HomeMy WebLinkAboutORD 05 (1997)ORDINANCE NO. 05 (1997)
AN ORDINANCE OF THE CITY OF DIAMOND BAR RELATING TO THE
REGULATION OF TAXICABS AND TAXICAB DRIVERS
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDAINS AS FOLLOWS:
Section 1. Subsection 5.128.020(d) of Division 1 of Chapter 5.128 of the
Diamond Bar Municipal Code is amended to read as follows:
"(d) Driver's permits, vehicle permits and licenses; duration. Driver's permits and
licenses issued to automobiles for hire or taxicabs shall be valid for one year from the
date of issuance, and all three may be renewed on an annual basis by the city clerk, unless
either the licensee or driver's permit is revoked by the city council. Renewal of a driver's
permit will only be granted upon compliance with the controlled substance and alcohol
testing certification program in paragraph (5) of subsection 5.128.040(a)."
Section.a. Paragraph (8) of Subsection 5.128.030(1)(8) of Division 1 of Chapter
5.128 of the Diamond Bar Municipal Code is amended to read as follows:
"(8) Taxicab drivers; license preconditions. A taxicab licensee shall not permit
any person to operate a taxicab authorized under his or her taxicab license unless such
person has in his or her possession a valid driver's license issued by the State of
California Department of Motor Vehicles and a current taxicab driver's permit in
accordance with the provisions of this chapter. A licensee must notify the City
immediately upon termination of employment of a permitted taxicab driver, and upon
termination, the driver's permit will become void."
Section 3. Subsection 5.128.040(a) of Division 1 of Chapter 5.128 of the
Diamond Bar Municipal Code is amended to read as follows:
"(a) Application information. Every application for a driver's permit shall be
signed by the applicant and shall contain the following information:
"(1) A photograph and the fingerprints of the applicant;
"(2) Proof of current valid California driver's license;
"(3) Proof that the applicant is at least 18 years of age;
"(4) Written documentation from a licensed automobile for hire or taxicab
licensee that the applicant will be hired or is employed as a driver upon
issuance of a driver's permit and upon driver's certification under the
controlled substance and alcohol testing certification program in paragraph
(S) of this subsection 5.128.040(a).
"(5) Evidence of compliance with a controlled substance and alcohol testing
certification program. The certification program, and compliance with it,
must meet the following requirements:
"a. Prior to employment, the applicant must test negative for each of the
controlled substances specified in Part 40 (commencing with Section 40.1)
of Title 49 of the Code of Federal Regulations. (For purposes of this
paragraph (S), "employment" includes self-employment as an independent
driver.) As a condition of renewal of a permit, the driver must test negative
for these controlled substances and for alcohol. As used in this
subparagraph, a negative test for alcohol means an alcohol screening test
showing a breath alcohol concentration of less than 0.02 percent.
"b. Procedures of the certification program must be substantially as in Part 40
(commencing with Section 40.1) of Title 49 of the Code of Federal
Regulations, except that the driver must show a valid California driver's
license at the time and place of testing. Requirements for rehabilitation
and for return -to -duty and follow-up testing and other requirements must
be substantially as in Part 382 (commencing with Section 382.101) of
Title 49 of the Code of Federal Regulations.
"c. A test conducted in another California jurisdiction will be accepted as
meeting the testing requirement of the City of Diamond Bar. Any
negative test result will be accepted for one year as meeting a requirement
for periodic permit renewal testing in the City if the driver has not tested
positive subsequent to a negative result. However, an earlier negative
result will not be accepted as meeting the pre-employment testing
requirement for any subsequent employment, or any testing requirements
under the program other than periodic testing.
"d. Upon request by a driver applying for a permit, the City will give the
driver a list of the consortia certified pursuant to Park 382 (commencing
with Section 382.101) of Title 49 of the Code of Federal Regulations that
are known to offer tests in or near the City.
"e, If the licensee is an employer, and the applicant for a driver's permit is an
employee or prospective employee of the licensee, then the following
additional requirements are applicable:
- "(i) The test results must be reported directly to the licensee which
employs or is the prospective employer of the applicant for a driver's
permit. The licensee is required to notify the City of the positive results of
any employee, or prospective employee, who is applying for a driver's
permit or who is seeking to renew a driver's permit.
"(ii) The licensee is responsible for compliance with, and must pay
all costs of, this program with respect to their employees and prospective
employees, except that a licensee may require employees who test positive
to pay the costs of rehabilitation and of return -to -duty and follow-up
testing.
"f. In the case of a self-employed independent driver, the following additional
requirements are applicable:
"(i) Self-employed independent drivers are responsible for
compliance with, and must pay all costs of, this program with regard to
themselves.
"(ii) The test results must be reported directly to the City, and the
City must then notify the taxicab leasing company of record, if any, of
positive results.
"g. All test results are confidential and may not be released without the
consent of the applicant, except as authorized or required by law.
"h. No evidence derived from a positive test result pursuant to the program
will be admissible in a criminal prosecution concerning unlawful
possession, sale, or distribution of controlled substances.
"i. The City, by resolution, may levy service charges, fees, or assessments in
an amount sufficient to pay for the costs of implementing and
administering the procedures specified in this paragraph 5, which are
mandated by California Government Code Section 53075.5."
Section 4.: Subsection 5.128.040(h) of Division 1 of Chapter 5.128 of the
Diamond Bar municipal Code is amended to read as follows:
" (h) Permit issuance, Posting and termination.
"(I Upon approval of an application, the city clerk shall issue a driver's permit
to the applicant. The permit will include the name of the employer.
"(2) Every driver, while in charge of, or driving an automobile for hire or
taxicab, shall have in his or her possession a valid and current driver's
permit issued by the city clerk and a valid driver's license issued by the
California Department of Motor Vehicles. The driver shall post the
driver's permit in a permanent fixture in prominent view of passengers in
the automobile for hire or taxicab.
"(3) Upon termination of a driver's employment, the driver's permit becomes
void, and the driver must return the permit to the City."
PASSED, APPROVED and ADOPTED this 19th
ATTEST:
CI' Y CLEPX
day of August 1997.
. .. _.........
MAYO
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City of
Diamond Bar held on the 5th day of August 1997 and was finally passed at a regular meeting
of the City Council of the City of Diamond Bar held on the 19th day of Aiigus t
1997, by the following vote:
AYES: COUNCIL MEMBERS: Ansar 1, Harriony, Werner,
MPT/Herrera, "ii H
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: PTone
ABSTAINED: COUNCIL MEMBERS: tone
Lynda; 1312gess, City Cl&k
City of Diwniond Bar
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