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ORDINANCE 283AI "'Al ORDINANCE NO. 283. AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, REGULATING THE OPERATION OF TAXICABS AND MOTOR VEHICLES TRANSPORTING PASSENGERS FOR HIRE, OR FOR SIGHZ•SEEING PURPOSES, UPON THE PUBLIC STREETS OF SAID CITY. The City Council of the City of El Segundo, California, does ordain as follows: SECTION 1. Definitions: (a) That the terms "Council" or "City Council", as used in this ordinance, mean the City Council of the City of El Segundo, California. (b) That the term "Street ", as used in this ordinance, shall mean any place commonly used for the purpose of public travel. (c) That the term "Driver ", as used in this ordi- nanoe, includes every person in charge of, driving, or operating any passenger - carrying or motor propelled vehicle, as herein defined, either as agent, employee, or otherwise. (d) That the term "Taximeter ", as used in this ordinance, shall meah� 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 for both, and upon which such charges shall be indicated by means of figures. (e) That the term "Street Stand ", as used in this ordinance, shall mean a portion of a street designated by either the City Council or by the Trgffic Authority for the use, while awaiting employment of any passenger.•oarrying or motor propelled vehicle as herein defined. 1.. S11161:2 (f) That the term "Traffic Authority ", as used in this ordinance, shall mean the Chief of Police of the City of El Segundo, California. (g) That the terms "Automobile for Hire ", or "Vehicle for Hire ", as used in this ordinance, mean every automobile or motor propelled vehicle, of private appearance not equipped with a taximeter, used for the transportation of passengers over the public streets of the City of El Segundo and not over a defined route, and irrespective of whether such operations extend beyond the boundary limits of said city, at rates per mile, per trip, per hour, per day, per week, per month, and such vehicle is routed under the direction of such passenger, or passengers, or of such persons hiring the same. (h) That the term "taxicab ", as used in this ordi- nance, shall mean every automobile or motor propelled vehicle of a distinctive color and /or the driver's seat separated from the passenger's compartment by a glass partition, and /or of public appearance, such as is in common usage in this country for taxicabs, and /or equipped with a taximeter, used for the transportation of passengers for hire over the public streets of the City of E1 Segundo, and not over a defined route, and irrespective of whether the operations extend beyond the boundary limits of said oity, at rates for distance traveled or for waiting time, or for both, and such vehicle is routed under the direction of such passenger or passengers, or of such persons hiring the same. (1) That the term "Sight - seeing Automobile ", as used in this ordinance, means every automobile or motor pro. pelled vehicle used for the transportation of passengers over the public streets of the City of El Segundo, and not necessarily over a defined route, irrespective of whether such operations extend beyond the boundary limits of said city, for the purpose of sight - seeing, or showing points of interest, and charging a fee or compensation therefor. 2- I i c k i� SECTION 2. That the City Council, in determining whether or not public convenience and necessity exist in the case of any application, may take into consideration any and all facts and conditions which such Council may deem pertinent and /or proper including (but not limited to) a consideration of: (a) The financial responsibility of-the applicant. (b) The effect of the granting of the permit applied for on the businesses and operations of prior permittees hereunder, then operating. (e) Whether or not prior permittees hereunder, then operating, are: (1) under efficient management earning a fair and reasonable return on their capital devoted to such service; and (2) under normal conditions adequately serving the public. SECTION 3. That it shall be unlawful for any person, firm or corporation to operate, or cause to be operated, any of the vehicles defined in Section 1 of this ordinance without having first obtained a permit in writing so to do as provided in this ordinance. Applicants for such permits so to do shall file with the City Council an application upon blanks furnished by said city containing such information as provided by rules and regulations of the City Council or Traffic Authority, pertain- ing to the operation of, and the extent, character and quality of the service of, taxicabs, autos for hire and sight - seeing autos. (a) No taxicab permit shall be issued to any person, firm or corporation until a standard, distinct.. ive and uniform color scheme, name, monogram or insignia has been adopted by the applicant and approved by the City Council or Traffic Authority, which designates the owner of said vehicle. 3- J 1 (b) No permit shall be issued to any person, firm or corporation whose color scheme, name, monogram or insignia to be used on such ears shall be in conflict with, or imitate any color scheme, monogram, name or insignia used by another concern operating within said city in such a manner as to be misleading or tend to deceive or defraud the public. The permits herein men- tioned shall entitle the holder thereof to obtain a license to engage in the business described in said permit from the City Clerk upon the payment of the license fee therefor, as provided by ordinance of said city, and said City Clerk shall issue to the holder of such permit a license setting forth the kind of trans- portation for which such license is issued and the year when issued; said permit shall be filed with the City Clerk. SECTION 4. That it shall be unlawful for any person. to drive, operate or be in charge of any passenger - parrying or motor propelled vehicles as herein defined, without first having obtained a permit in writing so to do from the City Council. Applicants for such permits so to do shall file with the City Council an application in writing upon blanks to be furnished by said city containing such information as said City Council or the Traffic Authority may require. Every such permit so granted as provided in this ordinance, shall be filed with the City Clerk, and upon payment to him of the sum of $1.50 he shall issue to the holder of such permit a badge of such design and bearing such words and numerals as may be prescribed by said City Council or the Traffic Authority. No permit shall be issued to any driver as herein defined who is under the age of 21 years, or who in the exercise of reason. able discretion the City Council shall deem not a fit or proper person to be in charge of or operate an automobile for hire, �'T o ^� as determined by rules and regulations of the City Council pertaining to the operation of, and the extent, character and quality of the service of, taxicabs, autos for hire and sight- seeing autos; nor shall any driver's permit be issued except to a citizen of the United States or to one who has regularly declared his intention to become a citizen. SECTION B. That before any permit is issued for any vehicle or vehicles hereinbefore defined, the owner shall be required to file with the City Council, and thereafter keep in full force and effect a policy of insurance in such form as the City Council may deem proper, and executed by an insurance company approved by said City Council, insuring the public against any loss or damage that may result to any person or property from the operation of such vehicle or vehicles, provided the minimum amount of recovery in such policy of insurance specified, shall not be less than the following sums: For the injury to any one person or the death of any one person in any one accident ... V25,000.00 For the injury to two or more persons, or the death of two or more persons, in any one accident ............................... $500000.00 For the injury or destruction of property In any one accident $ 5,000.00 Provided, however, that for vehicles having a seating capacity of more than 10 persons the limit of liability for death or injury in any one accident shall be $100,000.00 instead of $25,000.00 as hereinabove specified. All policies shall contain a provision for a continu- ing liability thereunder up to the full amount of the penalty thereof, notwithstanding any recovery thereon. That it shall be unlawful for any owner to operate or cause to be operated any vehicle without having a policy CM 1846 ��! 6 as described in this section in full force and effect at all times during the operation of such vehicles. SECTION 6. That no vehicle as described in Section 1 of this ordinance for which a permit shall have been issued shall be operated by any one but the owner thereof or an em- ployee of the owner; and it shall be unlawful for the owner or any driver of any such vehicles 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. SECTION ?. That it shall be unlawful for any of the vehicles defined in paragraphs (g), (h) and (i) of Section 1 of this ordinance to be operated from any place except a stand, granted by the City Council or Traffic Authority in accordance with the provisions of this ordinance, or from a private or public garage or parking space on private property; and it shall be unlawful for the owner, driver or operator of a vehicle operating under one classification as defined in this ordinance to transfer the same to, or use the same in, another classification unless and until public convenience and necessity shall have been established so to do as set forth herein. SECTION 8. That permits may be issued as provided in this ordinance, by the City Council or Traffic Authority, to the owners of the vehicles herein defined allowing any such vehicles while awaiting employment to stand at certain desig- nated places upon the streets of the City of El Segundo; provided, however, that no such permit shall be granted except upon the written application of the person desiring such stand, filed with the City Council or Traffic Authority, stating the number and kind of vehicle or vehicles for which the permit is sought, and the proposed location of sueh stand; provided also 6- i that such application must contain either the written consent of the occupant of the first floor of that portion of the building or property in front of whion it is desired that said vehicle or vehicles shall stand, or, if such building shall contain more than 100 rooms and be used for hotel purposes, the written consent of the person operating said hotel. That if there is' no building on the premises in front of which it is desired that such vehicles may stand, or if there is a building and the first floor is not occupied, then such permit may be granted upon the written consent of the owner, agent or lessee of such building or premises. That in front of any building used for hotel pur- poses containing more than 100 guest rooms, stand permits may be issued on the basis of one vehicle for every 100 guest rooms or a major fraction thereof; provided, however, that none of such vehicles shall be permitted to stand within a distance of 15 feet on either side of a line drawn from the center of the entrance of such building and at right angles to the street upon which such entrance is located. That in addition to the number of cabs that may be permitted to stand upon the street-within the limits of any block as hereinafter in this Section provided the City Council or Traffic Authority may grant permission to a cab owner or company who has a stand upon the public street at the station of any steam, interurban or bus transportation system, for additional cabs at any such stand located in front of or along the side of any such steam, interurban or bus transportation system as may be necessary to meet the needs of the traveling public, provided, however, that the consent of the owner or operator of said steam, interurban or bus transportation system is first obtained by said cab company for said additional cabs. Except as otherwise provided in this ordinance not more 7-