ORDINANCE NO. 2740-03

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE AMENDING CERTAIN SECTIONS OF CHAPTER 5.36 OF THE SUNNYVALE MUNICIPAL CODE RELATED TO TAXICABS

THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:

SECTION 1.  CHAPTER 5.36 AMENDED.  Chapter 5.36 of the Sunnyvale Municipal Code is hereby amended by amending Sections 5.36.120, 5.36.220, 5.36.270, 5.36.340, 5.36.360, and 5.36.370 to read as follows:

Section 5.36.120.  Franchise--Term.

   The franchise issued under this chapter shall be issued for a term of two years. At the expiration of the term, unless a new franchise is issued under the provisions of this chapter, or unless the city council, for good cause, extends the term of the original franchise, the franchise shall be deemed to have expired and shall no longer be valid.  If an owner has submitted all necessary renewal materials and all fees are current and paid in full, subject to the written approval of the director of public safety, the owner may continue to operate under the terms of the franchise previously issued, until such time as the council takes forma action on the franchise renewal.

Section 5.36.220.  Local  contact requirements.

  (a) Each owner shall provide a telephone number to its dispatcher, together with sufficient telephone lines to provide for prompt response to callers. Such number shall be toll-free to the public within the city of Sunnyvale. All requests for service inside the corporate limits of the city of Sunnyvale shall be answered as soon as practicable; and if the service cannot be rendered within a reasonable time the prospective passenger shall be informed how long it will be before the call can be answered and the reason for the delay.

   (b) Each taxicab shall be equipped with operable transmitters and receivers to provide direct reliable contact with the driver's dispatcher.

   (c) Notice of change of telephone number(s) shall be provided to the city clerk and the director of public safety at least seventy-two hours before said change is effected.

Section 5.36.270.  Inspection permitted.

   (a)   Every vehicle operating under a franchise shall be presented by the owner or driver to the department of public safety for inspection once a year on or before the first day of March.  All vehicles added to the fleet of any franchise intended to be operated under the franchise shall be brought to the department of public safety for inspection prior to use in the fleet by the owner or driver.   (b)  It shall be unlawful for any owner or driver of any taxicab operated in the city to interfere with or prohibit any public safety officer of the city or any person designated by the director of public safety from at any time inspecting or thoroughly examining any such taxicab or any taximeter used upon any taxicab.

Section 5.36.340.  Driver's permit required.

   It shall be unlawful for any person to operate or drive a taxicab which originates trips within the city without having first obtained a driver's permit from the director of public safety. To secure such permission, a prospective taxicab driver shall file a written application with the director of public safety, which application shall be accompanied by a nonrefundable processing fee in an amount to be established by resolution of the city council. A permit card shall be issued by the director of public safety, which permit card shall not be transferable. Regardless of date of issuance, permits are issued for the current calendar year and expire December 31 of the same year.  The permittee shall post the permit card in the taxicab in view of the passengers therein, during all working hours.

Section 5.36.360. Investigation of applicant.

   Upon receipt of an application for a driver's permit the director of public safety shall conduct an investigation of the applicant and, on the basis of such investigation, shall either approve or deny the application. No permit shall be issued to any of the following persons:

   (a) Any person under the age of eighteen years;

   (b) Any person convicted of any felony, or any person convicted of any misdemeanor offense which reasonably and directly indicates a potential risk to the public. With regard to misdemeanors, this restriction shall apply only to misdemeanor convictions occurring within five years of the date of application;  

   (c) Any person convicted of hit-and-run driving, of reckless driving, or of driving a vehicle while under the influence of intoxicating liquor and/or any drug within two years of the application, or upon conviction of any two or more of these offenses within five years of the date of application;

   (d) Any person not possessing a valid state of California driver's license of the class required by state law for the operation of taxicab. 

   The restrictions in this section shall apply both to persons possessing driver's permits and to persons seeking renewal of such permits.

Section 5.36.370. Issuance of driver's permit.

   (a)   Upon approval of an application for a driver's permit and upon payment of the fee in an amount to be established by resolution, the director of public safety shall issue a permit to the applicant. Such permit shall bear the name and photograph of the applicant, date of expiration of the permit, and the name of the licensed franchise owner for which the driver is authorized to operate a vehicle. Such permit shall be  picked up by the driver or owner named therein and shall be valid only so long as  the driver continues in the employ of such owner, or for one year, whichever is less.

   (b)   Upon the termination of any driver's employment, the owner by whom such driver has been employed shall immediately give the department of public safety written notice of such termination, and the reasons therefor, and shall forthwith surrender  the driver's permit to the director of public safety for cancellation. It is the obligation of the owner to retrieve the driver's permit from the terminated driver and to immediately forward the driver's permit to the department of public safety with the written notice of termination.

SECTION 2.  EXEMPTION FROM CEQA.  The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment. 

          SECTION 3.  EFFECTIVE DATE.  This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption. 

          SECTION 4.  POSTING AND PUBLICATION.  The City Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the City of Sunnyvale and to cause publication once in The Sun, the official newspaper of the City of Sunnyvale, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance.

          Introduced at a regular meeting of the City Council held on November 11, 2003, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on ______________, by the following vote:

(SEAL)