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Ordinance 450 ~.' ..... " '.""-'- llA'i'J'''''' "...~, '." ....~.,.. "'. ..,--.....-.W'.... ..~.''<<r;r . ..,' """,''''',,,,!'' .,.,w.....' ..,,~."" ,1' """'~ :,' 'li';:';fr" "'/:';1't'-,.' . ..';~ ';/~;"~' . "/ .-'\",,: ,1; '.... " ."'. '.'" . , ;' . ;. -il:' ." ~~. ~ 1 \, ,1'), ~',' , "'. '... , '. , . " ~ ,. . , . \. r ,~~, ':- . ': ~f ,,', i ~' . If " t .A"7 ,~.' " ,A~_ l ~, ,:,," I :,' \ ' .. .t ,"" '/~t. ORDINANCE N O. 450 AN ORDllTA1';rCE TO REGULATE THE RATES, RULES A1.~D PRACTICES OF TAXICABS AND RENT CARS OPERATING IN THE CITY OF GILROY, PRESCRIBING TERMS AND CONDITIONS lmDER WHICH SUCH OPERATIONS ~~Y BE CONDUCTED, PR~VIDING PENALTIES FOR THE VIOLATION .OF THIS ORDINANCE AND REPEALING CONFLICTING ORDINANCES. THE MAYOR AND COMMON COUNCIL OF THE CITY OF GILROY DO ORDAIN AS FOLLOWS: SECTION 1. Definitions. Unless otherwise expressly staten, whenever used in this Ordinance, the following terms shall respectively be deemed to mean: (A) STREET, any place commonly used for the purpose of public travel. (B) OWNER, every person, firm or corporation having use or control of any taxicab or rent car, as herein defined, whether as owner, lessee or otherwise. (C) DRIVER, every person in charge of, or oper~ting, any taxicab or rent car, as herein defined, either as agent, e~ ployee or otherwise under the direction of the owner, or as owner, as herein defined. CD) TAXICAB, every automobile or motor-propelled vehicle operated at rates per mile, or for wait-time, or for both, and used for the transportation of passengers for hire over the public streets of the City of Gilroy and not over a defined route and irrespective of whether the operations extend beyond the boundary limits of said City, and such vehicle is routed as to destination under the direction of such passenger or passengers, or of such persons hiring the same. (E) RENT CAR, every automobile or motor-propelled vehicle, excluding taxi-cabs, as herein defined, and operated, at rates per hour, used for the transportation of passengers for hire over the public streets of the City of Gilroy and not over a i' : ~ir;;f;HFfC;"1'1~::rt-"';11-;;:;:-':;;:; defined route and irrespective 1,-'''''A (,,] U ':;-r;,_,",,,,,-,;'~~~,"iiiH',ii~iH.;' ,-,~_:n;t-;---:'";'" ~, -- of whether the operations extend -1- :'-"IIII,.;'!j[I.,,:.,~t~;; _i j;~1;;...jt4;'i-"-:]:; ',1 i'if ''iij-r ! :'~j:j;~"",i~!i,,J;;;r;:;;-;,,; :"~I;;~;~~;'~' ,~F~:;:';;; --;;-"7,;:;:-" ,';1 ' r ,- ->p'~" -- Q '- """"', ....., ~ \ ,.' ~, . /;1. 7 . , beyond the boundary limits of said City, and such vehicle is routed as to destination under the direction of such passenger or passengers, or of such person hiring the same. (F) COMMON COUNCIL, the Common Council of the City of Gilroy. (G) MAYOR, the Mayor of the City of Gilroy. (H) CITY CLERK, the City Clerk of the City of Gilroy. (I) CITY MARSHALL, the City Marshall of the City of Gilroy. SECTION 2. OWNER'S PERMIT. It shall be unlawful to operate any taxicab or rent car in the City of Gilroy unless the owner thereof shall apply for and obtain a permit to do so, which permit shall be applied for, granted, and in effect, all in compliance with the pro- visions of this Ordinance. SECTION ;3. OWNER'S APPLI CATION. The application for such owner's permit shall be in writing, duly certified under oath, and it, together with a copy thereof, shall be filed with the City Clerk, who shall file the same, and each such application, shall set forth: (A) A full identification of the applicant and all persons to be directly or indirectly interested in the permit, if granted; (B) The resident and business address and the citizenship of the applicant, including all members of any firm or partnership, or all officers and directors of any corporation, appl~ing: (6) The exact nature of the proposed business for which the prmit is requested, and the name under which it is to be operated; (D) Whether or not any permit has been revoked, and if so, the circumstances of such revocation; CE) The number of vehicles proposed to be operated; (f) The complete description of the vehicles proposed to be operated and of the proposed operations; -2- . , '1><""-.+' - .. ,1~~"""-....~.7' ,,,,,,,"~,..j,>-,"Iii, " JlfiiMiMllllI*" ~h~wlj-"'~4h.'~' ",,",,~,,',i........:g';;,,if.,,..-_.i.r",,,",,,,, _"....,"";-,.,4~'''ij;...~.~''t~4$~-*.".j,-~.IflKI,'''''.jl'''T' "-'~';"'""",:~"j"~;)";i-i<'''';if-''''''tW''''..._.-...",..",.-,..".--i'''';'''' """" " ' -- ,-,,/I' .I;if ~'...... ," ~ '-' c' ~ ....; r--- (G) The color scheme and characteristic insignia to be used to designate the vehicles of said owner. SECTION 4. DENIAL OF APPLICATIONS AND SUSPENSION OR RE- VOCATION OF O~NER'S PERMITS AND REDUCTION OFNl~ffiER OF PERMITS. (A) The Common Council shall act on owner's applications by resolution and may deny any such application, if in its sound discretion, it determines that: 1. There is a reasonable cause rendering the proposed opera- tion undesirable or inadequate to the City of Gilroy. 2. There is insufficient public need or demand for the pro- posed operation; 3. The vehicle proposed to be operated is inadequate or unsafe; 4. The applicant has been convicted of a felony or the viola- tion of a narcotic law or of any penal law involving moral turpi- tude or of any ordinance relating to traffic or use of streets in the City of Gilroy; ~, , i ] i 5. The proposed color scheme or characteristic insignia will tend to confuse the identification of the vehicles proposed to be operated with those of another owner operating in the City of Gilroy. (B) The Comraon Council may, by resolution, and after five (5) days' written notice to an owner, suspend or revoke an owner's permit for any of the grounds for which it may deny an applica- tion and, in addition thereto, it may suspend or revoke any owner's pErmit for a violation of any of the provisions of this Ordinance, or fo:qa failure to pay any judgment for damages arising from the operation of the vehicles, or any of them, for which the permit was issued. Common (0) The/Council may at any time, and after a public hearing, by resolution, determine that the number of permits for taxicabs or rent cars, or either, should be reduced or increased and pro- vide for such reduction or increase, respectively. -3- ~ ;:![tijHHI""1'1l11jtt+'f""""~41",j,',,.;4ti,..i1ii+,,,">tI'~~~~rl'~"*~~.." """J,;o~'-""""'~ "'_~'''''''';'''''_'''~W;,,,,"~~~",",,:f( JI,i"-IfI!~1'-"1~.....~If4""""",,~'..,."'~r_"""w.M-~~'I'"l><~'''';''''-'o/>'~'~'"''''''''-_'~1 . - . T 11~.'l ' l7- --' ..", - r '--, ~ , , ! ....",..,#' './ :1.'1 .,-..,\ '-" ~ ....., SECTION 5. ADDITIONS AND SUBSTITUTIONS. Any owner holding a permit to operate one or more taxi- cabs or rent cars as provided in this Ordinance, who desires to add to the number of such vehicles shall do so only upon obtaining from the Common Council permission therefor, which shall be ~ranted only upon application made in the same manner and under the same proceedings as are required in this Ordi- nance in the instance of obtaining the original permit. Any owner holding a permit to operate one or more taxicabs or rent cars, as provided in this Ordinance, who desires to substitute a different vehicle for a vehicle operated under such permit, shall do so only ~pon obtaining from the Common Council permission therefor, which shall be granted only upon written application setting forth the particulars of such pro- posed substitution, and upon otherwise complying with the re- quirements of this Ordinance, provided that the City Clerk may issue a temporary permit to make a substitution which shall ~e valid only until the first regular meeting of the Common Council next following the date of its issuance. The Common Council shall have the same ,authority in granting or denying such application for permission to add or substitute, as is hereinbefore in this Ordinance,ye~ted in it, in the matter of an original application. SECTION 6. LIABILITY INSURANCE REQUIRED. It shall be unlawful to drive or operate or cause or permit to be driven or operated any taxicab or rent car in the City of Gilroy unless the owner thereof shall have obtained a motor vehicle liability insurance policy or policies from a responsible and solvent corporation, authorized to issue such policies under the laws of the state of California, insuring said owner and covering such taxicab or ~ent car, and also unless said owner shall file with the City Clerk the written ...4- -. r F;miI-r:;:~H~-jj: t'{.: .'1l'-,;"tk-iii~~!-.,".......~"-""""'~"""'~';"_..j A._!, .,;"i",~;"" ".,;,"It..#...........,-l",'~,.I'),"~ ,~_"~,,,~"'~,"',i;,i~M"'.'.,,-"!:......;"""hjl '~'e't'''''"'''II<!/>I.",''l!..",'-~!Jjji;l~_,4-r>t- n.n<0l'_~.~~,.,..__~!,...._~!l14 _r-:w~~~'c+tH c,' r " -., , I' ~ .. i'''''''' ~-<., :\.,,,) ~ '-'" ,~ ,~ ( 1 ..,.,.,,# ',/3~ certificate or certificates of such oorporation, all as provided in this Ordinance. The City Clerk may at any time require an owner to replace any such policy with another policy and if such owner fails to so replace such policy, within ten (10) days from the date of any such notice, with a policy and a certificate thereof, both in accordance with the provisions of this Ordinance, then, at the termina- tion of said ten (10) days, the owner's permit for the taxi- cab or rent car covered by such policy shall be, by such failure, automatically suspended until such time as said re- quirement is complied with, or said permit is revoked, which- ever is sooner in event. SECTION 7. LIABILITY INSURANCE POLICY . Each motor vehicle liability insurance policy required under the provisions of Section 6 of this Ordinance, in addi- tion to the provisions required to be therein under the laws of the State of California, shall provide coverage under the National Standard Liability Form and shall also provide that: such policy covers any and all taxicabs or rent cars which may be ddven or operated by or for the owner insured under said policy and regardless of whether or not any permit has been granted said insured under the provisions of this Ordinance; such policy insures the owner, as defined in this Ordinance, and any other person driving, using or responsible for t he use of any taxicab or rent car, covered by said policy, with the consent, express or implied, of said owner, and also the City of Gilroy, against loss from the liability imposed on any of them by law for injury to, or death of, any person, or damage to property, arising from or growing out of the maintenance, operation or ownership of any taxicab or rent car covered by the policy to the amount o~ limit of $10,000.00, exclusive of interest and costs, on account of injury to, or death of, any one person, of $25,000.00, exclusive of interest and costs, on -5- '11-' !..W~~.. III ..'_' U'J til' ... _."",H"'H' 'Ji",~P"~I.t''''1 ~ ,~",!,~,,~~''''';'''#- ,'1IJ,"i-ii,.,~","""'i'.>"''''''''''''*''''_',;''''_''fe-....,.;,;,..........",,.!, .,......T:Il'!m..~i"'_Ilii'.~i'l''''':r;~. ~....:.)),j:_J:._.ti.{.it~.~ ' g._~";;'j~,,,,"!iI~"'~';'+;~l-""'141 .-,-~lotit~~~'1~~-"~;lf. ,- ."r '. -, ..... ,,;,,,,, It, ~, ~ '-"" ~ ....i ~ '/3/ ~. account of anyone accident resulting in injury to, or death of, more than one person, and of $5,000.00 for damage to prop- erty of others, resulting from anyone accident; such policy is a continuing liability up to the full amount thereof, not- withstanding any recovery thereon; such policy, in the event of the dea.th of the owner, inures to, and is for the benefit and protection of, any person, who shall sustain or suffer any damage or injury, or to the heirs, or legal representatives of any such person, as the case may be, who may be so damaged or injured or suffer death, by reason of the negligent operation of any taxicab or rent car, covered by the policy, during the period covered by the policy and the life of the owner, and any such person, or the heirs or legal representatives of any such person, as the case may be, may, in such event, sue the insurance carrier, provided that any such action must be brought within the period of time that an action on the policy could have been brought against the owner if he had not died and that no recovery can be had in such action in excess of the limits of the policy, and further provided that the payments required to be made, in such event shall be made directly to any such person, or the heirs or legal representatives of any such person, as the case may be. Section 8. LIABILITY INst~ANCE CERTIFICATE. Each certificate required under the provisions of Section 6 of this Ordinance shall certify that the issuer thereof has issued a motor vehicle liability insurance policy or policies insuring the owner named in said certificate, and that each of said policies contains each of the provisions required to be therein as provided by Section 7 of this Ordinance and that none of said policies can or will be cancelled except upon thirty (30) days' prior written notice thereof to the City Clerk. Each of said certificates shall be conclusive evidence against the issuer thereof that its contents are true and correct. All such certificates shall be subject to the approval of the City ,/Attorney. -6- ,'i'ti~R1I~jl~~;",.h,,.,;;y.~,,~,,,,,.,.,,...,,.i.','."""+'- ~d'",~,'f'.j,;.'i".;" .,;,..".. ,.,.".,..~.,~" ~,>:~<"",_,,",<~",,"~._"H4' _.....""".._.,..,."."."_~,.....-"~.,~~.~~".~."""'W'""~~...-'lH"l-.-)ijr'"i'!jl"",,_';"""""""""~~'~~"""" ." ~~ - ~ '-'" ""'" ~ ~ 'l ......., /J~. SECT I ON 9. BON D IN LIEU OF IN SURAN CE . Subject to the approval of the City Marshall, the owner of any taxicab or taxicabs or rent car or cars, operated under the provisions of this Ordinance, may file a bond of a responsible and solvent corporation authorized to issue such bonds under the laws of the State of California, con- taining the conditions, and giving the protection required in the motor vehicle liability insurance policy required by Sections 6, 7 and 8 hereof, in lieu of either, all or any part of the insurance coverage required by said Sections. Tn the event of the filing of a bond under the provi- sions of this Section, the applicable provisions of said Sections 6, 7 and 8 hereof shall govern the furnishing and the contents of such bond and the owner filing it. SECTION 10. DRIVER'S PERMIT. It shall be unlawful for any driver to operate any taxicab or rent car in the City of Gilroy unless there exists a valid permit to do so as herein provided. The~plication for such driver's permit shall be in writing, duly certified under oath and it, together with a copy thereof, shall be filed with the City Clerk, who shall file the same. Each such application shall set forth the name, age and address of the applicant, his past experience in operating automobiles, the name, business and address of each of his employers during the preceding period of three years, whether or not a chauffeur's license issued to him by the State of California or any state or governmental ~ency ha.s ever been revoked, the name and address of t he owner by whom he is to be employed as a driver (which said owner shall endorse the said application), and such additional information as the City Clerk may require. SECTION 11. DRIVER'S APPLICATION. -7- '-- 'tilll'!lIIIIIH!itl1lfi;~'*~'-"'*"~""~ft-.'f''''-'''''~",,~I~''~r''''~~~-...,-~...,.....,"*-"""" ... r"","'~_>i>o,....,t._.'"rii~'WUMlli~tJi.ilI'._ ..~~~tl.l"~. ~.~~.j ~"J_,n ....~~t -~II!;!_'~~~,,,,,,,,,,,,,,~~,-+~~' ,"";,y.;~,, . , "'-:';'ljL~' _;; - ,~ , ,.......,.,. 133 '~ "-" c ~ .,.; .....; Upon application for a driver's permit and before it, shall be issued, the driver, whether the owner or otherwise, must evidence a proficient knowledge of the traffic laws of the City of Gilroy and of the State of California, and demonstrate his ability to operate a taxicab or rent car, all to the satisfaction of the City Marshall. Upon satisfying the foregoing requirements, said driver shall be fingerprinted by, and his record filed in, the Police Department. Said driver shall also file with his application two (2) recent photographs Csize li inch by li inch), one to be filed with his application and one to be permanently attached to his driver's permit when issued, which permit shall be posted in a place conspicious from the passenge~s compartment of the taxicab or rent car while said driver is operating the same. Every driver's permit issued hereunder shall set forth the name of the owner for whom said driver is authorized to operate a taxicab or rent car and shall be valid only so long as he continues in the employ of such owner. Upon the termination of such employment, the said driver shall forthwith surrender hi s driver's permit to the City Clerk. No such dr1i ver' s permit shall be granted to any person under the age of eighteen (18) years. Such driver's permit may be denied upon substantial evidence of facts of either physical or moral deficiencies of the applicant which in the sound discretion of the City Clerk, would render such applicant not competent to operate a taxicab or rent car. No such driver's permit issued hereunder shall be transferrable in any event. '" Upon the termination of the employment of any driver, the owner for whom such driver has been working shall immediately give the City Clerk written notice of such termination. SECTION 12. SUSPENSION OR REVOCATION. The City Marshall shall have the power to suspend or revoke any -8- J.I~~,tII/ijIIH"~'''";;_~'''''~.'f""'''*'''''~ "',.."*".',''',.,'.m'fi''',.....",,...,<..~to''''''.I><fi'''.'F"''..',~f<>>....~~;'*...,"'-"0'_"__'''''0,.'_1'__' "~,"*'1r--.,..."..,w..."".....'1f<i<i:ij,J ~.UldJ:"'~ ,~'~*"iW'';;'''''';''''_~'_''''-''~--''''''''''''''''''"'''''_'~"~''''"",,''''''''''....;.;<~r' .:';1I'~1 1J:h ,I t..: ;;r,\'iii "i~- -"-'l!(]':"f' - ,,~ ,,-, ..... ~ /~. .. ., /~~ driver's permit issued hereunder for any of the reasons for which an application for such a permit may be denied or if the holder thereof shall be found guilty by any Court of reckless driving, or the violation of any other law. The City Marshall shall in writing forthwith report any such suspension or revocation to the City Clerk, stating the reasons for such action. The Mayor may affirm or reverse, in whole or in part, any such order on a written appeal filed with the City Clerk by the driver within ten (10) days from the date of any such order. In the event of such suspension or revocation of a driver's permit, such permit shall be, by the holder thereof, forthwith surrendered to the City Clerk. SECTION 13. RATES OF FARE. (A) Posting of fares. There shall be displayed in the pass- enger compartment of each taxicab or rent car, in full view of the passenger, a card not less than two inches by four inches in size which shall have plainly printed thereon the name of the owner, or the fictitious name under which said owner operates, the business address and telephone number of said owner, and a correct schedule of the rates to be charged for conveyance in said vehicle. (B) Rates. It shall be unlawful except for trips to or from outside the City of Gilroy where the charge is fixed on a trip basis, for the owner or driver of any taxicab, as defined in Section 1 of this Ordinance, to fix or charge or collect a rate in excess of the following: 1. For the first one-fourth mile, or fraction thereof, thirty cents (30t). 2. For each additional one-fourth mile, or fraction thereof, ten cents (lot). 3. The foregoing charges apply to any number of passengers up to, but not in excess of, five (5), where the point of destination for all of said passengers is the same; and for ... 9.. , [~.l ,._11M,jj;f~;*,,-<i\l-orj;i>i/~*,~4~il1I1~~" ''4' fi'''IIitiMl''''J!1' "r;lJ" 'tlllflilll-"lI1Il _-~i-"pt'!" ",;~,;>,~"_-fou+...,.,......... -"."'''''I-"",,:;'j'lWl~,I>i/!l~ MMf:I' ~l!.1 .. ~'''~~~1I~d!ii* !IlIit"*"I\tI:I~...""ft,~,~-<tit~~I'~' ~.4'i!oJf I J lJ , "")I'ce Ilrrnf\, It" r '<,,~ - ~.~, ~ ....I /~ \. / ......- \ i ""-" ./JS- each such passenger in excess of five (5) the foregoing charges may be increased by not to exceed ten per cent (10%) thereof. 4. For each piece of luggage in excess of two (2) average size traveling bags, or their equivalent in size, twenty-five cents (25t); for each trunk fifty cents C50t). 5. For waiting, eight cents cst) for each two (2) minutes, or fraction thereof, of waiting time, after the first three (3) minutes. 6. Rent Cars. It shall be unlawful for the owner, or driver, of any rent car, as defined in Section 1 of this Ordinance, to fix or charge or collect a rate exceeding Three Dollars and Fifty Cents C$3.50) per hour or fraction thereof, which rate shall be for any n~ber of passengers not in excess of the rated seating capacity of such rent car. 7. In case any taxicab or rent car shall become disabled or break down, while conveying passengers for hire, the time of stoppage shall be deducted from the time charged for. SECTION 14. INSPECTION OF BOOKS AND RECORDS. The owner shall, upon written request of the City Marshall, deliver to the City Clerk all of his books and records pertai. n- ;;. ing to the operation of taxicabs or rent cars for a period of twelve (12) calendar months, next preceding the date of such request, for inspection by the City Auditor of the City of Gilroy, and unless such books and records are delivered to the City Clerk within fifteen (15) days from the date of such re- quest, all permits of said owner shall be suspended on the sixteenth (16th) day from the date of such request, until said books and records are delivered or such permits revoked, which- ever is sooner in event. SECTION 15. TAXICAB AND RENT CAR STANDS. (A) The Common Council may, by resolution, locate and desi- -10- -'~;""'"t1'-'i"''''''f",.'c.1-'i"'ff~+''" "~'''"<I';~i!!'1l';,;$-~"''!Ii-''''''''''j!IIlc#l''ll!lt'~lif.'jo'II'."tt!''<JIil"!;m'Wk''''''lh.......",~,,,,,-.""."",., .<. '''h "'H.' l~""~_"i" "!'lMtr;;l'f'-liiI~""'-'!~1 ,~.,,~' ~.1Iti! J~.)4i,jjj~!~.~~~m..~""'~*,~""4lill''''(''''.;' ,,,,>~4,,,~,.,,i"~_~~~4\,-."~i:~~~ ,""","...... .,.._'t ."~,,,.;,'.;":1't'*J~1:1E4,~!:'::'''~ ....- '\ ....... ..... .....; ......... , ~ / ..3~ ~ gnate(taxicab or rent car stands, which stands when so established shall be appropriately designated, "Taxis Onlyfl or "Rent Cars Onlyfl, as the case may be. (6) It shall be unlawful for the owner, driver or operator of any taxicab or rent car to allow said taxicab or rent car to remain parked, while awaiting employment, except in a re- gularly established taxicab or rent car stand; provided, how- ever, that taxicabs or rent cars may park in any available parking space when actually engaged in loading or unloading passengers; and provided further, that between the hours of 10:00 o'clock P.M. and 6 o'clock A.M. of the following day, taxicabs or rent cars may stop, stand or park in any place where the parking of vehicles is otherwise permitted. (D) It shall be unlawful for any taxicab or rent car to remain standing unless it is attended by a driver, except when the driver is assisting passengers to load or unload or is answering his telephone. SECTION 1..6. TAXICAB AND RENT CAR EQUIPMENT. (A) Each taxicab or rent car shall bear at such place or places on the ou~side of such vehicle as shall be designated by the City Marshall, the number of the owner's permit granted for its operation, in the type and design thereof as directed by the City Mar shall. SEC'llDN 17. MAINTENANCE AND OPERATING REGULATIONS. (A) Before a permit is issued to any owner, the vehicle for which such permit is requested, shall be delivered to a place designated by the City Marshall for inspection, and the City Marshall shall designate agents to inspect such vehicles, and their equipment, in the case of taxicabs, to ascertain whether such vehicles and equipment comply with the provisions of this ordinance. (B) The City Marshall, or any member of the Police Depart- -11- - 1Iii!fiijHllfr~i "':iH1~.. .,<l!I-iiii< '~#~~"'*""'~ftilti.".""""",,.,'otiHlI>Ojf;,,,~~,,,,+,;,,,,,,,~~,_,,,~'~$l!<~'"~';'+' ct;.""'~f<"~'" ';<'!I'I,tJ~..~ll"U!Hf(j, .!.'~ ~"'~J tf. t.illl\_"'......-',>;>ft4-#.- .~. ';'-...:......."""'''f'~~.i-''',.''''''!O~~~''. ~ Y' i U_,,::J:I;'.J:~lI[:' ": , ~, ,.' " '."'-'~~ 1" :l'1r'\\'~~'z;:,>.. - ,) """""'" 'wr """'" ." ~ '.....r /)7 ment under his direction, shall have the right, at any time after displaying proper identification, to enter into or upon any permit-holding taxicab or rent car for the pur";' pose of ascertaining whether or not any of the provisions of this Ordinance are being violated. (C) Any taxicab or rent car which is found, after any such inspection, to be unsafe, or in any way unsuitable for taxicab or rent car service shall be immediately ordered out of service, and before again being placed in service, shall be placed in a safe and proper condition. CD) The interior of every taxicab or rent car shall be thorouhely cleaned at least once in every twenty-four (24) hours, and forwith all property of ~alue left in any such vehicle by a passenger shall be reported by the owner there- of to the City Marshall. CE) Any driver employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to his destination safely and expeditiously. CF) Every driver shall, if requested, give a correct receipt upon payment of a fare. (G) All disputes as to fare shall be forthwith determined by the officer in charge of the Police Station, and if his decislon is in favor of the passenger the driver shall convey him to the Police Station and back to his original destination without charge. Failure to comply with such determination shall subject the offending party to a charge of misdemeanor. (H) It shall be unlawful for any person to refuse to pay the lawful fare as fixed herein of any of the vehicles regulated by this Ordinance, after employing or hiring the same, and any person so doing shall be guilty of a misdemeanor. (I) No driver of any taxicab or rent car shall accept, take into hi~ vehicle or transport any larger number of passengers than the rated seating capacity of his vehicle, provided, how- ever, that for the duration of the present war, and for six -12- --1jj'~~~"~1'lf.rK"A fl~ ml.'lolltl .rl....*l..l_~t.....~...,',,',;...,,< '."'~ftoi'iIll__ ,W"Jj1IIliln/lltiJII .tW.~~JI tfiwftWg UUII!WJll "I . lltll .11:111"',-$1..1_0 L ,f.. 1.lI...1rl!..JI~'" -'. .... .", f. . ." .... ~'"'" ,....... . , '~ .~ J o /~! months thereafter, the driver of any taxicab or rent car may take into his vehicle, with the consent of the passen- gers therein, one more passenger than the rated seating capacity of his vehicle. (J) The license fee for operating any taxicab or rent car within the said City of Gilroy shall be in such sum or amount for such period of time as shall be fixed and set forth in any license ordinance of the City of Gilroy. (L) It shall be unlawful for a driver to solicit pass- engers except from a taxicab or rent car stand or while standing immediately adjacent thereto on the curb side thereof. (M) It shall be unlawful for a driver of any taxicab or rent car at any time to cruise in seaDch of passengers. SECTION 18. VIOLATIONS AND PENALTIES. Any person, firm, corporation or association violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $100.00, or by im- prisonment in the Gilroy City Jail for a period of not to exceed thirty (30) days, or by both such fine and imprison- mente SECTION 19. REPEALmG CLAUSE. All ordinances and parts of ordinances insofar as they conflict with this Ordinance are hereby repealed; provided, however, that owner's or driver's permits heretofore issued under the provisions of any ordinance of said City of Gilroy and now in force and effect shall remain in force and effect until revoked or suspended as herein provided or until the expiration thereof, whichever is sooner in event. SECTION 20. CONSTITUTIONALITY. If any provision of this Ordinance or the application -13- I '~JI;ljt"#~~*liiht"I,,,,,#,,,\,,..~Ii>~~jiIlJijJl~~A1'_"" 1f1..~..ILJ.1 .M(..II'..'.....""",. ',..~"M,""'_.,~""'-<,_~,_!'!<11!W ',m'.i[! IJI!\11IW1111111J1l iR.~..11 U HI.ll~illt( I UlllilltuuUIUJ I ,_~~l~_--i!tiH,.'.,lln~ri -- '.~ '. ~ ;;;'h~,,~,~;~"';"'',.~ il~,' ',f;' . ~.t.~tj,tl..", .;~ '1 .'r' , '?f.t~~'" ,j'~ I 0' j :~"";t'~"~ft:~, :{'~ ~,<,~ f::';;,~~ ,\ ',1" . ,~.... ~ ,'~' t! ~ iIl" ..' .r.:"t),~ .~ ~, ~ i t:.+. r. or! i i .' q '.:' ,'-;"It,t;' ,'-', ';"OC '''l't ",'f'I";, ~! ,1(., ~,,~..? ",' ':,:.j /j 9 " ' \ . ; ~ - ,. j' ,;",," "/,"','''' I.. ,. :.'1".....;..A '; ) thereof to any person or circumstance is held to be invalid, the remainder of this Ordinance, or the appli- cation of such provision to other persons or circumstances, shall not be affected thereby. SECTION 21. EFFECTIVE DATE. This Ordinance is hereby declared to be urgent and necessary for the immediate preservation of the public peace, health and safety and shall take effect and be in force forthwith from and after its final passage and approval. The following is a statement of such urgency: That there is no ordinance of said city adequately dealing with the subject matter hereof and said Ordinance is immediately required in - order to preserve the public s~fety. ADOPTED AND PASSED this 20th day of January ,A.D. 1947, by the following votes. AYES: Councilmen: George A.Martin,George M.Mason, Nat Heiner,J.H.Wentworth,Ray L. J..,'. _". Stevens,James B.Thomas. ""1"1, "lPC't,,,r:':', .U'~. .1.. . Councilmen: None ABSENf'J.. Counci lIne n: None APPROVED: ~~,~ Or ATTEST: G ~(\;~y Clerk q"O""'~$~fNn. ~ i~Mu ',' ~%~'_!iI!iflif!(K~..IlfI~. ~". 'flU' .. n T1ll1WIJIllI'lII ..,-H_,__1+....;.._<i<l,,"*'.;.i*..."'I'.~W~A4iU nltlM nm.u I_f", J' Dill ~.ttnllli AUlj'l~ _, ,~tI .,n .....At - ;,jl~~_JI!.~I..\fj:,~~'~~'J:j_llli[jij-.1!J:U ,!1'UlllliIT .. '< ~"