CHAPTER 5
FOR HIRE MOTOR VEHICLES
ARTICLE 2. VEHICLE PERMITS AND LICENSES REQUIRED; APPLICATION AND ISSUANCE
SECTION:
§2530: Permit For Vehicle Required
§2531: Application And Fee Required
§2532: Contents Of Application
§2533: Issuance Or Denial Of Permit
§2535: Suspension And Revocation Of Permit
§2530 PERMIT FOR VEHICLE REQUIRED
It shall be unlawful for any person, to operate or cause to be operated any of the vehicles defined in Article 1 of this Chapter within the City without first having obtained a permit in accordance with the provisions of this Chapter, and without complying with the provisions in this Chapter. It shall not constitute a violation of this Chapter for any person to operate without a permit issued pursuant to this Chapter a passenger transportation service (other than a taxicab service) that is not conducted exclusively within the City’s corporate limits, if that vehicle is licensed or permitted by the Public Utilities Commission or is exempt from licensure under the provisions of Public Utilities Code section 5353 (b) – (f) and (h) – (m). (Ord. 395, §2.01, adopted 1947; amd. by Ord. 934, §1, adopted 1993)
§2531 APPLICATION AND FEE REQUIRED
Any person desiring to obtain the permit required by §2530 of this Chapter shall make a written application therefor to the Director of Public Safety accompanied by a fee established, from time to time, by resolution of the City Council. (Ord. 395, §2.02, adopted 1947; amd. by Ord. 934, §1, adopted 1993)
§2532 CONTENTS OF APPLICATION
The application referred to in §2531 hereof shall be in the form and contain the information required by resolution adopted, from time to time, by the City Council. (Ord. 395, §2.03, adopted 1947; amd. by Ord. 934, §1, adopted 1993)
§2533 ISSUANCE OR DENIAL OF PERMIT
A. Time Limit for Approval: Within thirty (30) days of receiving a completed application and all of the information required to be submitted along with the application, the Director of Public Safety or his or her designee shall issue a permit as required by this Chapter. The Director shall have no obligation to act on the application until the applicant has submitted all required information.
B. Grounds for Denial: The Director of Public Safety shall deny the application, if he or she finds any of the following:
1. Within five (5) years of the date of application, the applicant, any person with an ownership or financial interest in the applicant, or any listed driver has been convicted by any State or Federal court of a crime (whether designated a felony, misdemeanor or infraction) involving serious or persistent and improper operation or maintenance of a motor vehicle, violence or the threatened use of violence or force, dishonesty, theft, destruction of property, pandering, sexual misconduct or the use, sale or possession of alcohol or controlled substances;
2. Any vehicle listed in the application has not been inspected and currently approved by the Ukiah Police Department or its designee as complying with all requirements of the California Vehicle Code and any additional standards adopted by resolution of the City Council;
3. The application does not include satisfactory proof of insurance complying with insurance requirements adopted, from time to time, by resolution of the City Council;
4. Within five (5) years of the date of application, the City or another jurisdiction has revoked a permit required by this Chapter or a similar permit issued to the applicant or any person with an ownership or financial interest in the applicant;
5. Within five (5) years of the date of application, a State or Federal court judgment has been rendered against the applicant, any person with an ownership or financial interest in the applicant or any driver included on the application rendering that person liable in money damages for personal injury or property damage (other than a solely vicarious or strict liability) or restraining any of them from acts of personal harassment, assault or battery; or
6. The Director of Public Safety has received information that the applicant or any person with an ownership or financial interest in the applicant has engaged in business practices which would pose a substantial risk of harm to the public, if repeated in the operation of for hire vehicles, taxicabs or sightseeing automobiles.
C. Procedure, If Permit Denied: If the Director of Public Safety denies the application, he or she shall state the grounds for denial and the evidence supporting the denial in a written decision. The decision shall describe the applicant’s right to appeal under §2534. The Director of Public Safety shall personally deliver or mail by first class mail to the address shown on the application the decision denying the application. The decision shall be deemed delivered when personally delivered or deposited in the United States mail.
D. Procedure If Permit Granted: If a permit is issued, the following shall apply:
1. City Business License Required: The permit shall not issue and the applicant shall not engage in the business described in the application, until he or she obtains a Ukiah business license pursuant to Division 2, Chapter 1 of this Code and pays the license tax imposed by said Chapter;
2. Form of Permit; Expiration: The permit shall be in a form prescribed by resolution adopted, from time to time, by the City Council and for a term expiring on the January 15 not sooner than six (6) months from the date of issuance at which time the permit shall expire. The expiration date shall appear on the permit. The permittee can renew the permit by filing an application in accordance with this Section;
3. Procedure to Transfer Permit: The permit shall be issued exclusively to the applicant and those having an ownership or financial interest in the applicant at the time that the permit is issued. The permit may not be transferred or the ownership or financial interests in the applicant change without the prior written approval of the Director of Public Safety. To obtain approval for a change of ownership or transfer of the permit the new owner or proposed transferee must file an application in accordance with this Section.
4. Vehicle License Tags: At the same time that the Director of Public Safety issues the permit he or she shall issue vehicle tags for each vehicle approved under the permit. The tags shall be in a form and made of materials as the City Council may prescribe by resolution adopted, from time to time. It is unlawful and constitutes a violation of this Chapter to operate a vehicle for hire, taxicab or sightseeing vehicle without a tag property affixed thereto as required by this subsection.
5. Substitution or Addition of Vehicles: Any holder of a permit who wants to substitute vehicles for or add vehicles to those operated under the permit, may submit an application to substitute or add vehicles in accordance with the requirements of this Section. No such vehicle shall be operated under the permit, until a new revised permit has been issued covering such vehicle. (Ord. 395, §20.04, adopted 1947; amd. by Ord. 934, §1, adopted 1993)
§2534 APPEALS
Upon the payment of a fee established, from time to time, by resolution of the City Council, any interested party may appeal, to the Hearing Officer, a decision by the Director of Public Safety or his or her designee granting or denying an application for a permit under this chapter. The appeal must be filed with the Director of Public Safety within ten (10) days of the date the permit or decision is delivered to the applicant. The Hearing Officer shall hear the appeal not sooner than ten (10) days from the date the appeal is filed. Notice of the hearing date, time and location shall be mailed to the appellant and the applicant at least five (5) days prior to the hearing. The Hearing Officer shall consider all evidence or argument presented at the hearing by any interested party and may grant or deny the application or impose such conditions on the issuance thereof as he or she deems appropriate and necessary to protect the public health, safety and welfare. The Hearing Officer shall personally deliver to the appellant and applicant or mail by first class mail to the address contained in the appeal a copy of his or her written decision. The decision shall be deemed delivered when personally served or when deposited in the United States mail with proper postage and address affixed thereto. The Hearing Officer’s decision shall be deemed a final decision for the City. (Ord. 395, §2.05, adopted 1947; amd. by Ord. 934, §1, adopted 1993; Ord. 1169, §2, adopted 2016)
§2535 SUSPENSION AND REVOCATION OF PERMIT
A. Immediate Suspension: The Director of Public Safety may immediately suspend a permit issued under this chapter, whenever he or she determines that the applicant cannot furnish satisfactory evidence of insurance as required by subsection 2533A3 of this code, fails to provide an annual certificate that the vehicle included on the permit has been inspected and approved by the Ukiah Police Department or its designee, or has operated a permitted vehicle in a manner that does not comply with safety requirements imposed by this chapter or the California Vehicle Code. Any suspension under this subsection shall take effect immediately upon its issuance and shall remain in effect until the applicant provides such proof to the Director of Public Safety.
1. Immediately upon its issuance, the Director of Public Safety shall personally serve or mail by first class mail to the applicant a copy of the suspension decision which shall be deemed served when personally delivered to the applicant or deposited in the United States mail addressed to the applicant at his or her official address on file with the Director of Public Safety. It shall be unlawful and constitute a violation of this chapter for any permittee to operate a vehicle requiring a permit under this chapter during any period of time when a permit suspension is in effect.
2. A permittee may appeal a decision to suspend his or her permit in accordance with the procedure contained in section 2534 of this code.
B. Grounds for Suspension or Revocation: The Director of Public Safety may suspend or revoke a permit for any of the following reasons:
1. Any misrepresentation or nondisclosure of a material fact by the applicant when applying for a permit;
2. Any of the reasons for denying a permit as set forth in section 2533 of this code;
3. Any violation of this chapter or a condition imposed upon the issuance of a permit under this chapter; or
4. Any act in the operation of the business which poses a danger to the public health, safety or welfare.
C. Service of Notice: The Director of Public Safety shall provide a permittee notice of his or her decision to suspend or revoke a permit under subsection B of this section, including the grounds therefor and the facts supporting the decision, by arranging for personal service of the notice or by mailing the notice to the permittee at the address on file with the Director of Public Safety. The decision shall be deemed served when personally served or deposited in the United States mail. The decision shall become effective ten (10) days after it is served, unless the permittee files an appeal. Within ten (10) days of the service of the decision suspending or revoking the permit, the permittee may appeal the decision in accordance with the procedure contained in section 2534 of this code. After hearing the appeal, the Hearing Officer may revoke the permit, reinstate the permit, suspend the permit or impose conditions on the permit as he or she deems necessary and appropriate to protect the public health, safety and welfare. (Ord. 359, §2.06, adopted 1947; amd. by Ord. 934, §1, adopted 1993; Ord. 1169, §2, adopted 2016)
§2536 through 2546 (Repealed) (Ord. 395, §§2.07 – 2.13, 2.15, 2.16, adopted 1947; amd. by Ord. 790, §1, adopted 1982; rep. by Ord. 934, §1, adopted 1993)