
defined in
Government Code Section 53075.5(k)(5)(A), must hold a permit
issued by the city, pursuant to this title.
B. Taxi
Stands. Taxi stands shall be at only those locations approved at the
time of issuance of the permit.
C. Accepting
Passengers. Every taxicab operator or driver shall accept any passenger,
unless:
1. The
operator or driver has no facilities available;
2. The
transportation requested is such that the driver or operator may not
legally accept such passenger;
3. The
proposed passenger refuses or says that he or she will refuse to pay
or cannot pay the fare; or
4. The
proposed passenger is drunk and disorderly, or for other reasons not
a fit passenger.
D. Rates.
A taxicab operator shall not charge in any case any more or less than
the rates specified in the operator's permit. Every taxicab operator
shall post and maintain in every taxicab operated, in a conspicuous
place, the schedule of rates permitted by the operator's permit. Such
schedule shall be in letters and figures which are clearly legible
and not less than one-quarter inch high.
E. Passenger's
Failure to Pay. A person shall not:
1. Fail
or refuse to pay the fare authorized by the taxicab operator's permit
for which such person has become liable;
2. Accept
a ride in any taxicab without having on his or her person sufficient
funds to pay the authorized fare, unless prior to accepting such ride
the person informs the driver of the taxicab that he or she does not
have such funds; or
3. Accept
a ride in any taxicab with the intent to defraud the operator or driver
thereof, or not to pay the full fare authorized.
F. Public
Utilities Commission Regulations. Notwithstanding any provision of
this chapter to the contrary, each person operating a taxicab shall
abide by all rules and regulations pertaining to taxicabs as approved
by the Public Utilities Commission.
(Prior code § 11-137(c), (g), (h), (j),
(k), (l); Ord. 528-86 § 3; Ord. 1156-19 § 2)
A taxicab operator's permit which is issued to a corporation
shall be valid so long as the directors of such corporation remain
the same, as shown on its application for such permit.
(Prior code § 11-137(d))
A. Acceptance
of Passengers.
1. A
taxicab driver shall not stop for or accept any passenger which requires
the driver to drive outside of a county for which the taxicab driver
has a valid permit.
2. A
taxicab driver who has driven a passenger to any place may wait for
and accept such passenger. If the taxicab driver for any reason moves
the taxicab from the location where the driver has left the passenger,
this section shall not apply.
B. Direct
Route. Every taxicab driver shall carry his or her passengers to their
point of destination by the most direct practical route unless specifically
directed otherwise by such passengers.
C. Exclusive
Rights of Passengers. When a taxicab is engaged, the occupants have
the exclusive right to the full and free use of the passenger compartment.
No taxicab operator or taxicab driver may solicit or carry additional
passengers, unless the taxicab operator's permit expressly permits
the carrying of additional passengers, and then only to the extent
expressly permitted.
(Prior code § 11-138; Ord. 1156-19 § 3)
A. The following shall be additional requirements necessary to obtain a permit to operate under Section
5.24.200:
1. Employment,
or an offer of employment, as a taxicab driver in the jurisdiction,
including compliance with all of the requirements of the controlled
substance and alcohol abuse testing program, shall be a condition
of issuance of a driver's permit.
2. The
driver's permit shall become void upon termination of employment.
3. The
driver's permit shall state the name of the employer.
4. The
employer shall notify the city upon termination of employment.
5. The
driver shall return the permit to the city upon termination of employment.
B. The
operating permit shall include a registration of rates for the provision
of taxicab transportation service.
C. Prior
to issuance of the operating permit:
1. Drivers
shall provide evidence of a negative test for each of the controlled
substances specified in Part 40 (commencing with Section 40.1) of
Title 49 of the Code of Federal Regulations, before employment. Drivers
shall test negative for these controlled substances and for alcohol
as a condition of permit renewal or, if no periodic permit renewals
are required, at such other times as the city shall designate. As
used in this section, a negative test for alcohol means an alcohol
screening test showing a breath alcohol concentration of less than
0.02 percent.
2. Procedures
shall be substantially as in Part 40 (commencing with Section 40.1)
of Title 49 of the Code of Federal Regulations, except that the driver
shall show a valid California driver's license at the time and place
of testing, and except as provided otherwise in this section. Requirements
for rehabilitation and for return-to-duty and follow-up testing and
other requirements, except as provided otherwise in this section,
shall be substantially as in Part 382 (commencing with Section 382.101)
of Title 49 of the Code of Federal Regulations.
3. A
test from another city shall be accepted as meeting the requirement
in this section. Any negative test result shall be accepted for one
year. However, an earlier negative result shall not be accepted as
meeting the pre-employment testing requirement for any subsequent
employment, or any testing requirements under the program other than
periodic testing.
4. In
the case of a self-employed independent driver, the test results shall
be reported directly to the city, which shall notify the taxicab leasing
company of record, if any, of positive results. In all other cases,
the results shall be reported directly to the employing transportation
operator, who may be required to notify the city of positive results.
5. All
test results are confidential and shall not be released without the
consent of the driver, except as authorized or required by law.
6. Self-employed
independent drivers shall be responsible for compliance with, and
shall pay all costs of, this program with regard to themselves. Employing
transportation operators shall be responsible for compliance with,
and shall pay all costs of, this program with respect to their employees
and potential employees, except that an operator may require employees
who test positive to pay the costs of rehabilitation and of return-to-duty
and follow-up testing.
7. Upon
the request of a driver applying for a permit, the city or county
shall give the driver a list of the consortia certified pursuant to
Part 382 (commencing with Section 382.101) of Title 49 of the Code
of Federal Regulations that the city knows offer tests in or near
the jurisdiction.
8. No
evidence derived from a positive test result pursuant to the program
shall be admissible in a criminal prosecution concerning unlawful
possession, sale or distribution of controlled substances.
9. For
the purposes of this section, "employment" includes self-employment
as an independent driver.
(Ord. 913-02 § 26)