Chapter 4.80 — TRANSPORTATION — JITNEY SERVICE

Sections:

4.80.010 Definitions.

4.80.020 Permit required.

4.80.030 Application for permit.

4.80.040 Criteria for issuance of permit.

4.80.050 Revocation of permit—Criteria—Procedure.

4.80.060 Permit fee.

4.80.070 Issuance of permit after revocation.

4.80.080 Transfer of permits.

4.80.090 Bond or insurance required.

4.80.100 Jitney busses—License required.

4.80.110 Reports to City Council.

4.80.120 Unlawful acts.

4.80.130 Driver's permit required.

4.80.140 Application for driver's permit.

4.80.150 Examination and issuance of driver's permit.

4.80.160 Photographs required.

4.80.170 Termination—Qualifications—Transfer.

4.80.180 Revocation and suspension of driver's permit.

4.80.190 Former permittee not to drive jitney bus for six months after revocation.

For the purpose of this chapter, the following terms shall have the meanings here given to them.

JITNEY SERVICE shall mean a business which operates one or more motor vehicles to carry passengers for hire, except those motor vehicles for which permits have been granted pursuant to Chapter 4.72 of this Code, or those motor vehicles operated pursuant to Section 30,000 et seq. of the Public Utilities Code.

JITNEY SERVICE WITHIN THE CITY OF ANAHEIM shall mean a jitney service wherein one or more passengers is both picked up and discharged within the City of Anaheim by a motor vehicle operated by said jitney service.

PERSON shall mean and include every person, firm or corporation.

OWNER shall mean and include every person who operates a jitney service.

DRIVER shall mean and include every person in actual charge and control of any motor vehicle providing jitney service.

CITY COUNCIL shall mean the City Council of the City of Anaheim. (Ord. 2267 § 1 (part); March 22, 1966.)

It shall be unlawful for any person to operate, or cause to be operated, a "Jitney Service Within the City of Anaheim," as that phrase is defined herein, unless said person has a permit so to do, as herein provided, or unless, notwithstanding the provisions of this chapter to the contrary, said person possesses the right so to do under the laws of this State or of the United States. (Ord. 2267 § 1 (part); March 22, 1966.)

Any owner desiring to obtain the permit required by this chapter for the operation of a jitney service within the City of Anaheim shall make application therefor to the City Council. Upon receipt of an application, the City Clerk shall notify by sending by mail a copy of the application and notice of the date of any hearing to every other permit holder, transit district or interested party that has filed a request with the City Clerk requesting such notice. Applicant shall furnish the City Clerk a sufficient number of the copies of the application to meet this notice requirement. Such application shall be accompanied by a bond or policy of insurance and permit fee as are hereinafter provided for, and shall set forth the following:

.010 The name, age, business and residence address of applicant, if a natural person; or, if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of its principal officers, together with their respective residence addresses; or, if a partnership, association or other unincorporated company, the names of the partners or of the persons comprising such association or company, and the business and residence address of each partner or person;

.020 A detailed description, including the name of the manufacturer, of the motor vehicles proposed to be utilized to provide jitney service;

.030 The name, monogram or insignia proposed to be used on the jitney busses;

.040 The schedule of rates or fares proposed to be charged;

.050 The routes (designated by street names) over which the jitney service proposes to operate;

.060 The applicant shall furnish such additional information as the City Council may require;

.070 If the City Council requires, the applicant or applicants shall appear personally before the City Council, if he, she or they be individuals, and the officers of such applicant shall so personally appear if the applicant be a corporation. (Ord. 2267 § 1 (part); March 22, 1966.)

Upon receipt of any such application referred to in Section4.80.030 hereof, the City Council shall make investigation, and may thereafter grant the same if it shall find:

.010 That the bond or policy of insurance hereinafter required has been furnished, and that the same is in the form required, and that the surety thereon is approved by the City Council; and

.020 That the proposed motor vehicles are adequate and safe and are equipped as herein required; and

.030 That the applicant is of good moral character and has complied with all of the terms and conditions of this chapter and is competent to operate the jitney service; and

.040 That the public convenience or necessity requires the operation of such jitney service; and

.050 That the name, monogram or insignia to be used on the motor vehicles is not in conflict with and does not imitate any other name, monogram or insignia used by any other person, heretofore licensed by the City Council, in such manner as to be misleading or tend to deceive or defraud the public; and

.060 That the schedule of rates or fares proposed to be charged are fair and reasonable.

The granting of said permit shall constitute the approval of the City Council of the proposed schedule of rates and proposed routes. (Ord. 2267 § 1 (part); March 22, 1966.)

Any permit granted pursuant to the provisions of this chapter may be revoked by the City Council for violation of the provisions of this chapter, or of any other ordinance of the City of Anaheim, or of any law of the State of California.

No permit shall be revoked except in the following manner:

.010 The City Council shall fix a time and place for the hearing of the issue of the revocation of such permit and shall cause the City Clerk to serve the permittee with notice of such time and place of hearing, together with a statement of the charges which are the basis for such hearing, at least ten days before the time fixed for such hearing.

.020 The City Clerk may serve such notice and statement upon the permittee personally or may serve upon the permittee by delivering the same by registered United States mail, postage prepaid, to permittee, at the address given in his application for a permit, or any change of address reported in writing to the City Council.

.030 Such hearing shall be public and the permittee shall have the right to produce witnesses on his own behalf and to be represented by an attorney.

.040 The findings and decisions of the City Council upon such hearing shall be in writing, served upon the permittee as heretofore described and be final and conclusive. (Ord. 2267 § 1 (part); March 22, 1966.)

A permit fee shall be required for every person requesting a permit under this chapter. Such permit fee shall be in addition to

any business license which permittee shall be required to pay under the provisions of Title 3 of the Code. Such permit fee shall be five dollars. In the event that an application is denied, the permit fee posted for such application shall be refunded to the applicant after first deducting therefrom all costs sustained by the City Council in investigating and acting upon such application. (Ord. 2267 § 1 (part); March 22, 1966.)

In the event that the permit of any person has been revoked by the City Council, such person, firm or corporation shall not be granted a permit for a period of six months after such revocation. (Ord. 2267 § 1 (part); March 22, 1966.)

No permit granted by the City Council pursuant to the provisions of this chapter may be transferred to another. (Ord. 2267 § 1 (part); March 22, 1966.)

It shall be unlawful for any owner to operate or cause to be operated any motor vehicle as part of a jitney service within the City of Anaheim, and no permit for the operation thereof shall be granted, unless there is on file with the City Clerk of Anaheim in full force and effect at all times while such motor vehicle is being operated, either:

.010 A bond of the owner of such vehicle, approved by the City Council, with a solvent and responsible surety company authorized to do business in the State of California as surety in the sum of five hundred thousand dollars conditioned that said owner will pay all loss or damage that may result to persons (including passengers in said vehicle) or property from the negligent or other operation or defective or other construction or condition of such vehicle, or from the violation of the provisions of this chapter or of any other ordinance of the City of Anaheim, or of any law of the State of California. Recovery on said bond shall be limited to two hundred fifty thousand dollars for the injury or death of one person, and to five hundred thousand dollars for the injury or death of two or more persons in the same accident, and to one hundred thousand dollars for the injury or destruction of property. Such bond shall run to the City of Anaheim, and shall inure by its terms to the benefit of any and all persons suffering loss or damage covered thereby and shall provide that suit may be brought thereon in any court of competent jurisdiction by any such person. Such bond shall not be cancelable on less than ten days' written notice to the City of Anaheim and said policy shall so expressly provide. The bond shall indemnify and hold harmless the City of Anaheim from any and all liability for any damages or claims or judgments without limitation arising from the issuance of or use of the permit, the operation of any bus, or any other act done pursuant to the issuance of said permit. The original or a verified copy of such bond shall be kept on file with the City Clerk. Said bond shall provide that there shall be a continuing liability thereon, notwithstanding any recovery thereon. If, at any time in the judgment of the City Council, said bond is not sufficient for any reason, the City Council may require such owner to replace such bond with another bond or with a policy of insurance as hereinafter provided, satisfactory to the City Council, and in default thereof, may revoke such owner's permits; or

.020 A policy of insurance, approved by the City Council, in a solvent and responsible company authorized to do business in the State of California, insuring the owner of such vehicle against loss by reason of injury or damage that may result to persons (including passengers in said vehicle) or property from the negligent or other operation or defective or other construction or condition of such vehicle, or from violation of this chapter or any other ordinance of the City of Anaheim or of any law of the State of California. Said policy may be limited to two hundred fifty thousand dollars for the injury or death of one person, and five hundred thousand dollars for the injury or death of two or more persons in the same accident, and to one hundred thousand dollars for injury or destruction of property. The original or a verified copy of such policy shall be kept on file with the City Clerk. Such policy shall not be cancelable on less than ten days' written notice to the City of Anaheim and said policy shall so expressly provide. The policy shall indemnity and hold harmless the City of Anaheim from any and all liability for any damages, claims or judgments without limitation arising from the issuance of or use of the permit, the operation of any bus, or any other act done pursuant to the issuance of said permit. Said policy of insurance shall guarantee the payment to any and all such persons suffering injury or damage to person or property, and to those entitled to recover from the death of any such person, of any final judgment rendered against such owner, within the limits above mentioned, irrespective of the financial condition of any actions or omissions of such owner, and shall inure to the benefit of such persons and those entitled to recover from the death of any such person. If, at any time, such policy of insurance shall be canceled by the company issuing the same or the authority of such company to do business in the State of California shall be revoked, or in the judgment of the City Council said company is insolvent, the City Council shall require said owner to replace such policy with another policy or bond as above provided, satisfactory to the City Council, and in default thereof may revoke such owner's permit. (Ord. 2267 § 1 (part); March 22, 1966.)

Every owner shall obtain a business license therefor and pay to the City of Anaheim a business license fee provided for by ordinance or ordinances of the City of Anaheim. Such business license shall be issued in the same manner provided by ordinance of the City of Anaheim for the issuance of other business licenses, but shall not be issued until a permit for the jitney service has been obtained as provided in this chapter. (Ord. 2267 § 1 (part); March 22, 1966.)

Should an owner desire to increase his schedule of rates, or any part thereof, or modify or change his approved routes, or utilize motor vehicles of a type substantially different from those then in use, or change the name, monogram or insignia on his motor vehicles, he must first notify the City Council in writing of his desire to do so. Said written notice shall hereinafter for convenience be referred to as "Owner's Notification." The City Council may, if it desires, conduct a public hearing into the

subject matter of the owner's notification by notifying the owner in writing of its intention to do so within twenty days from the date of receipt by the City Council of the owner's notification. Failure to so notify the owner within said twenty day period shall constitute the approval of the City Council of the subject matter of the owner's notification. Said hearing must be held within thirty days, and a written decision rendered thereon by the City Council within forty-five days, from the date of receipt by the City Council of the owner's notification unless continued upon motion of either the owner or the City Council. (Ord. 2267 § 1 (part); March 22, 1966.)

It shall be unlawful for any owner to charge any rate in excess of the schedule of rates approved by the City Council or to modify or change the routes approved by the City Council, or to utilize any motor vehicles of a type substantially different from those approved by the City Council, or to change the name, monogram or insignia on his motor vehicles from that approved by the City Council. (Ord. 2267 § 1 (part); March 22, 1966.)

It shall be unlawful for any driver to operate any motor vehicle as part of a jitney service within the City of Anaheim unless there exists a valid permit so to do as herein provided. (Ord. 2267 § 1 (part); March 22, 1966.)

Application for such driver's permit shall be made to the License Collector who shall refer the same to the Chief of Police. It shall be written, shall be accompanied by a fee of five dollars, and shall contain the following:

.010 Name, age, citizenship and address of the applicant;

.020 Two photographs of applicant as hereinafter specified;

.030 Past experience as a driver, including the names and addresses of his employers during the preceding three years;

.040 Possession of a driver's license, which he shall display;

.050 Whether any chauffeur's or driver's license, either State or other governmental agency, has ever been revoked;

.060 The name and address of the owner by whom he is to be employed as a driver. Such application must be verified by the applicant and endorsed by such owner;

.070 Whether the applicant has been arrested and disposition of such arrest, other than traffic citations. (Ord. 2267 § 1 (part); March 22, 1966.)

Upon application for a driver's permit and before it shall be issued, the driver shall be fingerprinted and a record thereof filed in the Police Department. No permanent license shall be granted by the License Collector for two weeks after the date of application, but the Chief of Police may authorize a temporary permit. The fee of five dollars shall be retained for the driver's permit, if granted, and for cost of examination, if not granted. (Ord. 2267 § 1 (part); March 22, 1966.)

An applicant for a driver's permit shall file with his application two photographs, provided by the Police Department, one to be filed with his application and one to he permanently attached to his driver's permit, when issued. The permit shall be posted in a place conspicuous from the passenger compartment of the motor vehicle while said driver is operating the same. It shall be the responsibility of the jitney service to provide and place the holder of said permit. (Ord. 2267 § 1 (part); March 22, 1966.)

Every driver's permit issued hereunder shall set forth the name of the owner by whom said driver is employed, and shall be valid only so long as he continues in the employment of said owner. Upon the termination of such employment, the said driver shall forthwith surrender his driver's permit to his employer. No such driver's permit shall be issued to anyone under the age of twenty-one 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 Chief of Police, supported by the City Manager, would render such applicant an incompetent person to operate a jitney bus. No such driver's permit issued hereunder shall be transferable. Upon the termination of employment of any driver, the owner for whom such driver has been working shall immediately give the Chief of Police written notice of termination and surrender of the driver's permit of said driver. (Ord. 2267 § 1 (part); March 22, 1966.)

Any driver's permit granted pursuant to the provisions of this chapter may be revoked or suspended in accordance with the provisions of Section 4.80.050 of this chapter. (Ord. 2267 § 1 (part); March 22, 1966.)

REVOCATION.

In the event that the driver's permit of any person has been revoked by the City Council, such person shall not work as a driver for any jitney service within the City of Anaheim for a period of six months after the revocation of such permit. (Ord. 2267 § 1 (part); March 22, 1966.)