HomeMy WebLinkAboutORD 1986-049 ORDINANCE NO. 86-49
AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS
AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES
RELATING TO TAXICABS, BY AMENDING CHAPTER 22 IN
ITS ENTIRETY; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED THE SUM OF
TWO HUNDRED DOLLARS ($200.00) AND A SEPARATE
OFFENSE SHALL BE DEEMED TO BE COMMITTED UPON
EACH DAY DURING OR ON WHICH A VIOLATION OCCURS;
'""�"� AND PRESERVING RIGHTS IN PENDING LITIGATION AND
VIOLATIONS UNDER EXISTING ORDINANCES; DECLARING
AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
�
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GRAPEVINE, TEXAS:
Section 1. That Chapter 22 of the Code of Ordinances of the City of
Grapevine, Texas is amended in its entirety to read as follows:
"ARTICLE I. GENERAL PROVISIONS
SEC. 22-1.1. STATEMENT OF POLICY.
It is the policy of the city of Grapevine to provide for and to promote
adequate and efficient taxicab service in the city. To this end, this chapter provides
for the regulation of taxicab rates and services, to be carried out in a maruier that
protects the public health and safety, promotes the public convenience and
necessity, and respeets the concept of free enterprise.
SEC. 22-1.2. GENERAL AUTHORITY AND DUTY OF DIRECTOR.
The director shall implement and enforce this chapter and may by written
order establish such rules or regulations, not inconsistent with this chapter, as he
determines are necessary to discharge his duty under, or to effect the policy of this
� chapter.
�.M:� SEC. 22-1.3. ESTABLISHMENT OF RULES AND REGULATIONS.
(a) Before adopting, amending, or abolishing a rule or regulation, the
director shall hold a public hearing on the proposal.
(b) The director shall fix the time and place of the hearing and in
addition to notice required under Article 6252-17, Vernon's Texas Civil Statutes,
shall notify each holder and such other persons as the director determines are
interested in the subject matter of the hea.ring.
(c) After the public hearing the director shall notify the holders and
other interested persons of his action and shall post an order adopting, amending, or
abolishing a rule or regulation on the official bulletin board in the city hall for a
period of not fewer than 10 days. The order becomes effective immediately upon
e�iration of the posting period.
(d) In the event the franchise holder disagrees with the director's order,
the franchise holder may appeal to the City Manager within 10 days.
SEC. 22-1.4. EXCLUSIONS.
,�.A
This chapter does not apply to: •
(1) the transportation of a person by taxicab licensed by another
governmental entity from a point outside the city to a destination inside the city, if
"'�°' the taxicab leaves the city without receiving a passenger inside the city;
(2) a ta.�cicab service operated under state or federal authority unless the
service is subject to the city's regulatory authority; or
(3) a motor vehicle used to transport persons for hire that is regulated by
other city ordinance.
SEC. 22-1.5. DEFINITIONS.
The definition of a term in this section applies to each grammatical variation
of the term. In this chapter, unless the context requires a different definition:
(1) APPLICANT means a person applying for a franchise under this
chapter, or a person applying for a taxicab driver's license under Article IV, as the
context may require.
�° �� (2) CONTROL means the ownership or possession, directly or indirectly
through any person, of fifty percent (50%) or more of the equity or voting power of
a person
��� (3) CONTROL PERSON means any person, or group of persons; which is
a general pertner of director or trustee, an applicant or holder or whieh c6ntrols an
applicant or a holder.
(4) CONVICTION means a eonviction in a federal eourt or a court of any
state or for�ign nation or political subd.ivision of a state or foreign nation that has
not been reversed, vacated, or pardoned.
(5) CR.UISING means any movement of unoccupied taxicabs over the
streets of the city except in the following instances:
(1) Unoccupied taxicabs proceeding to answer a request for
taxieab serviee by prospective passengers;
(2) Unoccupied taxicabs returning by the most direct route to
the location where such taxieab is eustomarily kept or to the taxi stand of
the operator of the taxicab nearest to the place of discharge of its last
passenger;
(3) Unoccupied taxicabs moving over public streets by the most
direct route to a gara,ge or other place for automotive repairs or for the
'"' purpose of being repaired or stored.
� (6) DEPARTMENT means the Department of Police of the City of
Grapevine.
(7) DIRECTOR means the Chief of Police of the Department and
includes representatives, agents, or department employees designated by the
direetor.
(8) DR.IVER means an individual who drives or operates a taxicab.
(9) FRANCHISE means an agreement between the city and another
person, under which the other person is granted the privilege of operating a taxicab
serviee inside the eity for a specific period of time and in aceordance with this
chapter, as the same may be amended from time to time, and the specifie terms and
eonditions of the agreement.
(10) HOLDER means a person who is granted a franchise under this
ehapter. If the context in which the term is used applies to operations under a
reciprocal agreement the term "holder" includes a person who is granted a
reciprocal agreement.
(11) LEGAL RESIDENT means a citizen of the United States or a person
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residing in the United States in accordance with federal immigration laws.
(12) OPERATE means to drive or to be in control of a taxicab.
�.. (13) OPERATING AUTHORITY means a franchise or reciprocal
agreement granted under this chapter.
(14) OPERATOR means the driver of a taxieab, the owner of a taxicab or
the holder of a taxicab operating authority.
(15) OWNER means the person to whom state license plates for a vehicle
were issued.
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(16) PERSON means an individual, corporation, government or
governmental subdivision agency, trust, partnership, or two or more persons having a
joint or common economic interest.
(17) RECIPROCAL AGREEMENT means an agreement between the city
and one or more political subdivisions to provide reciprocal operation of taxicabs.
(18) TAXICAB means a chauffeured motor vehicle with a rated passenger
,�..� capacity of eight or less, used to transport persons for hire that typically opera.tes
on irregular routes, irregular schedules, and a call and demand basis, but not
including limousines or other special service vehicles.
"""°� (19) TAXICAB DRIVER'S LICENSE means a license issued to an jndividual
by the director authorizing that person to operate a taxieab in the city. �
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(20) 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 opera.ted, taxicabs used in the
operation, and a person who owns, eontrols, or opera.tes the service.
(21) TAXICAB STAND means a publie place reserved exclusively for use
by taxicabs.
(22) TAXIMETER means a device that meehanically or electronically
eomputes a fare based upon the distance traveled, the time the taxicab is engaged,
and any other basis for charges which are specified in the operating authority
pertairung to the holder.
AR,TICLE II. OPER.ATING AUTHOR.ITY
SEC. 22-2.1. OPERATING AUTHORITY REQUIRED.
(a) A person may not operate a taxicab service inside the city without
.� operating authority granted under this chapter, nor may a person transport a
passenger for hire inside the city by taxicab unless the person driving the taxicab or
another who employs or contraets with the driver has been granted operating
'� ` authority under this chapter.
(b) A person shall not engage or hire a taxicab which he luiows does not
have operating authority from the city.
� SEC. 22-2.2. TRANSFER.ABILITY OF OPERATING AUTHORITY.
(a) A franchise, or eontrol of a franchise, may not be transferred to
another person unless the holder files a written application for the transfer in the
manner and contaning the information preseribed by the director, and the transfer
application is approved by the city eouncil.
(b) A reeiprocal agreement is not transferable.
SEC. 22-2.3. FRANCHISE GRANTED BY CITY COUNCIL; SERVICE REQUIRE-
MENTS.
(a) Before a franchise is granted, the application for the franehise must
be approved by the city eouneil. The granting of a franchise is in the diseretion of
the city couneil, but will not be granted unless:
� � (1) the proposed taxicab service is required by the public
convenience and necessity and
� (2) the applieant is fit, willing, and able to operate the taxicab
serviee in accordance with the requirements of this chapter, rules and
regulations of the director, provisions of the franehise, and other applicable
law.
(b) The holder of franchise must provide a taxicab service to the entire
eity. A franchise may not be granted for a period longer than 5 years.
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SEC. 22-2.4. APPLICATION FOR FRANCHISE.
Any person desiring a franchise to opera,te a taxicab service in the city shall
file with the director a written application requesting a franchise. S�ch application
shall be filled out and filed on forms to be furni.shed by the director, shall be
verified by the oath of the applicant and shall give, among other details, the
following information:
(1) The name, age and residence of the applicant, if a natural
r� _� person. If the applicant is a partnership, the name, age and residence of a11
partners, general, special, and limited. If the applicant is a corporation, its
name, date and place of business, the names and residences of all its officers
and directors, the names and residences of each stockholder owning ten (10)
�`� percent or more of the total issued capital stock, and showing the percentage
of the total issued capital stock owned by each of them, the total aitfount and
nature of its authorized capital stock, the amount thereof fully paid up, as
well as a duly certified copy of its charter and bylaws, and further, if the
applicant is a foreign eorporation, a duly certified eopy of its permit to do
business in Texas.
(2) The length of time the applicant has been a resident of the
eity and the eounty.
(3) The trade name, if any, under whieh the applicant proposes to
opera.te.
(4) The make, type, model, eapacity and condition of each
taxicab proposed to be operated; the design and color schemes of each
taxicab and the lettering and marizs to be used thereon.
(5) The address of the plaee of business from which the applieant
proposes to operate.
(6) The number of taxieabs for which a taxieab permit (Section
*� 22-7.5) is desired.
(7) An actual or pro forma ineome statement of the applicant
�`� and balance sheets showing the assets, liabilities and equity of the applicant
and any control persons all in such form, and for such periods, as the director
may require.
(8) A full list of any unpaid judgment of record against the
applicant.
(9) A full list of all convictions of the applicant for violations of
all federal, state or municipallaws.
(10) A full list of all liens, mortgages and other encumbrances of
taxicabs. Such list shall include the amount seeured by lien, mortgage or
other encumbrance, the amount then due thereon, and the character of such
lien, mortgage or other encumbranees.
(11) Full information pertaining to the extent, quality and
character of the service that appiicant proposes to render.
(12) Facts showing the demand, need, and necessity for such
service.
� a� (13) Full and complete statement of the experience, if any, the
applicant and its control persons have had in rendering such service in the
eity or elsewhere.
�
(14) Identification and description of any revocation or suspension
of a taxicab franchise or permit held by the applicant or its eontrol persons
before the date of filing the application.
(15) A deseription of the proposed insignia and color seheme for
the applicant's taxicabs and description of the distinctive item of apparel or
item placed on the apparel to be worn by the applicant's taxieab drivers.
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(16) Documentary evidence from an insurance company,
authorized to do business in the State of Texas indicating a willingness to
provide liability insurance required by this chapter.
(17) Documentary evidence of payment of ad valorem taxes on
the property to be used in eonnection with the operation of the proposed
taxicab service.
(18) Such add.itional information as the director or city council
"�"m eonsiders necessary to assist or promote the implementation or enforcement
of this chapter or the protection of the public safety.
�� SEC. 22-2.5. FftANCHLSE - INVESTIGATION OF APPLICATION AND APPR,OVAL.
(a) After receiving any application for a taxicab franehise, th� direetor
shall make or cause to be made by the department, such investigation as he may
consider necessary. The director shall make findings of fact as to whether or not
the publie neeessity and eonvenience require 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 sueh service to the public.
(b) In determining whether or not a franchise should be issued, the city
council shall consider, among other things, the following items:
(1) Probable permanency and quality of the service offered by
the applicant, the experience it, and its control persons, have had in
rendering such service in the city, or similar service elsewhere and the past
record and experienee of the applicant and its eontrol persons in adjusting
claims and paying judgments, if any, to claimants.
(2) The finaneial ability of the applicant and its eontrol persons
to respond in damages to elaims or judgments arising by reason of injury to
persons or damage to property resulting from the opera.tion of a taxicab.
"� (3) The character and condition of the taxicabs to be used.
�. .: (4) The character and past record of the applicant and its control
persons.
(5) The number of taxicabs presently in opera.tion in the city.
(6) The public transportation needs of the city and the adequacy
of existing transportation serviees, including existing holders, to meet those
needs.
(7) Whether existing holders can render the proposed additional
taxicab service more efficiently or effectively than the applicant.
(8) The effect of the proposed additional taxicab service on
traffic conditions, taxicab drivers working eonditions and wages, and existing
holders and public mass transportation serviees.
(c) The applicant for a franchise has the burden of proving that the
public convenience and necessity require the proposed taxicab service and that the
applicant and its control persons are qualified and finaneially able to provide the
serviee proposed in the application.
� . (d) Within a reasonable time following the date of application, the
direetor shall report in writing his findings of fact and recommendation to the city
manager for transmittal to the city council. The City council shall hold a public
hearing to consider whether a franchise should be granted.
+�,��
SEC. 22-2.6. RECIPROCAL AGKEEMENT.
Upon approval of the city council, the director may enter into a reciprocal
agreement with one or more political subdivisions to provide reciprocal operation
and mutual regulation of taxicab service between the city and other political
subdivisions.
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SEC. 22-2.7. GRANT OF FRANCHISE.
(a) Upon approval of an application for a franchise by the city council,
the franchise will be granted containing such terms or conditions as are included by
the city council. Unless the ordinance granting the franchise expressly indicates
otherwise, the provisions of this chapter that apply to a franchise or franchise
holder, as the same may be amended from time to time, shall be deemed to be a
part of each franchise, the same as if the provisions of this ehapter were expressly
,� .. ineluded in the ordinanee granting the franchise.
(b) Before any opera.tion of a taxicab business may commence, the
person to whom a taxicab franchise has been granted or transferred by the city shall
'�"°" aecept such franchise or transfer of same in writing, and file with the �irector a
statement in substantially the following form: "I hereby accept the taxicab
franchise granted to me by the city couneil and hereby agree to operate satd taxicab
service in accordance with the terms and conditions of sueh franchise."
(c) Eaeh franchise granted shall be prominently displayed at times at the
prineipal place of business of the opera.tor to whom such franehise is granted.
SEC. 22-2.8. AMENDMENT, SUSPENSION, AND REVOCATION OF OPERATING
AUTHORITY.
(a) AMENDMENT. A franehise is amendable with the approval of the
city eouncil, or under any applieable conditions specified in the ordinance granting
the franchise.
(b) SUSPENSION AND REVOCATION OF A FRANCHISE. The following
regulations apply to the suspension or revocation of a franehise.
(1) The director may suspend or revoke a franchise if it
determines that the holder or any of its control persons has:
� (A) failed to comply with a correction order issued to
the holder by the director, within the time specified in the order;
� ~ (B) intentionally or lrnowingly impeded the department or
other la.w enforcement agency in the performanee of its duty or
execution of its authority;
(C) failed to eomply with this chapter;
(D) been finally convicted for violation of another city,
state, or federal, law, whieh violation reflects unfavora,bly on the
fitness of the holder to perform a public transportation serviee;
(E) substantially breached the terms of the franehise.
(F) failed to pay city ad valorem taxes on any property
of the holder used directly or indirectly in eonneetion with the
taxicab service;
(G) failed to pay a franehise fee at the time it was due; or
(H) failed to maintain insuranee, or provide evidence of
renewal, as required by Section 22-4.4.
,�.:> (2) A suspension of a fra.nehise does not affeet the expiration
date of the franchise.
� (3) After revocation of a franchise, a holder is not eligible for a
franchise for a period of two years.
REINSTATEMENT: After suspension of a franchise, a holder may file an
appeal with the city manager in accordanee with Section 22-8.5. The director sha11
inspect the operation of the suspended holder to determine if the deficiency causing
the suspension has been corrected by the holder. After inspection, the director sha11
submit his recommendation together with supporting acts to the city manager. The
city manager may, as he determines is appropriate, reinstate the franchise, deny
reinstatement or modify the terms of the suspension.
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SEC. 22-2.9. FRANCHLSE FEES.
(a) As 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 carcying 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 chapter shall pay to the city at the office of the
direetor an amount equivalent to two (2) percent of the gross revenues derived from
the opera.tion of the taxicabs operated by him. Such amount shall be paid monthly
�a� for each calendar month on or before the fifteenth day of eaeh succeeding calendar
month. Such eompensation shall be in lieu of all other fees for the operation of
taxicabs imposed by any other ordinance now in force, but shall not be construed to
be in lieu of any licensing and inspection fees provided by this chapter or an� validly
assessed ad valorem taxes. .
�
(b) Each holder of a franchise shall file with the director a sworn
statement showing all receipts for each calendar month, and such other supporting
information as the direetor may require, and the sworn statement shall be filed on
or before the fifteenth day of the succeeding calendar month.
(c) The holders of taxicab franehises shall install and accurately and
correctly keep a system of books which shall accurately reflect all receipts from the
operation of taxicabs. Each system of bookkeeping of each holder of a franehise
shall be approved by the director.
(d) Upon report to the city council of the failure of any holder of a
franehise to file with the direetor a sworn statement showing all of the receipts
from taxicab opera.tions for the preceding calendar month on or before the fifteenth
day of each month, or upon report to the city council of failure of any holder of a
franchise to pay an amount equivalent of two (2) pereent of the gross revenues
derived From the opera.tion of public taxicabs for the preceding calendar month on
or before the fifteenth day of any 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 eity council at a regular meeting that such omission or default has been
eorrected.
� ,
SEC. 22-2.10. NUMBER OF TAXICABS AUTHORIZED.
The director may make studies and surveys concerning the public convenience
and neeessity and may, from time to time, prescribed the number of taxicabs
authorized for, and operated by a holder in order to adequately provide ta�cab
service in the city.
SEC. 22-2.11. 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 limits of the City of Grapevine,
Texas, at a place to be approved by the director.
SEC. 22-12. SPECIAL PROVISIONS OF OPERATING AUTHORITY.
This chapter governs the operation of taxicabs and taxicab service under each
form of operating authority. This chapter, however, is not a limitation on the power
of the eity council to ineorpora.te in a gr�nt of opera.ting authority special provisions
relating to the opera.tion of the taxicab service under the grant. To the extent that
a special provision confliets with this chapter, the special provision controls.
�. :.
ARTICLE III. TAXICAB DRIVER'S LICENSE
�=m SEC. 22-3.1. TAXICAB DRIVER'S LICENSE REQUIRED
(a) A person may not drive a taxicab inside the city unless he has a valid
taxicab driver's lieense issued to him under this article, except when authorized in a
reciprocal agreement.
(b) A holder shall not employ or contract with a driver or otherwise
allow a person to drive for hire a taxicab owned, eontrolled, or opera.ted by the
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holder unless the person has a valid taxica.b driver's license issued to him under this
artiele, except when authorized in a reciprocal agreement.
SEC. 22-3.2. QUALIFICATION FOR. TAXICAB DRIVER'S LICENSE.
(a) To qualify for a taxicab driver's license, an applicant must:
(1) be at least 19 years of age;
� � (2) be a legal resident of the United States;
(3) hold a valid ehauffeur's license issued by the State of Texas;
�'� (4) be able to communicate in the English language; �
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(5) not be afflieted with a physical or mental disease or
disability that is likely to prevent him from exercising ordinary and
reasonable control over a motor vehicle or that is likely to otherwise
endanger the publie health or safety;
(6) not have been convicted of more than four moving traffie
violations arising out of separate transactions, or involved in more than two
automobile aecidents in which it could be reasonably determined that he was
at fault, within any 12-month period during the preceding 36 months;
(7) not be under indietment for or have been convicted of a
crime:
(A) involving:
(i) eriminal homieide as defined in Chapter 19
of the Texas Pena1 Code;
(ii) kidnapping as defined in Chapter 20 of the
� Texas Penal Code;
,� (iii) a sexual offense as defined in Chapter 21 of
the Texas Penal Code;
(iv) an assaultive offense as defined in Chapter
22 of the Texas Penal Code;
(v) robbery as defined in Chapter 29 of the
Texas Penal Code;
(vi) burglary as defined in Chapter 30 of the
Texas Pena1 Code, except burglary of a coin-opera.ted
machine;
(vii) theft as defined in Chapter 31 of the Texas
Penal Code, except theft of service, theft of trade secrets,
tampering with identification numbers, unauthorized use of a
television decoding and interception device, and
manufacture,'sale or distribution of a television deeoding and
interception device;
(viii) fraud as defined in Chapter 32 of the Texas
Penal Code, but only if the offense was committed against a
�' ' person with whom the applicant eame in contact because of
his occupation as a taxicab driver;
�, (ix) tampering with a governmental record as
defined in Chapter 37 of the Texas Pena1 Code;
(x) public indeeency (prostitution or obscenity)
as defined in Chapter 43 of the Texas Penal Code;
(xi) the transfer, carrying, or possession of a
weapon in violation of Chapter 46 of the Texas Penal Code;
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(xii) a violation of the Dangerous Drugs Act
(Article 4476-14, Vernon's Texas Civil Statutes);
(xiii) a violation of the Controlled Substances Act
(Article 4476-15, Vernon's Texas Civil Statutes); or
(xiv) criminal attempt to commit any of the
offenses listed in Subdivision (7)(A)(i)-(xiii) of this subsection;
„�.� (B) for which:
(i) less than two years have elapsed sinee the
� date of conviction or the date of release from copfinement
imposed for the conviction, whichever is the later date, if the
applicant was convieted of a misdemeanor offense; �
(ii) less than five years have elapsed since the
date of convietion or the date of release from confinement
for the convietion, whichever is the later date, if the
applicant was convicted of a felony offense; or
(iii) less than five years have elapsed since the
date of the last conviction or the date of release from
confinement for the last eonviction, whiehever is the later
date, if, within any 24-month period, the applicant has two or
more convictions of any misdemeanor offense or eombination
of misdemeanor offenses;
(8) not have been convicted of, or discharged by probation or
deferred adjudication for, driving while intoxieated:
(A) within the preceding 12 months; or
(B) more than one time within the preceding 7 years;
,�,.. ,,
(9) not have eriminal charges pending for an offense for driving
�,.�,
while intoxieated;
(10) not be addicted to the use of aleohol or nareotics;
(11) be subject to no outstanding warrants of arrest;
Q2) be sanitaiy and well-groomed in dress and person as to be
determined by the Director;
(13) be reeommended by a holder; and
(14) have successfully completed within the preceding 12 months
a defensive driving eourse approved by the National Safety Council and be
able to present proof of eompletion.
(b) An applicant who has been eonvicted of an offense listed in
Subseetion (a)(7) or (8) for which the required time period has elapsed since the date
of conviction or the date of release'from confinement imposed for the conviction,
may qualify for a taxicab driver's license only if the direetor determines that the
applicant is presently fit to engage in the oecupation of a taxicab driver. In
determining present fitness under this section, the direetor shall eonsider the
following:
,,�; ..,
(1) The extent and nature of the applicant's past criminal
activity.
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(2) the age of the applicant at the time of the commission of the
crime;
(3) the amount of time that has elapsed since the applicant's last
eriminal activity;
(4) the conduct and work activity of the applicant prior to and
following the criminal activity;
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(5) evidence of the applicant's rehabilitation or rehabilitative
effort while incarcerated or following release; and
(6) other evidence of the applicant's present fitness, including
letters of recommendation from prosecution, law enforcement, and
correctional officers who prosecuted, arrested, or had custodial responsibility
for the applicant; the sheriff and chief of police in the community where the
applicant resides; and any other persons in contact with the applicant.
�> (e) It is the responsibility of the applicant, to the extent possible, to
secure and provide to the director the evidence r�quired to determine present
fitness under Subsection (b) of this seetion.
�
(d) As additional qualifieations for a taxieab driver's license, the
director may require each new applicant to: '
(1) pass an examination given by the department that tests the
applicant's l�owledge of:
(A) traffie laws;
(B) a driver's duties under this ehapter;
(C) department regulations;
(D) the geography of the eity; and
(E) the English language.
(2) suecessfully eomplete a training couise approved by the
director which provides three hours of classroom instruction in each of the
following areas:
� ..
(A) taxicab rules and regulations;
B) geography of the city and surrounding areas and use
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of a map; and
(C) public relations and communication skills.
(e) When the director has reason to believe that a taxicab driver is in
need of tra.ining or instruction with respect to:
(A) traffic laws;
(B) a driver's duty under this chapter;
(C) department regulations; or
(D) the geography of the eity;
the director may require the driver to successfully complete a training course
approved by the director. The deeision of the director to require a training course
under this subsection may be appealed in accordance with Section 22-3.11 of this
article. .
SEC. 22-3.3. APPLICATION.
"�' " (a) To obta.in a taxicab driver's lieense or renewal of a taxieab driver's
license a person must file a completed written application with the department on a
form provided for the purpose. The director shall require each application to state
� such information as he eonsiders necessary to determine whether an applicant is
qualified.
(b) The application for a driver's permit shall be aeeompanied by at least
two (2) photographs of the applicant taken within the last preceding three (3) months.
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SEC. 22-3.4. INVESTIGATION OF APPLICATION.
(a) For the purpose of determining qualification under Section 22-3.2,
the director may require an applicant to submit to a physical examination at
applicant's expense conducted by a licensed physician and to furnish to the director
a statement from the physician which certifies that the physician has examined the
applicant and that in the physician's professional opinion the applicant is qualified
under Section 22-3.2.
,�-� (b) Upon request of the director, the department shall investigate each
applicant and furnish the director a report concerning applicant's qualification under
Section 22-3.2. The direetor shall obtain a eopy of the applicant's motor vehicle
� driving record and a list of any warrants of arrest for the applicant which=might be
outstanding. �
.
(c) The d.irector may conduct such other investigation as he eonsiders
necessary to determine whether an applicant for a taxicab driver's license is
quali�ed.
SEC. 22-3.5. LSSUANCE AND DENIAL.
(a) If the director determines that an applicant is qualified, he shall issue
a license to the applicant upon the payment of a fee of fifteen dollars ($15.00) by
the applicant. The fee for a license to drive a taxieab is intended to defra.y a part
of the costs of keeping the records in the police department pertaining to taxicab
drivers.
(b) The director may deny the application for a taxicab driver's license if
the applicant:
(1) is not qualified under Section 22-3.2;
(2) refuses to submit to or does not pass a medical or other
examination authorized under Section 22-3.4; and
,�, ,
(3) makes a false statement of a material fact in his application
�.��
for a taxicab driver's license.
(c) If the direetor determines that a license should be denied the
applieant, the director shall notify the applicant in writing that his application is
denied and include in the notice the reason for denial and a statement informing the
applicant of his right of appeal.
SEC. 22-3.6. EXPIRATION OF TAXICAB DR,IVER.'S LICENSE; VOIDANCE UPON
SUSPENSION OR REVOCATION OF STATE DRIVER'S LICENSE.
(a) A taxieab driver's license expires on the 31st day of December of each year.
(b) If a licensee's state ehauffeur's license is suspended or revoked by
the state, his taxicab driver's license automatically becomes void. A licensee shall
notify the director and the holder for whom he drives within three days of a
suspension or revocation of his chauffeur's lieense by the state and shall
immediately surrender his taxicab driver's license to the director.
SEC. 22-3.7. DUPLICATE LICENSE. .
If a taxicab driver's license is lost or destroyed, the director shall issue the
licensee a duplicate license upon payment to the City of a duplicate lieense fee of
*� . $15.00.
SEC. 22-3.8. DISPLAY OF LICENSE.
� The ta.xicab driver's license 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 attaehed to it a picture of the lieense, his name, age, and such
other information as may be deemed proper by the director.
SEC. 22-3.9. SUSPENSION BY DESIGNATED REPR,ESENTATIVE.
(a) If a representative designated by the director to enforee this chapter
determines that a licensee has failed to comply with this ehapter (except Seetion
22-3.2) or a regulation established under this ehapter, the representative may
0130X
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suspend the taxicab driver's license for a period of time not to exceed three days by
personally serving the licensee with a written notice of the suspension. The written
notice must include the reason for suspension, the date the suspension begins, the
duration of the suspension and a statement informing the licensee of his right of
appeal.
(b) A suspension under this section may be appealed to the director or his
assistant if the licensee requests an appeal at the time the representative serves
notice of suspension. When appeal is requested, the suspension may not take effect
,.�� until a hearuig is provided by the direetor or his assistant.
(c) The director may order an expedited hearing under this seetion, to be
,� held as soon as possible after the licensee requests an appeal. The director may
affirm, reverse or modify the order of the representative. The decision of the
director is final. �
SEC. 22-3.10. SUSPENSION AND REVOCATION.
(a) If the director determines that a licensee has failed to comply with
this chapter (except Section 22-3.2) or a regulation established under this chapter,
the director may suspend the taxicab driver's license for a definite period of time
not to exeeed 60 days.
(b) If at any time the director determines that a lieensee is not qualified
under Section 22-3.2, the director shall suspend the taxicab driver's license until
such time as the director determines that the licensee is qualified.
(e) A licensee whose taxicab driver's license is suspended shall not drive
a taxicab for hire inside the city during the period of suspension.
(d) The director shall notify the licensee in writing of a suspension under
this section and include in the notice the reason for the suspension, the date the
director orders the suspension to begin, the duration of the suspension or, if
applieable, the requirements of reinstatement under Subsection (b), and a statement
� °� informing the licensee of his right of appeal. The period of suspension begins on the
date specified by the director or, in the case of an appeal, on the date:ordered by
�,_,
the appeal hearing officer.
(e) The director may revoke a taxicab driver's license if the director
determines that the licensee:
(1) opera.ted a taxicab inside the city during a period in which his
taxicab driver's license was suspended;
(2) made a false statement of a material fact in his application
for a taxicab driver's lieense;
(3) engaged in conduct that constitutes a ground for suspension
under S�bsection (a), and received either a suspension in excess of three days
or a eonvietion for violation of this chapter, two times within the 12-month
period preceding the occurrence of the conduet or three times within the
24-month period preeeding the occurrenee of the conduct;
(4) engaged in conduct that could reasonably be determined to be
detrimental to the public safety; or
(5) failed to eomply with a eondition of a probationary permit.
^� ° (f� A person whose taxicab driver's license is revoked shall not:
(1) apply for another taxieab driver's license before the
�,,,,� expiration of 12 months from the date the director revokes the license or, in
the case of an appeal, the date the appeal hearing offieer affirms the
revocation; or
(2) drive a taxicab for hire inside the city.
(g) The director shall notify the licensee in writing of a revocation and
include in the notice the reason for the revocation, the date the director orders the
revocation, and a statement informing the licensee of his right of appeal.
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(h) After receipt of notice of suspension, revocation or denial of license
renewal, the licensee shall, on the date specified in the notice, surrender his taxicab
driver's license to the director and diseontinue driving a taxicab for hire inside the
city.
(i) Notwithstanding Subsections (c) and (b), if the licensee appeals the
suspension or revocation under this section, the licensee may continue to drive a
taxicab for hire pending the appeal unless:
,�..., (1) the licensee is not qualified under Section 22-3.2;
(2) the director determines that eontinued operation by the
.�,.,.>
licensee would impose an immediate threat to public safety; or
(3) the licensee is not covered by insurance meeting the
requirements of Seetion 22-4.4.
SEC. 22.-3.11. APPEAL.
(a) A person may appeal a denial of a taxicab driver's license
application, suspension of a taxicab driver's license under Section 22-3.10 ,
revocation of a taxicab driver's license, or a requirement to take a training course
under Section 22-3.2(e), if he requests an appeal in writing delivered to the eity
manager not more tha.n 10 business days after notice of the director's action is
received.
(b) The city manager or his designated representative shall act as the
appeal hearing officer in an appeal hearing under this section. The hearing officer
shall give the appealing party an opportunity 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 hearing officer shall make his ruling on the basis
of a preponderance of the evidence presented at the hearing.
(c) The hearing officer may affirm, modify or reverse all or part of the
� . action of the director being appealed. The decision of the hearing officer is final.
�..;..�
SEC. 22-3.12. FALSIFYING OF A LICENSE.
A person commits an offense if he:
(1) forges, alters or counterfeits a taxicab driver's license, badge,
sticker or emblem required by law; or
(2) possesses a forged, altered or counterfeited taxicab driver's lieense,
badge, sticker or emblem required by law.
SEC. 22-3.13. CURRENT MAILING ADDRESS OF LICENSEE.
An individual issued a taxicab driver's license shall maintain a current
mailing address on file with the director. The licensee shall notify the director of
any change in the mailing address within five business days of the change. Whenever
a driver is terminated, removed or for some reason has left the employ of the
holder, the holder shall give written notice to the director within 5 business days
indieating the date of such departure. `
ARTICLE IV.
MISCELLANEOUS HOLDER AND DRIVER REGULATIONS.
� ri
SEC. 22-4.1. HOLDER'S AND DRIVER'S DUTY TO COMPLY.
� (a) HOLDER. In the operation of a taxicab service a holder shall comply
with the terms and conditions of the holder's operating authority and, except to the
extent e�cpressly provided otherwise by the operating authority, shall eomply with
this ehapter, regulations established under this chapter, and other law applicable to
the operation of a taxieab service.
(b) DRIVER. While on duty, a driver shall comply with this chapter,
regulations established under this chapter, other law applicable to the operation of a
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motor vehicle in this state, and orders issued by the holder employing or contra.eting
with the driver in connection with the holder's discharging of its duty under its
opera.ting authority and this ehapter.
SEC. 22-4.2. HOLDER'S DUTY TO ENFORCE COMPLIANCE BY DRIVERS.
(a) A holder shall establish policy and take action to diseourage, prevent
or corcect violations of this chapter by drivers who are employed by or contra,cting
,�..�
with the holder.
(v) A holder shall not permit a driver who is employed by or contra.cting
with the holder to drive a taxicab if the holder lrnows or has reasonable eause to
,,,� suspect that the driver has failed to eomply with this ehapter, the rules and
regulations established by the director or other applicable law. .
r
SEC. 22-4.3. DRIVER AS INDEPENDENT CONTRACTOft.
(a) A holder may eontra.ct with a driver on an independent-contractor
basis, but only if the contract:
(1) provides that the holder shall indemnity the eity and hold the
eity harmless for a claim or cause of action against the city arising from
eonduet of the driver;
(2) provides that the driver is insured under the holder's fleet
insurance policy;
(3) imposes a condition that the driver may eomply with this
ehapter and provides that failure to comply may be eonsidered by the holder
as a material breach of the eontra.et; and
(4) is enforceable by the eity as a third party beneficiary.
(b) The form of the contract between a holder and driver may be
'� approved by the director. The director may disapprove a eontract. form if he
determines that the eontract is inconsistent with this chapter, regulations
�. � established under this chapter or other applicable law. A holder may not use a
contract that has been disapproved by the d.irector.
SEC. 22-4.4. INSURANCE.
(a) Before any franchise sha11 be granted to any person, or before a
renewal or transfer of a franchise, the holder shall file with the director and
thereafter keep in full force and effect, a standard policy or public liability and
property damage insurance, with combined single limits in the amount of five
hundred thousand dollars ($500,000.00) for any single occurrenee to be executed by
an insurance company duly and legally authorized to do business in the state and
performable in the county. Proof of insurance shall be kept in all taxieabs at all
times. Operating authority and/or taxicab permits will not be granted or renewed
unless the applicant or holder furnishes the d.ireetor with such proof of insurance as
the d.irector considers necessary to determine whether the applicant or holder is
adequately insured under this section.
(b) Except for self-insurance, insurance required under this section must:
(1) be earried with an insuranee eompany authorized to do
business in this state;
'�"�" (2) inelude a cancellation rider under which the insurance
company is required to notify the director in writing not fewer than 30 days
before cancelling or making a material change to the insurance policy.
�
(e) A holder may be self-insured in the manner prescribed by the Texas
Safety Responsibility Act if the director, in his sole discretion, determines that the
holder ean furnish protection of the same character and amount as if the insurance
were carried by an insurance company. In considering authorization of self-
insuranee, the director shall consider the finaneial fitness and the past record of
management responsibility of the holder and may establish maximum coverage
limits for which the holder may self-insure. If at any time the director determines
that a self-insured holder is unable to provide adequate self-insurance, the director
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by written notice sha11 order the holder to acquire insurance from an insurance
company and the holder shall comply with the order not more than 30 days after the
notiee is served.
(d) A holder shall furnish the director evidence of the renewal of all
required insurance coverage on or before ten (10) days prior to the expiration
thereof.
��..,�
TAXICABS
SEC. 22-4.5. APPAREL TO BE WORN BY DRIVERS.
�� (a) A holder shall specify and require an item of apparel or an item
placed on the apparel to be worn by drivers employed by or contraeting with the
holder, which item must be of such distinctive and uniform design as t'b readily
identify the holder's taxicab service and must bear the name of the holder's taxicab
service. The item specified by each holder must be approved by the director to
insure that drivers of one holder may be easily d.istinguished from drivers of another
and to insure the neat appearance of drivers.
(b) While on duty, a driver shall wear the item specified by the holder
who employs or contracts with the driver and shall comply with such other
identification regulations prescribed by the holder's operating authority.
SEC. 22-4.6. DRIVER,'S DAILY MANIFEST.
(a) Each holder sha11 provide its drivers with forms, approved by the
director, for maintaining a daily manifest. The form must include appropriate
spaces for reeording:
(1) taxicab number, driver's name, date, hours of operation,
meter number, total miles, paid miles, units, trips and e�ctras;
� (2) time, place, origin and destination of eaeh trip;
(3) number of passengers and amount of fare and ottier charges;
� , and
" (4) other information required by the direetor to aid in the
diseharge of his duties.
' (b) Each driver shall complete a manifest on a separate form for each
tour of duty. The driver shall provide the information required by the form and shall
record the information with regard to trips at the end of eaeh trip. The driver shall
return completed manifest forms to the holder once a week unless the director
requires that the manifest forms be turned in more frequently.
SEC. 22-4.7. HOLDER'S RECOR.DS AND KEPOR.TS.
(a) Each holder shall maintain at a single loeation specified in the
opera.ting authority business records of its taxicab serviee. The method used in
maintaining the records must be approved by the director, and the director may
require ma.intenance of certain records which he determines are necessary for
monitoring the activities, opera.tions, serviee and safety record of a holder. A
holder shall makes its records available for inspection by the director at reasonable
times upon request.
(b) Eaeh holder shall submit to the director, in addition to the reports
"�' ' required by Section 22-2.9, such annual and monthly reports concerning its taxicab
serviee as the director determines necessary to evaluate the holder's operations.
� ARTICLE V. SERVICE REGULATIONS.
SEC. 22-5.1. CITY-WIDE TAXICAB SERVICE REQUIRED.
Except as otherwise provided by the holder's operating authority, a holder
shall:
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(1) provide taxicab service to the general public to and from any
point inside the city that is accessible by public street. (This provision does
not require a holder to subject a taxicab to mob violence or destruction.);
(2) answer each call received for service inside the city as soon
as practicable, and if the service cannot be rendered within a reasonable
time, the holder shall inform the caller of the reason for the delay and the
approximate time required to answer the call; and
`� �' (3) maintain a single station for the purpose of receiving calls
and dispatching taxicabs that is opera,tiona124 hours each day.
�••� SEC. 22-5.2. REPRESENTATION OF AVAILABILITY OF TAXICAB. . _ _
A driver may not represent that his taxicab is engaged when it is in fact
vacant or vacant when it is in fact engaged.
SEC. 22-5.3. REFUSAL TO CONVEY PASSENGERS.
(a) While operating a taxica.b a driver shall not refuse to convey a person
who requests service unless
(1) the person is disorderly;
(2) the driver is engaged in answering a previous request for
service;
(3) the driver has reason to believe that the person is engaged in
unlawful conduct;
(4) the driver is in fear of his personal safety; or
(5) the driver has reason to believe, after polite inquiry, that the
� person will be unable to pay the lawful fare.
(b) While operating a taxicab, the driver shall not refuse service
� � requested by a radio dispatch when the loeation for pick up is within a reasonable
distance from the location of the taxicab.
SEC. 22-5.4. PASSENGER LIMITATIONS.
(a) While opera.ting a taxicab a driver on duty may carry only a person
who is a paying passenger, unless the passenger is an employee of the taxicab
service that employs or contracts with the driver, a governmental inspector aeting
in an official capacity, or unless it is authorized by the holder's operating authority.
(b) A driver may not ea.rry at the same time more passengers than the
designed seating capacity of the taxicab.
(c) The director may establish rules governing passenger limitations, as
illustrated by, but not limited to cab-sharing, cab-pooling, and numbers of
passengers with different destinations.
SEC. 22-5.5. CARRY PASSENGERS BY DIRECT ROUTE.
A driver shall earry a passenger to his destination by the most direct and
expeditious route available unless otherwise directed by the passenger..
�t .h
SEC. 22-5.6. SOLICITATION OF PASSENGERS.
�
A driver may not engage in cruising or otherwise solicit passengers:
(1) from a location 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; or
(3) by paying an employee of another business to solicit passengers for or
give preferential treatment in directing passengers to the driver's taxicab.
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SEC. 22-5.7. CONDUCT OF DRIVER,S.
A driver shall:
(1) conduct himself in a reasonable, prudent, and courteous manner;
(2) ma.intain a sanitary and well-groomed appearance;
,� .,
(3) not respond to a rad.io dispatch call assigned to another driver;
(4) not consume alcoholic beverage, drugs, or other substance which
eould adversely affect his ability to drive a motor vehicle; _
.�.;a . -
(5) not monitor the ra,dio frequency of a taxicab company other than his
own nor respond to a call for service dispatehed by another company; �
(6) not possess a radio equipped to receive the frequeney of a taxicab
company, other than his own;
(7) not interfere with the director in the performance of his duties; and
(8) comply with lawful orders of the director issued in the performanee
of his duties.
SEC. 22-5.8. R,ETURN OF PASSENGER'S PR,OPERTY.
(a) Upon finding property in a taxicab left by a passenger, the driver
sha11 immediately return the property to the owner. However, if the driver is unable
to locate the owner or if the driver does not lrnow the identity or whereabouts of the
owner, the driver shall, within a r�asonable time, deliver the property to the holder
who employs or contra.cts with the driver.
(b) Upon return of property to the owner or delivery of property to the
holder, the driver sha11 prepare a written report stating the description of the
"' property, the identity of the owner if l�own, the date the property was left in the
taxicab, the circumstances relating to the loss, and the taxicab number. The holder
��,� shall keep the report on file for at least one year and shall hold the property for no
less than three months.
SEC. 22-5.9. SERVICE REGULATIONS FOR BUSINESS ESTABLISHMENTS
R.EQUESTING TAXICABS FOR CUSTOMERS.
An employee of a business establishment, other than a taxicab service, who
aets as an agent in obtaining taxicab serviee for prospeetive taxicab passengers
shall not:
(1) solicit or aecept payment from a driver in return for giving
preferential treatment in directing passengers to a driver's taxicab; or
(2) interfere with the orderly progression of taxicabs from the
rear to the front of a taxicab stand.
SEC. 22-50.10. TRANSPORTING PERSONS FOft PURPOSE OF PROSTITUTION.
It shall be unlawful for any driver of a taxicab lrnowingly to transport any
pas.senger to the abode of a prostitute, or lrnowingly to transport any eriminal,
narcotics peddler, prostitute or bootlegger in the commission of a crime or
infra.ction of the law in any manner, or act in any manner as a panderer or pimp for
� '� prostitutes or a contact for unlawful establishments of any character.
SEC. 22-5.11. DELIVERY BUSINESS ENJOINED FROM TRANSPORTING
�� PASSENGERS.
It shall be unlawful for any person who is engaged in the business of
delivering parcels or paekages 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, any business in the city ma.intaining 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 seetion.
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ARTICLE VI. FARES
SEC. 22-6.1. RATES OF FAR.E.
(a) The ra.tes to be charged by all holders in the city shall be as follows:
ONE DOLLAR and THIRTY CENTS ($1.30) for the first one-tenth
mile or fraction thereof.
� TEN CENTS ($0.10) for each additional one-tenth mile or fra.etion
thereof.
�, FIFTY CENTS ($0.50) for each additional passenger (excludiag infants
in arms). `
r
ONE DOLLAR ($1.00) extra passenger charge between the hours of
7:00 p.m. and 7:00 a.m.
TEN DOLLARS ($10.00) per hour for traffic delay/waiting time.
(b) The above ra,tes shall be the sole charge made or collected, and there
sha11 be no additional charge made for ordinary luggage, bags, or parcels being
carried by such passenger. It shall be unlawful for any driver of a taxicab to demand
or receive a fee or charge for taxicab services in exeess of or less than the ra.tes
speeified in such 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.
(e) It shall be unlawful for any person to refuse to pay the legal fare of
any taxieab 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.
,� (d) A driver shall not eharge a fare for operating a taxieab in the city
that is inconsistent with the above rates.
SEC. 22-6.2. DLSPLAY OF CARD.
(a) A holder shall provide the driver for eaeh taxicab operating under its
authority a printed card or stieker containing the approved rates of fare of the
holder. The form and content of the card or sticker are subject to regulation by the
director.
(b) While opera.ting a taxieab for hire, a driver shall prominently display
the rate card or sticker inside the taxicab in a manner approved by the director so
that it ean be easily read by passengers sitting in the taxicab.
SEC. 22-6.3. COMPUTATION OF FARES.
Unless a holder's approved rates of fare or operating authority provide
otherwise, a holder shall equip eaeh taxicab with a taximeter, and a driver shall
eharge only a Fee as computed by the ta.ximeter. However, a holder may authorize a
driver to make a flat rate eharge for a trip to a destination whieh is not eovered in
the holder's approved rates of fare, if the taximeter is kept in operation while the
taxicab has a passenger within the scope of the area desigmated in the approved
"`" � rates of fare.
SEC. 22-6.4. DESIGN AND TESTING OF TAXIMETERS; FEES.
�,�
(a) A taximeter must aecurately register in legible figures total miles,
paid miles, number of fare units, number of trips, extras, and total fare for a trip.
Figures denoting the fare 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 conneeting the taximeter to an
amber light atop the taxicab that, when lighted is visible from all directions. The
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system must be designed so that during the time the taximeter is registering a fare,
the amber light is automatically illuminated.
(c) If the taximeter employs a flag, the flag must project at least four
inches above the dashboard when in the non-earning position.
(d) The taximeter or its drive system must be sealed at all points at
which components, if manipulated, could affect the function or accuracy of the
taximeter.
�� (e) The design of a taximeter is subject to approval by the director to
assure that it complies with this section. _
�� (t� A holder shall cause each taximeter in taxicabs operating under its
authority to be maintained in good operating condition and to be tested �d sealed
at least once each year in accordanee with state and city weights and measures
laws. A eertificate, in form and substance acceptable to the director, to sueh
effeet shall be carried in the taxicabs at all times and presented to the director as a
part of the annual inspection conducted pursuant to Section 22-7.2.
(g) The direetor may order the owner or the holder to furnish a current
certification (Section 22-6.3(f)) or to make the taxicab available for taximeter
testing at any time.
(h) A person eommits an offense if he operates a taxicab that is:
(1) not equipped with a sealed taximeter; or
(2) equipped with a taximeter that has not been tested and
certified within the past 12 months.
(i) The following persons shall be responsible and subject to the penalty
for a violation of Subsection (h):
� (1) the driver of the taxieab;
.�,.,r
(2) the owner of the taxieab; and
(3) the holder under whose authority the taxicab is being
operated.
(j) Proof of taxieab ownership for purposes of this section may be made
by a copy of the registration of the vehicle with the State of Texas showing the
name of the person to whom the state license plates for the vehiele were issued.
The person in whose name the vehicle is registered shall be prima facie the owner of
the vehicle. If the vehicle is not currently registered, the person in whose name the
vehicle was last registered shall be prima facie the owner of the vehicle.
SEC. 22-6.5. FARE COLLECTION PROCEDURES.
(a) Before changing the taximeter to indicate that the taxicab is vacant,
a driver shall ca11 the attention of the passenger to the amount of fare registered on
the taximeter.
(b) Upon request by a person paying a Fare, a driver shall give the person
a legible reeeipt showing:
(1) the name of the holder under whose authority the taxicab is
�` R operated;
(2) the taxicab number;
.�,.,
(3) an itemized list of charges;
(4) the total amount of fare pa.id;
(5) the date of payment; and
(6) the driver's signature.
0130X
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(c) A holder shall provide each driver opera.ting a taxicab under its
authority with receipt forms adequate for providing the information required in
Subsection (b).
ARTICLE VII. VEHICLES AND EQUIPMENT
SEC. 22-7.1. FALSE ftEPRESENTATION AS TAXICAB.
(a) A person may not represent that a vehicle is a taxicab if the vehicle
�-..
is not in fact a taxicab authorized by opera.ting authority granted under this chapter.
(b) A person may not drive a vehiele in the city that is not a taxicab if
the vehiele is marked, painted, or equipped in a way that is likely to:result in
�•t� mistaking the vehicle for a taxicab. �
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SEC. 22-7.2. VEHICLE R.EQUIREMENTS AND INSPECTIONS.
(a) Before being allowed to initially operate upon the streets of the eity,
each taxicab shall be inspected and approved by the director. Each taxicab shall
thereafter be inspected annually to ensure the continued safe operating conditions
of the vehicle. No taxicab shall be driven or opera.ted upon the streets of the eity
unless: (i) the same is in safe condition and free from meehanical defects with
particular reference to, but not limited to, lights, brakes, tires and steering
apparatus; (ii) a valid inspection stieker has been issued and is displayed as required
hereby; and (iii) a current valid taximeter eertificate, as required by Section
22-7.4(t7, has been issued and is in effect. Upon a satisfactory inspection, any
payment of an inspection fee in the amount of twenty five dollars ($25.00) the
director shall issue an inspection sticker to the holder which shall be permanently
displayed on the lower left hand corner of the front windshield. Each inspeetion
sticker issued shall expire on the thirty-first day of December following the date of
issuance. The provisions of this shall be in addition to any inspection requirements
promulgated under state law.
(b) The direetor may inspeet eaeh taxicab for compliance with this
,�: chapter and regulations of the director at sueh other times determined necessary by
the direetor.
� � (c) Inspeetions at the request of a holder, driver or owner shall be
conducted at appointed times set by the director upon request of the holder, driver
or owner. A holder, owner, or driver shall make a taxicab ava.ilable for inspeetion
when ordered by the director.
(d) If a holder, owner, or driver fails to make a taxicab available for
• inspection or if the direetor determines that a taxicab is not in compliance with this
ehapter or regulations of the director, the director may order the taxicab removed
from serviee until it is made available for inspection and brought into compliance.
(e) If the director determines that inspection of the mechanical
condition, taximeter or safety equipment of a taxicab by an expert mechanic or
technician is necessary, the holder, owner, or driver shall pay the cost of the
inspection.
(� When a taxieab is removed from service and placed back in service by
the same owner, the owner shall pay to the director $25.00 for reinspection.
(g) Before any ta.xicab will be approved for service, the director shall be
provided with a copy of a eurrent valid taximeter eertification, as required by
Seetion 22-6.4(f� hereof, the registra.tion for the vehicle with the State of Texas, or
�_,� a bill of sale if the vehicle is new and has not yet been registered, showing the name
of the individual or holder owning the vehicle. The owner shown on the registration
or bill of sale provided to the direetor shall notify the director of any change in
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ownership of the taxicab within ten business days.
SEC. 22-7.3. R.EQUIRED EQUIPMENT.
(a) Unless otherwise specified in the operating authority under which a
taxicab is operated or by regulation of the director, and in addition to other
equipment required by this ehapter, a holder, owner, or driver sha11 provide and
maintain the following equipment for each taxicab:
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(1) seat belts for each passenger, the number of which is
determined by the designated 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 opera.ting for hire
and when it is not for hire;
� �• (5) top light;
(6) two-way ra.dio on the holder's dispatch frequency; -
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(7) map of the city; and '
(8) taxicab permit complying with Section 22-7.5 of this article.
SEC. 22-7.4. REQUIRED VEHICLE IDENTIFICATION.
A holder shall cause each taxicab operating under its authority to be provided
with the following uniform vehicle identification:
(1) the name of the holder's eompany printed in letters not less than
three inches high with one-half inch stroke;
(2) the number essigned to each vehicle by the director in numbers not
less than three inches high with one-half ineh stroke and so that i.s is visible from
both sides and rear of the taxicab, and
(3) the color seheme and markings specified in the franchise.
SEC. 22-7.5. TAXICAB PERMITS.
(a) The director shall issue an individual permit for eaeh taxicab
'� authorized to be opera.ted under a franchise. Such permit shall show the trade name
of the holder, the expiration date of the holder's franchise, and the make, type,
�„ , model, capacity, license number, motor number, and taxicab number, as designated
by the director, of the taxicab for which such permit is issued. If, at any time, the
holder desires to replace a taxieab for which a permit has been issued under the
provisions of this section, it shall surrender the permit for that taxicab being
' withdra,wn form service to the director for cancellation and shall obtain a permit for
the replacement taxicab. Provided, however, no permit shall be issued under the
provisions of this section until such taxicab has been inspected and approved by the
direetor as hereinafter required.
(b) Eaeh taxicab permit issued under this article shall be prominently
displayed at all times in full view of persons in the back seat of the taxicab for
which sueh 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.
(c) It shall be unlawful to opera,te a taxicab in the city unless a valid and
eurrent taxieab permit has been issued by the direetor. No permit shall be issued
for any vehicles exeept in intermediate or full-size sedans or station wagons. Each
permit issued shall expire on the thirty-first day of December following the date of
issuance. Permits shall be renewal apon compliance with all other regulatory
provisions of this ehapter for eaeh taxicab five (5) years old or less. No permit shall
be issued for a vehicle more than five (5) years old except as provided in Section
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22-7.5(d).
(d) A nonrenewable permit sha11 be issued by the director for a taxicab
more than five (5) years old upon a determination by the director that the vehicle is
��� in exceptionally good working condition. All such nonrenewable permits shall expire
on the thirty-first day of December following the date of issuance. A permit issued
under this subsection (d) shall be displayed as provided in subseetion (b). It shall be
unlawful for any person to opera.te a taxicab in violation of this Subsection (d).
(e) Before any taxicab permits shall be granted, the holder shall file
written verification with the director that all taxicabs for which a permit is
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requested are registered with the State of Texas and valid proof of such registration
shall be kept in all taxicabs at all times.
(t� A taxicab permit assigned to one person is not transferable to
anotherwithout consent of the director.
SEC. 22-7.6. OFF DUTY STATUS OF TAXICABS.
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Each taxicab is presumed to be on duty and ready to serve the general publie
for hire. If a driver is off-duty and does not intend to provide taxicab .service, he
shall comply with the following requirements. _
�� (a) The driver shall place a sign, to be provided by the holdEr, in the
taxieab indicating the words "OFF DUTY" printed in letters not less tl'fan three
inches in height with a stroke of not less than 3/8 inch. The letters shall be on a
backing of sufficient thiclrness to not easily bend.
(b) When a driver is off-duty, he shall display the sign in an upright
position in the front window on the right side of the taxicab so as to be easily seen
and read from outside of the taxicab.
SEC. 22-7.7. REMOVAL OF EQUIPMENT.
Whenever a vehicle is removed from service as a taxicab the holder shall give
written notice to the director within seven (7) days, specifying the date of removal
from service, and the holder, owner, or driver shall remove from the vehicle all
taxicab signs, marldngs, and equipment that would d.istinguish the vehicle as a
taxicab, including, but not limited to, radios, toplights, meters, and decals.
ARTICLE VIII.
ENFORCEMENT
,� SEC. 22-8.1. AUTHORITY TO INSPECT.
The direetor may inspect a taxicab service operating under this chapter to
� � determine whether the service complies with this chapter, regulations established
under this chapter, or other applicable law.
SEC. 22-8.2. ENFORCEMENT BY DEPARTMENT.
Officers of the department sha11 enforce this chapter. A police officer upon
observing a violation of this chapter or the regulations established by the director,
shall take neeessary enforcement action to insure effeetive regulations of taxicab
serviee.
SEC. 22-8.3. CORRECTION ORDER; SUSPENSION.
(a) If the direetor determines that a holder violates this eode, terms of
its opera.ting authority, a regulation established by the d.ireetor, or other law, the
director may notify the holder in writing of the violation and by written order direct
the holder to correct the violation within a reasonable period of time. In setting the
time for correction the director shall consider the degree of danger to the public
health or safety and the nature of the violation. If the violation involves equipment
that is unsafe or functioning improperly, the director shall order the holder to
immediately cease use of the equipment.
,�,� (b) If the director determines that a violation constitutes an imminent
and serious threat to the publie health or safety, the director shall order the holder
to correct the violation immediately, and, if the holder fails to eomply, the director
shall promptly take or cause to be taken such action as he eonsiders necessary to
```"' enforee the order immediately.
(c) If the holder fa.ils to deliver evidence of renewal of the insurance
required by Section 22-4.4, or otherwise fails to ma.intain in full force and effeet
the insurance so required, the d.irector, upon notice to the holder, may immediately
and forthwith suspend the holder's operating authority until such time as the holder
provides the director with satisfactory evidence that the required insurance has
been renewed or reinstated.
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(d) The director shall include in a notice issued under this seetion an
identification of the violation, the date of issuance of the notice and the time period
within whieh the violation must be corrected, a warning, if applicable, that failure
to comply with the or�er may result in suspension or revocation of opera.ting
authority or imposition of a fine or both, and a statement indicating that the order
may be appealed to the eity manager.
SEC. 22-8.4. SERVICE OF NOTICE.
�°' (a) A holder shall designate and maintain a representative to receive
service of notiee required under this chapter to be given a holder and to serve notice
required under this chapter to be given a driver employed by a holder. ---
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(b) Notice �equired under this chapter to be given: •
(1) a holder must be personally served by the di�eetor on the
holder or the holder's designated representative; or
(2) a driver licensed by the eity under Article III, must be
personally served or sent by certified United states Mail, five day return
reeeipt requested, to the address, last lrnown to the director, of the person to
be notified, or to the designated representative for drivers.
(c) Notice required under this ehapter to be given a person other than a
driver licensed under Artiele III or a holder may be served in the manner prescribed
by S�abseetion (b)(2).
(d) Service executed in accordance with this section constitutes notice
to the person to whom the notice is addressed. The date of serviee for notice that is
mailed is the date received.
(e) This section does not apply to notice served under Seetion 22-1.3(b),
Section 22-3.9(a) or Seetion 22-8.3(c).
'�' " SEC. 22-8.5. APPEAL.
,� .; (a) A holder may appeal a eorrection order issued under Section 22-8.3
or any other aetion of the director if an appeal is requested in writing not more than
10 days after notice of the order or action is received.
(b) The city manager or his designated representative shall act as the
appeal hearing officer in an appeal hearing under this section. The hearing officer
shall give the appealing party an vPPartunity 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 hearing officer shall make his ruling on the basis
of a preponderance of evidence presented at the hearing.
(e) The hearing officer may affirm, modify, or reverse all or a part of
the order of the director. The deeision of the hearing officer is final.
SEC. 22-8.6. CRIMINAL OFFENSES.
(a) A person commits an offense if he violates or attempts to violate a
provision of this chapter applicable to him. A culpable mental state is not required
for the commission of an offense under this chapter unless the provision defining the
conduct expressly requires a culpable mental state. A separa.te offense is
committed each day in which an offense oecurs. An offense committed under this
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chapter 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 of other enforcement remedies or procedures applicable to the person charged
� with or the conduct involved in the offense."
Section 2. SAVINGS AND SEVER.ABILITY CLAUSE
If any section, article, para.graPh, sentence, clause, phrase or word in this
ordinance, or applieation thereto to any person or circumstances, is held invalid or
unconstitutional by a Court of eompetent jurisdiction, such holding sha11 not affeet
the validity of the remaining portions of the ordinance, and the Town Council hereby
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declares it would have passed such remai�iing portions of the ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
Section 3. PENALTY
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.
� Section 4. PRESERVATION OF RIGHTS UNDER EXISTING ORDINANCE
The City hereby preserves its rights to all provisions of Chapter 22 of the
„�,, Code of Ordinances of the City of Grapevine, and any violations occurring
thereunder, in existence prior to the effective date of this Ordinance.
Section 5. EMERGENCY
The fact that the present ordinances of the City of Grapevine are
inadequate to regulate building within flood areas creates an urgency and an
emergency and, in the preservation of the public health, safety, and welfare,
requires that this ordinance shall take effect immediately from and after its passage
and the publication of the caption as the law and charter in such cases provides.
PASSED AND APPROVED this the 5 th day of Augus t , 1986.
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Mayor Pro Tesn, City of Grapevine
ATTEST:
,„� ri
GL�I/l.�tti�
,�. ,� City Secretary, City f Grapevine, Texas
[SEAL]
APi ROVEB AS TO FORM:
�
�G���
City Attorney, City of Grapevi , T
,�..:..
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