Hemet Municipal Code Art. III Passenger Stage Service

Footnotes:

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Editor's note— Ord. No. 1488, adopted Feb. 2, 1994, has been codified herein at the discretion of the editor as Art. III, §§ 86-101—86-107.

Cross reference— Businesses, ch. 18.

(a) "Passenger stages" and "passenger stage corporations" are defined by the provisions of California Public Utilities Code § 225 and 226 which definitions are incorporated by reference to this article. Generally, a passenger stage includes any motor vehicle used in the transportation of person or persons and their baggage when such baggage is incidental to the transportation of passengers.

(b) The operation of passenger stages is regulated by the Public Utilities Commission pursuant to the provisions of "Passenger Charter — Party Carriers Act." (Public Utilities Code § 5351 et seq.) Public Utilities Code § 5353(a) exempts from regulation "transportation service rendered wholly within the corporate limits of a single city. . . . . . . . and licensed or regulated by ordinance."

(c) On October 7, 1993, the city received a request from Kenneth Carpenter seeking city permission to operate a shuttle bus service within the city for seniors who are unable to drive. That request further advised that an application (hereinafter the application) had been filed with the Public Utilities Commission and the request was sought for the purpose of covering the approximate six-month period anticipated for the Public Utilities Commission to process the application.

(d) The city desires to provide a procedure for temporary permits pending adequate time for the processing of passenger stage applications with the Public Utilities Commissions on the terms and conditions set forth hereinafter.

(Ord. No. 1488, 2-2-94)

(a) No person shall engage in the business of a passenger stage service as defined herein without first obtaining a permit from the city for operation of such business.

(b) No person shall solicit any passenger(s) for hire in the city in a vehicle unless the vehicle has obtained a permit evidencing that it is authorized to operate as a passenger stage service within the city.

(c) No person authorized to operate a passenger stage service in the city shall operate outside the corporate limits of the city.

(Ord. No. 1488, 2-2-94)

An application for a permit shall be filed with the city manager, accompanied by a processing fee in the amount of $100.00 per vehicle, and shall contain the following information:

(a) The name, date of birth, driver's license number, business and residence address of the applicant, if a natural person; or, if a corporation, its name, date and place of incorporation, address of its principal officers, together with their respective residence addresses; or its names of the partners, or of the persons comprising such association or company, and the business and residence of each partner or person;

(b) A description of each vehicle proposed to be used by the applicant, together with engine identification numbers and state vehicle license numbers thereon;

(c) The names, date of birth, addresses and driver's license numbers of all drivers employed by the applicant;

(d) The driving record of each driver, current within the last two months;

(e) All criminal convictions shall be confirmed by a statement from the Department of Justice issued within the last two months;

(f) Such other identification and information as the city manager deems necessary to carry out the purposes of this article.

(g) A copy of the applicant's application filed with the Public Utilities Commission with the Commissions's docket number affixed thereto.

(h) The route(s) of the proposed service.

(i) A certificate from an authorized factory repair facility for the make of vehicle and issued within the last 60 days, that the lights, brakes, tires, turn signals, horn and steering are in safe condition.

(Ord. No. 1488, 2-2-94)

Upon receipt of the application for a passenger stage permit for the operation of a passenger stage business, together with any other documents required by this article, the city manager shall have a reasonable time to investigate the application background of the applicant. The city manager shall grant the permit if he finds:

(a) The application conforms in all respects with the provisions of this article.

(b) The applicant and any officers of the applicant are of good moral character and are likely to provide services in a satisfactory manner. In making such determination, the city manager shall consider whether any person:

(1) Has previously provided satisfactory services;

(2) Has committed any act which, if committed by any person, would be grounds for the revocation of a permit issued pursuant to this article;

(3) Has knowingly made a false statement of fact in such application.

(c) In the event of denial, the applicant shall be informed in writing of the reasons therefor.

(d) All drivers are to provide picture identification.

(Ord. No. 1488, 2-2-94)

The city manager, or his authorized representative, may deny an application for any of the following grounds:

(a) The application does not comply with the provisions/requirements of this article;

(b) The applicant or operator(s) is unfit to be trusted with the privileges granted by such permit, by reason of a conviction of a crime involving moral turpitude, intemperate habits or unacceptable record;

(c) The applicant operator(s) is a person under the age of 18 years.

The city manager or his authorized representative shall notify the applicant of his intention to deny an application for a permit. Service of such notice shall be made personally or by United States mail. The notice shall include the reasons for denial.

(Ord. No. 1488, 2-2-94)

(a) Name, lettering and designs. The name of the holder of the permit or the trade name under which he or it does business, shall be printed on the outside of each front door or on the rear door of every vehicle operated in the city, if approved by the city manager.

(b) Disqualification. In the event any vehicle engaged in the passenger stage service for any reason is disqualified under the terms of this article from operating as such, all signs or equipment provided by this article and any other device or insignia indication that such vehicle is qualified for operation as a vehicle for hire, including but not limited to cruising lights, shall be removed immediately from such vehicle, and any person failing to remove the same after disqualification shall be guilty of a misdemeanor.

(c) Restitution. The person or employer of a person responsible for any charge other than that authorized by this article, shall be required to make restitution jointly and severally to any overcharged patron for the amount of the overcharge.

(d) Charges must be indicated. All charges for transportation of passengers in a passenger stage operated in the City of Hemet must be indicated on the passenger stage meter installed in said passenger stage, and it shall be unlawful for any owner or driver of any passenger stage to charge any passenger or passengers any sum in excess of the sum indicated on said passenger stage.

(e) Rates to be displayed in vehicle. Every passenger stage shall have conspicuously displayed in full view of the passenger or passengers a card not less than two inches by four inches in size, which shall have stated thereon the name of the owner, or the fictitious firm name under which the owner operates, together with the business address and telephone number of said business, and the owner's identifying number of such vehicle and also the rates of fare to be charged for the use of such vehicle. Any driver of a passenger stage shall give the number of his vehicle on the inquiry of any person.

(f) Proof of commercial insurance. Before a permit shall be issued by the city manager, the applicant shall deliver to the city manager a policy of insurance executed by a company duly authorized under the laws of the state to engage in the insurance business. By the provisions of such policy, the insurance company shall promise and undertake to pay in full all claims for damages to persons or property resulting from the operation of the vehicles described in the application for such permit, provided, however, the minimum amounts for which liability shall be assumed shall be as follows:

For the injury or death of person(s) or damage to property, $5,000,000.00 combined single limit;

The operator of a passenger stage service shall provide to the City of Hemet, in a form acceptable to the city attorney, an insurance certificate naming the City of Hemet as an additional insured. Such certificate shall provide that the City of Hemet shall be provided with a notice of cancellation or change of terms of the policy not less than 30 days before such change takes effect.

(g) Overcharges. Any charge made, or sought to be made, to any patron of a vehicle for hire in excess of the charges authorized by this article for a particular type of service rendered or sought, when shown either by confession of the party, or competent testimony, or failure on the part of any driver or operator of any vehicle for hire to make proper returns to his employer, shall result in immediate suspension of the driver's permit until such time as such permit is either reinstated or revoked.

(h) Rates. Rates may hereafter be set from time to time by resolution of the city council.

(i) Service charges, fees or assessments for administrative costs. Pursuant to Government Code § 53075.5(c), the city council may hereafter provide for service charges, fees or assessments in an amount sufficient to pay for the cost of carrying out the provisions of this article by resolution of the city council.

(Ord. No. 1488, 2-2-94)

A permit issued pursuant to this article shall expire on the earliest of the following dates:

(a) Six months from the date of issuance.

(b) The date the Public Utilities Commission either issues or rejects a permit to the applicant.

(c) Notwithstanding the provisions of this section 86-107, upon good cause shown, the city manager may extend the expiration period provided additional time is reasonable required by the Public Utilities Commission to process the PUC application.

(Ord. No. 1488, 2-2-94)