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Home My WebLink AboutORD 2005-072 . ORDINANCE NO. 2005-72 ,�� _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ADOPTING REGULATIONS FOR TOURING AND SIGHTSEEING SERVICES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine is authorized to regulate the passage of motor vehicles within the City, including but not limited to vehicles performing touring and sightseeing services; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City Council determines that the passage of this Ordinance is in ° �" the best interests of the health, safety, and welfare of the public. � � NOW, THERFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the following regulations of touring and sightseeing services are hereby adopted to read as follows: "Touring and Sightseeing Services. A. Definitions Touring and sightseeing service consists of a prearranged or scheduled service transporting passengers from points of origin to multiple points of public interest within the city, including an historic structure or area, a scenic or natural feature, and other cultural sites, and returning to the points or origin. 6. Permit required. No person, firm or corporation shall, in the City of Grapevine, operate a touring and sightseeing service upon any public way within the City limits of the City of Grapevine, ,e. �{ except upon receipt of a permit in accordance with the provisions of this ordinance. C. Any person seeking to operate a touring and sightseeing service upon any public way within the City limits of the City of Grapevine shall file an application with the r Chief of Police. An application may be filed in person, by United States mail, or by a document delivery service, and shall include the following: 1. A description of the type and scope of services to be provided. 2. The proposed route and schedule for the services. 3. Listing and proof/evidence of the following required licenses: a. State of Texas Vehicle Registration b. State of Texas Vehicle Inspection c. United States Coast Guard Certification d. Texas Parks & Wildlife Registration e. Texas Boater education program completion by all crew members f. Insurance coverage set forth below: Tvpe of Insurance Limit (in $ millions) General Liability (including Agreementual liability) General Aggregate 2 Prod./Comp. Op. Agg. written on an occurrence basis 1 Personal & Adv. Injury 1 Each Occurrence 1 Automobile Liability, including any auto, hired auto and 1 Combined Single Limit non-owned autos Excess Liability, Umbrella Form Each Occurrence 2 Aggregate 2 Workers' Compensation and Employer's Liability Each Accident .5 4. A permit application fee of$250.00. D. Permit Approval. The City Council has final approval authority for any application under this ordinance. In approving an application, the City Council retains the ability to limit, restrict, and/or �� define the route for the service. A permit shall be valid for a period of one (1) year, unless otherwise suspended or cancelled. �,.,� ORD. NO. 2005-72 2 E. Service Requirements 1. A permit holder under this ordinance must adhere to all applicable g " laws, rules, and regulations, including but not limited to the City of Grapevine Code of Ordinances and this ordinance. 2. A permit holder shall so operate any such vehicle only between such termini and over such route and with such stopping places as shall be specified by the City Council in the permit, and except in case of emergency, the permitee shall not deviate from the specifications of said license without the approval of the City Council. 3. The schedule of operation filed by the permitee shall provide for the regular operation of the vehicles between the termini and over the route designated in the permit. The permitee shall regularly operate a vehicle in substantial accordance with the schedule of operation filed and in effect at the time, except in cases of accident, breakdown, or other controlling emergency, shall operate such vehicle to the terminus of the route before turning around, and shall not operate nor permit to be operated any such vehicle off or away from the route stated and fixed in the permit for the operation of such motor vehicle except in case of controlling emergency. 4. No person operating any vehicle so permitted shall collect fares, make change or take on or discharge passengers while such vehicle is in motion; nor shall he have a lighted cigarette, cigar or pipe in his possession while any z �# passenger is being carried therein, nor drink any intoxicating beverage or use morphine, cocaine, opium or other harmful drug of any kind, or be under the influence thereof while engaged in operating such vehicle. F. The City may, at the discretion of the City Manager, suspend any permit under this ordinance for failure to adhere to these provisions. In the event of permit suspension, the permit holder may appeal such suspension to the City Council by filing a written appeal with the City Manager not later than ten (10) days after the suspension of the permit. The decision of the City Council shall be final. Failure to timely appeal a permit suspension shall result in the cancellation of such permit." Section 3. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas, shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding not guilty or nolo contendere, or dismissal. 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 in a sum not to exceed Two Hundred Dollars ($200.00) and a separate offense shall be deemed �� committed upon each day during or on which a violation occurs or continues. ORD. NO. 2005_72 3 Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance is held invalid or ,��.,TM unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of September, 2005. APPROVED: ��-.� William D. Tate il�ayor _.:__� ATTEST: Linda Huff City Secretary APPROVED AS TO FORM: , .,�� ; � � � .� � ._ �; ,�, a -"�. Matthew Boyle City Attorney � ORD. NO. 2005-72 4