HomeMy WebLinkAboutORD 1974-040 4RDII�ANCE �4. ?4-�0
A� ORDII�CE REGfUTATINd AND PROVIDING FOx � E�RAI9TING �F TAXICAB FRAN(�i ISES
BY THE CITY OF f�I�4PEVI�, TLXAS; l�&P�ALI�TE# TI�'LE �� CBAPTEB � 6F THE CI1?
CODE 840K OF � CITY 0� t�BAPEVIl�E: TEX'AS; REQi1IRIN� TBAT ALL TAXICAIIS BE
*� OPERATED t,JND�R AUPHARI�C OF A TAXICAB FRAI�CHISE; RE�I�ATI�Q �E OPBRA�'I08 E)F'
;
TAXICABS I� R�E CI'PY 4F GRAPEVI�iE; DEg'�IAC4 A TAXICAB AND PROVIDTNG FOR
� EXCEP2'I48S; A�TD PROVZDSHt�i O�I,Y @tJALIFI�D DRIVE� SHALL H� EI�IA7�D:
DELIVERY BUS�SS SSALL NOT F�T�At#E I� TAXI�AB BUSI�SS s 4�LY FRAACffiSE TAXI-
CAB �IAY BE II�tCAQrED: �'BA�CHISE RE@�JIxED FOR AI�L TAXICABS; NO EXCLtTSIi�E TAXS-
CAB FRA�Cffi�3E SFIAZ,I, BE GIiA�TTED: FEANCHISP $OLDER SHALL �14T HAVE AN II�EREST
Ilq ABTOTF�R TAXIGAB Cf��': APPLICA?I4N SHALL SE AlAI3E F'OR A TAXTCAB FRA�CHLSE t
APPI�ICAIiYi' SBALI, (�rI�1E CERTAII� I�'ORMAT'I01'� C?N APPLTCATI4� I�OR �"RA1�CI�S�:
APPLICATION FE3R A FRA�C�LSE 88ALL BE �D �U � CI`,i'�C COtt�CIL FOR A�VESTI-
GATIOA; �RTAT� �'ACTS BE C4PSIDTRED IN �G 08 DENYII�(i A FRA�fiIST s
TAAT A PUBLIC �AR�TG S�ALL BE �I� Ol� APiY REQUE�T F4R A P'RAN(�IS�: REQt�EST
FOx A TRANSFER OF A FRAI�CHISE� OR A RE)�'EWAL OF A FRA�CHISE: T�IAT P'RANCHISE
� m SBAI,L �E DISPLA7(E'ID t A PERMIT SHALL BE ISSUED FOR EAC�i TAXICAB A�T`P�3RIZED BY
F�CI�LSE; TAXICAB P�RMITS SHALL BE DISPLAYID: FRA�CBI�'E �LAY �EY� BE ASSI�
� WITHOUT BPI�G APPROY�D BY CITY COt�CIL: ADDIg'IE�1AL TAXICABS MAY BE t�ED
�NDEx A FRA�CffiSE; TAXIC� �'RA�ffiSE MAY BE SUSPE�ID, �tEVO�D 48 CANCELLED:
THAT �t)TIGE 4F St�SPE�SIE}l�� Ox CANCELI�ATI�� SHALL B� 4IV.�2 FRAIt1CHISE I�OLDER
38AI�L PAY MOliTEILY FEE OF �'� OF 64ROSS REVE�JES TO TSE CITY; �HAT FRANCHIBE
H4LUERS SaALL FII�E �THLY S°PATE�' OF 1�EEEIP�S WITZi CITY SI�CRETARYt BO�g-
K�EP�(� SYS�D+! � BS MA�ATl�ED BY FRA�CSISB H4LDERS s FBANCHISE T4 BE A�TO-
MATICALLY S�ED P'C)It FAII�TRE T'4 PAY FEES OR FILE S`PA�TS; �T I1�SURANC�
SBALL BE f:ARRIED BY ALL FRA�TCHISE HOLDERS; THAT TAXII�TERS SAALI, BE �tEQUIR�D
C� ALL TAICICABS OF SUCii SIZE A�D DESTt� AS �PPR4VED BY CITf SECRETARY; FOR TI�
RATES TO BE CI�ARC4ED BY TAXIC,ABS; PRUffiBITIN6 CRUISII�G� SOLICITIl� PATRONAt€E�
�„ TRAFSPORTT�ta PA59S�If�RS FOR PtTAPOSE OF PROSTI�TI4A OR OTBER t�WFUL
PtTRPt)SES; MAKII� IT tA�I,AWFUL T4 REFtTBB TO PAY TAXICAB FARE; PRO�TIDIl�JE4 F�R
i
` TAXICAB STA�tDS � CALL BOI�S; BEQZJIRINQr A FIXED PI�ACE OF BUSIIQESS P'OR ALL
TA1�.ICAB tl��A�TIES; REQUIR�G A FDCED PLACE 4F BUSI�ESS FOR ALL TAXTCAB
C4IrII'AAIES� REQUIRIl�Q TAXICABS TO BE gC�PT f� PRIVATE PREMISES W� �OT IA �ISE;
PRfri�mIIYG FOR INSPECTItA� OF TAXICABS BY T$E CHIEF OF POLICE OF TI� CI�7;
PROVIDI�4 �'Ox I�dARKIMa �� TA�CICABS; REQUIRIl4a DRIVERS OF TAXICA�lS Tf� SECURE
PERA�IITS T4 DRIVE TAXICABS FROM TI� CHIEF OF POLICE f�' T� CITY; RE@UIRI�TB
Al� APPLICATI�� �'OR A PERMIT TO DRIVE A TAXICAB AND PRESCBIB�Q A FEE
TH�O�`; REQUIRIMQ A DAILY MA�E3T, �QUIRIl+ta BXISTIlqt3 �CAB C�ANIEs
TU APPLY FOR FRAHC�; PR09IDIlrt# THAT IT SHALL FE� BE �ECESSARY TO
�Et3ATIVE IICCEP�I��S A�iJ �T��3 IN Ct�PI�AI�'PS AI�D PROCEEDII�S; PRO�IDI�
FOR A SAVIN�.S CLAU�E; PR��IDI�TG FOA A PEAALTY 4F FRt� �NE DOLLAR T(? TWO
F�RED DOLI�ARS; A� DECI�ARIl+�a �N EMERtr�NGY;
I�""
�
�
��,
�
�
E
�
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
.�� SECTION 1 : DEFINITIONS:
The following words, when used in this ordinance shall have
"`� the meanings respective ascribed to them in this section, except where
the contest clearly indicates otherwise.
"CITY" shall mean the City of Grapevine, Tarrant County, Texas.
"CITY OFFICIALS": The words "Mayor", "City Councilman",
'City Manager", "City Secretary", and "Chief of Police" shall
mean the respective officials of the City of Grapevine, Tarrant
County, Texas.
"CRUISLI�IG" shall mean any movement of unoccupied taxicabs over
� :,
the streets of the City except in the following instances:
��
A. Unoccupied taxicabs proceeding to answer a request for
taxicab service by prospective passengers.
B. Unoccupied taxicabs returning by the most direct route to
the location where such taxicab is customarily kept or to the
taxi stand of the operator of the taxicab nearest to the place of
discharge of its last pa ssenger.
C. Unoccupied taxicabs roving over public streets by the most
direct route to a garage or other place for automotive repairs or
for the purpose of being repaired or stored.
'�� "DRIVER OR TAXICAB DRIVER" shall mean the person actually
driving the taxicab.
�,�
"FRANCHISE HOLDER" shall mean any person holding a taxicab
franchise in the City from the City Council.
"MANIFEST" shall mean a daily record prepared by a taxicab
driver of all trips made by such driver showing time and place
of origin, destination, number of passengers and the amount of
,
fare for passengers.
"MOTOR VEHICLE" shall mean every motor propelled vehicle used
for the transportation of persons over the public streets of
the Cityo
"OPERATOR" v�hen used in this ordinance, in connection with
taxicabs, shall mean the person to whom a franchise ha s been
granted and under which franchise the particular taxicab is
being operated.
"OPERATE A TAXICAB" shall be construed to mean the driving
of a vehicle so marked as to indicate that it is a taxicab on
any street of the City, and shall also be construed to mean the
driving of any vehicle containing a passenger over any street
of the City for any monetary fare unless such vehicle is being
operated pursuant to a franchise issued by the City, or a franchise
legally issued by the Railroad Commission of the State with
authority to so operate or any permission duly granted by the
City Council of the City or is an ambulance.
�.� "PERSON" shall include both singular and plural, and shall mean
�
� and embrace any person, firm or corporation, their agents,
�
servants, and employees.
"PRONOLJNS" - Promouns in the masculine gender shall include
the corresponding word in the feminine or neuter gender.
"STREET" when used in this ordinance, shall mean and include
any street, alley, avenue, lane, public place or highway within
the corporate limits of the City.
"TAXICAB''shall mean and include every vehicle used for the
transportation of passengers for hire over the streets of the City,
with the following exceptions:
� A o A vehicle being operated pursuant to a franchise or
�. permit legally issued by the Railroad Commission of the
State of Texas to so operate, or pursuant to permission
duly granted by proper authority of the City for a vehicle to
operate over a regular route, upon a set schedule or pursuant
to any permission duly granted by the City Council.
B. Vehicles being used as ambulances.
driven and operated in the taxicab service of the franchise holder.
SECTION 5 : EMPLOYMENT OF QUA LIF IED DR NERS - THE
,� RESPONSIBILITY OF THE FRANCHISE HOLDER:
Every franchise holder operating a taxicab service in the
'�`°"` City shall employ as drivers of taxicabs only persons who are physically
and mentally fit and able to operate a motor vehicle for hire, and of good
moral character.
SECTION 6 : DELIVERY BUSINESS ENJOINED FROM TRANS-
POKTING PASSENGERS:
It shall be unlawful for any person who is engaged in the business
of delivering parcels or packages in the City to transport, or offer to transport,
any other person as a passenger, whether for hire or without charge, or to
,� ..,
permit any person to ride as a passenger in any conveyance used in delivering
�-.,�
parcels or packages; provided, that any business in the City maintaing a free
delivery service incidental to and as a part of another principal business
may transport persons, if not transported for hire, without violating the
provisions of this Section.
SECTION: 7 . ONLY FRANCHISED TAXICAB SERVICE MAY BE
ENGAiG ED:
It shall be unlawful for any person knowingly to engage any
transportation by motor vehicle which is operated in the same or similar manner
.�
employed by taxica3� services, unless such transportation so engaged shall be a
duly authorized operation under franchise from the City.
�_.�
SECTION: $ . REFUSAL TO PAY TAXICAB FARE: HIRING TAXICAB
WITH TNTENT TO DEFRAUD:
It shall be unlawful for any person to refuse to pay the legal
fare of any taxicab after having hired the same, and it shall be unlawful for any
person to hire any taxicab with intent to defraud the person from whom it is hired
of the value of such service.
SECTION 9 : TRANSPORTING PERSONS FOR PURPOSE OF
PROSTITUTION:
It shall be unlawful for any driver of the taxicab knowingly
to transport any passenger to the abode of a prostitute, or knowingly to
�N� transport any criminal, narcotic peddler, prostitute or bootlegger in the
commission of a crime or infraction of the law in any manner, or act in
"�'� any manner as a panderer or �imp for prostitutes or a contract for
unlawful establishments of any characters.
SECTION 10 : RETURN OF ARTICLES LEFT IN TAXICABS:
It shall be the duty of every taxicab driver to return without
delay to the owner, if any, any luggage, merchandise, or other property left
in the taxicab. If the owner is not known, the driver shall deliver to the
franchise holder, immediately upon the drivers return to the terminal, any
property whatsoever left in his taxicab with a complete report as to when
�
it was left in the taxicab and the circumstances relating thereto.
�...�
SECTION 9 : �O SECTION 10 : RESERVED
Section 9 to Section 10 , both inclusive, are �eserved for
future use.
SECTION 1.7- : FRANCHISE REQUIRED.
It shall be unlawful for any person to operate a taxicab for hire
within the City unless such person shall have been granted a franchise to do so
in accordance with the terms of this ordinance and the Charter of the City.
SECTION 12 : FORFEITURE OF FRANCHISE:
: Any franchise granted hereunder shall be subject to forfeiture
�� and cancellation by the City Council upon conviction for violation of the terms
of this ordinance or the franchise granted hereunder.
SECTION 13 ; APPLICATION FOR TAXICAB FRANCHISE INFORMA-
TION REQUIRED.
Any person desiring a franchise to operate a taxicab service iri
the City shall file with the City Secretary a written application requesting a franchise.
Such application shall be filled out and filed in triplicate on forms to be furnished
by the City Secretary, shall be verified by the oath of the applicant and shall
give, among other details, the following information:
A. The name, age and residence of the applicant, if a natural persons.
�
If the applicant is a partnership, the name, age and residence of all partners,
� general, special, and limited. If the applicant is a corporation, its name, date and
place of incorporation, and address of its principal place of business, the names
and residences of all its officers and directors, the names and residences of
each stockholder owning ten percent (10%) or more of the total issued capital
stock, and showing the percentage of the total issued capital stock, and showing
the percentage of the total issued capital stock owned by each of them, the total
amount and nature of its authorized capital stock, the amount thereof fully paid
up, as well as a duly certified copy of its charter and by-laws, and further, if
the applicant is a foreign corporation, a duly certified copy of its permit to do
�� T business in Texas.
B, The length of time the applicant has been a resident of the City of
�,..
Grapevine and the County of Tarrant.
C. The trade name, if any, under which the applicant proposes to
operate.
D. The make, type, model, capacity and condition of the taxicabs
proposed to be operated; the design and color schemes of each taxicab and the
lettering and marks to be used thereon.
E. The address of the place of business from which the applicant
proposes to operate.
F. The number of taxicabs for which a permit is desired.
���
G. A full and complete statement of all the applicant's assets and
��
liabilities.
H. A full list of any unpaid judgment of record against the applicant.
I. A full list of all convictions of the applicant for violations of any and
all federal, state or municipal laws.
, J. A full list of any and all liens, mortgages and other encumbrances of
taxicabs. Such list shall include the amount secured by lien, mortgage or other
encumbrance, the amount then due thereon, the character of such lien,
mortgage or other encumbrances.
� K. Full information pertaining to the eYtent, quality and character
of the service that applicant proposes to render.
�
L. Facts showing the demand, need, and necessity for such service.
M. A full and complete statement of the experience, if any, the
applicant has had in rendering such service in the City or elsewhere.
N. Any additional information as may be required by the City
Council in its discretion.
SECTION 14 : CITY SECRETARY TO REFER THE APPLICATION
TO THE CITY COUNCIL:
When an application for a franchise containing the required
� �
information in full, praperly executed and verified, is filed in triplicate with
� the City Secretary, it shall be placed on the agenda of the City Council for the
n ext regular meeting of the City Council following the filing of such application.
SECTION 15 : INVESTIGATION BY CITY COUNCIL.
After receiving any application for a franchise, the City Council
shall make or cause to be made by its agents or employees, or by persons
designated by it, such investigation as it may consider necessary. The City
Council shall determine whether or not the public necessity and convenience
requires the operation of such taxicabs and whether or not the applicant is fit and
�, proper, qualified and able to efficiently conduct such business and render such
service to the public.
�
SECTION 16 : FACTS TO BE CONSIDERED IN GRANTING OR
DENYING TAXICAB FRANCHISE:
In determining whether or not a franchise should be issued, the
City Council shall consider, among other things, the following items:
A. Probable permanency and quality of the service offered by the
applicant, the e�erience he has had in rendering such cervice in the City, or
similar service elsewhere and the past record and experience of the applicant
in adjusting claims and paying judgments, if any, to claimants.
� B . The financial ability of the applicant to respond in damages to
claims or judgments arising by reason of injury to persons or damage to property
�
resulting from the operation of a taxicab.
C. The character and condition of the taxicabs to be used.
D. The character and past record of the applicant.
E. If the applicant be a partnership or corporation, the above enumerated
items shall be applied to each of the partners, officers, directors and stockholders.
SECTION 17 : PUBLIC HEARING ON FRANCHISE REQUEST.
No franchise to operate a taxicab service in the City shall be
granted until a public hearing shall have been held before the City Council on
,�. , such request at a regular meeting of the City Council. The City Council shall,
after being advised of a request for a taxicab franchise, set a time and date for
�� such public hearing. Notice of such public hearing shall be published at least
one time in some newspaper of general circulation in the City at least five (5)
days before the date set for such public hearing and the e�ense of such
publication shall be borne by the applicant.
SECTION 18 : ORDERS, FINDINGS, ETC. CF PERSONS
INVESTIGATING TO BE ORDERS OF CITY COUNCIL.
The evidence in any investigation, inquiry or hearing may
be taken by the City Council as a whole, by the Mayor, any one or more of
the City Council or by any agent, employee or representative authorized,
requested, or designated to conduct and carry on such investigation, inquiry
� or hearing by the City Council. Every finding and opinion made by such person
or persons authorized or instructed to conduct such investigation, inquiry,
or hearing shall be the finding or opinion of the City Council itself when
presented to the City Council in open meeting and adopted, approved or confirmed
by the City Council.
SECTION 19 ;' GRANT OR REFUSAL OF FRANCHISE.
If the City Council finds that the public necessity and
,�, convenience do not require the operation of any additional taxicabs, or
that the applicant is not fit to conduct such business for any reason, or that
�� the interest of the general public and the City will best be served by the refusal
of such applica�ion, then it shall forthwith refuse such application and no
franchise shall be issued to such applicant. If the City Council finds that
the public necessity and convenience require the operation of the number of
taxicabs applied for, or of a lesser number, and that the applicant is fit and
qualified morally and financially to conduct the business, and that the general
welfare of the citizens of the City will best be served by the addition of more
taxicabs, and that all other requirements of this ordinance have been fully
complied with by the applicant, the City Council shall notify the applicant of its
� findings, and a franchise may then be granted under the terms and provisions of
� this ordinance and the Charter of the City.
SECTION 20 ; APPLICANT SHALL ACCEPT FRANCHISE IN WRITING
BEFORE TAXICAB BUSINESS MAY BE COMMENCED.
Before any operation of a taxicab business may commence, the
person to whom a taxicab franchise has been granted or transferred by the City
shall a�cept such franchise or transfer of same in writing, and file with the City
Secretary a statement in substantially the following form:
"I hereby accept the taxicab franchise granted to
me by Ordinance No. 74-40 and hereby agree to
�
operate said taxicab service in accordance with the
terms arid conditions of such franchise. "
SECTION 21 : FRANCHISE TO BE DISPLAYED.
Each franchise granted shall be prominently displayed at all times at the
principal place of business of the operator to whom such franchise is granted.
SECTION 22 : PERMIT TO BE ISSUED FOR EACH TAXICAB
AUTHORIZED BY FRANCHISE:
The City Secretary shall issue an individual permit for each
taxicab authorized to be operated under a franchise. Such permit shall show
�
the trade name of the operator, the expiration date of the operator's franchise,
�• and the make, type, model, capacity, license number, motor number, and
taxicab number, as designated by the City Secretary, of the taxicab for which
such permit is issued. If, at any time, the operator desires to replace a
taxicab for which a permit has been issued under the provisions of this section,
he shall surrender the permit for that taxicab being withdrawn from service to
the City Secretary for cancellation and shall obtain a permit for the replacement
taxicab. Provided, however, that no permit shall be issued under the provisions
of this Section until such taxicab has been inspected and approved by the Chi�f
of Police or his representative as in hereinafter required.
�. n
SECTION 23 : TAXICAB PERMIT TO BE DISPLAYED.
� Each taxicab permit issued under the preceding section hereof
shall be prominently displayed at all times in full view of persons in the back
seat of the taxicab for which such permit was issued. It shall be unlawful to
display any such permit in any taxicab other than the one for which such permit
was issued.
�ECTION 24 : ASSIGNMENT OF FRANCHISE TO BE APPROVED BY
CITY COUNCIL:
No franchise granted under the terms of this ordinance shall be
'"� transferable or assignable without the written consent and approval of the City
�
Council after written application has been made to the City Council therefor.
SECTION 25 : SUSPENSION OF FRANCHISE:
If, for any reason, the City Council deems that the general
welfare of the citizens require such action or that the best interest of the City
will be served thereby, it may by formal action upon ten (10) days notice to the
holder thereof, suspend for any period up to, but not exceeding thirty (30) days
any franchise granted under the terms of this ordinance. In the event of such a
suspension such franchise shall be of no force and effect and the holder thereof
shall not be authorized to operate taxicabs in the City. For good cause, the
City Council may, by formal action lessen or terminate any such period of
""'�" suspension.
SECTION 26 : REVOCATION AND CANCELLATION OF FRANCHISE:
�
If the holder of any franchise shall show by his actions that he is
not a fit and proper person to operate taxicabs in the City, or if the financila
position of the holder shall reach such a condition that the City Council does not
deem the holder able to pay in full, reasonable claims for damages which might
be legally established and confirmed, or if for good and sufficient reason, the
general welfare of the citizens of the City will best be served by such action,
the City Council may, after a hearing, revoke and cancel any franchise granted
b� it under the terms of this ordinance. In the event of such revocation and
cancellation, the franchise shall be null and void.
,� ,
� SECTION 27 : NOTICE AND HEARING:
The hearing as specified in the preceding Section shall not be held
until notice of thehearing ha s been given to the holder of the franchise in que stion
by registered mail addresssed to the holder at the address shown on the records
of the City, and a period of at least ten (10) days has elapsed since the mailing
of such notice. Such notice shall specifiy the time and place of the hearing, and
shall list the reasons why the general welfare of the City requires the revocation
and cancellation of such franchise. The holder of the franchise in question shall
be allowed to be present at such hearing, which shall be public, and shall be
„�,,, allowed to be represented by counsel, if the holder deems the san� advisable.
He shall have full opportunity to disprove any and all charges and allegations set
�
out against him or his operations in the notice. Such hearing may be conducted by
the City Council or any agent, employee, or representative designated by it.
If conducted by an agent, employee, or representative, then upon approval and
adoption of the City Council of findings of fact made by the person conducting such
hearing, such findings of fact so approved and adopted shall be and become the
findings of the City Cour�il of the City. If the findings of fact made after such
hearing show that the operator is not a fit and proper person to conduct such
business, or is unable to pay in full reasonable claim for damages which might
be asserted or for any reason the general welfare of the citizens of the City or
the best interests of the City will be served best by such action, then the City
Council shall -revoke and cancel the franchise in question, and there shall be
��
no appeal of any nature from such action.
�
Section 26 to Section 27 �eserved:
Section 26 to Section 27 , both inclusive, are reserved for future use.
Section 28 : FRANCHISE HOLDER TO PA Y MONTHLY FEE FOR USE
OF STREETS:
A s compensation or rental or license fee for the privilege of ,
operating upon and using the public streets and thoroughfares of the City, and
conducting and carrying on the business of transporting passengers for compensation
on and over the streets and thoroughfares in taxicabs, each holder of a franchise
granted under the terms of this ordinance shall pay to the City at the Office of
�,
the City Secretary an amount equivalent to four percent (4�) of the gross revenues
derived from the operation of the taxicabs operated by him. Such amount shall be
`"�'" paid monthly for each calendar month on or before the 15th day of each succeeding
calendar month. Such compensation shall be in lieu of all other fees to be paid by
taxicab operators imposed by any other ordinace-snow in force, but shall not be
construed to be in lieu of any validly assessed ad valorem taxes.
SECTION 29 : MONTHLY STATEMENTS OF RECEIPTS TO THE
CITY SECRETARY.
F��h holder of a franchise shall file with the City Secretary a
sworn statement showing all receipts for each calendar month and the sworn
statement showing all receipts for each calendar month and the sworn statement
�' �all be filed on or before the 15th day of the succeding calendar month.
SECTION 30 : BOOKI<EEPING SYSTEM.
�
The holders of taxicab franchises shall install and accurately and
correctly keep a system of books, which shall accurately reflect all receipts from
the aperation of taxicabs. Each system of bookkeeping of each holder of a franchise
shall be approved by the City Secretary of the City.
SECTION 31 : AUTOMATIC SUSPENSION FOR FAILURE TO PAY FEES
OF FILE STATEMENT:
Upon report to the City Council of the failure of any holder of
a franchise to file with the City Secretary a sworn statement showing all of the
""'�' receipts from taxicab operations for the preceding calendar month on or before the
15th day of each month, or upon report to the City Council of failure to any holder
�
of a franchise to pay an amount equivalent of four percent (4�) of the gross revenues
derived from the operation of public taxicabs for the preceding calendar month
on or before the 15th day ofany calendar month, the City Council shall
automatically suspend the franchise granted to the person thus in default, and
such suspension shall continue and be in full force and effect until it shall be
reported to the City Council at a regular meeting that such omission or default
has been corrected.
SECTION 32 : ONLY TAXICABS OR HOLDER OF FRANCHISE TO
�, �
OPERATE UNDER FRANCHISE:
It shall be unlawful for any taxicab to be operated under or by
�-� virtue of any franchise granted under the terms of this ordinance unless such
taxicab be owned or controlled by the holder of such franchise.
SECTION 33 : INSURANCE TO �'E IN FORCE BY FRANCHISE HOLDER.
Before any franchise shall be granted to any person to operate
a taxicab service or business in the City, or before a renewal or transfer of
a taxicab franchise, the owner or operator shall file with the City Secretary,
and thereafter keep in full force and effect, a standard policy of public liability
and property damages insurance, to be executed by an insurance company duly
and legally authorized to do business in the State of Texas and performable
,� in the County.
Section 34 ; to Section 35 : Reserved:
��
Section 34 to Section 35 , both inclusive, are hereby reserved for
future use.
SECTION 34 ; TAXIMETER REQUIRED.
It shall be unlawful for any person owning, operating, driving or in
charge of any taxicab for hire in the City to drive or operate or permit the
operation of such ta�icab, or to use or advertise in connection therewith the
word "taxi", "taxicab" or "cab", or in solicity trade from the public to represent
or exhibit such vehicle as a "taxi", "taxicab", or "cab" unless such vehicle
is equipped with a taximeter approved by the City Manager.
SECTION 35 : RATES TO BE CHARGED:
The rates to be charged by all taxica.b operators in the City
`�'� shall be a s follow s:
�_� � �
��
The above charges shall apply to each trip regardless of the number
of passengers carried.
SECTION 36 : EXCESSIVE RATES AND LUGGAGE.
The rates set out in the preceding section shall be the sole charge made
� .
or collected , and there shall be no additional charge made for ordinary luggage,
bags, or parcels being carried by such passenger. It shall be unlawful for any
�E�� driver of a taxicab to demand or receive a fee or charge for taxicab services
in excess of or less than the rates specified in the preceding section. However
nothing herein contained shall be construed as requiring a taxicab to carry
trunks, very large packages, parcels, articles or objects likely to injure
or damage the taxicab.
SECTION 37 : RIGHT TO PAYMENT OF REGULAR FARE IN ADVANCE.
Every driver of a taxicab shall have the right to demand the
payment of the regular fare before picking up a passenger and���refuse
employment unless so paid, otherwise, no driver of a taxicab shall refuse
or neglect to convey any orderly person upon request to any place in the City
unless previously engaged or unable to do so. It shall be unlawful for any
driver to request payment in advance of a fare in excess of the fare prescribed by
this ordinance.
SECTION 38 : RATE TO BE POSTED:
Every taxicab operator shall post in each taxicab operated
by him in a conspicuous place in view of the passengers to be conveyed, a
schedule of fares to be charged for such service. Such a schedule shall be
printed on a car in not less than 24 point black faced type, letter spaced, and
giving the rates a,ir�d distances for which such rates apply.
Section to Section : Reserved
Section to Section , both inclusive, are hereby reserved for future use.
SECTION 39 : CRUISING:
Cruising, as defined in this ordinance, is hereby prohi.bited;
however, upon the completion of a ca11 or upon returning by the most direct
route to the nearest stand of the company employing a taxicab driver or the
regular stand of such driver, such taxi may, if hailed by a prospective passenger,
stop and pick up such passenger.
SECTION 40 : SOLICITING PATRONAGE:
It shall be unlawful for any taxicab driver to solicit by word,
signal, or sign, passengers upon any public street in the City, or in or
near any public place within the City.
SECTION 41 : MAINTENANCE OF FIXED PLACE OF BUSINESS:
� • Each holder of a franchise granted by the City shall maintain
at least one fixed place of business or location within the City on private
��
property at a place to be approved by the Chief of Police of the City.
SECTION42 : INSPECTION OF TAXICABS;
Before being allowed to operate upon the streets of the City,
each and every taxicab shall be inspected and approved by the Chief of
Police or his representatives. No taxicab shall be driven or operated upon
the streets of the City unless the same is in safe condition and free from
mechanical defects with particular reference to, but not limited to, lights,
brakes, tires and steering apparatus.
SECTION 43 : MA RK ING:
�
Ea�h and every taxicab operated upon the streets of the City
� shall have painted upon both sides of each taxica.b, the trade name of the
organization under whose franchise such taxicab is being operated and the
� number assigned to each taxicab by or under the direction of the City Secretary.
SECTION to Section : Reserved:
Section to Section , both inclusive, are hereby reserved for future use.
SECTION 44 ; TAXICAB DRIVER'S PERMIT REQUIRED.
It shall be unlawful for any person to drive or operate a
taxicab in the City without first having obtained a taxicab driver's permit from
the Chief of Police of the City, and without having a valid chauffer's license
issued by the Department of Public Safety of the State of Texas.
SECTION 45 ; APPLICATION FOR TAXICAB DRIVER'S PERMIT --
INFORMATION:
A written application for a taxicab driver's permit shall be filed and
k
� shall be upon a form obtained from the Chief of Police containing among other
matters, the following information:
A. A showing of the experience of the applicant in driving motor
vehicles, including public vehicles.
B. Whether or not the applicant ha s ever been convicted of a violation
of any Federal, State or Municipal Law and if so, the particulars of each
violation of which applicant may have been convicted.
C. Applicant's name, street address, age, sex, telephore number
and place of residence for the three years immediately preceding the date of
� �,.
such application.
D. The name of the taxicab operator for whom such driver proposes
�`"' to work.
E. Such other additional information as the Chief of Police, in his
discretion, may prescri.be on such form.
SECTION 46 : CERTIFICATES AND PHOGRAPHS TO ACCOMPANY
APPLICATION.
The application required by the preceding section shall be
accompanied by at least two photographs of the applicant taken within the last
preceding three months. Such application shall also be accompanied by a
� certificat�.on by at least three reputable persons personally acquainted with
t�e applicant, showing the applicant to be a persons of good moral character.
�
SECTION 47 : ADDITIONAL INVESTIGATION: PAYMENT OF FEE,
ISSUANCE OF PERMIT: TERMS,
If the Chief of Police deems it advisable, he shall make such
additional investigations of the .applicant as he deems necessary to ascertain
whether or not he is a fit and proper person to drive a taxicab in the City. If,
after examining such applicant and obtaining such information as he deems
advisable, the Chief of Police is satisfied that the applicant is a fit and proper
person to drive a taxicab in the City, then upon the payment of a fee of
Dollar ($ ) by the applicant, the Chief of Police shall cause
'""� to be issued to such applicant acpermit to drive taxicabs in the City. Each
permit issued shall expire on the 31st day of December following the date of
��
issuance.
SECTION 48 : FEES TO BE USED TO DEFRAY COSTS OF KEEPING
RECORDS.
The Dolla r ($ ) fee for a permit to drive a
taxicab is intended to defray a part of the costs of keeping the records in the
Police �epartment pertaining to taxicab drivers.
SECTION 49 : pERMIT, PICTURE, ETC. , TO BE DISPLAYED
The taxicab driver's permit shall be prominently displayed at
all times in full view of persons in the back seat of the taxicab being driven
�,: ,
by the permittee. Such permit shall have attached to it a picture of the
� permittee, his name, age, and such other information as may be deemed
proper by the Chief�,of`_Police.
SECTION 50 : S�7SPENSION, CANCELLATION AND REVOCATION
WITHIN DISCRETION OF THE CHIEF OF POLICE:
If at any time in the opinion of the Chief of Police, the public
interest, the public safety or the general welfare of the citizens of the City will
best be served by suspension or revocation of a taxicab driver's permit, the
Chief of Police shall suspend, cancel, or revoke such taxicab driver's permit.
No person whose driver's permit ha s been so suspended or revoked shall drive
�,,, any taxic�b in the City until and unless such perinit shall be reinstated by
� the Chief of Police, or he shall obtain a new taxicab driver's permit.
�
SECTION 51 : DA ILY MANIFEST.
Every driver of a taxicab shall maintain a daily manifest upon
which is recorded all trips made each day, showing the time and place of origin
and desfination of each trip and the amount of fare, and all such completed
manifests shall be returned to the owner of the taxicab by whom the driver is
employed at the conclusion of the driver's tour of duty for the day. It shall
be the duty of the franchise holder to furnish the forms for such manifest
record and to see that such manifest is l�ept daily by each driver.
SECTION 52 : EXISTING TAXICAB OPERATORS TO APPLY FOR
FRANCHISE.
Each taxicab operator in the City actually engaged in the
�
taxicab business under authority from the City Council of the City shall apply
to the City for a taxicab franchise within sixty (60) days from and after the
final passage of this ordinance. No public hearing shall be necessary in order
to grant a franchise for the number of taxicabs in actual operation by an
ex isting taxicab company.
SECTION 53 : PENALTY.
Any person violating or failing to comply with,any provision
of this ordinance shall be fined upon conviction not less than One Dollar nor
more than Two Hundred Dollars, and each day any violation or non-compliance
���
continues shall constitute a separate offense.
�. SECTION 54 : EXCEPTIONS AND EXEMPTIONS NOT REQUIRED
TO BE NEGATIVED.
In any complaint and in any act�bn or proceedings brought for
the enforcement of any provisions of this ordinance, it shall not be necessary
to negative any exception, excuse, proviso, or exemption, contained in this
ordinance, and the burden of proof of any such exception, excuse, proviso, or
exemption, shall be upon the defaidant.
SECTION 55 : CATCHLINES.
The catchlines of the several sections of this ordinance immediately
�,,, following each section number, or subsection letter or number are intended as
mere catchwords to indicate the con�nts of the section or subsection and shall
�
not be deemed or taken to be titles of such sections, nor as any part of the section,
nor, unless expressly so provided, shall they be so deemed when any of such
sections, including the catchlines, are amended or re-enacted.
SECTION 56 : SAVINGS CLAUSE.
It is hereby declared to be the intention of the City Council of
� the City of Grapevine, that the sections, paragraphs, sentences, clauses and
� phrases of this ordinance are severable and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be d�clared unconstitutional,
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 incorporation
in this ordinance of any such unconstitutional or invalid phrase, clause,
sentence, paragraph or section.
SECTIDN: 57 : EMERGENCY.
� The fact that the present ordinance and regulations of the City
are inadequate to properly control the operation of taxicabs, taxicab drivers
� and the granting of taxicab franchises in the City creates an emergency for
the preservation of the public business, property, health, safety and general
welfare of the public which requires that this ordinance shall become effective
from and after the date of its passage as provided by the Charter of the City, and
it is accordingly so ordained,
PASSED AND APPROVED
this the 14thday of NOVEMBER . 19 74 .
�
�
.,
OR
ATTEST:
ity ecre ry
APPROVED AS TO FORM:
City Attorney -