Fontana Municipal Code Div. 2 Permit

(a) It shall be unlawful for any person to drive, operate or be in charge of any vehicle under this chapter without first having obtained a driver's permit or temporary driver's permit issued pursuant to this article. Ambulance drivers and attendants are exempt from this section; however, they must obtain required state and county permits, and shall provide proof of such permits upon request of the bureau or chief of police.

(b) An applicant for such permit shall comply with the following:

(1) The applicant shall deposit with the police department appropriate fees as adopted by city council resolution for such permit, including such costs as expenses required to be paid to other bodies or agencies for background checks and the like, and secure a receipt therefor. The fees so deposited shall cover the expenses incurred, and no refund shall be made for any reason.

(2) The applicant shall appear personally and file with the chief of police an application, in writing, upon a blank form furnished by the chief of police, containing such information as he may require, and shall satisfy the chief of police that the deposit required by this section has been made.

(c) When an applicant has applied for a driver's permit and has paid the fee for such permit as required by chapter 15, the chief of police may, subject to the conditions contained in subsection (e) of this section, issue a temporary driver's permit. Such temporary driver's permit shall have written or printed thereon the expiration date, which shall be 60 days from the date of issuance, and also that such permit shall automatically become null and void upon the expiration date. After the expiration of the time so allotted, such temporary permit shall be of no further force or effect, but such permit may be renewed or extended. It shall also be subject to suspension and revocation as elsewhere provided in this chapter. A temporary driver's permit shall not be issued to an applicant who indicates on his or her application that he or she has been convicted or has a case pending for assault, battery, pandering, driving a vehicle while under the influence of intoxicants, narcotics, reckless driving, petty or grand theft, grand theft auto, embezzlement or convicted of violating any provision of the Alcohol Beverage Control Act or the state narcotics law.

(d) The chief of police shall ensure that an investigation is completed regarding the character and moral fitness of such applicants, the cost of which investigation shall be borne in whole or in part by the applicants. If satisfied 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 chief of police may, on or before the expiration of the applicant's temporary driver's permit, issue to the applicant a driver's permit in the manner provided in this division; otherwise the chief may deny the application.

(e) No driver's permit or temporary driver's permit shall be issued to any applicant who is under the age of 18 years, or who is over the age of 18 years and has failed to obtain the appropriate license or permit required by the state.

(f) If the chief of police shall have determined that he will approve an application for a driver's permit, he may issue to the applicant such permit authorizing the applicant to drive, operate or be in charge of any vehicle in the city operated pursuant to the terms of this chapter.

(g) The chief of police shall keep a copy of such driver's permit on file in his office. Such driver's permit shall constitute evidence of compliance with the terms of this chapter, but shall be subject to all other applicable laws, ordinances or orders of the bureau. Such driver's permit shall be effective until the expiration date printed thereon, unless suspended or revoked as provided in this chapter.

(h) All permits, except temporary permits, issued as provided in this section shall expire on June 30 next following the date of issuance, unless previously suspended or revoked. All driver's permits and temporary driver's permits authorized to be issued under this section shall be effective only while the driver to whom such permit is issued shall be employed or authorized by a carrier holding a valid permit issued pursuant to this chapter. Upon such driver terminating his engagement with such carrier, his permit shall be automatically suspended and shall become effective again only when and if such driver shall again be engaged by such carrier during the term for which the permit was issued.

(i) A renewal permit shall be issued by the police department to any permittee who has paid the police department the fees for such renewal as adopted by city council resolution. Application for such renewal or transfer permit shall be made not less than 30 days prior to the expiration of the existing driver's permit.

(j) The chief of police is hereby empowered to accept an existing and current driver's permit from another jurisdiction in lieu of the submittal of a permit application. The party seeking a driver's permit must make a showing, to the satisfaction of the chief, that the jurisdiction which issued the existing and current driver's permit recognizes substantially the same permit requirements for applicants seeking driver's permits in that jurisdiction as the City of Fontana requires of applicants for driver's permits.

(Code 1968, § 31-40; Ord. No. 1338, § 2, 12-5-00; Ord. No. 1698, § 3, 7-8-14)

(a) The chief of police may summarily revoke any driver's permit issued under the provisions of this division if he/she has knowledge that the holder thereof has been convicted of violating any of the provisions of this chapter or has been convicted of a felony or the violation of any of the provisions of the state Alcoholic Beverage Control Act or of the state Narcotics Law, or of assault, battery, pandering, driving a vehicle while under the influence of intoxicants or narcotics, or reckless driving, petty or grand theft, grand theft auto or embezzlement. Whenever charges involving any of the offenses specified in this subsection are formally made by the filing of a complaint, indictment or information against the holder of such permit, and the Chief of Police has knowledge thereof, he shall temporarily suspend such driver's permit, pending determination of such charges, but such suspension shall not remain in force after an acquittal or dismissal of the charges. Notice of such suspension or revocation shall be given to the person involved.

(b) Any driver who may be aggrieved by the action of the chief of police in suspending or revoking his permit, or any applicant who may be aggrieved by the denial by the chief of police of his application, within ten days from such denial, suspension or revocation, may apply to the city manager for a hearing as to the matter in question, whereupon a time for such hearing shall be set, which shall be not later than 30 days thereafter, at which time a full and complete hearing shall be held before the city manager. At the conclusion of the hearing, the city manager may affirm, modify or overrule the action of the chief of police, in which latter event the driver's permit shall be granted or reinstated, as the case may be, and the decision of the city manager shall be final. Such hearing, or application therefor, shall not, however, affect the order of suspension or revocation of the chief of police, unless and until acted upon and reversed or modified by the city manager.

(c) The chief of police shall likewise have power to suspend or revoke a driver's permit either for any of the reasons specified in subsection (a) of this section or others from which the chief of police shall conclude that a continuation of a driver's activities as such driver is or may be detrimental to the public health, peace, safety or welfare; provided, however, that the chief of police may take such action only after a hearing for such purpose, which shall be held after five days' notice and an opportunity to be heard shall have been given to such driver.

(d) Any driver whose permit is revoked pursuant to this chapter shall not be reinstated or granted a new permit before the expiration of one year from the date of any such revocation.

(Code 1968, § 31-41; Ord. No. 1338, § 3, 12-5-00)

It shall be unlawful for any driver to operate or be in charge of any vehicle licensed by this chapter without having in his immediate possession the driver's permit required by this division. It shall also be unlawful for any driver operating or in charge of any vehicle covered by this chapter to display upon his person or to use for the purpose of operating such vehicle a driver's permit issued to another.

(Code 1968, § 31-42)