Chapter 5.16 TAXICAB BUSINESS AND TAXICAB DRIVERS

A. “Compensation” means and includes any money, thing of value, payment, consideration, reward, tip, donation, gratuity, or profit paid to or accepted or received by the driver of any vehicle to exchange for transportation of a person or persons whether paid upon solicitation, demand or contract, or voluntarily, or intended as a gratuity or donation.

B. “Driver” means every person in charge of, or operating, any passenger-carrying or motor-propelled vehicle, as herein defined, either as agent, employee, lessee, or otherwise, of owner, as owner, or under the direction of the owner, as herein defined.

C. “Limousine” means an automobile having an enclosed compartment for passengers separate from the driver’s compartment, the payment for the use of which is not calculated by use of a taximeter or other mechanical device.

D. “Owner” means every person, firm or corporation having use or control of any passenger-carrying automobile or motor-propelled vehicle, as herein defined, whether as owner, lessee or otherwise.

E. “Person” means any individual, partnership, association, corporation or other organization owning, operating or proposing to operate any taxicabs within the city of Hughson.

F. “Street” means any place commonly used for the purpose of public travel.

G. “Taxicab” means every automobile or motor-propelled vehicle, except a limousine as defined in this section, used for the transportation of passengers for hire, compensation, profit, financial gain, benefit or consideration of any kind over the public streets of the city of Hughson and whether or not over a defined route, and irrespective of whether the operations extend beyond the boundary limits of said city, and such vehicle is routed under the direction of such passenger or passengers, or of such persons hiring the same.

H. “Taxicab stand” means a public place alongside the curb of a public street or elsewhere, which has been designated by the city council of the city of Hughson as reserved exclusively for the use of the taxicabs.

I. “Taximeter” means any mechanical or electronic instrument, appliance, device or machine by which the charge for hire of a passenger-carrying vehicle is mechanically or electronically calculated, either for distance traveled or time consumed, or both and upon said instrument, appliance, device, or machine, such charge is indicated by figures. (Ord. 88-05 § 1, 1988)

5.16.020 Penalties.

A. Infractions. Except as provided in subsection B of this section, any person whether as principal, agent, employee or otherwise, who violates or causes or permits the violation of any provisions of this chapter, shall be guilty of an infraction. Each separated day or portion thereof during which any violation occurs or continues shall be deemed to constitute a separate offense and upon conviction shall be punishable as follows:

1. For the first violation within a one-year period, a fine of $50.00;

2. For the second violation within a one-year period, a fine of $100.00;

3. For the third violation within a one-year period, a fine of $250.00;

4. If the number of violations exceeds three within a one-year period, the responsible person(s) shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than $1,000, or by imprisonment in the county jail for a term of not more than six months, or by both such fine and imprisonment.

B. Misdemeanors. Any person whether principal, agent, employee or otherwise who violates or causes or permits the violation of the following sections of this chapter, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $1,000, or by imprisonment in the county jail of not more than six months, or by both such fine and imprisonment:

1. HMC 5.16.030;

2. HMC 5.16.130;

3. HMC 5.16.200;

4. HMC 5.16.340;

5. HMC 5.16.350;

6. HMC 5.16.440;

7. HMC 5.16.450. (Ord. 88-05 § 1, 1988)

5.16.030 Prerequisite to operation of taxicabs.

No person shall operate any taxicab within the city without the owner first having obtained a certificate of public convenience and necessity from the council of the city. (Ord. 88-05 § 1, 1988)

5.16.040 Application for certificate – Contents.

All persons applying to the council for a certificate for the operation of one or more taxicabs shall file with the council a sworn application therefor on forms provided by the city manager stating as follows:

A. The name and address of the owner, person applying and all persons financially interested in the operation of said taxicabs;

B. The number of vehicles actually owned and the number of vehicles actually operated by such owner on the date of application, if any;

C. The make, type, year of manufacture and passenger seating capacity of each taxicab;

D. The make and type of taximeter intended to be installed on each taxicab;

E. A description of the proposed color scheme, insignia, trade style and/or distinguishing characteristic of the proposed taxicab design;

F. A guarantee in such form as may be required by the city council that the owner will operate in such a manner that its taxicab service will be available to the public seven days per week and 24 hours per day;

G. Such other information as the council or the city manager may require. (Ord. 88-05 § 1, 1988)

5.16.050 City council hearing.

No certificate shall be granted until the council shall, after public hearing, declare by resolution that there is a demand for additional taxicab service, that the present taxicab service is inadequate and that the public convenience and necessity require the proposed taxicab service. (Ord. 88-05 § 1, 1988)

5.16.060 City council action.

Having declared there is a demand for additional taxicab service and that the present taxicab service is inadequate and that the public convenience and necessity require the taxicab service, the council shall grant certificates of public convenience and necessity to those persons applying therefor who in its opinion are entitled thereto, provided, however, that a certificate of public convenience and necessity shall not be granted to any person who will not have in service at all times in accordance with the provisions of this chapter, a minimum of one taxicab or as determined by chief of police. (Ord. 88-05 § 1, 1988)

5.16.070 Compliance.

No certificate shall be issued to any person who shall not have fully complied with all of the requirements hereof necessary to be complied with before commencing operation of the proposed service. (Ord. 88-05 § 1, 1988)

5.16.080 Discontinuance of service automatically cancels certificate.

After the service for which a certificate is granted thereunder is discontinued, or if the person sells his business or discontinues the business for a period of 30 days, the certificate granted hereunder shall be automatically canceled and shall be reissued only in accordance with the provisions hereof. Certificates granted hereunder shall not be transferable. (Ord. 88-05 § 1, 1988)

5.16.090 Suspension or revocation of certificates.

Certificates may be suspended or revoked by the council at any time in case:

A. The council finds the owner’s past record to be unsatisfactory.

B. The owner fails to operate the taxicab or taxicabs in accordance with the provisions hereof.

C. The owner shall cease to operate any taxicab for a period of 30 consecutive days without having obtained permission for cessation of such operation from the city manager.

D. The taxicab or taxicabs are operated at a rate of fare other than that approved by the council.

E. The owner fails without good cause to have in service a minimum of one taxicab at all times in accordance with the provisions of this chapter. (Ord. 88-05 § 1, 1988)

5.16.100 Revocation or suspension – Hearing.

Revocation of a certificate of public convenience and necessity shall be made only after a hearing granted to the holder of such certificate before the council, after 10 days’ notice to said certificate holder, setting forth the grounds for revocation or suspension and setting a time and place where such hearing will be held. The decision of the council in revoking or suspending the certificate shall be final and conclusive. (Ord. 88-05 § 1, 1988)

5.16.110 Surrender of certificate.

Certificates which shall have been suspended or revoked by the council shall forthwith be surrendered to the clerk of the city council and the operation of any taxicab or taxicabs covered by such certificates shall cease and be unlawful. (Ord. 88-05 § 1, 1988)

5.16.120 Certificate not to confer property right.

The full and sole purpose of this chapter is one of regulation for the public good and under no circumstances whatsoever shall any certificate of convenience and necessity, license or permit provided herein constitute or be deemed to be a property right or right of livelihood vested in the holder of any such certificate, permit or license. (Ord. 88-05 § 1, 1988)

5.16.130 Taximeters required on all taxicabs.

It shall be unlawful for any owner or driver to operate any taxicab in the city unless such vehicle is equipped with a taximeter of such type, style and design as may be approved by the State Department of Agriculture, Sealer of Weights and Measures, and it shall be the duty of every owner operating a taxicab to cause such taximeter to be inspected and sealed as required by the Sealer of Weights and Measures. Such taximeters shall be at all times subject to inspection by the county’s sealer or by any peace officer. Such inspector or peace officer is authorized, at his instance or upon complaint by any person, to investigate, or cause to be investigated, such taximeter, and, upon the discovery of any inaccuracy in such meter, to remove, or cause to be removed, such vehicle equipped with such taximeter from the street of the city until such time as the taximeter shall have been correctly adjusted, recertified, and sealed by the Sealer of Weights and Measures. (Ord. 88-05 § 1, 1988)

5.16.140 Registration of fares.

Every such taximeter shall register the charge to the nearest 10 cents and be equipped with a flag or other device, mechanically or electronic with the words “For Hire” printed or stamped thereon which flag or other device shall be so attached or connected to the taximeter as to indicate the taxicab is for hire when the meter is not in operation and to remove or blank out the words “For Hire” when the taximeter is in operation. (Ord. 88-05 § 1, 1988)

5.16.150 Display of flag – When unlawful.

It shall be unlawful for any driver of a taxicab while carrying passengers to display the flag or device attached to such taximeter in such a position as to denote that such vehicle is for hire, or is not employed, or to have such flag or other attached device in such a position as to prevent the taximeter from operating, and it will be unlawful for any driver to throw such flag or other device of a taximeter into a position which causes the taximeter to record when such vehicle is not actually employed or fail to throw the flag or other device on such taximeter into a nonrecording position at the termination of each and every service. (Ord. 88-05 § 1, 1988)

5.16.160 Charges based on taximeters.

The charges for transportation of passengers in taxicabs operated in the city must be based on the charges indicated on the taximeters and it is unlawful for any owner, driver or operator of any taxicab to charge any passenger or passengers any sum in excess of the sum indicated on the taximeter. (Ord. 88-05 § 1, 1988)

5.16.170 Taximeter – How placed.

The taximeter must be placed in the taxicab so that the reading dial showing the amount to be charged shall be well lighted and readily discernible by the passenger riding in such taxicab. (Ord. 88-05 § 1, 1988)

5.16.180 Posting schedule of fares.

There shall be displayed in the passenger compartment of such taxicab in full view of the passenger a card not less than four inches by six inches in size which shall have plainly printed thereon the name of the owner, or the fictitious name under which said owner operates, the business address and telephone number of said owner, and a correct schedule of the rates to be charged for conveyance in said vehicle. (Ord. 88-05 § 1, 1988)

5.16.190 Rates.

It is unlawful for the owner or driver of any taxicab as defined in HMC 5.16.010 to fix or charge or collect or receive a rate in excess of rates established and set from time to time by resolution of the city council. (Ord. 88-05 § 1, 1988)

5.16.200 Acceptance of personal property – Prohibited.

It is unlawful for any driver of a taxicab, or other vehicle regulated to purchase, accept, receive, acquire or to agree to purchase, accept, receive, or acquire any jewelry, watches, cameras, firearms, clothing or any articles of personal property in payment of or as a pledge for the payment of any fares due and payable for conveyance in any taxicab or vehicle regulated hereby. (Ord. 88-05 § 1, 1988)

5.16.210 Vehicles must conform.

All taxicabs operated pursuant to this chapter shall conform with all the provisions hereof. (Ord. 88-05 § 1, 1988)

5.16.220 Replacement of broken or faulty taximeters.

Taximeters placed upon taxicabs to replace broken or faulty meters shall under no condition be operated more than 24 hours prior to being inspected, tested, approved and sealed by an authorized representative of the city manager. (Ord. 88-05 § 1, 1988)

5.16.230 Taxicabs to display business license.

It is unlawful for any owner or driver to operate any taxicab in the city unless there is exhibited in a place designated by the city manager on the inside of the vehicle, a business license issued by the city pursuant to Chapter 5.04 HMC. (Ord. 88-05 § 1, 1988)

5.16.240 Taxicabs to display identification number.

Each taxicab shall bear, at such places on the outside of such vehicle as shall be prescribed by the city manager, an identification number, and such number shall be of the size and design located on the vehicle as shall be prescribed by the city manager. (Ord. 88-05 § 1, 1988)

5.16.250 Taxicabs must conform to color scheme.

All taxicabs must be and conform to a color scheme approved by the city manager, and the council may refuse a certificate to every person whose color scheme, trade name and/or insignia imitates that of any permittee in such manner as to deceive the public. (Ord. 88-05 § 1, 1988)

5.16.260 Inspection of taxicabs.

To insure continued maintenance of safe operating conditions, taxicabs, their equipment and taximeters, operating or used pursuant to this code shall be inspected quarterly at a garage or garages approved by the city manager. The garage or garages shall, after such quarterly inspection issue a “certificate of safety” certifying that the vehicle, its equipment and taximeter comply with the safety requirements of this chapter. Cost of the inspections shall be paid by owner of the vehicles. (Ord. 88-05 § 1, 1988)

5.16.270 Authority of police department to inspect taxicabs.

The chief of police of the city, or any member of the police department under his direction, shall have the right, at any time after displaying proper identification, to enter into or upon any taxicab for the purpose of ascertaining whether or not any of the provisions set forth herein are being violated. (Ord. 88-05 § 1, 1988)

5.16.280 Unsafe or unsuitable taxicab.

It is unlawful and an infraction for the owner of any taxicab licensed pursuant to this chapter to maintain the taxicab in an unsafe or unsuitable condition as defined in HMC 5.16.290. Any taxicab which is found, in the opinion of the city manager or the chief of police or their agents, after any such inspection, to be unsafe or in any way unsuitable for taxicab service shall be immediately ordered out of service, and before again placed in service owner shall obtain a “certificate of safety” for the vehicle. (Ord. 88-05 § 1, 1988)

5.16.290 Things deemed to make a taxicab unsafe or unsuitable.

For the purposes of HMC 5.16.280, the existence of the following named things, but not to the exclusion of other things, shall be deemed to make a taxicab unsafe or unsuitable for taxicab service:

A. Excessive leakage of oil, grease, gas or any other substance from any part of the taxicab;

B. The existence of any defects in the frame of the taxicab;

C. The failure of any movable parts of the car, including doors, windows, hoods, trunk, lights, etc., to function in the proper working order;

D. Failure to maintain the tires, lights, turning signals or brakes in good safe operating condition;

E. Failure to maintain the motor and other mechanical parts of the car in good and safe operating condition;

F. The failure to have an adequate exhaust system, that complies with state law, properly installed and in good working condition;

G. The existence of large or excessive dents or scratches in the body of the taxicab;

H. Improper maintenance of the exterior paint, in the proper color scheme;

I. The existence of excessive wear and tear on the upholstery, floor mats and other parts of the interior of the taxicab;

J. Failure to have adequate interior lighting in proper working condition;

K. Failure to have seat belts for three passengers in the back seat and for one passenger in the front seat. (Ord. 88-05 § 1, 1988)

5.16.300 Cleaning of interior.

The interior of every taxicab in service shall be kept in a clean and sanitary condition at all times. (Ord. 88-05 § 1, 1988)

5.16.310 Cleaning of exterior.

The exterior of every taxicab in service shall be kept in a clean condition at all times. (Ord. 88-05 § 1, 1988)

5.16.320 Direct route to destination.

Any driver employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to his destination safely and expeditiously. (Ord. 88-05 § 1, 1988)

5.16.330 Receipt for fare.

Every driver shall, if requested, give a correct receipt upon payment of the correct fare. (Ord. 88-05 § 1, 1988)

5.16.340 Disputes as to fare.

All disputes as to fare shall be determined by the officer in charge of the police station. Any person failing to comply with such determination shall be guilty of a misdemeanor. (Ord. 88-05 § 1, 1988)

5.16.350 Refusal to pay fare.

It is unlawful for any person to refuse to pay the lawful fare as fixed herein of any of the vehicles regulated by this chapter, after employing or hiring the same, and any person so doing shall be guilty of misdemeanor. (Ord. 88-05 § 1, 1988)

5.16.360 Passengers in excess of taxicabs.

No driver of any taxicab shall accept, take into his vehicle or transport any larger number of passengers than the rated seated capacity of his vehicle. “Rated capacity” shall mean: three passengers in the back seat and one passenger in the front seat of a taxicab unless the rated capacity of a taxicab is otherwise designated in writing by the chief of police. (Ord. 88-05 § 1, 1988)

5.16.370 Additional passengers.

Whenever any taxicab is occupied by a passenger, or passengers, the driver shall not permit any other person to occupy or ride, in the taxicab, except at the specific request of, and originating with, the original passenger or passengers. This prohibition shall not apply to any multiple ride program wherein the passenger or passengers are being transported at reduced rates in consideration of such multiple ride program and the fare of each passenger is separately computed by mechanical or electronic taximeters. (Ord. 88-05 § 1, 1988)

5.16.380 Unattended taxicabs.

It is unlawful for any taxicab to remain standing at any established taxicab stand, unless the cab is attended by a driver or operator, except when assisting passengers to load or unload, or when answering his telephone. (Ord. 88-05 § 1, 1988)

5.16.390 Deception of passengers.

No driver shall deceive, or attempt to deceive, any passenger who may ride in his taxicab as to his destination, or the rate of fare to be charged, or shall convey any passenger, or cause him to be conveyed to a place other than directed by him and in no event shall any operator, or driver, take a longer route to the destination than necessary, unless so requested by the passenger or passengers. (Ord. 88-05 § 1, 1988)

5.16.400 Driver permits required.

It is unlawful for an owner to allow or permit any driver to operate or drive within the city a taxicab owned or under the control of the owner unless the driver has a valid permit issued to the driver pursuant to this chapter. (Ord. 88-05 § 1, 1988)

5.16.410 Permits for taxicab stands.

Jurisdiction to issue permits for taxicab stands or places shall be vested in the city council. All permits shall be revocable at the pleasure of the city council and all applications therefor shall be referred to the city manager for his recommendation. The city council shall not grant a taxicab stand without taking into consideration the need for such stand by the company and the convenience of the general public and shall not grant such stand where such stand would tend to create a traffic hazard. The permits shall not be transferable. (Ord. 88-05 § 1, 1988)

5.16.420 Permit license fee.

For each permit for a taxicab stand or parking space or place or for the privilege of using a special open stand upon any public street or other public place in the city, owner shall pay to the city for each such stand, parking space or place a fee as may be set from time to time by resolution of the city council. (Ord. 88-05 § 1, 1988)

5.16.430 Parking other vehicles in taxicab stands.

It is unlawful for the operator of any other vehicle to park in a taxicab or vehicle for hire space or stand. (Ord. 88-05 § 1, 1988)

5.16.440 Public liability insurance.

A. It is unlawful to operate any vehicle, as defined herein, unless there shall be filed with the city manager a liability insurance policy issued by a solvent corporation holding a certificate of authority to do insurance business in the state of California, which policy shall conform in all respects to the requirements of this section and which meets the approval of the city attorney. The liability policy required under this section shall insure against loss from the liability imposed by law for injury to or death of any person or damage to any property caused by the operation of any vehicle operated under the provisions hereof in the following amounts: $100,000 for death or injuries to any one person in any one accident; $300,000 for death or injuries to two or more persons in any one accident or occurrence; $100,000 for damage to property of others.

B. The policy of insurance so provided shall contain a provision that such policy may not be canceled or reduced in amount except after 30 days’ notice in writing to be given to the city manager. (Ord. 88-05 § 1, 1988)

5.16.450 Taxicab driver permit required.

It is unlawful for any person to drive or operate any vehicles regulated by this chapter without first obtaining a permit in writing so to do from the chief of police of the city. (Ord. 88-05 § 1, 1988)

5.16.460 Application for permit.

Application for taxicab driver permits shall be filed with the chief of police upon forms to be furnished by the city. (Ord. 88-05 § 1, 1988)

5.16.470 Application fee.

Before the chief of police shall accept and process an application for a taxicab driver’s permit, the applicant shall pay an application fee to the director of finance of the city in an amount as may be fixed or established from time to time by resolution of the city council. (Ord. 88-05 § 1, 1988)

5.16.480 Investigation.

Before the chief of police shall issue a taxicab driver’s permit he shall cause an investigation to be made in order to determine the applicant’s qualifications and fitness to be a taxicab driver. (Ord. 88-05 § 1, 1988)

5.16.490 Applicant to be photographed and fingerprinted.

In order that the chief of police may investigate the applicant’s qualifications and fitness to be a taxicab driver, every applicant for a taxicab driver’s permit shall be photographed and fingerprinted. The applicant shall pay a fee to defray the costs of the photography and fingerprinting in an amount as may be fixed or established from time to time by resolution of the city council. (Ord. 88-05 § 1, 1988)

5.16.500 Permits – To whom issued.

A taxicab driver’s permit shall not be issued to any of the following persons:

A. Any person under the age of 18 years;

B. Any person who is not of good moral character to be determined by the chief of police;

C. Any person who has been convicted of a felony (other than a narcotics violation) until the expiration of five years from termination of confinement, parole and/or problem;

D. Any person who has been convicted of driving recklessly or while under the influence of intoxicants until the expiration of five years from termination of confinement and/or probation;

E. Any person not possessing a valid driver’s license issued by the state of California permitting the person to drive a vehicle for hire;

F. Any person convicted of a crime involving moral turpitude regardless of whether his record has been expunged;

G. Any person convicted of trafficking in, unlawful use or driving while under the influence of narcotics, regardless of whether his record has been expunged;

H. Any person required to register as a sex offender pursuant to California Penal Code Section 290 or its successor statute or statutes. (Ord. 88-05 § 1, 1988)

5.16.510 Denial of permit.

Upon completion of his investigation, if the chief of police finds the applicant is not a fit and proper person to be a taxicab driver he shall refuse to issue a taxicab driver’s permit to the applicant. (Ord. 88-05 § 1, 1988)

5.16.520 Revocation, suspension or refusal to renew permit.

The chief of police may revoke, suspend or refuse to issue a new taxicab driver’s permit if the driver or applicant has since the granting of his original permit:

A. Been convicted of a felony or a crime involving moral turpitude; using, possessing, selling or transporting narcotics; or imparting information for obtaining narcotics;

B. Been convicted of driving recklessly or while under the influence of liquor or narcotics;

C. Been convicted of or pleaded guilty or nolo contendre to any act for which his registration as a sex offender is required pursuant to California Penal Code Section 290 or its successor statute or statutes;

D. Had his state driver’s license revoked or suspended;

E. Been convicted of any of the offenses set forth in Sections 20001, 22350, 22351, 23102 and/or 23013 of the Vehicle Code of the State of California and amendments thereto, or any combination of either or any of said offenses;

F. When for any reason, whether specifically set forth herein or not, after due investigation, the chief of police finds that the applicant is an unfit person to drive a taxicab;

G. Charged or received a fare in excess of the rates provided for herein or violated any of the other provisions hereof. (Ord. 88-05 § 1, 1988)

5.16.530 Revocation – Hearing.

Denial of or revocation of a taxi driver’s permit shall be made only after a hearing granted to the holder of such permit before the chief of police, after five days’ notice to the permit holder, setting forth the grounds of complaint against him and stating the time and place where such hearing will be held. Upon revocation of any permit, such permit shall be forthwith surrendered to the chief of police. The decision of the chief of police in revoking the permit shall be final and conclusive. (Ord. 88-05 § 1, 1988)

5.16.540 Decision of chief of police final.

The decision of the chief of police of the city as to the fitness or unfitness of the applicant, either before or after the issuance of a taxicab driver’s permit, shall be final and there shall be no appeal therefrom. (Ord. 88-05 § 1, 1988)

5.16.550 Uniform and general appearance.

A. It is unlawful for any driver to operate or be in charge of any taxicab governed or affected by this chapter to fail to at all times while operating or in charge of such vehicle, to have in his immediate possession the driver’s permit required by this chapter to be secured from the chief of police. It is also unlawful for any driver operating or in charge of any vehicle governed or affected by this chapter to use for the purpose of operating such vehicle a driver’s permit issued to another person.

B. It is unlawful for any driver to operate any taxicab governed or affected by this chapter to fail to wear a uniform of the type approved by the chief of police.

C. All drivers who operate any taxicab governed or affected by this chapter shall keep themselves physically clean and neat appearing at all times while on duty. Any failure to comply with this section shall be unlawful. (Ord. 88-05 § 1, 1988)

5.16.560 Renewal of permit.

Any person who holds a valid taxicab driver’s permit may obtain a new permit for the succeeding year by applying for the new permit during the month preceding the expiration date of the current permit. Cost of the new permit, which shall include the cost of an identification card, shall be an amount as fixed and established from time to time by resolution of the city council. (Ord. 88-05 § 1, 1988)

5.16.570 Failure to obtain new permit.

If the holder of a taxicab driver’s permit fails to renew the permit prior to the expiration date of his current permit his taxicab driver’s permit shall cease to be valid and he must make application for a new taxicab driver’s permit as provided above. (Ord. 88-05 § 1, 1988)

5.16.580 Taxicab drivers – List of taxicab companies.

On or before the first day of January and the first day of June, each year, every person, firm or corporation having a certificate of public convenience and necessity issued by the council of the city entitling such person, firm or corporation to operate taxicabs in the city and who has employed any person or persons as a taxicab driver or drivers shall furnish the chief of police of the city the names of every person employed by such person, firm or corporation as a taxicab driver during the preceding six-month period. (Ord. 88-05 § 1, 1988)