HomeMy WebLinkAboutORD NO. 18-1383 (PEDICAB OPERATIONS)1
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ORDINANCE NO. 18-1383
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
ADDING CHAPTER 5.76 (PEDICAB OPERATIONS) TO TITLE 5 OF THE
HERMOSA BEACH MUNICIPAL CODE TO AUTHORIZE THREE -WHEELED
PEDICABS AND AMENDING SECTION 5.72 (AUTOMOBILE FOR HIRE AND
TAXICAB OPERATIONS) OF TITLE 5 IN THE HERMOSA BEACH MUNICIPAL
CODE TO REMOVE REFERENCE TO AUTOMOBILES FOR HIRE
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
A. California state law allows the City to adopt rules and regulations for vehicles for hire
and drivers of passenger vehicles for hire pursuant to California Vehicle Code ("CVC") § 21100;
B. California state law defines "vehicle" as a device by which any person or property
may be propelled, moved, drawn upon a highway, excepting a device moved exclusively by
human pedal power or used exclusively upon stationary rails or trailers pursuant to CVC § 670;
C. California state law applies all of the provisions of the CVC that are applicable to a
driver of a vehicle to a person operating a pedicab upon a highway pursuant to CVC § 21200;
D. California state law defines "pedicab" pursuant to CVC § 467.5 as the following:
(a) A bicycle that has three or more wheels, that transports, or is capable of
transporting, passengers on seats attached to the bicycle, that is operated by a person, and that is
being used for transporting passengers for hire.
(b) A bicycle that pulls a trailer, sidecar, or similar device, that transports, or is
capable of transporting, passengers on seats attached to the trailer, sidecar, or similar device, that
is operated by a person, and that is being used for transporting passengers for hire.
(c) A four -wheeled device that is primarily or exclusively pedal -powered, has a
seating capacity for eight or more passengers, cannot travel in excess of 15 miles per hour, and is
being used for transporting passengers for hire. A Pedicab defined under this subdivision is
subject to the requirements of Article 4.5 (commencing with § 21215) of Chapter 1 of Division 11
[of the CVC].
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E. California state law requires that a pedicab, as the term is defined in CVC § 467.5(c),
be authorized by local ordinance or resolution to operate within that local jurisdiction pursuant to
CVC § 21215;
F. California state law authorizes a local authority to impose more stringent operating or
equipment requirements on a pedicab pursuant to CVC § 21215.5;
G. Presently, under the Hermosa Beach Municipal Code, Chapter 5.72 (Automobiles for
Hire and Taxicab Operations), the City authorizes and regulates the operation of taxicabs and
automobiles for hire, including pedicabs, which is an undefined term;
H. While pedicabs may offer a zero emission transportation option, the increase of
pedicabs, as defined by CVC § 467.5(c), in the City has resulted in the following concerns: (1)
significant pedestrian and vehicular congestion; (2) serious safety issues for other vehicles,
pedestrians, and passengers; (3) excessive levels of noise in residential areas; and (4) disorderly
conduct in public areas due to intoxicated patrons;
I. Through the adoption of this ordinance, the City intends to make clear that pedicabs, as
defined by CVC § 467.5(c), are not authorized to operate within the City. The City also intends to
make clear through the adoption of this ordinance that the only types of pedicabs for hire that are
allowed to be operated within the City are those defined by CVC § 467.5(a) and (b);
J. The City Council finds that it is necessary to create a new chapter in the City's
Municipal Code, Chapter 5.76 (Pedicab Operations), to authorize operation of pedicabs, as
defined by CVC § 467.5(a) and (b), and to explicitly prohibit operation of pedicabs, as defined by
CVC § 467.5(c), to mitigate negative impacts on traffic circulation, to protect the safety of its
residents and visitors, and to promote the health, safety, and welfare of the general public in the
City; and
K. The City Council also finds it necessary to amend Chapter 5.72 (Automobiles for Hire
and Taxicab Operations) to remove all reference to automobiles for hire and pedicabs.
SECTION 2. Chapter 5.76 of the Hermosa Beach Municipal Code is hereby added to
read as follows:
Chapter 5.76 PEDICAB OPERATIONS.
Sec. 5.76.010 Purpose.
The purpose of this Chapter is to provide rules and regulations governing the operation and
licensing of Pedicab businesses, drivers, and devices.
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Sec. 5.76.020 Definitions.
The following words or phrases as used in this Chapter shall have the following meanings:
"Pedicab" has the same meaning as the term that is defined by the California Vehicle Code
§§ 467.5(a) and (b).
"Pedicab Driver Permit" means a nontransferable authorization for a Person to provide
Pedicab Services in the City by operating the Pedicab device.
"Pedicab Service" means a Person that has been issued a Pedicab Service Permit and a
business license to operate a Pedicab business in the City.
"Pedicab Service Permit" means a nontransferable authorization for operation of a Pedicab
business pursuant to the provisions of this Chapter.
"Pedicab Decal" means a nontransferable authorization, affixed to the Pedicab by the City,
for a Pedicab device to be operated in the City.
"Person" means and includes both singular and plural, and means and includes any
individual, firm, corporation, association, partnership, or business entity, exclusive of public
agencies.
Sec. 5.76.030. Authorization.
Only a Pedicab that meets the definition of CVC § § 467.5(a) or (b) shall be authorized to
operate within the City. For clarity purposes, a pedicab as defined in CVC § 467.5(c) is not
authorized to operate within the City.
Sec. 5.76.040 Rules and Regulations.
The City Manager, or designee, is authorized to adopt rules and regulations consistent with
this Code and necessary to implement this Chapter. Such rules and regulations may include, but
are not limited to, provisions governing: Pedicab service and safety; Pedicab vehicle equipment
standards; conditions and qualifications of applicants for Pedicab Service Permits, Pedicab Driver
Permits, and Pedicab Decals; and the responsibilities of the person who provides Pedicab Services
and the Pedicab Driver.
Such rules and regulations shall be filed in the office of the City Clerk where they shall be
made available for inspection by the public.
Violations of rules and regulations issued pursuant to this Section shall constitute
violations of this Chapter, and shall subject the violator to the penalties set forth in this Chapter.
Sec. 5.76.050 Pedicab Service Permit Required.
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No Person shall operate, or cause to be operated, a Pedicab business within the City
without having first obtained a Pedicab Service Permit and a business license from the City.
To obtain a Pedicab Service Permit, each applicant shall file with the City a complete and
verified application, which is available at the City's Finance Cashier Office, including a
description of the applicant's routes of Pedicab operations, proof of adequate insurance, and other
information such as that prescribed by the rules and regulations adopted in accordance with this
Chapter.
The application shall be signed under penalty of perjury and contain the following
information:
A. The legal name, actual street address, and phone number of the applicant. If the
Pedicab Service is advertised to the public and operates under a name other than the name of the
applicant, that name shall be included as well;
B. The street address from which the applicant conducts or will conduct the Pedicab
Service business. A Person may not use a post office box, mailbox, message service, or other
similar device as the actual street address of the business for purposes of this Chapter. A post
office box, mailbox, message service, or other similar device can be used as the mailing address of
the business for business purposes only;
C. Number of Pedicabs to be operated under the permit;
D. The proposed color scheme, insignia, or other distinguishable characteristics of the
Pedicabs to be used;
E. Evidence satisfactory to the City Manager of having procured comprehensive general
liability insurance which will insure and indemnify the applicant and the passengers riding in the
Pedicab against liability or financial loss resulting from injury occurring to Persons or passengers
from the operation of such Pedicabs in an amount not less than $100,000 per occurrence and
$300,000 in the aggregate;
1. The policy insurer must maintain a Best rating of "A" or better for non -
admitted carriers (with proof of licensing or rating to be provided by applicant);
2. The policy shall be primary and not contributing to any other insurance
maintained by the City;
3. The policy shall name the City, the City Council, its officers, agents, and
employees as additional insureds;
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4. The policy shall provide the City Manager with thirty (30) days prior notice of
any cancellation or modification of the policy; and
5. As a condition of the permit, the permittee agrees to indemnify, defend, and
save harmless the City, its agents, officers, and employees from and against any and all liability,
expense, including defense costs and legal fees and claims for damages of any nature whatsoever,
including, but not limited to, bodily injury, death, personal injury, or property damage arising
from or connected with the permittee's activities, including any worker's compensation suits,
liability or expense, arising from or connected with services performed by or on behalf of the
permittee by and pursuant to this permit.
F. Unless otherwise provided by law, evidence that the applicant has procured workers
compensation insurance covering any and all operators of the Pedicab to be employed by the
applicant should a Pedicab Service permit be issued;
G. The names of each driver to be employed who will operate a Pedicab in the City and a
copy of any and all current licenses of each operator of the Pedicab;
H. A statement by the applicant that no operator of the Pedicab employed or to be
employed has been convicted of driving under the influence of alcohol or drugs within the
previous five (5) years;
I. Rates to be charged to the public throughout the term of any permit issued;
J. The routes upon which the Pedicab Service will operate;
K. The names, addresses, and telephone numbers of no less than two (2) individuals who
may be contacted twenty-four (24) hours a day, seven (7) days a week by the City in case of an
emergency; and
L. Any other information that the City Manager deems necessary.
Sec. 5.76.060 Pedicab Driver Permit Required.
No Person shall operate a Pedicab within the City without having first obtained a valid
Pedicab Driver Permit.
To obtain a Pedicab Driver Permit, each Person shall file with the City, a complete and
verified application, which is available at the City's Finance Cashier Office, containing
information prescribed by the rules and regulations adopted in accordance with this Chapter.
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Pedicab Driver Permits will only be issued after the driver has provided evidence of a valid
driver's license issued by the California Department of Motor Vehicles, passed a background
check, and complied with all other rules and regulations adopted in accordance with this Chapter.
Sec. 5.76.070 Pedicab Decal Required.
No Person shall lease, rent, or allow a Pedicab to be operated within the City without
ving first obtained a Pedicab Decal. The decal shall be affixed to the Pedicab in a manner clearly
sible to the public.
To obtain a Pedicab Decal, each Person shall file with the City, a complete and verified
ication, which is available at the City's Finance Cashier Office, containing information
cribed by the rules and regulations adopted in accordance with this Chapter.
The pedicab that is the subject of the Pedicab Decal application shall pass a safety
ection before the Pedicab Decal is issued. A Pedicab Decal will only be issued if the City finds
the Pedicab is safe for operation and complies with applicable safety and equipment rules and
lations adopted in accordance with this Chapter.
Sec. 5.76.080 Denial, Suspension, or Revocation of Pedicab Service Permit, Pedicab
,cr Permit, or Pedicab Decal; Appeal Procedure.
The City Manager may initiate an investigation of facts for each application with the
lice Department or other appropriate agencies.
Pedicab Service Permits, Pedicab Driver Permits, and Pedicab Decals may be denied,
suspended, or revoked by the City Manager, or designee, for failure to comply with subchapter
5.76.130 or based upon any one of the following grounds:
The Pedicab Service has failed to comply with applicable laws or rules and regulations
relating to Pedicab operations, including, but not limited to the following:
Failing to provide required information upon request by the City;
Failing to pay fees as required by this Chapter;
Failing to employ drivers with valid California drivers' licenses;
Failing to procure required Commercial General Liability; and
Failing to procure required Workers' Compensation Insurance.
The Pedicab Driver has failed to comply with applicable laws or rules and regulations
relating to Pedicab operations, including, but not limited to the following:
Failing to maintain a valid California driver's license; and
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Failing to pass a background check (i.e., the Pedicab Driver has been convicted of
assault, battery, resisting arrest, any felony involving force and violence or moral turpitude, any
misdemeanor or felony reckless driving or driving under the influence offense, or any crime
reasonably related to the qualifications, functions, or duties of the passenger transport business, or
the ability of the operator or driver to safely transport passengers.)
The Pedicab Service or the Pedicab Driver has been convicted of a crime that requires
registration pursuant to California Penal Code § 290.
The Pedicab Service or Pedicab Driver has knowingly made a false statement of material
fact, or knowingly failed to state a material fact in the application process for the Pedicab Service
Permit, Pedicab Driver Permit, or Pedicab Decal.
The Pedicab Service has been issued more than two (2) Pedicab Service Permits in the
City so that the excessive number of Pedicabs in the City contributes to an overall public health
and safety problem.
An applicant who is denied a Pedicab Service Permit, Pedicab Driver Permit, or Pedicab
Decal may appeal such denial pursuant to the procedure set forth in § 5.72.160 of this Code.
Sec. 5.76.090 Pedicab Parking.
The City may designate Pedicab parking stands to provide safe drop-off and pick-up areas
for Pedicabs.
Sec. 5.76.100 Pedicab Operations.
A Pedicab Service and Driver shall:
Keep Pedicabs within its fleet in clean and sanitary conditions, and be free from
mechanical or safety defects;
Operate as closely as practical to the right-hand curb or edge of the roadway,
except when necessary to overtake another vehicle, to avoid a stationary object, or when preparing
to make a left turn;
Make Pedicabs within its fleet available for inspections at reasonable times by the
City; and
Report any accidents caused or experienced by Pedicabs to the Hermosa Beach
Police Department.
It is unlawful for any Person to:
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Operate a Pedicab without a valid Pedicab Service Permit, Pedicab Driver Permit,
or Pedicab Decal;
Operate a Pedicab in any manner that 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 or under the direction of law enforcement personnel;
Park or leave standing a Pedicab in violation of State or City laws;
Operate a Pedicab over any route not designated in the Pedicab Service Permit;
Operate a Pedicab in a manner that results in damage to property;
Operate a Pedicab while carrying a number of passengers that exceeds the number
of available seats;
Operate a Pedicab without seats that have a complete and secure back to them or
other means to prevent passengers from falling backwards, out of the seat, and into the public
right-of-way;
Operate a Pedicab without reflectors, headlights, and grab rails;
Operate a Pedicab while under the influence of drug(s) or alcohol;
Operate a Pedicab while any driver or passenger is in possession of an open
container of alcohol;
Operate a Pedicab with passengers who are intoxicated, unruly, loud, or disruptive
to passerby or City residents;
Operate a Pedicab without having a City -approved insurance policies in full force
and effect at all times during the operation of the Pedicab;
Unload passengers on roadways or in the middle of highways;
Operate a Pedicab with sound amplification equipment;
Advertise or otherwise hold itself out as providing Pedicab Services within the
City, unless such Person is operating pursuant to City -issued Pedicab permits; and
Refuse to comply with a lawful order from a City official or police officer charged
with enforcement of this Chapter.
A Pedicab Service and Driver shall be jointly and severally responsible for
adhering to the requirements of this Subchapter.
Any Person who violates or willfully fails to comply with the provisions of this Chapter is
guilty of an infraction.
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A violation of, or failure to comply with, any of the requirements in this Section may result
in the denial, suspension, or revocation of a Pedicab permit.
Sec. 5.76.110 Fees and Permits.
A schedule of fees to recover the costs associated with the administration and enforcement
of this Chapter may be adopted by resolution of the City Council.
No Person may be issued a Pedicab Service Permit, Pedicab Driver Permit, or Pedicab
Decal until that applicant has paid all applicable fees.
Sec. 5.76.120 Transfers.
Pedicab Service Permits, Pedicab Driver Permits, and Pedicab Decals are the property of
the City and are nontransferable.
Sec. 5.76.130 Expiration; Renewal.
Every Pedicab Permit issued under this Chapter shall terminate at the expiration of one
I year from the date of its issuance unless revoked prior to said termination.
Any renewal of a permit issued under this Chapter shall be pursuant to the same
requirements, procedures, provisions, and regulations set forth in this Chapter for an original
permit, except as otherwise herein provided.
5.76.140 Enforcement.
Any Person violating any provision of this Chapter shall be guilty of an infraction, which
shall be punishable by a fine not exceeding two hundred fifty dollars ($250) per violation; or a
misdemeanor, which shall be punishable by a fine not exceeding one thousand dollars ($1,000)
per violation, or by imprisonment in the County Jail for a period not exceeding six (6) months, or
by both such fine and imprisonment. Where the violation is of a continuing nature, each day that
the violation continues constitutes a separate and distinct violation.
Any Person violating any provision of this Chapter shall be subject to administrative fines
and penalties pursuant to Chapter 1.09 of this Code.
lows:
The remedies specified in this Section are cumulative and their specification shall not
the use of any other remedy provided by law.
SECTION 3. Chapter 5.72 of the Hermosa Beach Municipal Code is amended to read as
Chapter 5.72 TAXICAB OPERATIONS.
Sec. 5.72.020 Purpose.
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The purpose of this Chapter is to provide rules and regulations governing the operation and
itting of Taxicab Service companies and Drivers. The further purpose of this Chapter is to
as the Taxicab transportation service policy of the City of Hermosa Beach as required to be
by California Government Code Section 53075.5(b).
Sec. 5.72.020 Definitions.
As used in this Part, the following terms shall have the meanings set forth below:
"City Manager" means the City Manager of the City of Hermosa Beach or a
designee thereof.
"Driver" means any Person driving a Taxicab either as Owner or under the
direction, employment, control, or service of the Owner as herein defined.
"Owner" means every Person having control, whether by a ten percent (10%) or
greater ownership interest, lease, or otherwise of any Taxicab.
"Person" means and includes both singular and plural, and means and includes any
individual, firm, corporation, association, partnership, or business entity, exclusive of public
agencies. "Stand" means a place designated by the Parking and Traffic Engineer of the City for
use by any vehicle licensed hereunder while awaiting employment.
"Taxicab" means any vehicle designed to carry not more than eight (8) Persons,
excluding the driver, and which is used to provide Taxicab Service as defined in this Part.
"Taxicab Service" means any public passenger transportation service utilizing a
Taxicab and available for hire on call or demand over the public streets of the City where the
service is not provided over a defined route, but is between such points and over such routes as
may be directed by the Person(s) hiring the same, and irrespective of whether the operations
extend beyond the area of the corporate limits of the City. The term "Taxicab Service" shall
include the act of picking up any passenger in the City, but shall not include the sole act of
delivering any passenger to a location within the City.
"Taximeter" includes a device that automatically calculates a predetermined rate or
rates for Taxicab Services and indicates the charge for the hire of a Taxicab, including Internet,
Web, or other network -based applications. Taximeters may also facilitate flat rates or promotional
rates.
5.72.030 Permit Required for Taxicab Service.
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It is unlawful for any Person to engage in the business of operating or causing to be
operated any Taxicab Service within the City without having a franchise or a permit to do so
pursuant to the provisions of this Chapter. The City Council may in its discretion issue one or
more exclusive franchises for the provision of Taxicab Services within the City upon finding that
franchising is necessary to assure reliable, safe, and quality Taxicab Services to City residents and
to eliminate undue congestion, disorganization, and hazards associated with a deregulated Taxicab
environment. In such event, upon issuance of one or more franchises, the City shall not accept
new or renewal applications for permits to operate a Taxicab Service and it shall be unlawful for
any Person other than the franchisee(s) to engage in the business of operating or causing to be
operated any Taxicab Service within the City.
5.72.040 Permit Required for Taxicab Service Drivers.
It is unlawful for any Person to drive a Taxicab in the City without having a permit to do
so pursuant to the provisions of this Chapter.
5.72.045 Taxicab Franchise.
One or more exclusive franchises may be issued in accordance with a competitive
procedure and criteria formulated by the City Manager or his designee. Prospective franchisees
shall provide such information as is requested by the City to evaluate their qualifications,
corporate stability, and financial capability to provide exclusive Taxicab Services. Criteria for
eligibility for issuance of a franchise may include, among other things, demonstrated quality and
safety of service, operation of a minimum number of Taxicabs, age and condition of Taxicabs, a
minimum level of insurance, minimal financial qualifications, and the proposed amount of the
franchise fee payable to the City. A franchise agreement entered into pursuant to this Chapter shall
be for a limited term and may include payment by the franchisee of a franchise fee as
consideration for the rights granted under the franchise.
5.72.050 Application for Taxicab Service Permit.
Any Person desiring to obtain a permit to operate a Taxicab Service under this part, or to
renew a permit, shall submit a written application to the City Manager on an application form
provided by the City Manager. Applications shall be signed under penalty of perjury and shall
contain the following:
A. The legal name, actual street address, and phone number of the applicant if the
applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation.
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Additionally, the names and addresses of all directors, any stockholder holding ten (10) percent or
more the shares of the corporation, and the name and address of an officer who is duly authorized
to accept service of legal process shall be included. A corporate applicant shall also provide a
Certificate of Domestic Stock Ownership. If the applicant is a partnership, the names and
addresses of each general partner shall be stated. If one (1) or more of the partners is a
corporation, the provisions of this subsection pertaining to a corporate applicant shall apply. If the
applicant is a cooperative, member stock -type operation, service organization, or association, the
application shall include the names, addresses, and business phone number of each of the officers,
directors, and each stockholder owning any portion of any stock organization or association as
well as the address to which notice, when required, is to be sent or mailed, and the names of every
individual authorized to accept service of process on behalf of the applicant. If the Taxicab
Service is advertised to the public and operates under a name other than the name of the applicant,
that name shall be included as well. The applicant shall give all fictitious business names used in
Los Angeles County in the last five (5) years;
B. The street address from which the applicant conducts or will conduct the Taxicab
Service business, as well as the location at which the vehicles will be garaged and where dispatch
will be conducted. A Person may not use a post office box, mailbox, message service, or other
similar device as the actual street address of the business for purposes of this Chapter. A post
office box, mailbox, message service, or other similar device can be used as the mailing address of
the business for business purposes only;
C. Number of vehicles to be operated under the permit;
D. The make, type, year, manufacturer, and passenger seating of the vehicles to be used
by the applicant, together with evidence satisfactory to the City Manager that each Taxicab
proposed to be utilized has been safety inspected within a period of time satisfactory to the City
Manager, and otherwise complies in all respects with any and all applicable laws, rules, and
regulations;
E. The proposed color scheme, insignia, or other distinguishable characteristics of the
Taxicab to be used, including the type of illuminated sign to be mounted on the top of the vehicle,
if any, and legend thereon;
F. Evidence satisfactory to the City Manager of having procured comprehensive general
liability and automobile liability insurance which will insure and indemnify the applicant and the
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passengers riding in the Taxicab against liability or financial loss resulting from injury occurring
to Persons or passengers from the operation of such vehicles in an amount not less than
$1,000,000 for bodily injury to any Person, $300,000 for any one accident, and $50,000 for any
property damage.
1. The policy insurer must be either a carrier licensed by the State of California to
sell commercial automobile liability in the State of California and be an admitted carrier member
of the California Insurance Guarantee Fund, or maintain an AM Best rating of "A" or better for
non -admitted carriers (with proof of licensing or rating to be provided by applicant);
2. The policy shall be primary and not contributing to any other insurance
maintained by the City;
3. The policy shall name the City, the City Council, its officers, agents, and
employees as additional insureds;
4. The policy shall provide the City Manager with thirty (30) days prior notice of
any cancellation or modification of the policy;
5. As a condition of the permit, the permittee agrees to indemnify, defend, and
save harmless the City, its agents, officers, and employees from and against any and all liability,
expense, including defense costs and legal fees and claims for damages of any nature whatsoever,
including, but not limited to, bodily injury, death, personal injury, or property damage arising
from or connected with the permittee's activities, including any worker's compensation suits,
liability or expense, arising from or connected with services performed by or on behalf of the
permittee by and pursuant to this permit;
G. Legal and registered ownership of the vehicles to be used by the applicant;
H. Prior experience of the applicant in the Taxicab business including the details of any
prior denial, revocation, or suspension by any public agency of any type of Taxicab driving
permit, license, or certificate;
I. The names of each driver to be employed who will operate a Taxicab in the City, a copy
of any and all current licenses of each driver necessary to operate a Taxicab;
J. A statement by the applicant that no driver employed or to be employed has been
convicted of driving under the influence of alcohol or drugs within the previous five (5) years;
K. Rates to be charged to the public throughout the term of any permit issued;
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L. Unless otherwise provided by law, evidence that the applicant has procured workers
compensation insurance covering any and all drivers to be employed by the applicant should a
Taxicab Service permit be issued;
M. Evidence satisfactory to the City Manager establishing that the applicant has complied
and currently complies with the provisions of California Government Code Section 53075.5
(b)(3), or any successor provision thereto, pertaining to pre -employment and periodic testing of
drivers for controlled substances and alcohol, and with provisions therein pertaining to payment
for drug and alcohol testing programs and related reporting requirements. The applicant shall also
provide evidence satisfactory to the City Manager that each driver to be utilized in the City has
tested negative for drugs and alcohol no more than one (1) month prior to employment or within
the previous six (6) months, whichever is later;
N. The names, addresses, and telephone numbers of no less than two (2) individuals who
may be contacted twenty-four (24) hours a day, seven (7) days a week by the City in case of an
emergency;
O. An explanation of how the permittee will provide service to people with disabilities
which make it difficult to use conventional Taxicabs;
P. Such further information pertinent to the operation of the proposed Taxicab Service,
including but not limited to the business backgrounds of the officers and directors, certified
business financial statements, and lease arrangements as either the City Manager or the Police
Chief may require;
Q. A public convenience and necessity proposal which must contain the following
information:
1. Provisions demonstrating the need and necessity of a Taxicab Service, including
an estimate of the need for a Taxicab Service in the City. This shall include, but not be limited to,
any survey, study, or other preparation of facts which demonstrates the need for a Taxicab Service
in such operating area.
2. The history of the organization, and the manner in which it is organized
including, without limitation, the date of formation, the business commencement date(s), and all
business locations in California during the last five (5) years; and
R. Any other information that the City Manager deems necessary.
5.72.060 Issuance of Taxicab Service Driver Permits.
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Upon the furnishing of all of the information required by Section 5.72.050 and payment of
the required fee, the City Manager shall determine whether or not the applicant has satisfied all
requirements of this Chapter. The City Manager may initiate an investigation of facts for each
application with the appropriate City or County agencies including, but not limited to, the City's
Police Department. If the City Manager finds that all requirements of this part have been satisfied,
an annual Taxicab permit shall be issued. The permit shall be deemed to authorize use of only
those drivers and Taxicabs/automobiles described in the application.
An application which is not complete shall be returned to the applicant along with a list of
the deficiencies. The application shall be deemed abandoned if, within fourteen (14) calendar days
from the first class mailing of any notice from the City, the application is not received by the City
with all of its defects entirely corrected.
A Taxicab Driver's permit shall be issued to each qualified Driver listed in the Taxicab
application and to each qualified Driver subsequently listed with the City by the Taxicab Service
applicant. Such permit shall be valid so long as the driver continues to satisfy all requirements of
this Chapter and the Driver's Taxicab Service employer maintains a current Taxicab Service, or
until the Taxicab Driver's permit may be revoked as provided herein.
Different drivers may be utilized by a permitted Taxicab Service provided all Driver
information required as part of the Taxicab Service permit application process is provided to the
City Manager in writing at least ten (10) days prior to such driver commencing to operate any
Taxicab Service in the City. Use of any additional or different Taxicab Service shall require City's
prior written consent. Any applicant denied a Taxicab Service permit, or renewal of same, shall be
notified in writing of such denial and the grounds upon which such denial is based.
laws;
5.72.070 Grounds for Denial or Revocation of Taxicab Service Permit.
A Taxicab Service permit may be denied or revoked on the following grounds:
A. Failure to maintain vehicles in good and safe order and in compliance with all
B. Any false, misleading, or fraudulent statement made on an application
submitted under this Part;
C. Failure to pay any fees as required under this Chapter;
D. Repeated and persistent violations by the permittee or the permittee's Drivers
of the traffic laws of the City, County, or State;
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E. Employment of a driver providing Taxicab Service within the City who does
not have a valid Taxicab Service Driver's permit or renewal thereof issued pursuant to this
Chapter;
F. Employment of a Driver providing Taxicab Services within the City who does
not have a valid California driver's license as required by law;
G. Repeated and persistent poor safety record and/or a record of complaints, with
respect to the operation of the Taxicab Service within the City or other operating areas outside the
City;
H. Charging rates in excess of the amounts stated in the permit application;
I. Failure to procure, post, or maintain in effect approved comprehensive
automobile liability insurance as required under Section 5.72.050(F) of this Chapter. A temporary
lapse in insurance coverage may result in immediate suspension pursuant to Section 5.72.150
below. Repeated or continued failure to maintain the insurance required under this Chapter will
result in revocation pursuant to Section 5.72.140.
J. Commission of, by either an applicant, his or her agent or employee, or any
Person connected or associated with the applicant as a partner, director, officer, stockholder,
associate, or manager, a crime involving moral turpitude which is substantially related to the
business activity for which the license is sought or issued;
K. Failure to comply with all applicable health, zoning, fire, building, and safety
laws of the State of California and the City for buildings, structures, premises, or equipment
located within the City and used to conduct the Taxicab Service activity;
L. Commission or assistance in the commission, of, by either an applicant, his or
her agent or employee, or any Person connected or associated with the applicant as a partner,
director, officer, stockholder, associate, or manager, any act or act of omission which would be
grounds for disciplinary action pursuant to this Chapter;
M. Resulting detriment to the public health, safety or welfare due to the
establishment of the Taxicab Service;
N. Violation by the applicant, or any of his or employees or agents, of any rule or
regulation adopted by any governmental entity with respect to the applicant's operation of a
Taxicab Service in other operating areas or within the City;
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O. Determination by the City Manager that the permit is not justified by public
convenience and necessity. In making this determination, the City Manager may take into account
all facts which it deems pertinent and proper, including but not limited to, whether:
1. The applicant has complied with all of the provisions of the City's
Municipal Code;
2. The applicant is financially responsible and under efficient management;
3. The applicant is capable of providing safe and prompt Taxicab Services;
4. The proposed insignia and color scheme for the applicant's Taxicab do
not conflict with any existing permittee operating within the City so as to deceive or tend to
deceive the public. Upon such finding, the applicant may amend such application to designate a
different color scheme or insignia;
5. The applicant has presented evidence sufficient to justify operation of a
specified number of Taxicabs in the City;
6. The applicant has sufficient liability insurance coverage to operate a
Taxicab Service;
P. Failure to comply with the requirements of Section 5.72.110 of this Chapter.
Q. Violation of, or failure to satisfy any requirements contained in any of the
provisions of this Chapter.
5.72.080 Conditions of Approval.
A. Right to Condition Permit. The City Council may condition any permit at any time in
order to ensure that the Taxicab Service will comport with the public health, safety, and welfare.
Further, the City Council may condition such permit where it finds that grounds for denial or
revocation of the permit exist or that the manner in which the business has been conducted or
operated is detrimental to the public health, safety, and welfare. The permittee shall sign an
affidavit affirming his or her acceptance of the conditions.
B. Application to Change Conditions. The City Council may change, modify, or eliminate
any conditions previously placed on the permit upon its own motion or upon written request of the
permittee if it finds that the reasons for the original imposition of such conditions have been cured
or no longer exist. Applications to change conditions shall be noticed and set for public hearing in
a manner consistent with Sections 5.72.140 and 5.72.150 of this Chapter.
5.72.090 Transfers.
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No permit issued under this Chapter shall be sold, transferred, assigned, mortgaged, or
otherwise conveyed without the consent of the City Manager, and any sale, transfer, assignment,
mortgage, or otherwise conveying any such permit without consent and approval of the City
Manager shall render the permit automatically void.
5.72.100 Permit Fees.
A. Every Person engaging in or carrying on the business of Taxicab Service shall pay an
annual vehicle permit fee as established by resolution of the City Council. Required fees shall be
paid at the time an application for a permit or renewal thereof is submitted under this Chapter.
B. Every vehicle permit issued under this Chapter shall terminate at the expiration of one
year from the date of its issuance unless revoked prior to said termination. Any renewal of a
permit issued under this Chapter shall be pursuant to the same requirements, procedures,
provisions, and regulations set forth in this Chapter for an original permit, except as otherwise
herein provided. A Person holding a permit may not drive a Taxicab Service without also
possessing a current Taxicab Driver's permit and otherwise satisfying all requirements of this
Chapter pertaining to City approval of the Taxicab Drivers. Every Taxicab permittee shall provide
written notification to the City Manager upon the termination of any Taxicab Driver possessing a
City Taxicab Driver's permit.
5.72.110 Requirements Applicable to Taxicab Drivers.
Every Taxicab Driver and/or service operator shall be jointly and severally responsible for
all of the following requirements:
Each Taxicab Service operator:
A. Shall maintain, at all times in full force and effect, insurance as required by
Section 5.72.050(F) of this Chapter.
B. Shall maintain, at all times, a valid business license to operate a Taxicab
Service within the City.
Each Taxicab Driver:
A. Shall keep an accurate, legible record of all passengers carried, the pick-up and
drop-off points, and the date and time carried. This record shall be available for up to one (1) year
for review by the City Manager.
B. Shall not, when otherwise available for hire, refuse to transport anyone
requesting a ride except under the following circumstances:
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1. The transportation requested is such that the Driver may not legally
accept such passenger;
2. The Driver has reasonable cause to believe that the proposed passenger
will refuse to pay or cannot pay the fare; or
3. The proposed passenger is disorderly, engaged in the commission of any
crime, or is otherwise unfit to be transported as a passenger.
C. Shall wear a photo I.D. badge identifying the Driver's association with a
permitted Taxicab Service;
D. Shall keep the Taxicab in good mechanical condition and in compliance with
any and all applicable rules and regulations;
E. Shall charge only those rates as submitted on the application or such rates as
have been approved by the City Manager in writing;
F. Shall display in full view of passengers in both the front and the rear seat, in
letters and figures which are clearly legible and not less than one -quarter (1/4") inch high, the
following: (1) a schedule of rates to be charged; and (2) a notice that a schedule of customary rates
from the City's major points of interest is available upon request. The schedules shall have printed
thereon the name of the Taxicab permittee under which the Taxicab is permitted to operate and the
business address and telephone number where comments or complaints regarding the Taxicab
may be directed;
G. Shall keep the Taxicab Service in a clean and sanitary condition;
H. Shall participate in periodic testing for controlled substances and alcohol, shall
report the results thereof, as specified in Government Code Section 53075.5 (b)(3), shall test
negative for drugs and/or alcohol as required in said Code Section, and shall carry in his or her
vehicle a certificate of compliance with the provisions described in this Subsection;
I. Shall not permit any Person to operate a Taxicab unless such Person is
authorized to operate a Taxicab pursuant to this part;
J. Shall not stop for or accept any passenger except at such areas as may be
authorized by the City; or where the Taxicab Driver has driven a passenger to a particular location
and is waiting for such passenger; or when picking up a passenger who has contacted the Taxicab
Driver's employer and requested Taxicab Service;
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K. Shall drive passengers to their point of destination by the most direct practical
route, unless specifically directed otherwise by such passengers;
L. Shall, when engaged, provide current passengers with exclusive right to use of
the passenger compartment, without picking up additional passengers, unless otherwise expressly
permitted by the City;
M. Shall immediately report the fact of any revocation of any permit required to
operate a Taxicab within the City.
N. Shall surrender the Taxicab Driver's permit to the City if no longer employed
by a City -permitted Taxicab Service;
O. Shall fulfill the following equipment requirements:
1. Taxicab equipment.
a. A trunk device which will permit the opening of the trunk lid
from the inside of the trunk;
b. A permanent fixture to display the Taxicab Driver's permit in
prominent view of the passengers;
c. Prominent signs giving the name and telephone number of the
Taxicab permittee on the sides of the vehicle. The Taxicab number shall also be conspicuously
displayed on the rear portion and inside the vehicle.
d. No fewer than four (4) working doors, except that handicapped
accessible mini -van may be used;
e. A fire extinguisher;
f. Four (4) flares;
g. At least two (2) emergency reflectors;
h. Spare tire and jack;
i. Windows which patrons can open from inside; and
j. Working headlights, taillights, turn -signals, back-up lights, and
brake lights, including the "cyclops" or third brake light, if the car has been manufactured in 1988
or later.
2. Taxicab equipment. In addition to the equipment requirements of
Subsection (1) above, every Taxicab into which passengers are accepted for transportation within
the City shall have the following equipment:
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a. A Taximeter, as defined in this chapter;
b. A radio transmitter and receiver capable to two (2) way
communication with a dispatcher;
3. Prohibited Equipment. No Taxicab Service shall be equipped with
scanners or other devices which can be used to intercept radio signals and dispatches sent to
specific destinations.
4. Equipment Waiver Conditions. Notwithstanding the provisions of the
Chapter, the City Council, following application, notice and public hearing, may waive any
equipment requirement upon a showing of good cause by any applicant or permittee. Such waiver
shall be specified on the permittee's permit and any applicable vehicle permit.
P. Shall maintain a valid California driver's license at all times;
Q. Shall perform a yearly inspection of all vehicles operating within the City as
part of his or her Taxicab Service. Such inspection shall be made by a certified automotive repair
dealer. Each Taxicab permittee shall provide the City with written confirmation, signed by that
repair dealer, that the vehicles have been inspected and are in good working order within ten (10)
days of the inspection. Taxicabs which have been inspected pursuant to the requirements of the
City or County of Los Angeles Taxicab regulations may submit proof of such inspections in lieu
of the inspection required herein.
The Taxicab Driver's permit of any Taxicab Driver found to have violated any provision
of this Chapter may be revoked as provided herein.
5.72.120 Taxicab Stands.
A. At its discretion, the City Council may permit the City Manager to locate,
designate, and approve Taxicab stands, which shall be available for the exclusive use of City -
approved Taxicabs.
B. Established Taxicab Stands shall be in operation twenty-four (24) hours of
every day, unless otherwise provided by the City Manager.
C. No Taxicab shall remain standing unless it is attended by a Driver, except when
necessary to assist passengers in loading or unloading.
5.72.130 Taximeters - Required.
A. Except as otherwise provided by law, each Taxicab shall be equipped with a
Taximeter that has been inspected and certified by the county division of weights and measures.
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Each Taximeter shall have affixed to it written or other evidence that such Taximeter has been so
inspected and is currently certified.
B. Except as otherwise provided by law, it is unlawful for any Person operating a
Taxicab to operate such vehicle unless it has approved rates conspicuously posted for passenger
observation, and unless it is equipped with a Taximeter of such type and design as approved by a
county division of weights and measures. It shall be the duty of every permittee hereunder using
any Taximeter to, at all times, keep such meter accurate. Such meters shall be subject to inspection
from time to time by any police officer of the City or any authorized inspector delegated to this
purpose. Upon the discovery of any inaccuracy of a Taximeter, the permittee shall remove or
cause to be removed any vehicle equipped with such Taximeter from the streets of the City until
such Taximeter has been correctly adjusted and certified by the county division of weights and
measures.
5.72.140 Revocation of Permits.
In the event the City Manager has reasonable cause to believe that grounds exist to revoke
any permit issued hereunder as provided herein, a written notice of intent to revoke shall be served
by first-class mail upon the permit holder. Unless timely appealed, the revocation shall be
effective as of midnight on the date specified in the notice which shall not be less than twenty-one
(21) calendar days thereafter.
The notice shall state the grounds for revocation and shall be served upon the permittee by
delivering the same personally or by mailing by first class mail addressed to the permittee at his or
her place of business or residence. Any Taxicab Service operator or Driver having a permit
revoked shall not be eligible to apply for another permit for six (6) months after the effective date
of such revocation.
The City Manager, at his or her discretion may, instead of revocation provide a permit
holder with an opportunity to cure certain violations, or may place certain conditions on the permit
as provided for in Section 5.72.080 of this Chapter.
5.72.145 Rules and Regulations.
The Director of Planning and Community Development or designee is authorized to adopt
rules and regulations consistent with this Code and necessary to implement this Chapter and the
franchise agreements. Such rules and regulations may include, but are not limited to, the following
provisions: governing taxicab service and safety; prescribing limitations, conditions, and
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qualifications of applicants for vehicle permits and Driver permits; and pertaining to the
responsibilities of Taxicab franchisees and Drivers. Such rules and regulations shall be filed in the
office of the City Clerk where they shall be made available for inspection by the public. Violations
of rules and regulations issued pursuant to this Section shall constitute violations of this Chapter,
and shall subject the violator to the penalties set forth in this Chapter.
5.72.150 Suspension.
Any permit described under this Chapter may be immediately suspended if deemed
necessary due to an immediate threat to the public health, safety, or welfare, or a lack of insurance
as required by this Chapter. Repeated failure to maintain insurance as required by this Chapter
will result in revocation pursuant to Section 5.72.140.
Any suspension pursuant to this Section shall not exceed fifteen (15) days pending a
hearing in a manner consistent with Section 5.72.160 of this Chapter.
5.72.160 Appeal Procedures.
Any permit applicant denied a permit pursuant to this Part, or any permittee in receipt of a
notice of intent to revoke, may appeal such denial or intent to revoke to the City Council by filing
with the City Manager a written notice of appeal within ten (10) business days of the date of
permit denial or of service of the notice of intent to revoke. The City Council may hear appeals
directly or in its sole discretion may appoint a hearing officer to hear any appeal and make a
recommendation to the City Council. Upon receipt of a timely, written request for appeal, the City
Clerk shall set a hearing to occur within forty-five (45) days before the Council or its designated
hearing officer and shall provide written notice of same by first class mail to the appellant. The
City Council shall sustain or overrule with conditions, the denial or intended revocation upon
written findings within thirty (30) days of the conclusion of the hearing.
5.72.170 Exemptions.
This Chapter shall not apply to any public transportation service being performed pursuant
to a contract with the City or with any other public entity in this state.
SECTION 4. This Ordinance was assessed in accordance with the authority and criteria
contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the
Guidelines), and the environmental regulations of the City. The City Council hereby finds that
under Section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the
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requirements of CEQA because it can be seen with certainty that the provisions contained herein
would not have the potential for causing a significant effect on the environment.
SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion
of this Ordinance or the application thereof to any person or place, is for any reason held to be
invalid or unconstitutional by the final decision of any court of competent jurisdiction, the
remainder of this Ordinance shall remain in full force and effect.
SECTION 6. This Ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 7. The City Council designated the City Attorney to prepare a summary of this
ordinance to be published pursuant to Government Code Section 36933(c)(1) in lieu of the full
text of said ordinance. The City Clerk caused said summary to be published on March 22, 2018
[five (5) days before the adoption of the ordinance] in the Easy Reader, a weekly adjudicated
newspaper of general circulation, published and circulated in Hermosa Beach. Prior to the
expiration of fifteen (15) days after the date of adoption of the ordinance, the City Clerk shall
cause the summary to be re -published in the Easy Reader.
SECTION 8. The City Clerk shall certify to the passage of this Ordinance, shall enter the
same in the book of original ordinances of said city, and shall make minutes of the passage and
adoption thereof in the records of the proceedings of the City Council at which the same is passed
and adopted.
PASSED, APPROVED and ADOPTED this 27th day of March, 2018 by the following vote:
AYES:
Armato, Fangary, Massey, Mayor Duclos
NOES:
None
ABSENT:
Campbell
ABSTAIN:
None
PRESIDENT of the City Council and
ATTEST:
feL e-
City Clerk
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the City of Hermosa Beach, California
ROVED AS TO FORM:
N
18-1383
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF HERMOSA BEACH
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California,
do hereby certify that the foregoing Ordinance No. 18-1383 was duly and regularly
passed, approved and adopted by the City Council of the City of Hermosa Beach at a
regular meeting held at the regular meeting place thereof on the 27th day of March, 2018,
and a summary of the Ordinance was published in the Easy Reader on March 22, 2018,
and will be re -published on April 5, 2018.
The vote was as follows:
AYES:
Armato, Fangary, Massey, Mayor Duclos
NOES:
None
ABSENT:
Campbell
ABSTAIN:
None
Dated: March 28, 2018
Elaine Doerfling, City Clerk
- r