Any person who conducts a business or activity which is described in this chapter shall first obtain a permit or license required by the provisions of this chapter, together with any other licenses and permits required by this Code. Notwithstanding the provisions of this chapter, proposed activities shall be subject to Zoning Regulations and Coastal Development Requirements, pursuant to Title 30 of this Code.
(Ord. 94-06)
There is hereby adopted, by reference, by the City of Encinitas, for the purpose of prescribing rules and regulations for the protection of the public health and safety, the following portions of the San Diego County Code, together with such secondary references as are included in those portions, effective as of the date set forth in Section 6.08.030 of this chapter. The provisions thereof shall be controlling within the limits of the City of Encinitas to include, without limitation, regulatory provisions, and definitions, but excluding the procedural provisions, to include fees:
B.
Title 2, Division 1, commencing with Section 21.301 relating to Taxicabs and Taxicab Operations. Amendments to references to the San Diego County Code are as follows:
1.
Section
21.301(a) reference is amended to read:
"Medallion" means the unique, pre-numbered decal placed on a
taxicab windshield by the Issuing Officer or designee annually, signifying
that the "taxicab operator" is authorized to operate the vehicle as
a taxicab in the City of Encinitas.
2.
Section
21.301(g) reference is amended to read:
"Taxicab operator's license" means the annual license issued
by the Issuing Officer authorizing a taxicab operator to pick up passengers
in the County of San Diego.
3.
Section
21.305(c) reference is amended to read:
If the Issuing Officer is satisfied that a taxicab has passed
an inspection required by this section, the Issuing Officer shall
issue an annual taxicab permit and he or she or his/her designee shall
affix a medallion on the vehicle rear window thereby authorizing the
operator to place the taxicab in service for one year or until the
expiration of the medallion.
4.
Section
21.305(d) reference is amended to read:
It shall be unlawful for any person other than the Issuing Officer
or his/her designee to place a medallion on or remove a medallion
from a taxicab. It shall also be unlawful to tamper with or alter
a medallion. As designees, law enforcement officers are authorized
to remove expired medallions or medallions found on vehicles for which
the medallions were not issued.
5.
Section
21.305(e) reference is amended to read:
The absence of a valid medallion on a taxicab operating in the
City of Encinitas is a violation of Encinitas Municipal Code and the
violator is subject to citation and fine.
6.
Section
21.307(a) reference is amended to read:
It shall be unlawful for any taxicab driver to pickup or discharge
passengers in the City of Encinitas without first obtaining a taxicab
driver's identification card from the Issuing Officer. The Issuing
Officer may issue an applicant a temporary identification card for
up to 60 days, while an investigation is pending.
7.
Section
21.308 reference is amended to add:
(e) Driving a taxicab in the City of Encinitas with an expired
Driver's Identification Card is a violation of Encinitas Municipal
Code and the violator is subject to citation and fine.
8.
Section
21.308 reference is amended to add:
(f) Driving a taxicab in the City of Encinitas without a Driver's
Identification Card is a violation of Encinitas Municipal Code and
the violator is subject to citation and fine.
9.
Section
21.311(a) reference is amended to read:
It shall be unlawful for any person to operate a taxicab business
within the City of Encinitas unless the person has in effect insurance
coverage issued by a company authorized to transact insurance business
in the State of California with coverage for combined single limit
of $1,000,000 pursuant to Section 21.311(b). A taxicab operator shall
furnish the Issuing Officer and the City with a Certificate of Insurance
coverage and a separate endorsement of the City of Encinitas as additional
insured. This is a prerequisite to obtaining a taxicab operator's
license. The certificate shall provide that the insurer will notify
the Issuing Officer in writing of any policy status change, including
cancellation and any cancellation notice shall be sent to the Issuing
Officer by registered mail at least 30 days prior to cancellation
of the policy. The certificate shall also state:
(1)
The full name, address and phone number of the insurer;
(2)
The full name, address and phone number of the insured as they appear
on the taxicab operator permit and on the City taxicab permit application;
(3)
The insurance policy number;
(4)
The type and limits of coverage;
(5)
The specific vehicle(s) insured;
(6)
The effective dates of the certificate; and
(7)
The certificate issuance date.
10.
Section 21.315(h) reference is amended to read:
A taxicab driver shall not operate a taxicab unless he or she
has affixed his or her driver's identification card in a prominent
location inside the taxicab, visible to passengers in the passenger
compartment. A taxicab driver while working shall display the name
and photo identification badge issued to him or her by the Issuing
Officer. The driver shall prominently display the badge on the outside
front of the driver's clothing, between the waist and shoulders. A
taxicab driver in violation of any provisions of this section shall
be subject to citation and fine.
C.
Title 2, Division 1, commencing with Section 21.601 relating to Junk Yards and Motor Vehicle Wrecking Yards.
D.
Title 2, Division 1, commencing with Section 21.701 relating to Pawnbrokers and Secondhand Dealers.
(Ord. 2008-01; Ord. 2011-02)
The operative date of this chapter is July 1, 2011.
(Ord. 2011-02)
The City Manager or designee is the issuing authority for the
permits specified in this chapter.
(Ord. 2020-15)
Each applicant for a permit or license required by this chapter
shall submit the application to City Hall.
A.
In any
case where the applicant has failed for a period of 30 days to file
the application and obtain the required permit, there shall be added
to and collected with the required fee a penalty equal to 10% of the
fee and for each additional month or fraction of a month after the
expiration of the 30-day period that the applicant fails to file such
application and obtain such permit, there shall be added to and collected
with the fee an additional penalty equal to 10% of the fee; provided,
however, in no event shall the total penalty added to the fee pursuant
to this section be more than 60% of the fee. The imposition of or
payment of the penalty imposed by this section shall not prevent the
imposition of any other penalty prescribed by this Code or prevent
the prosecution for violation of this Code.
B.
The
annual fee for renewal, if unpaid, is delinquent on the first day
of the second month after the month in which the permit expires and
thereafter a penalty equal to 10% of the annual fee shall be added
thereto, and shall be collected at the time application for renewal
is made.
C.
If the
annual fee for renewal and the penalty is not paid the first month
after it is due there shall be added to and collected with the annual
fee, an additional penalty equal to 10% of the annual fee for each
month or fraction of a month during which the annual fee or any penalty
continues to remain unpaid; provided, however, in no event shall the
total penalty added to the annual fee pursuant to this section be
more than 60% of the annual fee. The imposition of, or payment of
the penalty imposed by this section, shall not prevent the imposition
of any other penalty prescribed by this Code or prevent the prosecution
for violation of this Code.
(Ord. 2017-07)
