Loading...
RPVCCA_CC_SR_2015_03_17_07_Ord_564_Taxicab_RegulationsCITY OF MEMORANDUM RANCHO PALOS TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CAROL W. LYNCH, CITY ATTORNEY DATE: MARCH 17, 2015 SUBJECT: ADOPTION OF ORDINANCE NO. 564 - IMPOSITION OF REGULATIONS ON TAXICABS REVIEWED: DOUG WILLMORE, CITY MANAGER RECOMMENDATIONS: 1) ADOPT ORDINANCE NO. 564, AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING TAXICAB PARKING RESTRICTIONS AND PROHIBITING FALSE ADVERTISING ON TAXICABS; and, 2) ADOPT RESOLUTION NO. 2015-_, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, ESTABLISHING FINES FOR THE VIOLATION OF MUNICIPAL CODE PROVISIONS REGARDING TAXICABS OPERATING WITHIN THE CITY. BACKGROUND Residents have raised concerns about taxicabs being parked in residential areas waiting for calls for service. The area of the City that seems to be most affected is the residential area immediately to the east of the Terranea Resort. In addition, taxicabs displaying the City's logo have been observed in the City. Residents and Staff are concerned that the public could be misled by this signage and will believe that the taxicabs are affiliated with the City. In response to concerns that have been raised, Mayor Knight proposed that an ordinance be adopted that will address these issues. The City Council introduced the ordinance at the March 3rd City Council meeting. DISCUSSION The complaints that have been received by the City have focused on two areas, which are the parking of taxicabs in residential areas while waiting to be called to pick up a passenger and the use of the City logo on some taxicabs, which could mislead the public. Based upon these concerns, Mayor Knight proposed that the City adopt an ordinance that focuses on those two issues. If other issues regarding taxicabs arise in the future so that more comprehensive regulation of taxicabs is needed, the City then could adopt an ordinance that requires taxicab operators to obtain a franchise agreement from the City. 7-1 Adoption of Ordinance No. 564 - Imposition of Regulations on Taxicabs Page 2 March 17, 2015 The ordinance amends the Municipal Code by prohibiting taxicabs from parking on streets or alleys in the City, except when they are actively loading and unloading passengers and their possessions or waiting for the payment of their fare, and on properties owned by the City. The ordinance also prohibits the use of the City logo or any other signage that could cause a reasonable person to believe that the taxicab is affiliated with or endorsed by the City. The attached resolution sets forth proposed penalties for violations of the ordinance. Pursuant to Government Code Section 36900, the maximum fines that can be imposed for an infraction are one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year; (3) a fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year. Therefore, the City Council can establish fines that are less than these amounts but cannot establish fines that are higher. The City of Beverly Hills has established the following amounts for parking violations by taxi cab drivers: $50.00 for the first violation; $100 for the second violation within the same year, and $150 for each additional violation within one year. The attached resolution likewise proposes $50.00 for the first violation; $100 for the second violation within the same year, and $150 for each additional violation within one year. The City Council could decide to decrease the fines or increase the fines to the maximum amounts allowed by state law. FISCAL IMPACT The fiscal impact to the City of adopting the attached ordinance appears to be minimal. In addition, if citations are issued to taxicabs that violate the ordinance, the City will receive the majority of the revenue from the citations. CONCLUSION Staff recommends that the City Council adopt the attached ordinance, which will become effective thirty days following its adoption, and adopt the attached resolution, which will become effective when the ordinance becomes effective. ALTERNATIVES The City Council could direct different fines be imposed, but they cannot exceed the amounts allowed by State law. Attachments: Ordinance No. 564 (Page 3) Draft Resolution (Page 5) 7-2 ORDINANCE NO. 564 AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING TAXICAB PARKING RESTRICTIONS AND PROHIBITING FALSE ADVERTISING ON TAXICABS THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDAINS AS FOLLOWS: Section 1. Chapter 10.04 of Title 10 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Section 10.04. 100 thereto to read as follows: 10.04.100 Taxicabs (a) Taxicab means any motor -propelled vehicle which is designed to carry not more than eight persons, excluding the driver, and is either equipped with a taximeter or a top light or has the words "taxi," "cab" or "taxicab" displayed on the exterior of the vehicle, and is used for the transportation of passengers for hire within and without the boundaries of the City, for which a fee is charged and that does not operate over a defined route. (b) Taxicab Zone or Hack Stand means an area on private property (such as a hotel) designated by the property owner for parking taxicabs while waiting for passengers. (c) Taxicab Parking: Taxicabs may only park in a taxicab zone or hack stand on private property while waiting for passengers. A taxicab may only be parked on City streets or alleys when actively loading or unloading passengers and their possessions and when the taxi driver is waiting to receive his/her fare. A taxi driver shall not park, stop, or stage a taxicab, or take breaks, on any street or alley in the City or on any property that is owned by the City. (d) False advertising prohibited. No taxicab shall display the City's logo or any other signage that could lead a reasonable person to believe that the taxicab is affiliated with or endorsed by the City. PASSED, APPROVED and ADOPTED, this 17th day of March 2015. Mayor ATTEST: City Clerk 7-3 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 564 passed first reading on March 3, 2015, was duly and regularly adopted by the City Council of said City at a regular meeting thereof held on March 17, 2015, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: City Clerk -2- 7-4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ESTABLISHING FINES FOR THE VIOLATION OF MUNICIPAL CODE PROVISIONS REGARDING TAXICABS OPERATING WITHIN THE CITY WHEREAS, in response to concerns raised by residents regarding taxicabs operating within the City, the City Council introduced an ordinance (Ordinance No. 564) that will prevent taxicab drivers from parking on City streets, alleys and properties except when they are loading and unloading passengers and their possessions or waiting to collect their fares, and from displaying City's logo or using any other sign or advertisement that would cause a member of the public to believe that the taxicab is affiliated with or endorsed by the City; and WHEREAS, the City Council wishes to impose fines and penalties for the violation of the new provisions of the Municipal Code, which will be set forth in Section 10.04. 100 of the Rancho Palos Verdes Municipal Code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, RESOLVE, AND ORDER AS FOLLOWS: Section 1: Resolution No. 2010-20, which establishes the City's bail schedule, is hereby amended by amending Attachment A thereto to add bail amounts for violations of Section 10.04.100 of the Rancho Palos Verdes Municipal Code, which shall be categorized as infractions on said Attachment: Bail: First offense: $50.00; Second offense: $100; Third Offense: $150. Section 2: Resolution No. 2008-44, Resolution No. 2008-92 and Resolution No. 2010-065, which establish administrative citation penalties, are hereby amended by adding the following penalties for violations of Section 10.04.100 of the Rancho Palos Verdes Municipal Code: 10.04.100 Parking taxicabs illegally or improper display of the City logo or other advertisement on a taxicab that would mislead the public to believe that the taxicab is affiliated with or endorsed by the City: First Offense: $50.00; Second Offense within 12 months: $100; Third and Each Additional Offense Within 12 months: $150. Section 3: Resolution No. 2003-62, which establishes civil penalties for parking violations in the City, is hereby amended by amending Exhibit C thereto to add the following penalty for a taxicab parking in violation of Section 10.04.100 of the Rancho Palos Verdes Municipal Code: Base Penalty $50 LA County Total Penalty Late Penalty GC 76000 $5 $55 $68 Admin Fee Total $15 $138 7-5 Section 4: The penalties established by this Resolution shall become effective when Ordinance No. 564 becomes effective. Attest: PASSED, APPROVED and ADOPTED this day of , 2015. City Clerk Mayor -2- 7-6