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Home My WebLink AboutMC-943 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . Effective: July 6, ,1995. ORDINANCE NO. MC-943 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING SECTIONS 2.34.030.G, 5.76.020, 5.76.490, 5.76.540, 5.76.550 and 5.76.555 AND AMENDING SECTIONS 5.76.030, 5.76.140, 5.76.230 AND 5.76.350 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SETTING RATES FOR AND REGULATION OF TOW TRUCKS. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Section 2.34.030.G and Subsection 21 of Section 5.76.020 of the San Bernardino Municipal Code are hereby repealed. SECTION 2. Section 5.76.030 of the San Bernardino Municipal Code is hereby amended to read as follows: "5.76.030 Permit - Required. It is unlawful for any person to drive, operate or cause to be operated, or to employ, permit or allow another to drive, operate or cause to be operated, any taxicab, charter vehicle, chauffeured limousine, sight-seeing vehicle, or medical transportation vehicle over any street of this City regardless of whether such operation extends beyond the boundary limits of the City, or to advertise for, solicit, induce, persuade, invite, or procure such transportation of passengers, or sick or injured persons without first obtaining a permit from the Bureau, subject to the exceptions set forth in the following subsections: A. A vehicle or medical transportation vehicle which is lawfully transporting a passenger or a patient from a point outside the City to a destination wi thin the City, or en route to a destination outside the City, is excepted; provided, that no such vehicle shall solicit or accept a passenger or patient from within the City for transportation to any destination whatsoever without such permit. B. Any private medical transportation vehicle accepting and transporting a patient within the Ci ty when such private medical transportation vehicle has been requested or summoned by any police, fire, or civil defense authority or has been informed by the person requesting such transportation that no permittee hereunder is willing or able to render such transportation and the police department of the City has been DAB/js {Tow.Ord] 1 May 3. 1995 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC-943 . : / / / F. G. notified that such transportation will be made, is excepted; provided, that the bureau may revoke the permit of any permittee refusing such transportation unless the following conditions exist: 1. The permittee has notified the Bureau in writing of the time and date of each such refusal and the reasons therefor on or before the tenth day of the following month; and 2. The Bureau finds that the permittee refusing service was not able by reason of unavailability of equipment and personnel to render such service. In making this finding, the Bureau may require the permi ttee to furnish any further information reasonably necessary for such determination. C. A vehicle being operated pursuant to franchise issued by the authority of the state Public utilities Commission or Interstate Commerce Commission is excepted. D. A vehicle being operated for the purpose of transporting bona fide pupils attending an institution of learning between their homes and such institution is excepted. E. A vehicle being operated under what is commonly referred to as a "share-the-ride" plan or arrangement, as where a person en route from his place of residence to his place of business, or vice versa, transports another person living and working in the same general vicinity upon payment of a sum estimated to cover the actual or approximate cost of operation of the vehicle is excepted. A vehicle rented or leased for self-operation by a person using such vehicle under a plan commonly known as "U-Drive" unless it is used by such person to transport other persons for compensation, is excepted. Any ambulance maintained, owned or operated by any firm, corporation, copartnership or individual engaged in any business other than the ambulance business in this City, which ambulance is maintained, owned or operated exclusively or primarily for the use and benefit of officers, servants or employees of such firm, corporation, copartnership or individual is excepted. 2 DAB/js [Tow.Ord] May 3. 1995 MC-943 1 2 3 4 5 6 7 8 H. Any private ambulance which is lawfully transporting a patient from a hospital or medical facility within the City directly and nonstop to a point outside the City is excepted. 1. One handicapped transportation van for the handicapped operation pursuant to an agreement wi th the City subj ect to the terms, covenants and conditions of such agreement and any applicable rules and regulations adopted by the Bureau of Franchises; provided, that such rules and regulations may be modified or amended by the Mayor and Common Council at any time." SECTION 3. Section 5.76.140 of the San Bernardino Municipal 9 Code is hereby amended to read as follows: 10 "5.76.140 Insurance - ambulance and medical transportation vehicles. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 No carrier which operates ambulances, wheelchair passenger transportation vehicles or dialysis transportation vehicles shall operate, or permit to be operated, any vehicle under the provisions of this chapter, unless and until such vehicle is covered by the insurance requirements set forth below, and the policy of such insurance or a certificate thereof, in an insurance company approved by the Bureau, has been filed with the Bureau. Such policy or certificate shall set forth with particularity the make, number and other identifying data of each vehicle covered by such policy, together with the expiration date of such policy, and any other information required by the Bureau. For ambulances, wheelchair passenger transportation vehicles or dialysis transportation vehicles, two million dollars combined single incident public liability and property damage insurance is required." SECTION 4. Section 5.76.230 of the San Bernardino Municipal Code is hereby amended to read as follows: "No rate or fare shall be placed in effect, charged, demanded or collected by any carrier for the transportation of passengers by vehicles, or by any ambulance carrier for its services as covered by this chapter until the Bureau, after a hearing upon its own motion, or upon application, or complaint, has found and determined the rate to be just, reasonable and nondiscriminatory, nor in any way, in violation of any provisions herein contained or any provisions of law; DAB/js [Tow.Ord] 3 May 3. 1995 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 MC-943 nor until the rate or fare has been established and authorized by the Bureau with the approval of the Mayor and Common Council. In establishing and authorizing such rates or fees, the Bureau shall take into account, and give due and reasonable consideration to the cost of all comparable transportation services performed by all persons, firms or corporations engaged in such transportation services for compensation in the City, whether by virtue of any franchise granted by the Common Council or otherwise, including length of haul, any additional transportation service performed, or of any accessory service, and to value of the facilities reasonably necessary to perform such transportation service." SECTION 5. Section 5.76.350 of the San Bernardino Municipal Code is hereby amended to read as follows: "5.76.350 Waiting time - On-scene time. A. Waiting time. For the purpose of this chapter, "waiting time" means the time consumed while the taxicab is not in motion at the direction of a passenger, and also the time consumed while wai ting for a passenger after having responded to a call; but no charge shall be made for the time consumed by the premature response to a call, or for the first three minutes following timely arrival of any location in response to a call or for time lost through traffic interruptions or for delays caused by the inefficiency of the taxicab or its driver. B. On-Scene Time - Ambulances. On-scene time for ambulance service shall begin from the time of the arrival of the ambulance at the scene of a medical emergency and shall continue until the vehicle leaves the scene." SECTION 6. Sections 5.76.490, 5.76.540, 5.76.550 and 22 5.76.555 of the San Bernardino Municipal Code are hereby repealed. 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / DAB/js [Tow.Ord] 4 May 4. 1995 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 'MC-943 1 2 3 AN ORDINANCE...REPEALING SECTIONS 2.34.030.G, 5.76.020, 5.76.490, 5.76.540, 5.76.550 and 5.76.555 AND AMENDING SECTIONS 5.76.030, 5.76.140, 5.76.230 AND 5.76.350 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO SETTING RATES FOR AND REGULATION OF TOW TRUCKS. 4 I HEREBY CERTIFY that the foregoing Ordinance was duly 5 adopted by the Mayor and Common Council of the City of San Bernardino at a reqular meeting thereof, held on the 5th day of June 1995, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE x CURLIN x HERNANDEZ x OBERHELMAN x DEVLIN x POPE-LUDLAM x MILLER x (;J~ ~ ~ Clerk The foregoing Ordinance is hereby approved this ~ay of , 1995. -A ~ U4~ Tofu Mino , Mayor City of San Bernardino June Approved as to form and legal content: JAMES F. PENMAN, City Attorney 9 ~ DAB/js [Tow.Ord] 5 May 3. 1995