HomeMy WebLinkAboutS8- City Attorney CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James F. Penman, City Attorney Subject: Ordinance. . .Repealing Sections
2.34.030.G, 5.76.020, 5.76.490,
Dept:
City Attorney 5.76. 540, 5.76. 550 and 5.76. 555
and Amending SS5. 76.030, 5.76. 140
Date:
May 3, 1995 5.76.230 and 5. 76.350 relating to
Setting Rates for and Regulation
of Tow TrUCITES
Synopsis of Previous Council action:
1953 Ordinance 1987 1976 Ordinance 3585 1984 Ordinance MC-424
1955 Ordinance 2078 1978 Ordinance 3750 1985 Ordinance MC-460
1957 Ordinance 2154 1979 Ordinance 3877 1986 Ordinance MC-497
1966 Ordinance 2733 1980 Ordinance 3943 1989 Ordinance MC-659
1969 Ordinance 2979 1980 Ordinance 3967 1993 Ordinance MC-879
1969 Ordinance 3002 1980 Ordinance MC-16
1969 Ordinance 3022 1981 Ordinance MC-103
1973 Ordinance 3325 1981 Ordinance MC-104
1974 Ordinance 3412 1981 Ordinance MC-109
1974 Ordinance 3424 1981 Ordinance MC-119
1975 Ordinance 3485 1982 Ordinance MC-160
1975 Ordinance 3486 1983 Ordinance MC-256
1976 Ordinance 3584 1983 Ordinance MC-257
Recommended motion:
Waive further reading and lay over for final adoption.
Signature
Dennis A. Barlow 5255
Contact person: Phone:
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
IQ
MW
STAFF REPORT
Portions of Chapter 2.34 and 5.76 of the San Bernardino
Municipal Code contain provisions regulating tow trucks. The
primary regulation relates to the rates that such companies may
charge.
Recent federal legislation has preempted local authority in
regulating these rates which leaves virtually nothing left for the
city to regulate relative to tow trucks.
Those portions of the current code which relate to size of
impound yards and the like would be best left to an agreement
between the tow truck companies and the city for the various city
required tows.
It is recommended that the ordinance be adopted.
75-0264
1 ORDINANCE NO.
2 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
3 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
4 RATES FOR AND REGULATION OF TOW TRUCKS.
5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
6
7 SECTION 1. Section 2.34.030.G and Subsection 21 of Section
8 5. 76.020 of the San Bernardino Municipal Code are hereby repealed.
9 SECTION 2. Section 5.76.030 of the San Bernardino Municipal
10 Code is hereby amended to read as follows:
11 "5.76.030 Permit - Required.
12 It is unlawful for any person to drive, operate
or cause to be operated, or to employ, permit or allow
13 another to drive, operate or cause to be operated, any
taxicab, charter vehicle, chauffeured limousine,
14 sight-seeing vehicle, or medical transportation
vehicle over any street of this City regardless of
15 whether such operation extends beyond the boundary
limits of the City, or to advertise for, solicit,
16 induce, persuade, invite, or procure such
transportation of passengers, or sick or injured
17 persons without first obtaining a permit from the
Bureau, subject to the exceptions set forth in the
18 following subsections:
19 A. A vehicle or medical transportation vehicle which
is lawfully transporting a passenger or a patient
20 from a point outside the City to a destination
within the City, or en route to a destination
21 outside the City, is excepted; provided, that no
such vehicle shall solicit or accept a passenger
22 or patient from within the City for
transportation to any destination whatsoever
23 without such permit.
24 B. Any private medical transportation vehicle
accepting and transporting a patient within the
25 City when such private medical transportation
vehicle has been requested or summoned by any
26 police, fire, or civil defense authority or has
been informed by the person requesting such
27 transportation that no permittee hereunder is
willing or able to render such transportation and
28 the police department of the City has been
DAB/js [Tow.Ord] 1 May 3, 1995
1 notified that such transportation will be made,
2 is excepted; provided, that the bureau may revoke
the permit of any permittee refusing such
transportation unless the following conditions
3 exist:
4 1 . The permittee has notified the Bureau in
writing of the time and date of each such
5 refusal and the reasons therefor on or
before the tenth day of the following month;
6 and
7 2. The Bureau finds that the permittee refusing
service was not able by reason of
8 unavailability of equipment and personnel to
render such service. In making this
9 finding, the Bureau may require the
permittee to furnish any further information
10 reasonably necessary for such determination.
11 C. A vehicle being operated pursuant to franchise
issued by the authority of the State Public
12 Utilities Commission or Interstate Commerce
13 Commission is excepted.
I
D. A vehicle being operated for the purpose of
14 transporting bona fide pupils attending an
institution of learning between their homes and
15 such institution is excepted.
16 E. A vehicle being operated under what is commonly
referred to as a "share-the-ride" plan or arrangement,
17 as where a person en route from his place of residence
to his place of business, or vice versa, transports
18 another person living and working in the same general
vicinity upon payment of a sum estimated to cover the
19 actual or approximate cost of operation of the vehicle
20 is excepted.
F. A vehicle rented or leased for self-operation by
21 a person using such vehicle under a plan commonly
known as "U-Drive" unless it is used by such
22 person to transport other persons for
compensation, is excepted.
23
G. Any ambulance maintained, owned or operated by
24 any firm, corporation, copartnership or
individual engaged in any business other than the
25 ambulance business in this City, which ambulance
is maintained, owned or operated exclusively or
26 primarily for the use and benefit of officers,
servants or employees of such firm, corporation,
27 copartnership or individual is excepted.
i
DAB/js [Tow.Ord] 2 May 3, 1995
1 H. Any private ambulance which is lawfully
2 transporting a patient from a hospital or medical
facility within the City directly and nonstop to
3 a point outside the City is excepted.
I . One handicapped transportation van for the
4 handicapped operation pursuant to an agreement
with the City subject to the terms, covenants and
5 conditions of such agreement and any applicable
rules and regulations adopted by the Bureau of
6 Franchises; provided, that such rules and
regulations may be modified or amended by the
7 Mayor anc? Common Council at any time. "
8 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
11 transportation vehicles.
No carrier which operates ambulances, wheelchair
12 passenger transportation vehicles or dialysis
transportation vehicles shall operate, or permit to be
13 operated, any vehicle under the provisions of this
chapter, unless and until such vehicle is covered by
14 the insurance requirements set forth below, and the
policy of such insurance or a certificate thereof, in
15 an insurance company approved by the Bureau, has been
filed with the Bureau. Such policy or certificate
16 shall set forth with particularity the make, number
and other identifying data of each vehicle covered by
17 such policy, together with the expiration date of such
policy, and any other information required by the
18 Bureau.
19 For ambulances, wheelchair passenger
transportation vehicles or dialysis transportation
20 vehicles, two million dollars combined single incident
public liability and property damage insurance is
21 required. "
22 SECTION 4. Section 5.76.230 of the San Bernardino Municipal
23 Code is hereby amended to read as follows:
24 "No rate or fare shall be placed in effect,
charged, demanded or collected by any carrier for the
25 transportation of passengers by vehicles, or by any
ambulance carrier for its services as covered by this
26 chapter until the Bureau, after a hearing upon its own
motion, or upon application, or complaint, has found
27 and determined the rate to be just, reasonable and
nondiscriminatory, nor in any way, in violation of any
28 provisions herein contained or any provisions of law;
DABIjs [Tow-Ord] 3 May 3, 1995
1 nor until the rate or fare has been established and
2 authorized by the Bureau with the approval of the
Mayor and Common Council. In establishing and
3 authorizing such rates or fees, the Bureau shall take
into account, and give due and reasonable
consideration to the cost of all comparable
4 transportation services performed by all persons,
firms or corporations engaged in such transportation
5 services for compensation in the City, whether by
virtue of any franchise granted by the Common Council
6 or otherwise, including length of haul, any additional
transportation service performed, or of any accessory
7 service, and to value of the facilities reasonably
8 necessary to perform such transportation service. "
9 SECTION 5. Section 5.76.350 of the San Bernardino Municipal
10 Code is hereby amended to read as follows:
11 "5. 76.350 Waiting time - On-scene time.
A. Waiting time. For the purpose of this chapter,
12 "waiting time" means the time consumed while the
taxicab is not in motion at the direction of a
13 passenger, and also the time consumed while
waiting for a passenger after having responded to
14 a call; but no charge shall be made for the time
consumed by the premature response to a call, or
15 for the first three minutes following timely
arrival of any location in response to a call or
16 for time lost through traffic interruptions or
for delays caused by the inefficiency of the
17 taxicab or its driver.
18 B. On-Scene Time - Ambulances. On-scene time for
ambulance service shall begin from the time of
19 the arrival of the ambulance at the scene of a
medical emergency and shall continue until the
20 vehicle leaves the scene. "
21 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.Ordj 4 May 4, 1995
1 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
2 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
3 TRUCKS.
4 I HEREBY CERTIFY that the foregoing Ordinance was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a meeting thereof, held on the
7 day of 1995, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 NEGRETE
10 CURLIN
11 HERNANDEZ
12 OBERHELMAN
13 DEVLIN
14 POPE-LUDLAM
15 MILLER
16
17
City Clerk
18
19 The foregoing Ordinance is hereby approved this day
20 of 1995.
21
Tom Minor, Mayor
22 City of San Bernardino
23 Approved as to form
and legal content:
24
JAMES F. PENMAN,
25 City Attorney
26 '
By
27
28
DAB/js (Tow.Ord] 5 May 3, 1995