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HomeMy WebLinkAbout1996-04-15 Ordinance 4341ORDINANCE NQ. 4341 ORDINANCE OF rHE COUNCIL OF THE CITY OF PALO ALTO AMENDING CHAPTER 4.42 OF TITLE 4 OF THE PALO ALTO MUNICIPAL CODE TO ADD SECTION 4.42.085 IMPOSING REQUIREMENTS FOR CONTROLLED SUBSTANCE AND ALCOHOL TESTING OF DRIVERS OF TAXICABS AND OTHER FOR -HIRE VEHICLES, AMENDING SECTION 4.42.010(A) EXEMPTING PARATRANSIT PROVIDERS UNDER CONTRACT WITH OTHER GOVERNMENT AGENCIES FROM THE REGULATIONS OF CHAPTER 4.42, AND REPEALING SECTION 4.42.©20(B) OF CHAPTER 4.42 TO CONFORM TO THE CHANGES TO SECTION 4.42.010{A) OF CHAPTER 4.42 The Council of the City of Palo Alto does ORDAIN as follows: SECTION 1. The City Council finds as follows: 1. Senate Bill No. 46 (Chapter 405) of the 1995-1996 Regular Session of the California Legislature, operative on January 1, 1996, made amendments to the regulatory controls which cities and counties are required to enact regarding taxicabs to add the requirement that taxicab drivers be tested for controlled substances and alcohol as a condition for operation in their jurisdiction. 2. The City must make amendments to those provisions of Chapter 4.42 of Title 4 of the Palo Alto Municipal Code in order to conform its regulations concerning drivers of taxicabs and other for -hire vehicles to the requirements of these recently adopted state law changes. 3. The Council also desires to broaden the exemption from regulation of taxicab and other for -hire vehicles under Chapter 4.42 to exempt those paratransit operators providing certain transportation services effectuating the Americans with Disabilities Act of 1990 under contract with any other governmental agencies. Those government agencies providing such paratransit services have the expertise and the legal obligation to regulate the provision of paratransit services under their contracts, and the Council finds that it is unnecessary and undesirable for this city to further regulate the prevision of those governmental services. SECTION 2. Chapter 4.42 of Title 4 of the Palo Al Municipal Code, entitled "Taxicabs and Other For -Hire Vehicles", hereby amended to add section 4.42.085 to read as follows: "4.42.085 Testing of drivers for controlled substances and alcohol. 0 s (a) Bach holder of a certificate of public convenience and necessity shall maintain a mandatory controlled substance and alcohol testing certification 1 960325 ayn 0042494 program conforming to Part 40 of Title 49 of the Code of Federal Regulations for all drivers of vehicles operated under the certificate. Under the program and the requirements of this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent. The program shall contain requirements for rehabilitation and for return -to - duty and follow-up testing and other requirements conforming substantially to Part 382 of Title 49 of the Code of Federal Regulations. (b) No certificate of public convenience and necessity shall be issued or renewed unless the holder at the time of certificate issuance or renewal files with the police department a certification that the holder maintains a mandatory controlled substance and alcohol testing certification program conforming to Part 40 of Title 49 of the Code of Federal Regulations for all drivers of vehicles operated under the certificate. The program shall contain requirements for rehabilitation and for return -to -duty and follow-up testing and other requirements conforming substantially to Part 382 of Title 49 of the Code of Federal Regulations. (c) No certificate of public convenience and necessity shall be issued or renewed unless the holder at the time of certificate issuance or renewal files with the police department a certification that, prior to employment with the holder of a certificate of public convenience and necessity, each driver of vehicles operated under the certificate has tested negatively for controlled substances under a mandatory controlled substance testing certification program conforming to Part 40 of Title 49 of the Code of Federal Regulations. (d) No certificate of public convenience and necessity shall be issued or renewed unless the holder at the time of certificate issuance or renewal shall file with the police department a certification that each driver of vehicles operated under the certificate has tested negatively for controlled substances and alcohol under a mandatory controlled substance and alcohol testing certification program conforming to Part 40 of Title 49 of the Code of Federal Regulations. (e) No driver's permit, shall be issued or renewed unless the applicant and the certificate holder for which the driver is authorized to operate a vehicle both certify that the driver is in compliance with a mandatory controlled substance and alcohol testing certification program conforming to Part 40 of Title 49 of the Code of Federal Regulations.'' • • SECTION 3. Chapter 4.42, section 4.42.010, subsection (a), of Title 4 of the Palo Alto Municipal Code is amended to read as follows: "(a) "A)A paratransit provider" means a -i--ee ey taxicab 1 or 1i` transportation vehicle gyrator that provides paratransit services to eligible individuals with disabilities for compliance with in'Order to e'f the Americans with Disabilities Act of 1990 under contract with the Canta Clara County Tranc3it Diotrict ("CCCPD'} or thc-SCCTID ok r flesii An ADA paratransit provider, while in the performa_ice of providing paratransit services to- ib e individual°, is canoidcrcd to be "on designated broker bass-= under such government contract controls shall he exempt from the regulatory . requirements of this Chapter 4.42.' SECTION 4. Chapter 4.42, section 4..42.020, subsection (b), is hereby repealed in its entirety. SECTION 5. The Council finds that the provisions of this ordinance do not constitute a project under the California Environmental Quality Act. SECTION 6. This ordinance shall be effective on the commencement of the thirty-first day after the date of its adoption. INTRODUCED: April 1, 1996 PASSED: April 15, 1996 AYES: ANDERSEN, FAZZINO, HUBER, MCCOWN, ROSENBAUM, SIMITIAN, WHEELER NOES! ABSTENTIONS: ABSENT: KNISS, SCHNEIDER ATTES APPROVED: eVdt CeAptCity Clerk APPROVED AS • F o" y A. orney or Po ice 'ef 960325 9'n 0042494