The URL can be used to link to this page

Home My WebLink About1950 ORDINANCE NO. 1950 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 16.37.005, 16.37.010, 16.37.015, 16.37.025 AND 16.37.040 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO REGULATION, PERMITTING REQUIREMENTS, OPERATIONAL RULES, PASSENGER LOADING AND UNLOADING, AND PENALTIES FOR TRANSPORTATION NETWORK COMPANIES OPERATING AT THE PALM SPRINGS INTERNATIONAL AIRPORT. City Attorney's Summary This Ordinance amends Chapter 16.37 of the City's Municipal Code relating to regulation, permitting requirements, operational rules, passenger loading and unloading, and penalties for Transportation Network Companies operating at the Palm Springs International Airport. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. Title 16, Chapter 16.37, Section 16.37.005 of the Palm Springs Municipal Code (PSMC), "Regulatory Measures," is hereby amended by the addition of a new subdivision (c) to read as follows: (c) The City Manager or his/her designee shall have the authority to issue such administrative Rules and Regulations as may prove necessary and appropriate to implement the purpose of this Chapter, i.e., provision for the safe and efficient operation of transportation network companies at the Airport. SECTION 2. Title 16, Chapter 16.37, Section 16.37.005 of the Palm Springs Municipal Code (PSMC), "Regulatory Measures," is hereby amended by the addition of a new subdivision (d) to read as follows: (d) The City Manager or his/her designee shall post signage at the Airport indicating as follows: ADVISORY: Transportation Network Companies like Uber and Lyft are regulated by the California Public Utilities Commission but their Drivers are not Subject to Random Drug and Alcohol Testing SECTION 3. Title 16, Chapter 16.37, Section 16.37.010 of the Palm Springs Municipal Code (PSMC), °TNC Operating Permit," is hereby amended by the replacement of subdivision (c) in its entirety, striking the existing language, and to read as follows: Ordinance No. 1950 Page 2 (c) Each TNC shall comply fully with all California Public Utilities Commission (CPUC) Licensing requirements, including without limitation the CPUC's TNC "zero tolerance intoxicating substance policy," adopted in Decision 13-09-045, Safety Requirement "d," also referenced as CPUC Rulemaking 12-12-011, filed December 20, 2012, issued"on September 23, 2013, as said requirements and policy may be amended or replaced from time to time. SECTION 4. Title 16, Chapter 16.37, Section 16.37.015 of the Palm Springs Municipal Code (PSMC), "Operational Rules," is hereby amended by the addition of a new subdivision (e) to read as follows: (e) TNC Drivers shall comply with all administrative Rules and Regulations issued by the City Manager or his/her designee pursuant to Section 16.37.005(c). SECTION 5. Title 16, Chapter 16.37, Section 16.37.025 of the Palm Springs Municipal Code (PSMC), "Passenger Loading and Unloading," is hereby amended by the replacement of subdivision (a) in its entirety, striking the existing language, and to read as follows: (a) TNC Drivers shall only pick up passengers for hire in a location or area identified and designated as a TNC Pick-up Area in to accordance with a Rule or Regulation issued by the City Manager or his/her designee pursuant to Section 16.37.005(c). Notice unlike taxis and limo drivers, ridesharing drivers are not subject to drug and alcohol testing. SECTION 6. Title 16, Chapter 16.37, Section 16.37.025 of the Palm Springs Municipal Code (PSMC), "Passenger Loading and Unloading," is hereby amended by the insertion of a new subdivision (b) to read as follows: (b) Any administrative Rule and Regulation changing the location of the TNC Pick- up Area shall only be effective upon City Council approval. SECTION 7. Title 16, Chapter 16.37, Section 16.37.040 of the Palm Springs Municipal Code (PSMC), "Penalties," is hereby amended in its entirety, striking the existing language, and to read as follows: The penalties for TNC Drivers determined by the City Manager or his/her designee to be in violation of this Chapter or of any Rules and Regulations shall be as follows: (a) Unsafe Vehicle. The City Manager or his/her designee shall suspend the privileges, including without limitation the right to pick up or discharge passengers at the Airport, of any TNC Driver contacted by the City Manager or his/her designee, and determined to be driving a vehicle not in good operating condition. Ordinance No. 1950 Page 3 (b) Minor Violations. Minor violations, including but not limited to violations of Section 16.37.020(a), Section 16.37.020(b), and Section 16.37.025(a), shall be subject to issuance of an administrative citation pursuant to Chapter 1.06 of this Code. (c) Major Violations. Major violations, including, but not limited to inducing or attempting to induce another to violate any provision of this Chapter or any of the Rules and Regulations, failure to obey a lawful order of the City Manager or his/her designee, any violation of Section 16.37.020(d), failure to comply with the applicable provisions of the Passenger Bill of Rights, shall be subject to issuance of an administrative citations pursuant to Chapter 1.06 of this Code, except that the amount of any fine thereof shall be two (2) times the amount specified in Section 1.06.040 of this Code. (d) Violations of State Law. Any violation by a TNC Driver at the Airport of a provision of State law codified in the California Penal Code or the California Vehicle Code, and subject to enforcement by the Police Department, which violation represents a clear and present danger to the health, safety and welfare of persons at the Airport, including without limitation, any crime involving any degree of physical violence, reckless driving in violation of CVC 23103, reckless driving involving alcohol or drugs in violation of CVC 23103.5, driving under the influence of alcohol and/or drugs in violation of CVC 23152 or 23153, shall be punishable, in addition to any penalty, fine, or punishment authorized or allowed under any law, by an administrative citation with a penalty of permanent revocation of the privileges, including without limitation the right to pick up or discharge passengers at the Airport, of any TNC Driver. SECTION 8. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 9. Neither introduction nor adoption of this Ordinance represents a "project' for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378, because this Ordinance is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per section 15378(b)(5) of the Guidelines. SECTION 10. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. Ordinance No. 1950 Page 4 PASSED, APPROVED AND AND ADOPTED THIS 7T" DAY OF FEBRUARY, 2018. 1 ROBERT MOON, MAYOR ATTEST: NTHONY C City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1950 is a full, true, and correct copy, and introduced by the City Council at a regular meeting held on Wednesday the 24TH day of January, 2018, and adopted at a regular meeting of the City Council held on the 7t' day of February, 2018, by the following vote: AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tem Roberts, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 1 2� day of ANTHONY J/MEJTATMMC City Clerk