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Home My WebLink About9/15/2004 - STAFF REPORTS (26) DATE: September 15, 2004 TO: City Council FROM: Director of Strategic Planning CASE NO. 5.1016 — AMENDMENT TO MUNICIPAL CODE CHAPTER 5.40.321 REGARDING TAXICAB SIGNS TO CHANGE THE COLOR OF EMERGENCY DISPLAY LIGHTS FROM RED TO GREEN OR OTHER APPROVED COLOR. RECOMMENDATION That the City Council approve an amendment to Chapter 5.40,321 of the Municipal Code to change the emergency display lights from red to green or other approve color. SUMMARY Subsequent to the City Council's approval on July 21, 2004 of amendments to Chapter 5.40 of the Municipal Code allowing taxicab signs, it was discovered that state law prohibits red lights on vehicles, other than emergency vehicles. This minor amendment is being brought forward to correct the provisions regarding emergency display lights by substituting another approved color, other than red. This minor amendment does not affect the regulatory intent of the previously approved ordinance regulating taxicab signs. (,�Flf-)( - �� Director oft51rategic Planning City Manager ATTACHMENTS 1. Legislative Draft 2. Ordinance Chapter 5.40.321 —Permitted Signs-Taxicabs Legislative Draft—Page 1 CHAPTER 5.40 PASSENGER CARRIERS 9/3/04 LEGISLATIVE DRAFTO 5.40.321 Permitted signs—Taxicabs. I. Signs and markings on vehicles. All taxicabs operated under the provisions of this article, when situated or operated upon the streets of the city, shall have a sign attached to or printed upon such vehicle reading "Taxi" or "Cab," and if desired such signs as may designate the trade name under which such vehicle is operated; provided, however, that it shall be unlawful for the operator of any such vehicle for hire operated under the provisions of this article to permit any other signs, either painted or attached to such vehicle, to be displayed thereon except as permitted or required by this article. 2. Advertising material permitted on certain vehicles. The operators of taxicabs shall be permitted to display advertising material on taxicabs and make a charge for such space, provided that such advertising matter shall be displayed only by one(1) of the following methods: a. In the rear window of such taxicab. i. All rear window advertising shall be digital output graphic printed on high performance perforated vinyl and shall not exceed the size of the existing rear window. ii. Rear window advertising shall not interfere with the vision of the driver operating the vehicle. b. In an A-shape frame or holder on the roof of such taxicab which may be illuminated to display the advertising material contained herein. Such frame or holder and any permanent sign contained therein shall be noise-free and shall not protrude over the front or back edges of the taxicab roofline which is the point where the roof, windshield and rear windows or the vehicle are joined. i. If an ad carrier replaces the top light of a taxicab, the ad carrier shall have two (2) anher cheater lights that illuminate when the taximeter is turned on. ii. The name of the taxi company shall be printed in letters at least 2"in size on both ends of the ad carrier. iii. The ad carriers shall illuminate when the headlights are turned on. iv. Signs which have changing messages, rotate, move, flash, reflect, blink, or appear to do any of the foregoing shall be prohibited. V. An emergency display light (bandit light) shall be installed on the ad carrier and shall illuminate red green in color so as not to confuse it as a meter light. vi. The ad carrier shall not exceed 56" in length, 19" in width, and 17" in height extending from the roof of the taxi. vii. The ad carriers' base moumt shall be attached by bolts or rivets securing the ad carrier, preventing the ad carrier from becoming dislodged. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE MUNICIPAL CODE IN REGARD TO CHAPTER 5.40.321 SO AS TO CHANGE THE COLOR OF EMERGENCY DISPLAY LIGHTS FROM RED TO GREEN OR OTHER APPROVED COLOR. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 5.40 of the Municipal Code is amended to read as follows: 5.40.321 Permitted signs —Taxicabs. 1. Signs and markings on vehicles. All taxicabs operated under the provisions of this article, when situated or operated upon the streets of the city, shall have a sign attached to or printed upon such vehicle reading "Taxi" or "Cab," and if desired such signs as may designate the trade name under which such vehicle is operated; provided, however, that it shall be unlawful for the operator of any such vehicle for hire operated under the provisions of this article to permit any other signs, either painted or attached to such vehicle, to be displayed thereon except as permitted or required by this article. 2. Advertising material permitted on certain vehicles. The operators of taxicabs shall be permitted to display advertising material on taxicabs and make a charge for such space, provided that such advertising matter shall be displayed only by one (1) of the following methods: a. In the rear window of such taxicab. i. All rear window advertising shall be digital output graphic printed on high performance perforated vinyl and shall not exceed the size of the existing rear window. ii. Rear window advertising shall not interfere with the vision of the driver operating the vehicle. b. In an A-shape frame or holder on the roof of such taxicab which may be illuminated to display the advertising material contained herein. Such frame or holder and any permanent sign contained therein shall be noise-free and shall not protrude over the front or back edges of the taxicab roofline which is the point where the roof, windshield and rear windows or the vehicle are joined. I. If an ad carrier replaces the top light of a taxicab, the ad carrier shall have two (2) amber cheater lights that illuminate when the taximeter is turned on. ii. The name of the taxi company shall be printed in letters at least 2" in size on both ends of the ad carrier. iii. The ad carriers shall illuminate when the headlights are turned on. iv. Signs which have changing messages, rotate, move, flash, reflect, blink, or appear to do any of the foregoing shall be prohibited. V. An emergency display light (bandit light) shall be installed on the ad carrier and shall illuminate green in color so as not to confuse it as a meter light. vi. The ad carrier shall not exceed 56" in length, 19" in width, and 17" in height extending from the roof of the taxi. vii. The ad carriers' base mount shall be attached by bolts or rivets securing the ad carrier, preventing the ad carrier from becoming dislodged. viii. Ad carriers may use either a fluorescent light or incandescent lamp. ix. The ad poster shall be a digital output graphic on translucent vinyl. X. The cover of the ad carrier shall be made of the industry standard plastic as used in taxi top lights. 3. Taxi signs may become subject to any franchise or other subsequently adopted ordinance that is applicable, including any new fees. 4. Compliance With Section — Nuisance —Abatement. a. Upon discovering the existence of a taxicab sign that does not comply with the above stated limitations, the Building and Safety Manager shall have the authority to order the immediate abatement and removal thereof. The Building and Safety Manager shall notify the owner thereof, or the owner's representative, in person or by mailing an abatement notice to the owner's last known address. Such notice shall state the time limit, if any, granted for removal of the sign and a statement that the owner may request a hearing to appeal the abatement and removal by submitting a written request. b. Any hearing to appeal an abatement order which is requested shall be conducted within thirty (30) days of the receipt of the request by the Administrative Appeals Board. The failure of the either the owner or his agent to request a hearing shall waive the right to a hearing. At the hearing, the Administrative Appeals Board shall determine whether good cause was shown for the abatement of the sign. The written decision of the Administrative Appeals Board shall be deemed the final administrative determination. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered to and directed to certify to the passage of this Ordinance, and to cause the same or summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED THIS day of 2004. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk Mayor REVIEWED & APPROVED AS TO FORM: