Carpinteria Municipal Code Ch. 5.64 Taxicabs and Vehicles for Hire

Footnotes:

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For statutory provisions authorizing local authorities to license and regulate vehicles for hire, see Vehicle Code §§ 16501, 21100 and 21112; for provisions on the financial responsibility of commercial passenger vehicles, see Vehicle Code § 16500 et seq.

For the purpose of this chapter, the following terms shall be deemed and construed to have the meanings respectively ascribed to them in this section unless from the particular context, it clearly appears that some other meaning is intended:

A. 1.

"Automobile-for-hire" means and includes every motor vehicle of private appearance not equipped with a taximeter and which is operated and hired from a public or a private garage or stand, and the destination and the route of which are under the control of the passengers being carried therein, for a compensation which is fixed in accordance with the distance traveled, waiting time, or both, and shall include motor vehicles whether or not intended to be hired or which are hired for operation by a person other than the owner or his agent or employee.

2. Within the meaning of the chapter "automobile for-hire" and "taxicabs" shall exclude "charter party carriers" of passengers, as defined in Public Utilities Code Section 5360, except where the vehicles seat five persons or less (exclusive of the driver) or charter party operated wholly within the city.

B. "Driver" means and includes every person in actual charge and control of any taxicab or automobile-for-hire as the driver.

C. "Driver's permit" means the permit issued by the city to any person operating or driving any vehicle covered by this chapter.

D. "Owner" means and includes every person owning or controlling any taxicab or automobile-for-hire.

E. "Stand" means a portion of the street designated by the city council for the sole use of taxicabs and automobiles-for-hire while waiting for employment.

F. "Taxicab" means and includes every motor vehicle of a distinct color or commercial appearance used in the business of carrying passengers for hire, and which is rented from a public or private garage or any fixed stand or location, and the destination and route of which are under the control of the passenger being carried.

G. "Taximeter" means a mechanical instrument or device by which the charge for hire of a passenger-carrying vehicle is mechanically calculated, either for distance traveled or for waiting time, or both, and upon which the charge is indicated by means of figures.

H. "Temporary driver's permit" means a permit issued by the city manager to any person to temporarily operate or drive any vehicle as defined by this section.

(Ord. 247 § 14, 1978: prior code § 6100)

It is unlawful for any person to operate, or cause to be operated, at any point in the city, any taxicab or automobile-for-hire, unless there shall have been issued an owner's permit to the owner and a driver's permit to the driver thereof and unless each such permit shall be in full force and effect.

(Prior code § 6125)

A. Any owner desiring to obtain the permit required by Section 5.64.020 shall make application therefor to the council. The application shall be verified under oath and shall set forth:

1. The name, age, business address, residence and citizenship of the 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 addresses; or if a partnership, association or unincorporated company, the names of the partners, or the persons comprising the association or company, with the place of business and residence of each such partner or person;

2. A description of each motor vehicle which the applicant proposes to use, giving the type of each vehicle, the name of the manufacturer and the seating capacity;

3. The street number and exact location of the public or private garage from which each such vehicle is to be operated;

4. A schedule of the rates of fare to be charged for carrying passengers;

5. The past experience of the applicant in the matter to which the requested permit appertains and the name, address and past experience of the person to be in charge of the premises or business;

6. A verified financial statement of the applicant;

7. Whether or not any permit has been revoked, and if so, the circumstances of such revocation;

8. That a mandatory controlled substance and alcohol testing certificate be submitted to the city clerk, and that all drivers shall test negative for each of the controlled substances specified in Part 40 of Title 49 of the Code of Federal Regulations, before a permit can be issued;

9. Proof of a valid California driver's license.

B. The city manager shall, within thirty days of the receipt of the driver's permit application, review the application material, and make a determination whether the application is complete and meets all requirements of this chapter and whether all applicable fees have been paid. A written determination of completeness shall be provided to the applicant.

(Ord. 561 § 1 (part), 2000; prior code § 6126)

If the application referred to in Section 5.64.030 is for a permit to operate taxicabs, it shall also set forth:

A. The street number and exact location of the place where the applicant proposes to stand each such taxicab;

B. If any proposed stand is in the public street, such application shall be accompanied by a written consent of all the occupants of the ground floor of any building in front of which such taxicab or automobile-for-hire is to be located. If there is no such occupant, by the written consent of the owner or lessee of such building or premises;

C. The color scheme, name, monogram or insignia which the applicant proposed to use;

D. Each of the applicant's taxicabs shall be equipped with a taximeter which will correctly compute and indicate the amount charged, distance traveled and the time elapsed and shall be affixed to the taxicab in such a manner that the reading dial showing the amount to be and being charged shall be readily discernible from the passenger compartment during all times that such taximeter is operating;

E. The applicant shall maintain a toll-free telephone service from within the city and taxicabs shall be available for patrons on a twenty-four-hour daily basis.

(Ord. 231 § 3, 1977: prior code § 6127)

Upon receipt of any application referred to in Sections 5.64.030 and 5.64.040, the city clerk shall set a time, not less than ten nor more than thirty days thereafter for the hearing of such application before the council and shall give notice of the time so set at least seven days before the date of such hearing to the applicant by mail at the address set forth in such application and by mail to all other permit holders.

(Prior code § 6128)

A. At the time set for the hearing of the application as provided by Sections 5.64.030 through 5.64.050, the city manager and council may examine the applicant and all persons interested in the matter set forth in the application, and shall determine whether or not the public interest, convenience and necessity, require the issuance of the permit applied for, and if it be found by the council that the public interest, convenience and necessity, require the issuance of the permit applied for, it shall by resolution order the city clerk to issue a permit, subject to the filing and approval of an undertaking as provided in Section 5.64.240.

B. The public interest, convenience and necessity shall be deemed to have been fulfilled and no further permits shall be issued to any applicants if the present licensee or permittee or licensees or permittees have:

1. Employed at least one driver for every twenty-three telephone calls or other requests for service which they have received each day (twenty-four hours), computed from an average based upon the total telephone calls or demands or requests received for any three consecutive months during the prior twelve-month period of time; and

2. Substantially complied with all other requirements and standards set forth in this chapter.

(Prior code § 6129)

The following reasons shall be sufficient for denial of an owner's permit:

A. That the application is not in the form and does not contain the information required to be contained therein by this chapter;

B. That the vehicle described in the application is inadequate or unsafe for the purposes for which it is to be used;

C. That the color scheme, name, monogram or insignia to be used upon such automobile, shall be in conflict with or imitate any color scheme, name, monogram or insignia used by any person in such a manner as to be misleading or tend to deceive or defraud the public;

D. That the location of the stand, as stated in the application, is such as to congest or interfere with travel on any public street, or that the proposed stand is within one hundred feet of any other stand theretofore fixed by the council on the same street;

E. That the applicant has, at some prior time, had a permit for the operation of automobile-for-hire or taxicab revoked for reason, or that the applicant is not financially responsible;

F. That it shall appear to the council that there are a sufficient number of taxicabs and automobiles-for-hire in the city to fully serve the public, and that the granting of more permits would unduly congest the traffic and interfere with the free use of the public streets by the public, and that the public interest, convenience and necessity do not require the issuance of such permit;

G. That the persons holding permits for the operation of taxicabs or automobiles-for-hire, as defined in this chapter, are under efficient management, and are adequately serving the public under normal conditions;

H. Nothing in this section of this chapter shall provide any vested or property right in any person, firm or corporation by reason of the granting of any right, power or privilege under this chapter. The city council shall have the absolute power to amend, alter or repeal any section of this chapter without payment or compensation to anyone.

(Ord. 561 § 1 (part), 2000; prior code § 6130)

The council shall have power to determine after hearing all issues relative to granting or denying owner's permits for taxicabs, automobiles-for-hire or stands.

(Prior code § 6133)

Notwithstanding the provisions of this chapter, upon application the council may grant a permit to any person engaged in the taxicab or automobile-for-hire business whenever such person maintains a principal place of business within the limits of any community, the boundaries of which are at least partially contiguous with the boundaries of the city, after a hearing conducted under and in accordance with such rules and regulations as may from time to time be prescribed by the council, determining that the public convenience and necessity require the operation proposed by the applicant for such permit. Such permit, however, shall be limited to allow such owner to operate within the city for the purpose of transporting persons, for compensation, from within the limits of the community wherein such applicant maintains a principal place of business to locations within the city, and from locations with the city to the community wherein the applicant maintains a principal place of business, and not otherwise. Any application for such permit shall be in compliance with the requirements for applications filed pursuant to the provisions of this chapter. Any permit which may be granted by the council hereunder shall specify the number of vehicles to be used in such service, the manner of operation, the rates to be charged for such service and such other terms and conditions as may be imposed by the council.

(Prior code § 6131)

It is unlawful for any owner granted a permit under the provisions of this chapter to conduct any operation or give any service other than the service authorized by its permit granted by the council in accordance with the provisions of this chapter.

(Prior code § 6132)

A. The council shall have the power to suspend or revoke any or all of the owner's permits granted under the provisions of this chapter when it shall have determined that any of the provisions of this chapter have been violated, or that any holder of such a permit shall have failed to comply with the terms of such permit or the rules and regulations of the council pertaining to the operation of and to the extent, character and quality of the service of any such vehicles. Before revocation of such permit the owner shall be entitled to a hearing before the council and shall be notified.

B. Notice of the hearing on such suspension or revocation shall be in writing and shall be served at least ten days prior to the date of the hearing, such service to be upon the holder of such permit, or its manager or agent, and which notice shall state the grounds of complaint against the holder of such permit and shall also state the time when, and the place where, such hearing will be held. In the event the holder of such permit cannot be found, or service of such notice cannot be made upon him in the manner provided, then a copy of such notice shall be mailed, postage fully prepaid, addressed to such owner at his last known address, at least ten days prior to the date of such hearing.

(Prior code § 6134)

The owner's permit shall entitle the holder to obtain a license from the city manager to engage in the business described in the permit from the city manager upon payment of all license fees prescribed by Chapter 5.04 of this code. Upon receipt of payment, the city manager shall issue the holder of such permit a license which shall set forth the kind of transportation for which the license is issued and the date of issuance and expiration date of such license.

(Prior code § 6135)

When making an application for a driver's permit, the applicant for a driver's permit shall pay a fee as set by the city council. The fee is to cover the cost for review of the application and processing.

(Ord. 561 § 1 (part), 2000: prior code § 6137)

A. When an applicant has submitted a complete application for a driver's permit and has paid the fees for such permit as required by Section 5.64.130, the city manager shall immediately forward a copy of the application to the Santa Barbara County sheriff's department or the agency contracted to perform background investigations. Within a five-day period the investigating agency shall perform a background check of the applicant and advise the city manager of the results of the background check. If satisfied, pursuant to such standards, that the operation by the applicant of a vehicle authorized to be operated under the terms of this chapter will not be detrimental to the public health, peace, safety or welfare, the investigating agency shall so notify the city manager and the latter shall issue the applicant a driver's permit as provided by this chapter. Otherwise, the investigating agency shall recommend denial of the application to the city manager. The city manager shall include this recommendation in his/her report to the city council.

The applicant for the driver's permit shall be fingerprinted and his/her record filed with the Department of Justice. If the background check by the Department of Justice is found to be without grounds for denial, the application process shall continue. If the background check shows that convictions are on record pursuant to Section 5.64.150, the application shall be denied.

B. In the event that a taxi driver has been fingerprinted and investigated within the preceding twelve months, and evidence to that effect is produced and verified to the satisfaction of the city manager or his/her designee, no other fingerprinting will be required except upon renewal of the permit.

(Ord. 561 § 1 (part), 2000: Ord. 236 § 1, 1977; prior code § 6138)

No driver's permit shall be issued to any applicant who:

A. Is under the age of twenty-one years;

B. Has no current California driver's license.

C. Has been found guilty by final judgment of a court of competent jurisdiction of a violation of the law involving any one of the following:

1. A felony,

2. A sex offense,

3. Soliciting for prostitution,

4. A narcotics offense, or

5. A conviction for driving under the influence of alcohol;

D. Suffers from a mental or physical disease or infirmity which adversely affects his ability to drive safely.

(Ord. 561 § 1 (part), 2000; prior code § 6139)

The chief of police shall have the power to revoke or suspend any driver's permit issued under the provisions of this chapter in the event that false statements shall have been made in the application for such permit, if the holder thereof shall be found guilty of a violation of any of the provisions of this chapter, shall be found guilty of the criminal charge of reckless driving, or for any of the grounds for denial of permit set forth in Section 5.64.150. In the event of such revocation or suspension of a driver's permit, such certificate as may be issued in connection therewith shall be, by the holder thereof, forthwith surrendered to the chief of police.

(Ord. 561 § 1 (part), 2000; prior code § 6141)

In the event that the city manager or his/her designee determines that the continued operation under a driver's permit is an immediate risk to public health, peace, safety or welfare, such driver's permit may be immediately suspended. Within sixty days of a suspension, the city manager may either reinstate the permit or recommend revocation to the city council.

(Ord. 561 § 1 (part), 2000)

Any person aggrieved by the decision of the city manager to grant or not to grant or to suspend or not to suspend a driver's permit pursuant to the provisions of this chapter, may appeal to the city council. Such appeal shall be taken by filing a written notice of appeal with the city clerk, setting forth the grounds for appeal, and shall be filed within ten days after the date of the decision received from the city manager.

(Ord. 561 § 1 (part), 2000: prior code § 6142)

A. The city manager shall keep a copy of each driver's permit on file in his/her office. Such driver's permit shall constitute evidence of compliance with the terms of this chapter, and shall be subject to all other applicable laws, ordinances or orders of the city. The driver's permit shall be effective until the expiration date printed thereon which shall not be later than one year from the date of issuance, unless suspended or revoked as elsewhere provided in this chapter.

B. Upon the termination of the driver's employment as a driver of taxicabs or automobiles-for-hire, including self-employment, the driver's permit shall be void.

C. The employer of taxicab or automobile-for-hire drivers shall notify the city manager upon the termination of any employee who holds a driver's permit.

D. The driver shall return the driver's permit to the city manager upon termination of employment as a taxicab or automobile-for-hire driver.

(Ord. 561 § 1 (part), 2000: prior code § 6140)

A. A renewal of a driver's permit for a period of one year shall be issued to any permittee upon payment of a renewal fee, as set by the city council, provided that the permittee has been continuously employed as a driver of a taxicab or automobile-for-hire during the year immediately prior to the date of renewal, and that all requirements of this chapter are met. A fingerprint card shall be submitted every year at the time of license renewal.

B. Driver shall show proof of a certificate and shall test negative for controlled substances specified in Part 40 of Title 49 of the Code of Federal Regulations and for alcohol as a condition of permit renewal. As used in this section, a negative test for alcohol means an alcohol-screening test showing a breath alcohol concentration of less than 0.02 percent.

(Ord. 561 § 1 (part), 2000: prior code § 6143)

The council shall designate, in any stand permit granted by it, the exact location of the stand in which the taxicab may park. No such stand shall be wider than twenty feet on streets where parallel parking is required. Upon the granting of a permit under this section, every stand, as designated by the city council, shall be designated by white paint or other white material upon the entire curb surface with the words "taxi only" in black letters thereon. It is unlawful for any vehicle as defined in this chapter or otherwise, to occupy any regularly established taxi stand unless such vehicle is one being operated by the owner to which such taxi stand has been assigned.

(Prior code § 6144)

An application fee as set by the city council shall be required to be paid for each taxicab stand or change of location for which a permit is applied.

(Ord. 561 § 1 (part), 2000: prior code § 6145)

Each taxicab operated pursuant to the terms of this chapter shall be numbered in a manner specified by the city manager.

(Ord. 231 § 4, 1977: prior code § 6136)

Any motor vehicle for which a permit has been issued under the provisions of this chapter shall be operated by the owner, personally, or his employee on his behalf, and it is unlawful for any owner or driver to enter into any contract, agreement or understanding between themselves by the terms of which such driver pays to, or for the account of, such owner, a fixed or determinable sum for the use of such vehicle.

(Prior code § 6108)

It is unlawful for any owner or driver to drive or operate any taxicab or automobile-for-hire, or cause the same to be driven or operated, unless there is on file with the city clerk and in full force and in effect at all times while such taxicab or automobile-for-hire is being operated a true copy of a policy of insurance, approved by the city council, in a solvent and responsible company, insuring the owner of such taxicab or automobile-for-hire, giving manufacturer's vehicle identification number, against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of such taxicab or automobile-for-hire, or from violation of this chapter or of the laws of the state. The minimum amount of insurance required for each taxicab or automobile-for-hire will be determined and fixed by the city council by resolution after notice and a public hearing.

(Ord. 561 § 1 (part), 2000: Ord. 231 § 2, 1977: prior code § 6117)

A. All owners or operators of taxicabs shall file with the city clerk on or before the first day of February in each year, a detailed financial audit, report and statement of all receipts and disbursements received and made by the owners or operators in the conduct of their taxicab business during and for the preceding calendar year, to the end that all net profits or losses, all financial dealings and transactions and all other financial matters and things as the council may request, in connection, shall be shown.

B. The owners or operators of taxicabs shall permit the city and its duly authorized representatives at all reasonable times and places to inspect the owners' or operators' books, records and accounts pertaining to the operation of their taxicab business.

(Prior code § 6116)

All owners or operators of taxicabs and automobiles-for-hire shall file with the city clerk, reasonable and uniform tariffs or schedules of fares. It is unlawful to charge, collect or receive any other or different compensation for the use of such taxicab or automobile-for-hire than that specified in the tariff or schedule of fares on file and at the time in effect. Such tariffs and schedules of fares shall not be amended except with the consent of the city council.

(Prior code § 6115)

A. The maximum and minimum rates or fares to be charged to the public for taxicab service with the city shall be so fixed and established by the city council. The city council shall adopt, by resolution, both maximum and minimum fares after notice and a public hearing.

B. No person operating or in charge of any automobile-for-hire within the city shall charge, receive or collect any rate or fare inconsistent with the rates set by the city council.

(Ord. 561 § 1 (part), 2000: Ord. 231 § 1, 1977; prior code § 6101)

A. The maximum and minimum rates or fares to be charged to the public for automobile-for-hire within the city shall be so fixed and established by the city council. The city council shall adopt, by resolution, both maximum and minimum fares after notice and a public hearing.

B. No person operating or in charge of any automobile-for-hire within the city shall charge, receive or collect any rate of fare inconsistent with the rates set by the city council.

(Ord. 561 § 1 (part), 2000: prior code § 6102)

The owner shall cause to be printed, in twelve point type or larger, rate cards setting forth the current rates, shall file one rate card with the city clerk and shall cause a copy of the rate card to be continuously on display in each taxicab operating under the owner's driver's permit and city business license, in full view of the passengers.

(Ord. 561 § 1 (part), 2000: prior code § 6114)

It is unlawful for an owner or driver of any taxicab operated in the city to have any such vehicle not equipped with a taximeter of such type and design as may be approved by the department of agriculture Santa Barbara County weights and measures. The owner of such taxicab shall keep such meter accurate at all times and such meter shall be subject to inspection as required by law. The city manager or his/her designee is authorized at his/her discretion or upon the complaint of any person, to investigate taximeters and upon discovery of any inaccuracy of a taximeter to remove or cause to be removed from service any such vehicle equipped with such taximeter until such taximeter has been certified by Santa Barbara County weights and measures as repaired and accurately calibrated.

(Ord. 561 § 1 (part), 2000: prior code § 6110)

The charge for any service to all patrons of a taxicab shall be calculated and indicated by a taximeter which shall be placed in each vehicle so operated so that the reading dial showing the amount to be charged shall be well lighted and readily discernible by the passenger riding in any such taxicab.

(Prior code § 6111)

It is unlawful for any driver of any taxicab, while carrying passengers, to display the "flag" attached to the taximeter in such a position as to denote that such vehicle is not employed, or to fail to throw the "flag" of the taximeter to the "home" or "for hire" position at the termination of each and every service.

(Prior code § 6112)

It is unlawful for the driver of any taxicab, upon receiving full payment for a fare as indicated by the taximeter to refuse to give a receipt upon the request of any passenger making such payment.

(Prior code § 6113)

The driver of every vehicle covered by this chapter shall keep a complete and accurate record of each trip upon a daily trip sheet, showing the time and place of origin and destination of the trip, the number of passengers carried and the amount of fare collected. This record shall be filed daily by the driver with the company by whom he is employed, and such record shall be kept on file available for inspection by the police department for a period of not less than six months.

(Prior code § 6107)

Taxicab service shall be available at all times by telephone call, or when properly hailed from the street or curb. It is unlawful for any carrier or driver of a taxicab to refuse or neglect to transport any orderly person, upon request, anywhere in the city when a taxicab of such carrier is standing in a regularly assigned taxicab stand such service shall be rendered immediately upon request.

(Prior code § 6103)

The services of an automobile-for-hire operating pursuant to any permit granted under the provisions of this chapter shall be available only upon telephone call or upon engagement at the public or private garage from which such vehicle is operated, or at the stand where it is parked.

(Prior code § 6104)

Every driver of a taxicab who is engaged to carry passengers shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination, unless otherwise directed by a passenger.

(Prior code § 6119)

The number of passengers which may be carried in any vehicle covered by this chapter shall be limited to the seating capacity of such vehicle as specified by the manufacturer. No person shall be carried in such vehicle who is required to share in any way the seating space occupied by another, nor shall any person be carried who is required to occupy any space in or on such vehicle which does not provide a seat.

(Prior code § 6121)

When a taxicab is engaged, the person engaging such taxicab shall have the exclusive right to the full and complete use of the passenger compartment, and it is unlawful for the owner or driver of any taxicab to solicit or carry additional passengers; provided, however, that with the permission of the person engaging the taxicab, an owner or driver of a taxicab may solicit and carry additional passengers; provided, however, that the aggregate fare charged to all passengers shall not exceed the total fare that could be collected from one fare-paying passenger for the same service under Sections 5.64.270 and 5.64.280 of this chapter.

(Prior code § 6120)

It is unlawful for any person to drive or operate any taxicab other than one bearing the color scheme, name, monogram or insignia set forth in the application for the permit as provided by Section 5.64.040. It is unlawful for any person to change the color scheme, name, monogram or insignia without first having obtained the consent of the council.

(Prior code § 6122)

No automobile-for-hire shall be painted a distinctive color for the purpose of identification.

(Prior code § 6123)

In the event that any permit holder desires to change his schedule of rates and charges or the color scheme, name, monogram or insignia used on automobiles-for-hire or taxicabs, or to substitute any vehicle for and in place of the vehicle described in the application for a permit, or to increase or decrease the number of vehicles used by him as automobiles for hire or taxicabs, he shall make application for permission to do so from the city manager, which permission shall be granted by the city council in its discretion if the city council deems the public interest necessity and convenience will be subserved by such change, and if the permit holder has complied with all of the provisions of this chapter.

(Prior code § 6109)

Every vehicle shall be maintained as to promote and protect public safety and shall be structurally and mechanically sound as to all its parts. All such vehicles shall at all times be kept in a clean and sanitary condition and in a good state of repair, and shall be subject to annual inspection by the California Highway Patrol. Prior to the issuance of a business license to operate a taxicab or automobile-for-hire service, every vehicle to be used by the applicant to transport customers shall be inspected by the California Highway Patrol and a certificate of compliance from the California Highway Patrol shall be filed with the city clerk. A new certificate of compliance from the California Highway Patrol shall be filed with the city clerk once a year as a condition of maintaining the business license. Any vehicle which in the opinion of the California Highway Patrol has become unsafe or unserviceable either from the standpoint of its state of repair or its condition of obsolescence, or any vehicle determined by the city manager to be so unclean or unsightly as to be undesirable for use by the public, shall be retired from service upon order of the city manager. No vehicle that has been so retired shall be operated again in such service except with approval of the city manager.

(Ord. 561 § 1 (part), 2000: prior code § 6118)

It is lawful to cruise taxicabs for the purpose of accepting passengers when hailed from the street or curb; provided, that it is unlawful for any driver, for the purpose of accepting such passengers, to stop a taxicab in the lane or lanes of a street normally used for the movement of traffic.

(Prior code § 6105)

It is unlawful for any person to cruise, or cause or permit to be cruised, any automobile-for-hire. An automobile-for-hire shall be deemed to be cruising when it solicits or takes on any passenger other than in response to an order given at its garage, or in response to a telephone call requesting transportation.

(Prior code § 6106)

It shall be the duty of the city manager to enforce the provisions of this chapter.

(Prior code § 6124)

A permit holder shall, and by acceptance of the permit does, agree to indemnify and hold the city, its officers, employees and agents, free from any and all damages, claims, liabilities, costs, suits or other expense resulting from and arising out of such permit holder's operations.

(Ord. 561 § 1 (part), 2000)