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HomeMy WebLinkAboutORD 1981-011 ORDINANCE NO. $1-11 AN ORDINANCE BY THE CITY COUNCIL OF GRAPEVINE, TEXAS, ADOPTING AND AP- PROVING CHAPTER TWO OF THE CODE OF RULES AND REGULATIONS OF THE D/FW AIRPORT BOARD, RELATING TO THE REGULATION OF TAXICABS; PROVIDING - FOR THE OPERATION OF THE CODE ONLY WITHIN THE BOUNDS OF THE DALLAS- � FORT WORTH REGIONAL AIRPORT; PRO- VIDING FOR THE RETENTION OF THE SOVEREIGN AND PROPRIETARY AUTHORITY OF THE CITY OF GRAPEVINE; PROVIDING A PENALTY, A SEVERABILITY AND SAVINGS CLAUSE, AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPE- VINE, TEXAS : Section 1. That the City Council of the City of Grape- vine, Texas does hereby adopt and approve Chapter Two of the Code of Rules and Regulations of the Dallas-Fort Worth Regional Airport (adopted by Resolution No. 80-129 by the Dallas-Fort Worth Regional Airport Board, adopted by the Board on October 7, 1980) , which resolution provides for "Taxicab Regulations" , a copy of which Resolution is attached hereto and incorporated herein as if copied in its entirety. Section 2. That the Code of Rules and Regulations of the Dallas-Fort Worth Regional Airport shall only be effective within the bounds of the Dallas-Fort Worth Regional Airport which bounds are within the City of Grapevine. Section 3. Provided however that nothing herein shall be deemed to waive, abrogate or surrender the sovereign governmental power and authority and proprietary ability of the City of Grapevine to pass ordinances , to exercise its police power, and perform all necessary governmental and proprietary functions within the City Limits of the City of Grapevine, which City Limits presently encompass a part of the Dallas-Fort Worth Regional Airport. Section 4. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined $1. 00 to $200 . 00. Section 5 . It is hereby declared to be the intention of the City Council of the City of Grapevine, that the sec- tions, paragraphs, sente^ces, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared un- constitutional such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses , sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without the in- corporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. Section 6 . The fact that the present Civil and Criminal Code of the City of Grapevine, Texas, does not adequately regulate conduct at the Airport creates an emergency that this ordinance shall become effective from and after its date of passage as the Charter in such cases provides. i PASSED AND APPROVED BY THE CITY COUNCIL of the City of Grapevine, Texas , on this the 3rd day of March, 1981 . APPROVED: Mayor ATTEST: u� City S cre ry APPROVED AS TO FORM AND LEGALITY: � City Attorney > , ,� EXHIBIT TO CITY OF GRAPEVINE ORDINANCE NO. 81-11 �� � � . RESOLUTION N0. 80-129 BE IT RESOLUED BY THE DALLAS-FORT WORTH REGIONAL AIRPORT BOARD: - SECTION 1 . That Chapter Two of the Code of Rules and Regulations of the Dallas-Fort Worth Regional Airport Board, dated September, 1971 , being Board Resolution No. 71-172, entitled "Regulation of Vehicles", subsequently amended by Resolution No. 74-59, adopted on January 8, 1974, and further amended by Resolution No. 76-127, adopted on Novem- ber 2, 1976, be further amended by adding "Section 9" thereto, to be entitled "Taxicab Regulations", which shall read in exact accordance with the attachment hereto, same being made a part of this Resolution as if copied at length herein. SECTION 2. That the provisions of this Resolution shall be deemed to be severable, and if any of the Sections, paragraphs, sentences, ciauses, phrases or words of this Resolution shall be held to be invalid or un- constitutional by the judgment or decree of any court of competent juris- diction, such holding shall not affect any of the remainder of this Reso- ( lution, and the remaining portions thereof shall be unaffected thereby and shall remain in full force and effect. � SECTION 3. That any person who violates any provision of this Resolution � shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION 4. That Chapter Two of The Code of Rules and Regulations of the Dallas-Fort Worth Regional Airport Board, as amended, shall remain in full force and effect, save and except as amended by this Resolution. SECTION 5. That the Executive Director is authorized and directed to re- quest the City Councils of the Cities of Dallas and Fort Worth to approve this Resolution by the enactment of appropriate Ordinances, and that this Resolution shall take effect upon the final passage of such Ordinances. PASSED AND APPROVED this 7th day of October, 1980. STATE OF TEXAS � -- COUNTY OF DALLAS � COUNTY OF TARRANT � ' I, Barbara Hollis, Staff Secretary of the Dallas-Fort Worth Regional �� Airport Board do hereby certify that the above and foregoing is a true and correct copy of Resolution No. 80-129 passed and approved by the Dallas- l_ r � • _�+ � Fort Worth Regional Airport Board on the 7th day of October, 1980. WITNESS MY HAND AND SEAL OF THE DALLAS-FORT WORTH REGIONAL AIRPORT BOARD this the 18th day of November, 1980. ����� Staff Secretary Dallas-Fort Worth Regional Airport Board 1 _[ � � ; � f � _; > ___ i ( 1 ) AIRPORT means the Dallas/Fort Worth Airport. � (2) ADh1INISTRATOR means the person, or his authorized agents, appointed oy Surtran with the responsibility of implementing and enforcing a/FW taxicab rules and regulations. (3) AIRPORT BOARD �ans the governing body of the Airport. (4) CONTRACTOR means the person designated by contract as the primary provider of taxicab service at the Airport. {5) DRIUER means an individual who drives or operates a taxicati. ,� (b ) LEGAL RESIDENT means a citizen of the United States or a person residing in the United States in accordance with federal � tion laws. imm�gra (7) PERSON means an individual ; corporation; government or governmental subdivision; or agency, trust, partnership or two or more persons having a joint or corrmon economic itnerest. (8) SURTRAN means the D/FW Surtran System. ( 9) TAKICAB means a chauffered motor vehicle with a rated passenger capacity of eight or less, used to transport persons ' fo� hire that typically operates on irregular routes, irregular 3 , schedules, and a call and demand basis, but not including - _ l limousines or buses. t - (10) TAXICAB DRIVER 'S LICENSE means a license issued to an �ndividual by the primary city or political subdivision under which the driver is authorized to operate a taxicab. (11 ) TAXICAB DRIVER' S PERMIT means a permit issued to an individual by the administrator authorizing that person to operate a taxicab at the Airport. (12) TAXICAB SERVICE means a passenger transportation service operated for hire that uses taxicabs in the operation of the service and includes (but is not limited to) a facility from which the service is operated, taxicabs used in the operation, 1 and a erson wno owns, controls or operates the service. P (13 ) TAXICAB STAND rr�eans a public place reserved exclusively for use by taxicabs. (14) TAXIMETER means a device that computes a fare based upon the distance traveled, the time the taxicab is engaged, and any other basis for charges wnich are specified by the Airport Board. (15) SUBCONTRACTOR means any taxicab company or taxicab driver � � aa'rio has subcontracted with contractor to provide taxicab service i i I at the Airport. 4 � ARTICLE II . TAXICAB DRIVER' S PERMIT ��, Z-1. - Taxicab driver 's permit _ (a) A person may not drive a taxicab inside the Airport unless he ras a valid taxicab driver' s permit issued to him under this article, except when terminating a trip that lawfully originated in another city or political subdivision. (5) Contractor may not employ or subcontract with a driver or otherwise allow a person to drive for hire a taxicab �wned, controlled, or operated by the contractor unless the person has a valid taxicab driver's permit issued to him under this article. \ Sec. 2-2. Qualification for taxicae driver's permit. ; (a) To qualif y for a taxicab driver's permit, an applicant must: (1 ) be at least 19 years of age; (2) be a legal resident of the United States; (3) hold a valid chauffeur's permit issued by th2 State of Texas; (4) be able to communicate in the English language; 5 � � (5 ) not be afflicted with a pt�ysical or mental d.isease or — �. i disability tt�at is likely to prevent him from exercising ordinary and � reasonable control over a rreotor vehicle or that is 1ikely to otherwise endanger the public health or safety; (b) not have been convicted of more than four moving traffic violations arising out of separate transactions, nor involved in more than two automobile accidents in which it could be reasonably aetermined that he was at fault, within any 12-month period during the preceding 36 months; (7 } not be under indictment or have been convicted for a crirr� involving murder, theft, burglary, robbery, prostitution, promotion � of prostitution, public lewdness, a sexual offense, or a drug related �� offense unless five years has elapsed since the date of conviction � or the date of release from confinement imposed for the conviction, whichever is Lhe later date; (8) not be addicted to the use of alcohol or narcotics; (y} be su�ject to no outstandi ng warrants of arrest; (10) be sanitary a�d well-groomed in dress and person; (1 1 ) be under contract to or employed by contractor; I�I � - � - 6 n ,r / (12} not have been convicted of driving while intoxicated more a than one time within the preceeding 36 months; and, (13) be 1'icensed or permitted as a taxicab driver by another city or p�litical subdivision or be in the empioy of contractor. (b) As an additional qualification, the administrator may uniformly require applicants to pass an examination given by the department that tests an applicant's knowledge of the traffic laws, a driver 's duties under Airport rules and regulations, or the geography of the neig�boring cities or counties \ Sec . 2-3. A�plicatio n. To obtain a taxicab driver's permit or renewal of a taxicab driver's permit, a person must file a completed written application with tne administrator on a f orm provided f or the purpose. The administrator shall require each application to state such information as he considers nec�ssary �a determine whether an appl icant i s qual if ied. �c. 2-�. Investigation of application. (a) For the purpose of determining qualifications under Section 2-2(a) (5) , tt�e administrator may require an applicant to submit to a , phys"icai examinai.ion at appl icant's expense conducted by a 1 ic�nsed _ '� physician and to furnish to the administrator a statement from the 7 physician which certifies that the physician has examined tne applicant and that in the physician' s professional opinion the app�icant is qualified under Section 2-2(a) (5) . (b) Upon request of the administrator, the Airport's Department of �ublic Safety shall investigate each applicant and furnish the administrator a report concerning applicant's qualification under Section 2.2(a) (6) , Section 2.2 (a) (7) , and Section 2.2 (a) (9) unless another taxicao regulatory jurisdiction has screened applicants in accordance with provisions contained in Section 2-2. Tne report snall include a copy of the applicant's motor vehicle driving record, a list of any warrants of arrest by the applicant which mignt be outstanding and the applicant's criminal record. (c) The administrator may conduct such other investigation as he considers necessary to determine whether an applicant for a taxicab driver 's permit is qualified. Sec. 2-5 . Issuance and denial . �a) If the administrator determines that an applicant is qualified, ne snall issue a permit to the applicant. �b) The administrator m ay deny the application f or a t axicab dr3ver's permit if the applicant: 8 - � 1 ) is no t qualified under Section 2-2; (2) refuses to submit to or does not pass a medical or written examination authorized under Section 2-2 or Section 2-4. (3) makes a false statement of a material fact in his application for a taxicab driuer's permit. {c� If the administrator determines that a permit should be denied tne applicant , the administratcr shall notify the applicant in �,�riting that his application is denied and include in the natice the reason for denial and a statement informing the applicant of his right of appeal. S�c. 2-b . Expiration and voidance upon suspension or revocation of state ch�urfer's permits. Exceot in tne case of probationary and provisional permits, a taxicab ariver 's �ermit expires on the date that 'the permittee's state chauffeur 's permit expires. If a permittee's state chauffeur's permit is suspended or revo4ced by tne stat�, his taxicab driver's �ermit automatically becomes void. � permitt�e snall natify the adr�inistrator within three days of a susp2nsion �r revor_ation of his chaurfeur's permit by th2 state and s��all immediately surrender his taxicab driver's permit to the administrator. 9 � Sec, 2-7. Provisional permit. (a)-- The administrator may issue a provisional taxicab driver 's permit if he determines: �l ) tnat the number of taxicab drivers is inadequate to meet the Airport 's need for taxicab servic�, in which case he may issue the number necessary to meet the need; or (2) that it is necessary pending completion of investigation of an aapl icant for a taxicab driver's permit. (�) A provisional taxicab driver 's permit expires 30 days after the date ot issuance or when the applicant is denied a t axicab driver 's �ermit, whichever occurs first. (c) The administrator may issue a provisional permit to a person noiding a state operator's permit in accordance with Article 6687b, Section 5(b) , Vernon's Texas Civil Statutes. S�c, 2-8, Probationary �ermit. (a) if an appl �cant � s not qualified for a taxicab driver 's permit under Section 2-2 but is qualified under state law or if the applicant holds an occupational chauffeur's permit, the administrator � ���ay issue � probationary taxicab driver 's permit for a period not to �xveed one year. 10 r (b) The administrator m ay prescribe appropriate terms and conditions for a probationary taxicab drivers permit as he determines are necessary. Sec.2-9. Duplicate permit. If a taxicab driver's permit is lost or destroyed, the administrator shall issue the permittee a duplicate permit upon payment of a duplicate permit fee of �5 . SFc. 2-iJ. Display of permit. 6Jnile operating a taxicab at the Airport, a taxicab driver shall ' conspiciuously display his taxicab drider 's permit on his shirt or blouse and � shall al iow the administrator or a peace officer to examine his taxicab ariver' s permit upon request. Sec. 2-11. Suspension by designated representative. (a) If a representative designaied by the administrator to enforce Airport rules and regulations determines that a permittee has failed to comply with same (except Section 2-2) , the representative may susperd the taxicab driver 's p�rmit for a per�od of time r,ot to �xceed 30 days by personally serving the permittee with a written r,o�tice of the suspension. The written notice must include the reason 11 for suspension, the date the susp�nsion begins, the duration of the suspension, and a statement informing the permittee of his right of appaal . (b) A suspension under this section may be appealed to the administrator personally if the permittee requests an appeal at the time the representative serves notice of suspension. When appeal is requested, the suspension may not take effect until a hearing is provided by the administrator. (c) The ad�ninistrator may order an expedited hearing under this section, to be held as soon as possible after the permittee requests an appeal . The administrator may affirm, reverse, or modif y the order of the representative. The decisior. of the administrator is final . Sec. 2-12• Suspension and revocation. % a) If the administrator determines that a permittee has failed to comply with Airport rules and regulations (except Section 2-2), the adminisirator may suspenc! the taxicab driver's permit for a definite aeriod of time not to exceed six months. (b) If at any time the administrator determines that a permittee is not qualifi�d under Section 2-2, the administrator shall suspend the � taxicab driver's permit until such time as the administrator determines that tne permittee is qualified. 12 > D/FW AIRPORT �� RULES AND REGULATIONS _ TAXICAB OPERATIONS ' CHAPTER T'WO REGULATION OF VEHICLES Section 9 . ARTICLE l . GEN ERAL PROVISIONS Sec. 1-l . Statement of palicy. It � s the policy of the Da] las/Fort Worth (D/FW) Airport Board and the cities of Dai las and Fort Worth to promote adequate and efficient taxicab service at D/F�1 Airport. To this end, rules and regulations f or taxicab operations on tne Airport are developed to protect the public health and r safety and tc prornote the public convenience and necessity. � 1 Sec . ]-2. Authority for enforcement. Surtrar shall appoint ar, administrator to implement and enforce D/F'�1 Nirport taxicab rules and regulations. Sec. 1 -3. Uefinitions. The definition of a term in the rules and regulations applies to each grammatical variation of the term. Un1eSs the context requires a different definition: � - 2 r (c) A permittee whose t axicab driver 's permit is suspended shall not originate a taxicab trip at the Airport during the period of suspension. Additionally, the administrator may prescribe that the permittee may not terminate trips at the Airport during the period of suspension. ' (a) The administrator shall notify the permittee in writing of a suspension under this section and include in the notice the reason for the suspensio n, the date the administrator orders the suspension to begin, the duration of suspension or if it is under Subsection (b) , and a st atement informing the permittee of his right of appeal . The period of suspension begins on the date specified by the administrator, in the case of an appeal, on the date ordered by the appeal hearing officer. (e) The administrator m ay revoke a taxicab driver's permit if the administrator determines that the permittee: (1 ) operated a taxicab inside the Airport during a period in which his taxicab driver's permit was suspended; (2) made a f alse st atement of a material f act in his application ror a taxicab driver's permit; (3) engaged in conduct that constitutes a ground for suspension ' under Subs�ction (a) , and received either a suspension in excess of 10 days or a conviction f or violation of this chapter, two times 13 ��itnin the 12 month period preceding the occurrence of the conduct or three times within the 24-month �eriod preceding the occurrence of the-conduct. (4) engaged in conduct that could reasonably be determined to be cetrimental to the public safety. (5 ) failed to comply with a condition of a probationary permit. (f) A person whose taxicab driver's permit is revoked shall not: �l ) apply for another taxicab driver °s p2rmit before the expiration of 24 months from the date the administrator revokes the permit or, in the case of an appeal, the date the appeal hearing officer affirms the revocation; or (2) operate a taxicab at the Airport. (g) The administrator shall notify the permittee in writing of a revocation and include in the notice the reason for the revocation, t�e date the administrator orders the revocation, and a statement �nforming the permittee of hi, right of appeal. (h) After r2ceipt of notice of suspension or �evocation, the permittee shall, on the date specified in the notice, discontinue operat�ng a taxicab at the Airport and shall surrender his taxicab 14 driver's permit to the administrator. However, if the permittee appeals the suspension or revocation under this section, the per�ittee may continue to drive a taxicab at the Airport pending the appeal unless the driver is unqualified under Secion Z-2 or unless the administrator determines that continued operation by a permittee would impose an unreasonable threat to public safety. A permittee shall comply with the decision of the appeal hearing officer. Sec. 2-13 . Appeal from denial, suspension, or revocation. (a) A person may appeal a denial of a taxicab driver's permit application, suspension of a t axicab driver's permit under Section 2-12, or the revocation of a taxicab driver's permit , if he requests an appeal in writing, delivered to the Executive Director of the - Airport not more than 10 business days after notice of the administrator's action is received. (b) The Executive Director or his designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appeaiing party an opFortunity to present evidence and make argument in his behalf. The formal rules of evidence do not apply to an appeal hearing under this Section, and the ��aring officer shall make his ruling on the basis of a preponderance of the evidence presented at the hearing. 15 F a (c) The nearing officer may affirm, modify, or reverse all or part of the action of the administrator being appealed. The decision of tne--hearing officer is final. Sec, 2-i4. Falsifying of a permit. (a) A person commits an offense if he: (1 ) forges, alters, or counterfeits a taxicab driver's permit, badge, sticker, ticKet , or em�lem required by Airport rules and regulations or other applicable law; or, ' (Z ) possesses a forged, altered, or counterfeited taxicab driver's permit , baage, sticker, ticket or emblem required by Airport rules and regulations or cther applicable law. �o) A taxicab ariver's permit badge, sticker, ticket , or emblem assigned to cne person is not transferable to another without the consent of the aCministrator. ARTICLE III. MISCELLANEOUS CONTRACTOR AND DRIVER REGULATIONS Sec . 3-l . Contractor's and driver 's duty to compiy. (a} Contractor. In the operation of a taxicab service, a contractor shal�l comoly with the terms and conditions of the contractor's o�erating authority and, except to the extent expressly provided 16 , otherwise by the operating authority, shall comply with rules and regulations and other laws applicable to the operation of a taxicab service. (b) Driver.� While operating a taxicab at the Airpart, a driver shall cemply with Airport rules and regulations, other lav�s applicable to the operation of a motor vehicle in this state, lawful orders of the administrator and orders issued by the contractor employing or subcontracting with the driver in connection with the contractor aischarging of its duty under its operating authority and Airport rules and regulations. Sec. 3-2. Contractor 's duty to enforce compliance by �rivers. I l (a) Contractor shall establish policy ar�d take action to discourage, prevent , or correct violations of rules and regulations by drivers who are employed by subcontracting with contractor. (b) Contractor shall not permit a driver who is employed by or suticontracting with contractor to drive a t axicab if contractor knows or has r�asonable cause to suspect that the driver has failed to comply witn rules and regulations established by the Airport or other applicatile iaw. Sec. 3-3. Uriver as independent c ontractor. 17 (a) Contractor may subcontract with a driver on an independent-contractor b asis, but only if the contract: (1 } provides that the contractor shall indemnify the Airport and cities of Uallas and Fort Worth and hold them harmless f or a claim or cause of action against the Airport and cities of Dallas and Fort Worth arising from conduct of the driver; (2 } provides tnat the driver is insured under limits specified by the Airport; and, (3) imposes a condition that the driver must comply with Airport ruies and regulations f or taxicab operations and provides that �ailure to comply m ay be considered by contractor as a material breach of contract. (b) The form of the contract between contractor and driver must be approved by the administrator. The administrator may disapprove a contract form if he determines that the contract is inconsistent with Airport rules and regulations or other applicable law. A contractor may not use a contract that has been disapproved by the administrator. �ar, 3-4. Insurance. Eacn ta�cicab dri�er permitted to originate trips at the Airport shall be insured �or public liability insurance coverage witn policy limits of not less tnan $300,000 per occurrence f or injury or death and �50,000 for property 18 > damage, or tne amount and character specified in contractor's taxicab service contract for Airport operations. , ARTICLE IV. SERVICE RULES AND REGULATIONS Sec. 4-1 Driver 's dai ly manifest. Eacn driver permitted to originate t axicab trips at the Airport shall document Airport trips on th� daily manifest required by the city or political subaivision under w hich he holds primary operating aut�ority. The record of trip origir.aLing at tne Airport shall include: (1 } taxicab number, driver's name, date, hours of operation, meter number, �otal miles, paid miles, units, trips, and extras; {2 } time, place, origin, and deStination of e ach trip: (3) number of passengers and amount of fare and other charges; and (4) other information required by the administrator to aid in the discharge of his duties. (b) Each driver shall complete a manifest on a separate form for each �our of duty. The driver shall provide the information required by the form and shall record the information witn regard to trips at ih� end of each trip. The driver shall return completed manifest ;orr�s on a regular schedule to the taxicab company under which he contracts with or is employed by. A driver shall provide a copy of his daily m aniTest to the administrator if requested. 19 Sec . 4-2. Parking. A dri'ver-_shall park only on designated taxicab stands whi le serving the ;;irport. c S�c. �-3. Discnarge of passen9ers. A driver shall use tne lower level at terminals to discharge passengers, except when a passenger is afflicted with a physical or mental disability that l�ould reasonably result in increased hardship for the passenger. Sec. 4-4. Representation of availability of taxicab. �1 driver may not represent that his taxicab is engaged when it is in fact vacant or vacant when it is in fact engaged. Sec. 4-5 . Refusal to transport passengers. Whi 1 e operati ng a ta�cicab a driver shal 1 not refuse to transport a person who requests service unless: ta) the person is disorderly; (b) the driver is engaged in answering a previous request for service; (cj - the driver has re ason to believe that the person is engaged in - unlawful conduct; or 2U �i (d) the driver i s i n fear of hi s personal safety. Sec. 4-6 . -_ Passenger 1 imitations. (a} While operating a t axicab, a driver may carry only a person who is a paying passenger, unless the passenger is an employee of the taxicab service that emplays or contracts with the driver or a governmental inspector acting in an official capacity. (b) A driver may not carry at the same time more passengers than the designated seating capacity of the taxicab. Sec. 4-7 . Carry passengers by direct route. A driver shall carry a passenger to his destination by the most direct and expeditious route available unless otherwise directed by the passenger. Sec. 4-8. Sol icitation of passengers. A driver may not solicit passengers: (1 ) from a lacation other than the driver 's compartment or the immediate vicinity of his taxicab; (2) in a way that annoys or obstructs the movement of a person; �r 21 > � (3) by paying an employee of another business to solicit passengers for or give preferential treatment in directing -- passengers to the driver's taxicab. Sec. 4-y . Regulations for use of taxicab stands. (a) While using a taxicab stand, a driver shall not: (lj leave the �mmediate vicinity of his taxicab (generally not to exceed 25 feet) except to assist a passenger as reasonably necessary af ter being engaged; (2; interfere with the orderly progression of taxicabs from the rear to the front of the taxicab stand; (3) perform or allow to be performed repairs or maintenance on a taxicab while parked o n the taxicab stand; (4) assign or seli his position in a taxicab stand to another; or (5) interfere with a taxicab entering a stand on which there is a vacant space. (b} A person shall not park a taxicab on a taxicab stand unless the taxi-cab �s for hire. 22 � Section 4-10. Conauct of drivers. �dniie on-duty a driver shall: (1 ) cdnduct himself in a reasonable, prudent, and courteous manner; (2) maintain a sanitary and well-groomed appearance; (3 ) not respond to a radio dispatch call assigned to another driver. {4) nat consume alcohalic beverage, drugs, or other substance which could adversely affect his ability to drive a motor vehicle; (5) not monitor tne radio frequency of a taxicab company other than his own nor respond to a call for service dispatched by another company; (6) not possess a radio equipped to receive the frequency of a taxicab company, other than his own; (7) not interf ere with the administrator in the performance of his duties; 23 (�) nct gather nor congregate at entrances or passageways of -_ any terminal , hotel , or other Airport building in a manner that annoys or obstructs the movement of a persc�n; and, (y) comply with lawful orders of the administrater issued in thp �erformance of his duties. Sec. 4-11 . Return of passenger 's property. Upon r"inaing property in a taxicab left by a passerger, the driver shall i���nediat�ly returr, the property to the owner. However, if the driver is unable io iccate the owner or if the driver does not know th� identity or wnereabouts of tne owner, the driver shall , within a reasonable t�me, deliver tne property to the taxicab company who employs or contracts with the driver. Sec. 4.12. Service regulations for business establishments requesting taxicabs for customers. An emp]oyee ot a business establishment, other than a tax;cab s2rvice, �r�no a�is as �n agent in otitaining taxicab service for prospective taxicab �assenc�ers shall not: (1 ) solicit nor accept payment from a driver in return for giving preferential treatment in directing passengers to a - dri���r's taxicab, or __ 24 (2; interf ere with the orderly progression of taxicabs fram the rear to the front o` a taxicab stand. ARTICLE V. FARES S�c. 5-l . Rates of fare. (a) A driver shall not charge a fare for operating a taxicab at the A�rpori 'that is inconsistent with the rates authorized by the Airport. (e) A driver shali display a printed card or sticker containing the approved Airport rates of fare. The form, content and location of the card or sticker are subject to approval by the administrator. (c) While operating a taxicab, a driver shall prominently display the rate card or sticker inside the taxicab in a manner approved by the administrator so that it can be easily read by passengers sitting in tne taxicab. Sec. 5-2. Computation of fares. Each taxicab shall be equipped with a taximeter and a driver shall charge ;n7y a f�e as computed by the taximeter unless otherwise authorized by the Hir�iort doard. Sec. 5-3. i7�sian and testing of taximeters. 25 i �;-' (a) A taximeter must accurately register in legible figures total miles, paid mil�s, number of fare units, number of trips, extras, and tot-�] f are for a trip. Figures denoting th� f are must be illuminated when the meter is activated. (b) A taximeter must be equipped to indicate whether the taxicab is engaged or vacant and with a tamper-proof system connecting the taximeter to an amber 1 ight atop the taxicab that, when 1 ighted, i s visible from all directions. The system must be designed so that during tne time the taximeter is registering a f are, the amber light � s automatically illuminated. (c) If tne taximeter e mploys a flag, the flag must project above the dasrcoard so as to �e easily seen from outside the taxicab when in the non-earning position: (d) The taximeter or its drive system must be sealed at all points at �nich components, if manipulated, could affect the function or accuracy uf the taximeter. (e) The design of a taximeter i s subject to appro��al by the 3dministrator �o assure that it compiies with this section. (`) Eacn taximeter shall be maintained in good operating condition and �2 tested and sealed at least once each year to assure compiiance v��th weights and measures 1 aws. 26 r � (g) The administrator m ay order a taximeter to be tested at any time, and a driver shall make the taxicab available for testing when �o ordered. (h) The administrator may require drivers to pay the cost of testing taximeters on a uniform basi s. Sec. 5-4. Fare collection procedures. Before cnanging the taximeter to indicate that the taxicab is vacant, a �river s�all call attention of the passenger to the amount of fare registered �n the taximeter. Upon request by a person paying a fare, a driver shall give tne person a legiole receipt that indicates the name of the taxicab company urder �vt�om the taxicab i s operated, the taxicab number, an itemized 1 i st of cnarges, the total amount of fare paid, and the date of payment. ARTICLE VI. VENICLES AND EQUIPMENT Sec. 6-l . False representation as taxicab. (a) A person may not represent that a vehicle is a taxicab if the vehicle is not in fact a taxicab authorized to operate at the Airport. �b) A person may not drive a vehicle at the Airport that is not a �axicab if the vehicle is marked, painted, ar equipped in a way that �s likely to resuit in mistaking the vehicle for a taxicab. 27 (c) A person may not solicit nor attempt to solicit passengers � � urless the taxicab is authorized to serve the Airport. 1 Sec. 6-2. Vehicle Inspections. (a) Each taxicab shail be maintained in satisfactory mechanical condition and appearance. Body condition shail be kept in good repair and the vehicle shall be painted and marked in the approved coiors of the fleet of which the taxicab is a me�nber. {�) The admin�strator may inspect taxicatis f or mechanical condition,required accessories (e.�. top-light, radio, meter, etc. ) as �rovid�d, and vehicle appearance. {c} A driver shall make a taxicab available for inspection when ordered by the administrator. (d) If a driver f ails to make a taxicab available for inspection or if the administrator determines that a taxicab is not in compliance with Airport rules and regulations, the administrator may order the taxicab removed from Airport ser�ice until it is made available for inspection and brought into compliance. (e) If the administrator determines that inspection of the mect��anical condition or safety equipment of a taxicab by an expert m�ct�"anic or technician is necessary, the driver shall pay the cost of the inspection. 28 , S2c. 6-3. ReGuired equipment. A driver shall provide and maintain the following equipment in each taxica�: (1 ) seat belts for each passenger the number of which is determined by the designed seating capacity of the taxicab; (2) heater and air conditioner; (3 ) fire extinguisher of at least one quart capacity; (4) equipment to indicate when a taxicab is operating for hire and when it is not for hire; and, (5) top 1 ignt. Sec. 6-4. Off duty status of taxicab s. (a) Each taxicab is presumed to be on duty and ready to serve the general pu5lic for hire unless the taxicab is marked in the following manner: A sign shall be placed in the taxicab indicating the words "OFF - DUTY" printed in letters not less than three inches in height with a s�roke of n�t less than 3/8 inch. The letters shall be 29 an a backing of sufficient thickness to not easily bend. � Lettering shall be black over a contrasting background. When a -- taxicab is in off-duty status, the sign shall be displayed in an uprignt position in the front window on the right side so as to be easi'ly seen and read from outside of the taxicab. (b) An off-duty taxicab shal l not park or stand on a taxicab stand or within 500 feet of a taxicab stand or along or in the one hour parking zones of the Airport roadways. ARTICLE VII . ENFORCEPIENT Sec. 7-l . Assistance by Oepartment of Public Safety. Officers of the Airport 's Department of Public Safety shall assist the administrator in the enforcement of taxicab rules and regulations upon the specific request of the administrator. A palice officer upon obser_ving a violation of rules and regulations established by the Airport shall take necessary enforcement action to insure effective regulation of taxicab service. Sec. 7-2. Criminal offenses. (a) A person comm�ts an offense if he violates a provision of Airport rules and regulations applicable to him. A culpable mental state i s not required for the commission of an offense under the rules and regulations unless the provision defining the conduct expressly requires a culpable mental state. A separate offense is committed each time an offense occurs. An offense committed under the rules and regulations is punishable by imposition of a fine of not more than $200. (b} Prosecution for an offense under Subsection (a) does not prevent the use or" other enforcement remedies or procedures applicable to the person charged �ith or the conduct involved in the offense. t 30