CHAPTER 5
FOR HIRE MOTOR VEHICLES
ARTICLE 1. DEFINITIONS AND CONSTRUCTIONS
SECTION:
§2502: Council Or City Council Defined
§2503: Street Or Highway Defined
§2508: Traffic Authority Defined
§2509: Automobile For Hire Defined
§2511: Sightseeing Automobile Defined
§2514.05: Ownership Or Financial Interest Defined
§2515: Reference To Law Includes Amendments
§2517: Headings No Part Of Chapter
§2518: Power May Be Exercised By Deputy
§2500 GENERAL
For the purposes of this Chapter, the following terms shall have the meanings here given to them. (Ord. 395, Art. 1, adopted 1947)
§2501 TITLE
This Chapter shall be known as the MOTOR VEHICLE ORDINANCE of the City, and may be referred to as such. (Ord. 395, §1.01, adopted 1947)
§2502 COUNCIL OR CITY COUNCIL DEFINED
"Council" or "City Council" shall mean the City Council of the City of Ukiah, California. (Ord. 395, §1.02, adopted 1947)
§2503 STREET OR HIGHWAY DEFINED
"Street" or "highway" shall mean anyplace commonly used for the purpose of public travel. (Ord. 395, §1.03, adopted 1947)
§2504 DRIVER DEFINED
"Driver" shall mean and include every person in charge of driving or operating any passenger-carrying or motor-propelled vehicle as herein defined, either as agent, employee, owner or otherwise. (Ord. 395, §1.04, adopted 1947)
§2505 OWNER DEFINED
"Owner" shall mean and include every person, firm or corporation owning or controlling the operation of any passenger-carrying or motor-propelled vehicle herein described. (Ord. 395, §1.05, adopted 1947)
§2506 TAXIMETER DEFINED
"Taximeter" shall mean a mechanical instrument or device by which the charge for hire or a passenger-carrying vehicle is mechanically regulated either for distance traveled or for setting time, or for both, and upon which such charges shall be indicated by means of figures. (Ord. 395, §1.06, adopted 1947)
§2507 STREET STAND DEFINED
"Street stand" shall mean such portion of a street designated by either City Council or by the Traffic Authority for the use, while awaiting employment or hiring, of any passenger-carrying or motor-propelled vehicle as herein defined. (Ord. 395, §1.07, adopted 1947)
§2508 TRAFFIC AUTHORITY DEFINED
"Traffic authority" shall mean the Chief of Police of the City of Ukiah. (Ord. 395, §1.08, adopted 1947)
§2509 AUTOMOBILE FOR HIRE DEFINED
"Automobile for hire" shall mean and include every automobile or motor-propelled vehicle of private ownership, not equipped with a taximeter, used for the transportation of passengers over public streets of the City and not over a defined route, irrespective of whether such operations extend beyond the boundary limits of the City, charging rates per mile, per trip, per hour, per day, per week, per month, such vehicles being routed under the direction of such passenger or passengers, or of such person or persons hiring same. (Ord. 395, §1.09, adopted 1947)
§2510 TAXICAB DEFINED
"Taxicab" shall mean and include every automobile or motor-propelled vehicle designed for carrying eight (8) or fewer passengers by means of which passengers are transported for compensation upon public streets of the City, and not over a regular or defined route, where the charge for such transportation is based on time, mileage, zones or some combination thereof, and such vehicle is routed under the direction of such passenger or passengers or of a person or persons hiring the vehicle for these purposes. Taxicab does not include limousines licensed or permitted by the Public Utilities Commission. (Ord. 395, §1.10, adopted 1947; amd. by Ord. 934, §1, adopted 1993)
§2511 SIGHTSEEING AUTOMOBILE DEFINED
"Sightseeing automobile" shall mean and include every automobile or motor-propelled vehicle used for the transportation of passengers over the public streets of the City, and not necessarily over a defined route, irrespective of whether such operations extend beyond the boundary limits of the City, for the purpose of sightseeing, or seeing points of interest, and charging a fee or compensation therefor, or any motor vehicle used for the purpose of conveying persons to points within or outside said City, to show or exhibit either lands, houses or property, for the purpose of effecting a sale thereof, and regardless of whether any fee, compensation or consideration is paid for such transportation. (Ord. 395, §1.11, adopted 1947)
§2512 PERSONS DEFINED
"Persons", unless otherwise specifically provided in this Chapter, shall include and shall be held and construed to mean any person, firm, partnership, association, corporation, company, syndicate, estate, trust, business trust or organization of any kind, whether acting by themselves, or by servant, agent or employee; the singular number shall include the plural and plural the singular; the masculine shall include the feminine and neuter. The term "person" shall not include the Federal or State governments or any of their agencies, departments or political subdivisions. (Ord. 395, §1.12, adopted 1947; amd. by Ord. 934, §1, adopted 1993)
§2513 VEHICLE DEFINED
"Vehicle" shall be defined as every device in, upon or by which any person or property is or may be transported or drawn upon a public street, excepting a device used exclusively upon stationary rails or tracks. A "trailer" shall be treated as a separate vehicle. (Ord. 395, §1.17, adopted 1947)
§2514 WILDCATTING DEFINED
"Wildcatting" shall mean and refer to the practice of vehicles not licensed by the City as herein provided, who travel along the streets in the City at a slow rate of speed and pick up fares or passengers for hire. (Ord. 395, §1.18, adopted 1947)
§2514.05 OWNERSHIP OR FINANCIAL INTEREST DEFINED
"Ownership or financial interest" means ownership of an equity interest in the business applying for a permit under this Chapter, with or without a right of control over the day-to-day business operations, including but not limited to sole proprietors, general and limited partners, stockholders, beneficiaries or trustees, but excluding equity interests owned by one person of less that ten percent (10%) when there are more than ten (10) persons who own interests in the business; or a right to regular or irregular payments from the business arising from contract or by operation of law which payments exceed ten percent (10%) of the annual gross receipts of the business. (Ord. 934, §1, adopted 1993)
§2515 REFERENCE TO LAW INCLUDES AMENDMENTS
Whenever any reference is made to any portion of this Chapter, or to any other law or laws, the reference shall apply to all amendments and additions thereto now or hereafter made. The present tense includes the past and future tenses, and the future the present. (Ord. 395, §1.13, adopted 1947)
§2516 CITY DEFINED
"City" shall refer to the incorporated limits of the City of Ukiah, County of Mendocino, State of California. (Ord. 395, §1.14, adopted 1947)
§2517 HEADINGS NO PART OF CHAPTER
Article headings, sections and subdivisions shall not in any manner affect the scope, meaning or intent of the provisions of this Chapter. (Ord. 395, §1.15, adopted 1947)
§2518 POWER MAY BE EXERCISED BY DEPUTY
Whenever a power is granted to, or a duty imposed upon any person by any provision of this Chapter, it may be exercised or performed by any deputy or person authorized by him unless it is expressly provided that it shall be exercised in person. (Ord. 395, §1.16, adopted 1947)