For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:
"Association"
means an organization which provides taxi and/or limousine service, where the taxi and/or limousine vehicles are owned and operated by individual members of the organization.
"City"
means the City of Huntington Park.
"Driver"
means and includes every person in direct and immediate possession or charge of, or having or operating a taxicab.
"Highway"
means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes street.
"Legal owner"
means a person holding a security interest in a vehicle which is subject to the provisions of the Uniform Commercial Code, or the lessor of a vehicle to the State or to any county, city, district, or political subdivision of the State, or to the United States, under a lease, lease-sale, or rental purchase agreement which grants possession of the vehicle to the lessee for a period of 28 consecutive days or more.
"Limousine"
means a motor-propelled vehicle with a large body and a separate open seat for the driver, which motor-propelled vehicle is used to transport passengers for hire.
"Owner"
means a person who, or a firm, association, or corporation which, owns, controls, or directs the use of a taxicab or limousine or owns, controls, rents, leases, or otherwise allows or permits the operation or use of any taxicab or limousine.
"Person"
means a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, and any manager, lessee, agent, servant, officer or employee thereof.
"Registered owner"
means a person registered by the Department of Motor Vehicles as the owner of a vehicle.
"Street"
means a road, passage, or way set apart and used for the travel of vehicles owned and operated by the general public or any place commonly used for the purpose of public travel.
"Taxicab"
means any motor-propelled vehicle used for the transportation of passengers who direct the route to be traveled or which route is directed by the person hiring such vehicle over the streets and not operated over a fixed route, the compensation for which transportation is fixed by a taximeter in accordance with the distance traveled, the time elapsed, or both, irrespective of whether the operations extend beyond the boundary lines of the City.
"Taximeter"
means a mechanical instrument or device by which the charge for the hire of a passenger-carrying, motor-propelled vehicle is mechanically registered, calculated, and/or indicated by means of figures in accordance with the distance traveled, the time elapsed or waiting time, or both.
"Traffic Authority"
means the Police Chief of the City or his or her designee.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
Any applicant for a certificate of public convenience and necessity under this article shall meet the following conditions:
(a) 
Provide and maintain a minimum of five vehicles for operation in the City; provided, however, that the Traffic Authority shall require that a minimum of three, and may require that a maximum of 50, of the vehicles shall be wheelchair accessible and Americans with Disabilities Act (ADA)—certified;
(b) 
Provide and maintain a physical location for holding of vehicles and operation of the business within 10 miles of the City;
(c) 
Provide and maintain a telephone number which is toll-free from any location in the City.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
Applications for certificate of public convenience and necessity shall be filed with the City and shall comply with the following requirements:
(a) 
Completion of an application on the form designated by the City, and signed by the applicant under penalty of perjury;
(b) 
A financial statement of applicant in the form and content designated by City;
(c) 
Payment of the fees as prescribed by the Council;
(d) 
Such other information as required by the City;
(e) 
Where the applicant is a corporation, association, partnership, or other legal entity, "applicant" means each partner, officer, director, and each shareholder owning or controlling more than 10% of such entity;
(f) 
Applications for an increase in the number of taxis authorized under an existing certificate of public convenience and necessity or a change of ownership shall comply with the provisions of this section.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
The Council, in determining whether or not the public convenience and necessity require the granting of such permits, may take into consideration all facts it may deem pertinent and proper, which facts shall include a specific finding, determined through a public hearing on the application before the Council, that the following conditions exist:
(a) 
Whether the taxi or limousine service proposed by applicant is required by the public convenience and necessity considering the number of taxis or limousines presently operating in the City;
(b) 
Whether the increased taxi or limousine service in the City will adversely impact local traffic conditions;
(c) 
Whether the applicant has the financial capability to ensure performance of the proposed taxi service;
(d) 
Whether the applicant has been convicted of a felony or misdemeanor involving moral turpitude and has not demonstrated rehabilitative characteristics;
(e) 
Whether the applicant meets requirements and conditions designated by this Code.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
The Council shall hold a hearing within a reasonable time, but within not less than 10 days after the filing of the application, to determine whether to grant, conditionally grant, or deny an application for a certificate of public convenience and necessity.
Written notice of the hearing shall be provided to the applicant and all existing holders of a certificate of public convenience and necessity at least 10 days prior to the hearing. For the purposes of this article, such notice shall be deemed complete when a copy of the notice is addressed to the applicant at the address given in the application and deposited in the United States mail with a sufficient amount of postage affixed thereto.
If the certificate is denied, the applicant shall be notified in writing in accordance with Section 3-1.2039 of this article of the reasons for the denial.
The failure of existing holders of a certificate of public convenience and necessity to receive notice of a Council hearing regarding a new applicant does not constitute defective service on the new applicant and shall not be a bar to the hearing procedures set forth in this section.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
A certificate of public convenience and necessity issued under this article shall remain in full force and effect until relinquished by the holder of the certificate, or until suspended or revoked by the City. However, in no event shall such permit be effective for a period of more than two years from the date of issuance.
A certificate of public convenience and necessity shall not be transferred to any other person or entity without prior City Council approval. An application to transfer a certificate shall be processed in the same manner and in accordance with the same procedures for the grant of a new certificate as set forth in this article. Such procedures include City Council approval of the transfer.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
A certificate of public convenience and necessity issued under this article may be suspended or revoked on any of the following grounds:
(a) 
Failure to comply with any conditions imposed by the certificate;
(b) 
Failure to comply with federal, state, or local laws and regulations;
(c) 
Failure to operate the taxi or limousine business in accordance with applicable orders, rules and regulations;
(d) 
Conduct of the taxi or limousine business in a fraudulent or disorderly manner, or in a manner which endangers the public health, welfare, or safety;
(e) 
The holder of the certificate has failed or ceased to operate in accordance with the certificate.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
The City Council, upon 10 days' public notice, may hold a public hearing on the revocation, suspension, or modification of a certificate of public convenience and necessity. At least 10 days prior to the public hearing, the certificate holder shall be notified by the City of the intended action, and shall be furnished a statement of the reasons for such intended action.
At the conclusion of the public hearing, Council may revoke, suspend or modify the certificate of public convenience and necessity. The certificate holder shall be notified in writing in accordance with Section 3-1.2039 of this article of the reasons for any decision revoking, suspending, or modifying the certificate of public convenience and necessity.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
(a) 
No person shall operate any taxicab or limousine vehicle without having first obtained a public transportation vehicle permit for each such vehicle issued under the provisions of this Title.
(b) 
A separate permit is required for each vehicle.
(c) 
The provisions of this section shall not be applicable to the following:
(1) 
Any vehicle for which a permit or certificate has been issued by the State Public Utilities Commission or by the Federal Interstate Commerce Commission;
(2) 
Any school bus used by or under contract with a public or private school;
(3) 
Any vehicle transporting passengers from a point outside the City to a destination within the City, or proceeding through the City while en route to a destination outside the City. This exemption allows a taxi without a public transportation vehicle permit to unload and reload particular passengers with the intent to transport them to another location as long as (i) its taximeter continues to run; (ii) it does not leave the City; and (iii) it does not provide transportation to any other persons while waiting for such passengers. This exemption shall not apply to any taxi that unloads passengers within the City, departs the location where the passengers were unloaded, resets its taximeter, and then returns to the location where the passengers were unloaded and reloads the same passengers.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
Applications for public transportation vehicle permits shall be filed with the City and shall comply with the following requirements:
(a) 
Completion of an application on the form designated by the City, and signed by the applicant under penalty of perjury;
(b) 
New applications shall be filed a minimum of 45 days prior to the date requested for issuance of the permit. Any new application that is rejected must be refiled a minimum of 30 days prior to the date requested for permit issuance. An application filed less than 30 days prior to the date requested for permit issuance shall not be accepted;
(c) 
Renewal permit applications shall be filed a minimum of 45 days prior to the expiration of any existing permit. Any renewal application that is rejected must be refiled a minimum of 30 days prior to the expiration of any existing permit. A renewal application that is refiled less than 30 days prior to the date requested for permit renewal shall not be accepted;
(d) 
Payment of the fee as prescribed by Council resolution;
(e) 
An inspection and a certificate of the mechanical condition of the vehicle issued within 30 days of the filing of the new or renewal application;
(f) 
All applications shall be accompanied by a copy of the current registration issued by the State Department of Motor Vehicles for the vehicle for which the permit is requested;
(g) 
Where the applicant is a corporation, association, partnership, or other legal entity, "applicant" means each partner, officer, director, and each shareholder owning or controlling more than 10% of such entity;
(h) 
Applications shall be made by, and the permit issued to, the holder of the certificate of public convenience and necessity; provided further, if the holder of the certificate is an association (as defined by Section 3-1.2001 of this article), the public transportation vehicle permit application shall be filed by, and the permit shall be issued to, the owner of the vehicle;
(i) 
Vehicle permit applications for taxicabs shall be accompanied by a taximeter inspection permit which has been issued by the County of Los Angeles Department of Weights and Measures within 30 days of filing of the application.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
(a) 
The public transportation vehicle permit shall be issued by the Traffic Authority unless there is a finding that:
(1) 
The applicant or the association for which the applicant is a member does not have a valid certificate of public convenience and necessity;
(2) 
The applicant has been convicted of a felony or a misdemeanor involving moral turpitude, and has not subsequently demonstrated rehabilitative characteristics;
(3) 
The applicant has made a material misrepresentation in the application;
(4) 
The vehicle does not comply with the ordinances or regulations of the City;
(5) 
If the application is for renewal of a permit, that the applicant has violated conditions of the previous permit, or any ordinance or regulation of the City in the conduct of the business or activity.
(b) 
When one or more of the findings is negative to the applicant, a permit may either be denied or conditionally issued to the applicant. The permit may be conditionally issued to the applicant where unique circumstances exist which justify issuance of the permit, and provided that appropriate conditions are imposed on the permit to protect the public health, welfare and safety.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
Permits issued pursuant to this article shall be effective for a period of one year from the date of issuance, unless a shorter term is specified on the permit.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
A public transportation vehicle permit issued pursuant to this article may be revoked or suspended by the Traffic Authority for any of the following reasons:
(a) 
A material false statement contained in the application (new or renewal);
(b) 
Failure to comply with federal, state, or local laws and regulations;
(c) 
Failure to comply with any conditions imposed by the City on the issuance of the permit;
(d) 
Failure to operate in accordance to such orders, rules, and regulations as may be applicable;
(e) 
Conduct of the business in a fraudulent or disorderly manner, or in a manner which endangers the public health, welfare, or safety.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
Prior to the suspension or revocation of a public transportation vehicle permit, a hearing shall be held thereon by Traffic Authority. The permittee shall be notified in writing in accordance with Section 3-1.2039 of this article of the grounds for the suspension or revocation of the permit at least 10 days prior to the scheduled hearing.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
Where the conduct of the permittee or the mechanical condition of the vehicle creates an imminent peril to the public health, welfare, or safety, or where the permittee refuses to allow inspection of the vehicle under Section 3-1.2023 of this article, the public transportation vehicle permit may be summarily suspended by the Traffic Authority upon written notice to the permittee stating the basis for the suspension without the need for a hearing; provided further, any temporary emergency suspension shall not exceed 15 days pending a hearing under Section 3-1.2016 of this article.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
The decision of the Traffic Authority shall be rendered within five days of the hearing. The decision shall be in writing, and shall set forth the findings and reasons for the decision, and the permittee shall be notified in writing in accordance with Section 3-1.2039 of this article.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
Any final decision of the Traffic Authority denying, suspending, or revoking a permit may be appealed to the designated Hearing Officer. Any appeal shall be filed with the Huntington Park Business License Department within 14 days of the decision by the Traffic Authority. The Hearing Officer shall hold a hearing on the appeal, and the applicant shall be given at least 10 days' notice of such hearing. The hearing shall be held under the rules of procedure adopted by the Traffic Authority. The designated Hearing Officer shall have the authority to sustain, modify, or overrule the decision of the Traffic Authority. The decision shall be in writing, shall set forth the reasons for the decision, and the appellant shall be notified in writing in accordance with Section 3-1.2039 of this article. Any decision rendered by the Hearing Officer under this section shall be final and shall not be appealable to the City Council.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
In addition to other regulatory provisions of this Code, the following restrictions and prohibitions shall be applicable to taxicabs and limousines:
(a) 
The public transportation operator's permit shall be conspicuously displayed inside each vehicle at all times such vehicle is operated in the City. The holder in which the permit is displayed shall contain a statement which is visible to passengers upon removal of the permit, and which states the public transportation operator's permit is required by law to be displayed at all times the vehicle is in operation.
(b) 
The rates charged for taxicab service shall be conspicuously displayed in both the front and rear seating compartments on each vehicle, in clearly legible print and on a placard of a minimum size of four inches by six inches; such placard shall also state the name, business address, and telephone number of the holder of the certificate of public convenience and necessity.
(c) 
The driver shall, upon receipt of full payment of the fare, issue a written receipt to any passenger requesting a receipt.
(d) 
No owner, driver, or agent shall charge, collect, demand, receive, or arrange for any compensation for service in excess of the rates established by Council.
(e) 
No owner, operator, or agent shall misrepresent by word, sign, hatband, insignia, or badge, or by any other means or device, the true identity of the vehicle in soliciting patronage for such vehicle.
(f) 
Every taxicab operator to whom a taxicab permit is issued pursuant to this chapter shall maintain a distinctive driver appearance standard which clearly identifies the driver and his or her affiliation with that taxicab operator and encourages the highest level of professionalism. Every taxicab driver, while on duty, shall conform to the taxicab operator's appearance standard and shall wear professional clothes excluding shorts, sleeveless tops, T-shirts and clothing with offensive or suggestive language. Clothing and operator must be neat and clean and present a professional wellgroomed appearance at all times while on duty.
(g) 
Each public transportation vehicle shall have the current public transportation vehicle permit issued by the City affixed upon the left portion of the rear area of the vehicle.
(h) 
The vehicle, and all equipment therein, shall comply with all applicable requirements of the State Vehicle Code, the Federal Motor Vehicle Safety Standards, Safety Orders of the State Division of Industrial Safety, and any vehicle standards promulgated by the City.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
In addition to the other regulatory provisions of this Code, and the regulatory provisions of Section 3-1.2020 of this article, the following restrictions and prohibitions are specifically applicable to taxis:
(a) 
Every taxicab shall be identified by marking on both sides of the vehicle the name and telephone number of the taxi company, and a number designating the specific taxicab; and with the number designating the specific taxicab also placed on the rear of the vehicle. Lettering shall be not less than two and one-fourth (2 1/4) inches in height and not less than five-sixteenths of an inch in stroke.
(b) 
Every taxi driver, while transporting any passenger to a destination, shall proceed with the most direct route which will deliver the passenger safely and expeditiously to the destination.
(c) 
Any person engaging a taxicab shall have the full and exclusive use of such vehicle, and the taxi driver shall not solicit or carry any additional passenger without the consent of the person first engaging the taxi.
(d) 
Taxi passengers shall be seated in the rear of seat of the taxi, except when the rear seat of the taxicab is fully occupied, or except for student drivers, supervisors, or aged, infirm, or handicapped persons who cannot readily enter the rear compartment of the taxicab.
(e) 
Each taxicab shall be equipped with a computer dispatch system capable of two-way voice communication and two-way data computer dispatch system, from all locations with in the City limits. Every driver of a taxicab shall monitor the computer dispatch system at all times, and the computer dispatch system shall be in operation at all times that the vehicle is in service.
(f) 
Each taxicab shall be equipped with a taximeter which shall at all times accurately reflect the service charges. Taximeters shall be of a type and design approved by the City. Taximeters shall be illuminated with charges readily discernible by any passenger in the taxicab. Where the approved taximeter is capable of a setting to rates other than approved by the City, the taximeter shall by sign, or other device clearly indicate when the rates authorized by this article are being charged when operating within the City.
(g) 
The documents required by Section 3-1.2020(a) of this article shall be displayed in each taxicab, by placing in a holder permanently affixed to the dash of the vehicle, and in full view of passengers. A taxicab service evaluation notice, identifying the telephone number to contact in the event of passenger complaint or comment, in the form required by the City, shall be conspicuously displayed in the taxicab vehicle.
(h) 
Any vehicle operated as a taxi shall be equipped with a functioning air conditioning system.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
(a) 
Taxicab rates for any taxicab operating over any street in the City shall be fixed as set by Council resolution.
(b) 
The rates and fares set forth by Council resolution, as described in subsection (a) of this section, shall be collected only to the extent applicable on the taxicab meter, plus any surcharge applicable, regardless of the number of persons occupying the taxicab. No rate other than that specified in this section shall be placed in effect, charged, demanded, or collected for taxicab service originating in the City, regardless of whether the destination of such service is within or beyond the corporate boundaries of the City.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
The Traffic Authority, or the Traffic Authority's designee, shall have authority at all reasonable times to inspect, or cause the inspection of any public transportation vehicle and the records of any permittee regulated by this article.
(a) 
Refusal to permit inspection shall be the basis for emergency suspension of the permit pursuant to Section 3-1.2017 of this article, in addition to any other penalties as provided in this article.
(b) 
When an inspection reveals safety defects that in the opinion of the Traffic Authority or the Traffic Authority's designee endanger the safety of the public, or where the taximeter on any taxicab is inaccurate or has been tampered with to incorrectly reflect the rates authorized by City, the permit may be suspended pursuant to Section 3-1.2017 of this article, in addition to any other penalties as provided in this article.
(c) 
Failure to appear for a scheduled inspection shall constitute a violation of this Code, and shall be the basis for emergency suspension of the permit pursuant to Section 3-1.2017 of this article, in addition to any other penalties as provided in this article.
(d) 
If a public transportation vehicle fails a scheduled inspection, the permittee shall arrange for a re-inspection of the vehicle within 14 calendar days. The permittee shall be responsible for paying the re-inspection fee as established by resolution of the City Council.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
Every applicant for a public transportation vehicle permit shall obtain and maintain in full force and effect commercial automobile liability insurance meeting the following requirements for each vehicle listed on the application:
(a) 
The insurer must be a carrier licensed and admitted by the California Department of Insurance to sell commercial automobile liability insurance in the State and be a member of the California Insurance Guarantee Fund.
(b) 
The policy shall be written with policy limits of not less than $350,000 combined single limit per occurrence. Such insurance may include a property damage deductible not greater than $2,500 per occurrence.
(c) 
The policy shall contain a condition that it cannot be modified or cancelled without at least 30 days' prior written notice to the City.
(d) 
Each policy shall contain an endorsement naming the City as an additional insured and shall be primary to and not contributing with any other insurance covering or maintained in the City.
(e) 
A certificate of insurance shall be attached to the application for the taxicab public transportation vehicle permit or permits. Upon approval of the application, a copy of the additional insured and cancellation endorsements required by subsections (c) and (d) of this section shall be filed with the City within 30 days of the date the application is approved. Certificates and endorsements shall be filed on the forms provided by the City, and the endorsement shall be notarized.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
No person shall drive or operate a taxicab or limousine as regulated by this article without a valid public transportation operator's permit issued under this article.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
Application for an operator's permit shall be filed with the Traffic Authority and shall comply with the following requirements:
(a) 
Completion of an application on the form designated by the Traffic Authority and signed by the applicant under penalty of perjury;
(b) 
Two photographs (measuring one and one-fourth (1 1/4) inches by one and one-half (1 1/2) inches of the applicant shall accompany the application;
(c) 
The applicant shall be fingerprinted by the Traffic Authority;
(d) 
Proof of a current valid California driver's license;
(e) 
Proof applicant is at least 18 years of age;
(f) 
Passing an examination that shall be developed and administered by the Traffic Authority in which the applicant demonstrates the qualifications necessary for the operation of a public transportation vehicle. The examination shall test the ability of the applicant to perform the operator services authorized by the permit, including, but not limited to, the applicant's ability to locate (with the aid of a street atlas) street addresses and intersections, and the ability to communicate points of interest;
(g) 
Payment of the fees as prescribed by City Council resolution;
(h) 
If the applicant will be operating a public transportation vehicle as an employee, the application shall be accompanied by a letter from the employer stating that the applicant will be employed upon issuance of the operator's permit. If the applicant will be operating a public transportation vehicle as a member of an association, then the application shall be accompanied by a letter from the association stating that the applicant will be admitted upon issuance of the operator's permit;
(i) 
Evidence of compliance with a controlled substance and alcohol testing certification program. That certification program, and compliance with it, must meet the following requirements:
(1) 
The applicant must test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations and for alcohol, before employment. For purposes of subsection 3-1.2026(i), "employment" includes self-employment as an independent driver. As used in subsection 3-1.2026(i), a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than two hundredths of one percent.
(2) 
Procedures of the certification program must be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver must show a valid California driver's license at the time and place of testing. Requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements must be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.
(3) 
A test conducted in another California jurisdiction will be accepted as meeting the testing requirement of the City of Huntington Park. Any negative test result will be accepted for one year as meeting a requirement for periodic permit renewal testing in the City if the driver has not tested positive subsequent to a negative result. However, an earlier negative result will 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) 
If the permitted owner of the taxicab or taxicabs is an employer, and the applicant for an operator's permit is an employee or prospective employee, then the following additional requirements are applicable:
(i) 
The test results must be reported directly to the permitted owner that is the employer, or prospective employer, of the applicant for an operator's permit. The permitted owner is required to notify the City of positive results with regard to any employee, or prospective employee, who is an applicant for an operator's permit;
(ii) 
Permitted owners that employ taxicab drivers are responsible for compliance with, and must pay all costs of, this program with respect to their employees and prospective employees, except that a permitted owner may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and follow-up testing;
(iii) 
The permitted owner must notify the City upon termination of employment of a permitted taxicab driver. Upon termination, the operator's permit is void, and the taxicab driver must return the permit to the Traffic Authority.
(5) 
In the case of a self-employed independent driver, the following additional requirements are applicable:
(i) 
Self-employed independent drivers are responsible for compliance with, and must pay all costs of, this program with regard to themselves;
(ii) 
The test results must be reported directly to the City, and the City must then notify the taxicab leasing company of record, if any, of positive results;
(iii) 
Upon the request of a driver applying for an operator's permit, the City will 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 are known to offer tests in or near the City.
(6) 
All test results are confidential and may not be released without the consent of the driver, except as authorized or required by law.
(7) 
The City Council, by resolution, may levy service charges, fees, or assessments in an amount sufficient to pay for the costs of implementing and administering the procedures specified in subsection 3-1.2026(i), which are implemented pursuant to California Government Code Section 53075.5.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
An operator's permit will be issued by the Traffic Authority unless there is a finding that:
(a) 
The applicant has been convicted of a felony or a misdemeanor involving moral turpitude, and has not subsequently demonstrated rehabilitative characteristics;
(b) 
The applicant has made a material misrepresentation in the application;
(c) 
Within the preceding three years, the applicant has been convicted of or pleaded guilty to reckless driving or driving under the influence of intoxicating liquors or narcotics;
(d) 
Within the preceding 12 month period, the applicant has been convicted or pleaded guilty to three or more moving violations under the State Vehicle Code or has been determined by the Department of Motor Vehicles (or equivalent public entity) to be at fault in two or more vehicular accidents in any state;
(e) 
The applicant fails to pass the examination required by Section 3-1.2027(f), or fails to meet other requirements of this article;
(f) 
The applicant has tested positive for any of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations or for alcohol. For the purposes of this subsection, a positive test for alcohol means an alcohol screening test showing a breath alcohol concentration of more than two hundredths of one percent.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
Where the permit is denied, the applicant shall be notified in writing in accordance with Section 3-1.2039 of this article of the denial and the reasons therefor.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
Operator's permits issued pursuant to this article shall be effective for a period of two years from date of issuance, unless a shorter term is specified on the permit.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
An operator's permit issued under this article may be revoked or suspended by the Traffic Authority for any of the following reasons:
(a) 
A material false statement contained in the application;
(b) 
Failure of permittee to comply with federal, state or local laws;
(c) 
Failure of permittee to comply with provision of this article or regulations promulgated by the Traffic Authority;
(d) 
The permittee has been convicted of a felony, reckless driving, pandering, the use, sale, possession, or transportation of narcotics or illicit intoxicating liquors, or for assault or battery, or for the driving under the influence of alcohol or narcotics;
(e) 
Within the preceding 12 month period, the permittee has been convicted of or pleaded guilty to three or more moving violations under the State Vehicle Code or has been determined by the Department of Motor Vehicles (or equivalent public entity) to be at fault in two or more vehicular accidents in any state;
(f) 
The permittee has tested positive for any of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations or for alcohol. For the purposes of this subsection, a positive test for alcohol means an alcohol screening test showing a breath alcohol concentration of more than two hundredths of one percent. Procedures for random testing and requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
Prior to suspension or revocation of a public transportation operator's permit, the permittee shall be notified in writing in accordance with Section 3-1.2039 of this article of the grounds for suspension or revocation, and a hearing shall be held thereon by the Traffic Authority. Notice of the hearing shall be given to the permittee at least 10 days prior to such hearing.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
Where the conduct or activity of the permittee creates an imminent peril to the public health, welfare, or safety, the permit may be summarily suspended by the Traffic Authority upon written notice to the permittee stating the basis for the suspension; provided further, any temporary emergency suspension shall not exceed 15 days pending a hearing under Section 3-1.2031 of this article.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
Any final decision of the Traffic Authority denying, suspending, or revoking an operator's permit may be appealed to the designated Hearing Officer under the procedure set forth in Section 3-1.2019 of this article. Any decision rendered by the Hearing Officer under this section shall be final and shall not be appealable to the City Council.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
(a) 
All operators of public transportation vehicles regulated by the provisions of this article shall keep and complete an accurate record of each trip upon a daily trip sheet approved by the Traffic Authority. Such daily trip sheet shall show the following information for each trip:
(1) 
The time and place of origin and destination of the trip;
(2) 
The number of passengers carried;
(3) 
The mileage; and,
(4) 
The amount of fare collected.
(b) 
The requirements of subsections (a)(1) and (2) shall be completed at the commencement of the trip, and subsections (a)(3) and (4) shall be completed immediately upon the completion of the trip.
(c) 
Daily trip sheets shall be filed daily by the operator with the business under whose certificate of public convenience and necessity the operator conducts business, and such records shall be kept on file and available for inspection by the Traffic Authority or any designee thereof for a period of not less than six months.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
The Traffic Authority shall have the power and authority to promulgate rules and regulations for the implementation and enforcement of provisions of this article, and when duly promulgated, such rules and regulations shall be in full force and effect.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
Whenever a notice is given pursuant to the provisions of this article, unless different provisions are otherwise specifically designated, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage paid, addressed to such person at his or her last known business or residence address as the same appears in the public records or other records pertaining to which such notice is directed.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
Proof of giving any notice may be made by the declaration or affidavit of any officer or employee of the City or by any person over the age of 18 years, which shows service in conformity with this article or such other provisions of law as applicable to the subject matter concerned.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
In addition to other penalties provided in this article, the violation of any of the provisions of this article shall be deemed a misdemeanor and, upon conviction thereof, shall be punishable as set forth in Chapter 2 of Title 1 of this Code.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
(a) 
Pursuant to Section 22655.5 of the California Vehicle Code, a Peace Officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the California Penal Code, may remove a public transportation vehicle as regulated by this article from the highway or from public or private property within the City and have same stored for a period not to exceed 30 calendar days if the peace officer has probable cause to believe that the vehicle was being operated without a valid vehicle permit (as required by subsection 3-1.2010(a) of this article) or by a person who is not in possession of a valid operator's permit (as required by Section 3-1.2025 of this article).
(b) 
When a vehicle has been removed and stored ("impounded") pursuant to Section 3-1.2042(a), the Traffic Authority shall provide the vehicle's registered and legal owners as reflected on the most current Department of Motor Vehicles registration records, or their agents, with the opportunity for a post-storage hearing to determine the validity of the storage, or to consider mitigating circumstances attendant to the impoundment.
(c) 
A notice of the impoundment shall be mailed (via certified mail, return receipt at the address listed on the most current Department of Motor Vehicles registration records) or personally delivered to the registered and legal owners within 48 hours, excluding weekends and holidays, and shall include all of the following information:
(1) 
The name, address, and telephone number of the agency providing the notice;
(2) 
The location of the place of storage and description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage;
(3) 
The authority and purpose for the removal of the vehicle, and the time of impoundment not to exceed 30 days; and,
(4) 
A statement that, in order to receive their post-storage hearing, the owners, or their agents, shall request the hearing in person, writing, or by telephone to the agency providing the notice (or in any other manner required in the notice) within 10 days of the date appearing on the notice.
(d) 
The failure of the registered or legal owners to receive notice properly served in accordance with this section at the address(es) listed on the most current Department of Motor Vehicles registration records, or the failure to notify any person with legal interest in the vehicle that is not listed on the most current Department of Motor Vehicles registration records, does not constitute defective service and shall not be a bar to the impoundment procedures set forth in this article.
(e) 
The post-storage hearing shall be conducted by the Traffic Authority, or its designee, within 48 hours of the request, excluding weekends and holidays. In no circumstance may the hearing officer be the same person who directed the impoundment of the vehicle.
(f) 
No vehicle impounded pursuant to this section shall be released without presentation of the registered owner's or agent's currently valid driver's license to operate the vehicle and proof of current registration and liability insurance (in the limits as required by law), or upon order of a court.
(g) 
The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, in accordance with Section 22850.5 of the California Vehicle Code.
(h) 
Pursuant to Section 22655.5(d) of the California Vehicle Code, in any prosecution of the crime for which a vehicle was impounded pursuant to this section, the prosecutors may request, and the court may order, the perpetrator of the crime, if convicted, to pay the costs of towing and storage of the vehicle, and any administrative charges in accordance with Section 22850.5 of the California Vehicle Code.
(i) 
The notice and hearing provisions of this section shall not apply to vehicles abated as a public nuisance pursuant to Section 22660 of the California Vehicle Code and/or Chapter 18 of Title 5 of this Code, or to vehicles impounded for investigation/evidentiary purposes pursuant to Section 22655.5(b) of the California Vehicle Code.
(§ 2, Ord. 726-NS, eff. May 19, 2004)
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The City Council of the City of Huntington Park declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.
(§ 2, Ord. 726-NS, eff. May 19, 2004)