HomeMy WebLinkAbout5/19/2004 - STAFF REPORTS (22) DATE: May 19, 2004
TO: City Council
FROM: Director of Planning and Zoning
AMENDMENT TO MUNICIPAL CODE CHAPTER 5.40 TO ALLOW ADVERTISING
MATERIAL ON TAXICABS.
RECOMMENDATION
That the City Council approve an amendment to the Municipal Code Chapter 5.40 to
allow advertising material on taxicabs.
BACKGROUND
The City Council received a request from the Coachella Valley Taxi Owners Association
to allow advertising on taxicabs in the form of roof-mounted signs and rear window
signs. The reason for the request is to provide an additional source of revenue for
taxicab companies that operate from Palm Springs. The applicant has indicated that the
prohibition of advertising on taxicabs has placed a financial burden on taxicab
companies.
The attached ordinance will allow advertising to be placed on the roof of a taxicab in an
illuminated A-frame holder, subject to meeting several provisions. Rear window
advertising is also proposed in the ordinance and would not be permitted to exceed the
size of the existing rear window. Staff recommends that rear window advertising either
be prohibited or limited to the restrictions that have been placed. No permits are
proposed to be issued for the taxicab signs. The ordinance allows taxicab owners to
place signs on their taxicabs as along as they comply with the provisions of the
ordinance. However, signs and taxi operations will be subject to future regulations or
fees should a franchise or other ordinance be subsequently adopted.
The draft ordinance was forwarded to the Coachella Valley Taxi Owners Association and
the Planning Directors of the Coachella Valley cities for their review and comment. Any
comments received will be provided to the City Council.
1.
J� ,
Director of larinIng and Zoning
City Manager I
ATTACHMENTS
1. Legislative Draft
2. Draft Ordinance
Section 93.20.00—Taxicab Signage
Legislative Draft—Page 1
CHAPTER 5.40 PASSENGER CARRIERS
5/5/04
LEGISLATIVE DRAFT#2
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 lure 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 tinned on.
iv. Signs which have changing messages, rotate, move, flash, reflect, blink, or appear to do any
of the foregoing shall be prohibited.
V. If a bandit light is installed on the ad carrier it shall Illuminate red in colour so as not to
confuse it as a meter light.
vi. The ad carrier shall not exceed 54" in length, 17" in width, and 15"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.
a / &)L
Section 93.20.00-Taxicab Signage
Legislative Draft—Page 2
viii. Ad carriers may use either a fluorescent light or candescent light bulb.
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. Standard uniform contract required. A standard contract shall be used by the taxi industry to
be used when selling advertising to the public.
a. Each contract shall be munbered in sequence with one copy being available to the City.
b. This contract shall have a space provided to include a City Franchise Fee or license fee (if
adopted)to be paid to the City for enforcement of this section.
C. All contracts shall be signed by an official of the Coachella Valley Taxiowners Association to
insure the contract is in accordance with all City ordinances and that the City Franchise Fee or license fee
(if adopted)is paid in a timely manner to the City.
d. 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 five
(5) working days of the receipt of the request by the city manager, who should be designated as the
hearing officer; the city manager may appoint a designee to act as hearing officer. 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
hearing officer shall determine whether good cause was shown for the abatement of the sign. The written
decision of the hearing officer shall be deemed the final administrative determination.
Ok1/73
FROM :MK&.P-PS FAX NO. :7603228979 May. 11 2004 10:08AM P2
LAW OFFICIES OF
MIDDLEBROOK, KAISER & POPKA
901 EASTTAHQUITZ CANYON WAY,Sle,101
CiRE@ C.MIDDLCpROOK PALM 9PRINCIS,CALIFORNIA 82202 SAN RFRNARDINO OFF'IOE
MICHARL R.KAISER Ann N.ARROW HFAb AVE,9TF 200
DENNISG POPIS.A SAN RFHNARDINO, CA FF402
IErr M YOBF F.RNAGII Telphone 760)222-0906
TOU lmlle.Q6b)aP-A979OFNNIe R H E-Mail.nwneann%mkp-law
cem
'I elepMenn. (Ana 800-5_767•IFNN
NANCY MENZIES VAF59FN
PREY A,MI
RnoomllM 190A 99ti'Y3P0
�HANNONN 3uRFR
May 11, 2004 7NJ
Via.Facsimile(949) 223WLILY & (760) 323-8207
David Aleshire, Esq.
Aleshire &Wynder, LLTI
18881 Von Ka-ianti,,Avenue, Suite 400
Trvine, Ca 92612
Dear Mr. A.leshire:
Upon further review of the legislative draft of the proposed amendameut to the Palen Springs
Municipal Code relating to taxi cab signs, 1 noticed that paragraph 2 provides that the "advertrei.ug
matter sball be displayed only by one (1) of the following methods:". The program that leas been set
up by the Coachella Valley Taxi Owners Association calls for the display of advertisetnerit on
BOTH the.rear window and the roof. Advertisement in both manners is desired by the advertisers
because it makes the advertisement visible from all three directions, There does not appear to be
any detriment caused by perur ittiug advertisement on both the rear window faa.d the roof and we
would ask that you recolhsider this section of the legislative draft and amend it so tbat it permits
advertising both,on the roof and the rear window of any single cah.
Yours very truly,
MIDDLEBROOK, KAISER & POPKA
(f4 ICHAEL R. KAISER
MRK/kt
cc: Sergio SEII
Coachella Valley Taxi Owners Association
u
FROM :MK&P-PS FAX NO. :7603228979 May. 10 2004 02:01PM P2
LAW OFFICES OF
MIDDLEBROOK, KMSER & POPKA
801 FAST TAHOUITZ CANYON WAY,SIe 401
CRCOC MIPDLCBMOOK PALM OPAINOq,OAI.IFORNIA 02262 SAN aCNNARtINO OFFICE
MICHAFLR KAISCM 600N ARROWHBAO AV ,$Yr.i100
DENNIS U.POPKA — SAN PFFNARNINO, CA 02,102
JEFF M.YOSE Tol.phom: ((]50)322-OBOE
PFNNIS R.9TOUT FecamlI.:(Y00)U27=awn
PARFN F,HFNOFCFACh] E�Mell n"&9"nUmRP-IOW A4m Telep Mn" (e08)HBO-6:61
NANCY MENZI5n VAF99RN Feoolmlle BnB p00-70BO
BRETA.MAURRAN
SHANNON N,SUEER
May 1,0, 2004
Via. Facsinnllc
(949) 223-1.180 & (760) 323-8207
David Aleshire, hsy,
Alesliire& Wynder, L.TAP
18881 Von Kaman Avenue, Suite 400
Irvine, Ca 926.1.2
Dear Mr, Aleahire.:
Thank you for forwarding a copy of the legislative draft of the proposed amendment to the
Pai1n Springs Municipal Code relating to taxi cab signs. Mr. Santo has indicated to me that the size
of the ad carrier as indicated in the recommendations to the City of Paltn Springs is apparently in
erg or. The actual size is 2 inches larger in length, width and height. Accordingly, we would ask that
Paragraph 2. vi,he clianged to indicated:
'The Lid Uffier shall trot exceed 56 inches in length, 19 inches in width, and. 17 inches in
height extending from the roof of the taxi."
Thank you for your consideration in this matter.
Yours very truly,
MI-DDLEBROOK, KAISER & POPKA
MICHAEL R. KAISER
MR K/kt
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 SO AS TO ALLOW
ADVERTISING MATERIAL ON TAXICABS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 5.40 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. If a bandit light is installed on the ad carrier it shall illuminate red in colour so as not
to confuse it as a meter light.
vi. The ad carrier shall not exceed 54" in length, 17" in width, and 15" 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 candescent light bulb.
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. I
I
3. Standard uniform contract required. A standard contract shall be used by the taxi
industry to be used when selling advertising to the public.
a. Each contract shall be numbered in sequence with one copy being available to the
City.
b. This contract shall have a space provided to include a City Franchise Fee or license fee
(if adopted) to be paid to the City for enforcement of this section.
C. All contracts shall be signed by an official of the Coachella Valley Taxiowners
Association to insure the contract is in accordance with all City ordinances and that the City
Franchise Fee or license fee (if adopted) is paid in a timely manner to the City.
d. 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 five (5) working days of the receipt of the request by the city manager, who should be
designated as the hearing officer; the city manager may appoint a designee to act as hearing
officer. 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 hearing officer shall determine whether good cause was shown
for the abatement of the sign. The written decision of the hearing officer 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 n Mayor
REVIEWED &APPROVED AS TO FORM: A
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