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HomeMy WebLinkAboutORD 1984-003 CITY OF GRAPEVINE ORDINANCE NO. 84-03 AN ORDINANCE BY THE CITY CQUNCIL OF THE CITY OF GRAPEVINE, TEXAS, APPROVING RESOLUTION NO. 83-197, ADOPTED BY ,THE DALLAS- FORT �VORTH REGIONAL AIRPORT BOARD ON DECEMBER 6, 1983, AMENDING SECTION 9, "TAXICAB OPER.ATIONS," OF CHAPTER TVVO, "REGULATION OF VEHICLES," OI' THE CODE OF RULES AND REGULATIONS OF THE DALLAS-FORT WOR.TH REGIONAL AIRPORT BOARD (ADOPTED BY RESOLUTION NO. ?1-172), AS AMENDED; ADOPTING NEW DALLAS- FORT tiVOR.TH REGIONAL AIRPORT TAXICAB RULES AND REGULATIONS, ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART OF THIS ORDINANCE BY REFERENCE; DEFINING TERMS; REGULATING THE OPERA- TIONS OF TAXICABS FOR HIRE ON THE AIRPORT; P�EGULATING AND R.ESTRICTING THE ISSUANCE OF TAXICAB COMPANY OPERATING AUTH- ORITY; REGULATING AND RESTRICTING THE ISSUANCE OF TAYICAB DRNERS' PER.MITS; P�EGULATING THE CONDUCT OF DRNERS AND HOLDERS; REGULATING TAXICAB CUSTOMER SERVICE; BEGULATING TAXICAB FARE�; PI�,OVIDING P�EQUIREP✓IENTS FOR TAXICAB VEHICLES AND ACCESSORY EQUIPMENT; PROVIDING FOR ENFORCEMENT OF THIS ORDI- NANCE; PROVIDING A PENALTY NOT TO EXCEED $200.00; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTNE DATE ��IH�REAS, Section 8.F. of the 1968 Contract and Agreement between the City of Dallas, Texas and the City of Fort Worth, Texas provides that the Dallas-Fort Worth Regional Airport Board shall have the power, by a duly adopted order, to adopt and enforce rules and regulations for the orderly, safe, efficient, and sanitary ooeration of the airport, and to prescribe reasonable penalties for the breach of any rules or regulation not to exceed a $200.00 fine; and WHEREAS, Article 46d-14, Revised Civil Statutes of Texas, and Section 8.F. of the 1968 Contract and Agreement, provide that such orders by the Dallas-Fort �North Regional Airport Board shall become effective only upon approval of the governing bodies of the cities of Dallas and Fort Worth and proper publication; and WHEREAS, pursuant to the foregoing, the Dallas-Fort Worth Regional Airport Board, on October 5, 1971, passed, approved, and ordered Resolution No. 71-172, adopting the Code of Rules and Regulations of the Dallas-Fort �Vorth Regional Airport Board, which regulates traffic, travel, and conduct within the Dallas-Fort Worth Regional Airport and establishes certain procedures for the adoption of additional rules, regulations and orders; and WHEREAS, in accordance with Section 3 of Chapter Five of the Code of Rules and Regulations of the Dallas-Fort Worth Regional Airport Board, the Airport Board has requested that the Cit� Councils of the Cities of Dallas and Fort Worth approve its Resolution No. 83-197 in order that it may become effective as stated by law and in the coded of the Airport Board. NOW, THEREFOR.E, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all of the declarations and findin�s contained in the preambles of this ordinance �re made a part hereof and shall be fully effective as a part of the ordained subject matter of this ordinance. Section 2. That R.esolution No. 83-197 of the Dallas-I'ort Worth Regional Airport Board, a duly certified copy of which is att�ched hereto as �- Exhibit "B" and made a part of this ordinance by reference, is hereby approved. Section 3. That after publication of a substantive statement relating to the contents of Resolution l�To. 83-197 of the Dallas-Fort Worth Regional Airport Board in a nevaspaper of general circulation in each of the Counties of Dallas and Tarrant, stating that a breach of any provision of Resolution No. �3-197 will subject the violator to a penalty, and stating that the full text of Resolution No. 83-197 and any attachments to it are on file in the principal office of the Airport Board to be read by any interested party, Resolution No. 83-197 shall thereafter have the same force and effect within the boundaries of the Dallas- Fort Worth Regional Airport as an ordinance by tne City Council of the City of Grapevine would have in the City of Grapevine, and the penalty shall be enforced in the same manner in which penalties prescribed by other ordinances of the City of Grapevine are enforced. Section 4. Any person who shall violate a provision of this ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine 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. Section 5. That the sections, paragraphs, sentences, clauses, and phrases of this ordinance, Resolution No. 83-197, and the attachec3 Dallas-Fort Worth Regional Airport Taxicab Rules and Regulations are severable, and if any phrase, clause, sentence, paragraph, or section shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, the unconstitutionality or invalidity shall not affect any of the remaining phrases clauses, sentences, paragraphs, and sections of this ordinance, Resolution No. 83-197, or the Dallas-Fort Worth Regional Airport TaYicab Rules and Regulations, since the same would have been enacted without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section. Section 6. That this ordinance shall take effect immediately from and after its passage. PASSED this 7th day of February , 1984. � �T���� l�7ayor, City of Grapevine, 'i eYas ATTEST: �Z�!�.�c) City Secretary [SEAL] APPROVED AS TO FORM: City Attorney �. E.�-II B IT A DALLAS/FORT WORTii REGIONAL AIRPORT TAXICAB RULE3 AND REGULATIONS � ; E;QiI1�IT A ' DALLAS/FORT WORTH REGIONAL AIRPORT TAXICAB RULES AND REGULATIONS ARTICLE I . GENERAL PROVZSIONS Sec. 1-1 . STATEP4ENT OF POLICY. It is the policy of the Dallas/Fort Worth Regional Airport Boar3 and the cities of Dallas and Fort Worth to promote adequate and efficient taxicab service at the Dallas/Fort Worth Regional Airport. To tnis end, rules and regulations for taxicab op2rations on the airport are 3eveloped to protect the public health and safety and to promot2 the public convenience an3 necessity. Sec. 1-2. AUTHORITY FOR ENr^ORCEMENT. ' The 3ir2ctor of consu;ner services for the city of Dallas is desi�nated as the administrator of the Dallas/Fort Worth Regianal Airport taxicab rules an3 regulations . The administrator shall i:nplement an3 enforce the rules and regulations and �nay by written order establish procedures , not inconsistent with the rules and regulations, wnich he determines are necessary to discharge his duty under or to effect the policy of the rules an� regulation�. Sec. 1-3 . DEFI:JITIONS. The 3efinition of a term in the rules and regulations appli2s to each gra.�n,�natical variation of the term. Ut�less tne context requir�s a 3iffzrent d2finition: (1) AD�ZINISTRATOR means the director of consumer services for th� city of Dallas, or nis authoriz�3 agent, with the responsibility of im�l�menting and enforcing the �allas/Fort �lorth Regional Airport taxicab rulas and regulations. (2) AIRPORT means the Dallas/Fort Worth Regional Airport. (3) AIRPORT BOARD means the Dallas/Fort w'orth Regional Airport Boa�rd , the governing body of the airport. (4 ) CENTRAL TAXI�AB �UEUE means the location from which taxicaos are 3ispatched to specific airline terminals or other lo�ations on the airport. (5) DRIVER ,�eans an individual who 3riv�s or operates a taxicab. (6) HOLDER means a person who is grante� operating authority to �rovide taxicab service a� the airport. -� 1 . . . `\ -\ (7) LEGAL RE3IDENT mzans a citizen of the United States or a person residing in th2 United States in accor3ance with federal immigration laws. (8) OPERATE ,neans to 3rive or to be in control of a taxicab. (9) OPERATING AUTHORITY means permission grante3 by the a3�ministrator to operate a taxicab service at tn` airport. (10) OPERATOR mzans the driver of a taxicab, the owner of a taxicab, or tne holder of a taxicab operating autnority. (11) �WVER ��neans the person to whom state licznse plates for a vehicle wer2 i�sued. (12) PERSOt1 means an individual ; a corporation; a government or governmental subdivision; or an agency, trust, partnership or two or more persons having a joint or co�,non economic interest. (13) RULES A�D REGULATIONS means the taxi:.ab rules and regulations established under Section 9 , "Taxicah Operations, " of Chapter Two , "Regulation of Vehicles , " of the Co3e of Rulzs an3 Regulations of tne Dallas/Fort v�orth Regional Air�ort 3oar3 , as a,�nend�d. (14) SERVICE AREA .neans the arza made up of the counties of Dallas , rarrant, Rockwall, �aufman , Ellis , Johnson, Par��r , �lisz, Denton and Collin. � (15) SUBC��dTRACTOR means any ta�icab driver �who has subcontracted with a nol3er to provid2 taxicab service at the airport. (16) 'iAXICA3 ,�neans a chauffeured motor venicle with a rate3 passeng�r capacit� of ei�nt or less , used to transport person� for hire that typically operates on irregular routes , irregular schedules , and a call and 3emand basis , but not including limousines or buses. (17) TAXICAB DRIVER' S LICENSE means a license issue3 to an in3ividual by the primary city or political subdivision und�r ;ahicn the 3riv�r is authorizad to operate a taxi:.ao. (18) TAXICAB DRIVER' � PER`�I'r means a permit issued to an indivi3ual by the administrator authorizing triat person to operate a "' taxicab at the air.00rt. (19) TAXICAB SERVICE means a pass2nger transportation service operated for hirz that uses taxicabs in the operation of the service an3 includes, �ut is not limited to, a facility from whiciz the .., . 2 . , . . . service is operated, taxicabs use� in the operation, an� a p�rson who owns, cuntrols or operates the service. (20) TRXICAB STAVD me ludes �alllCa ut or z d etaxicabc queu g and usz by taxicabs snd inc hol3ing areas. (21) TAXIP4ETER tes aa yfare basedVupon the a3istanceh travele3, the zlectronically compu � otner basis for charges which timz the taxic.ab is �ngag�d, and any or rate ordinance are specifie3 in tne operating authority p�rtaining to the holder . � ' �RTICLE II . OPERA'TIP1G AUT:30RITY Sec. 2-1• OPERATING AUTHORITY REQUIRED. (a) A person may not operate a taxicab service at the airport ;aithout operating authority granted un3er the rul2s and r2gulations , nor may a person transport a passenger for hire at the airport by taxicab unless�ith thes3riverV !�s beentgranted� operating who employs or contracts authority under the rules and regulations. (b) A oerson s:�all 3��h��9�Yeo°rarioltner forml f per:ni sionkf�rom does not have operating the administrator . � ��) Opeia�ing authority may not be transferred to another unless the hol3er fil�s a written application for th� transfer in the ,nanner and containing the information prescribed 'oy the a3ministrator . (d) Subs�ction (a) shall not ap�ly to a taxicab service operating at th� airport for the purpose of : (1) terminating a trip that lawfully originated in another city or political sub3ivision ; or (2) originating a trip that has been prearranged by a ` pa�sen�er and autnorized by the administrator . Sec. 2-2 • APPLICATION F�R OPERATING AUTHORITY• � � (a) To obtain operating authority , a p�rson s:�all make ap�licaton to the administrator in tnz manner prescribed by this section . The applicant �nust be the per•son wno will own , control , or ro os2d taxicab service. An applicant shall file witn operate the p p ;�ritten , verifie3 application statzment the a3:ninistrator a containiny the following : ., � 3 . _\ \ � (1) the form �f business of the 3�plicant and , if the business is a corporation or association, a copy of the 3ocuments establishing t�z Qusiness and the name , ad3ress , an3 citizenship of each person :�ith a direct intzrest in the business ; (2) th�e name , ad3ress , and verified signature of thz applicant; . , (3) the name of the city from which the taxicab company applicant is aut�orized to operate a ta�icab service and a copy of that city ' s document autnorizing the taxicab servi�` ; (4) th� numb�r of vehicles and description of the vzhicles the applicant proposes to use in t�e operation of the taxicab service; (5) a description of the pr000sed insignia and color scneme for tn� applicant' s taxicabs and a descriDtion oF the 3istinctiv� ite,n of apparel or ite:n �laced on the apparel to be worn by t�z a�plicant' s taxicab drivers ; (5) documentary evidence from an insurance company, authorize3 to 3o business in the State of Texas in3icacing a ;ailli;zyness to provi3e liability insurance in the a.nounts specified ; and (7) any ad3itional infor��nation the administrator considers necessary to th� implemzntatio�z and enforcement of the rules an3 r�gulations or the protzction of the public safety. (b) An a��licant for operating aut�`�ority ��ust be authorize3 to operate a taxican service in a city whose corporat� city li.�its or portions of the corporate city limits ar2 witnin the service area. (c) ;+litnin a reasonabl� time from thz 3ate of application, the ad;ninistrator shall aporov� or 3�ny tne application for issuan�e of a ta�ticab company operating auth�rity. Sec. 2-3 . RENE�JAL OF OPERATIN:� AU'I'HORIZ'Y. (a) A hol3zr snall apply for a renewal of nis ooerating autnority at least 30 3ays before tne expiration of the operatin� autnority. (b) ���itnin a reasonadle time from the 3at2 of a�plication, the �-- ad:ninistrator shall approve or deny the a�alication for renewal . (c) rhe administrator shall renew the operating authority if he d�ter:nines that the holder : (1) has perform�d satisfactorily un3er the terms of tne� operating authority; and ... 4 (2) is in co��pliance witn all requir�ments of the rul2s an3 regulations. Sec. 2-4 . D�NIAL OF APPLICATION FOR ISSUAIVCE OR RE�VE�rJAL. The a�3��inistrator shall d�ny issuance or renewal of taxi�ab co:npany operating authority if he finds that the applicant has : (1) failed to comply ;aith the requirem�nts set forth in the rules and regulations ; (2) been eitner convict�d twice, suspended twice , or convicted once an3 suspended once , for a violation of t.'�e rules and regulatio�s within th2 �rece3ing two years ; (3) ma3e a false statzment as to a material matter in the ap�lication for operating authority; (4) been convicted for a violation of anottier city, state , or fedzral law ,anich indicates lack of fitness of tne applicant to perform a public transportation service ; or (5) had nia taxicab . operating authority revokzd within th2 oreceding two y2ars. S�C. 2-5 . SUSPEN3I�N AIJD REVOCATIOPI 0� OPERATINv AUTHORITY. (a) Th2 ad:ninistrator may sus�en3 or revo_ke taxicab cocn�any operating aut.iority if ne deter.;iines that the holder has : (1) ma3e a false state:nznt as to a material :natter in tne application for operating autnority; ('l) failed to comply with provisions of the rulzs an3 regulations or orders est3nlishe3 un3er the rules an3 regulations ; (3) failed to comply with conditions set forth in the operating authority; or (4 ) been finally convicted for a violation of anotner city, stat� , or fe3eral law whicn in3icates lack of fitness of th2 � hol3er to perfor:n a public transportation servi�e. � � (b) Tha ad:ninistrator may suspen3 a hol3er ' s o�erating '� authority For a �eriod not to exczed 60 days. At the �n3 of the suspension period, the hol3er may file with the a3�inistrator a caritten request for reinstatement of operating authority. The ad�inistrator shall inspect tne operation of the suspen3e3 holdzr to determine if the 3eficiency causing tne suspension has been corrected by tne hol3er . Afcer inspection, the administrator may aQprove or 3�ny reinstatzment of the operating authority. . � 5 . , , (c) A holder cahose operating authority �as been r2vo�ed shall not rea�ply for operating authority baFore th2 expiration of 24 ,�ontns from the dste of r�vocation or , in the C3S2 of an appeal , thz 3ate the appeal hearing officer affirms the revocation. �ec. 2-6. APPEAL3. (a) If tn�� administrator 3enies an application for issuance or renewal of operating authorit1 or sus�ends or revokes the operating authority of a nol3er , the action is final unlzss within 10 days fro� the dat� of recziving notice of the a�tion, the applicant or nol3er files a �ritten appzal with the city mana�er oL tne city of Dallas spe�ifying reasons for tne appeal. (�) Th� city manager or �is designated representative shall act as the appeal hearing officer in an appeal hearing under tnis s2ction. The hearing officer shall give the appealin� party an op�ortunity to �resent zvidence and make argu�ent in nis behalf. The =ormal rul�s of evidenc� 3o not apply to an appeal hz3ring under t�is section, and the hearing officer shall make nis ruling on tne basis of a pre�onderance of the zvidence przsented at the hearing. (c) The hearing officer may affirm, �o3ify, or reverse . all or �art oF tne action of the a3ministrator being app2ale3. The 32cision of tne he�ring officer is final. S2C. 2-7 . FEES ; ANi1UAL IS�UANCE. ' (a) The annual fez for taxicab company operating autnority is $'000 �lus $1� Lor eacn taxicab operate3 . Tne fee shall be pai3 to the ad��inistrator befor� the operating authority is issued . (b) Taxicab co��pany operating aut,�ority may be issued for a �eriod not to �xceed one year an3 shall �xpire on December 31 of e3�n ye3r unless otherwise d�signated in the operating autnority. If tne operating authority is issue3 for a period less than �ne year , the fee snall be prorated on the basis of wnole months . (c) If �perating authority is am2n3ed to incr2ase the numb2r of taxicabs oneratz3 by a hol3er , th� hol3er shall pay to the ad�inistrator an additional $10 for each taxicab adde3. (d) Each taxicab 3river un3er a holder ' s operating auth�rity �no r�mains at tne air�ort For 30 minutes or longer or who is dispatched from the central taxicab quzu� oy tha a3��inistrator shall � pay a fee of $1. 75 in a ,nanner prescribed by tne a3ministrator . ARTICLE III . 'rAXI�AB DRIVER'S PERMIT Sec. 3-1. TAXI�A3 DRIVER'S PERMIT. (a) A p�rson commits an offense if he drives a taxicab insid� G ' \ the airport without a valid taxicab 3river ' s permit issued to him under this arti�le, unless cie is : (1) tzr�ninating a trip that lawfully originated in another city or political subdivision ; or (2) originating a trip that has been prearranged by a passenger an3 authorize3 by thz administrator . (b) A hol3er may not employ or subcontract ,aith a 3river or oth�rwise allow a person to drive for nire a taxicab owned, �ontrolled, or operated by the holder unl�ss the person has a vali3 taxicab driver ' s p2rmit issue3 to nim under this 3rti,:1�. Sec. 3-2 . QU�LIFICATIOf1 FOR TAXICAB DRIVER'S PER�SIT. (a) To qualify for a taxicab driver 's permit, an applicant must: (1) �e at least 19 years of age; (2) be a legal r�si3ent of the United States ; (3) ho13 a valid chauffeur ' s license issue3 oy tne State of T�xas ; (4) be able to communicat� in the English languag� ; (5) not be afflicte3 ;aitn a physical or mental 3iseasz or disability that is 1ik21y to pr�vent him from ex2rcising ordinary and r�asonar'_ � control over a motor vznicle or that is likely to otherwise �n3anyer the public nealth or safety; (G) not have bzen convicted �f morz than four moving traFfic violations arising out of separate transactions , or involved in more than two automobile acci3ents in which it could be r2asonably deter�ined that he was at fault, within any 12-mont� period 3uring the prec�ding 36 ;nonths; (7) not b� un�er in3ict.�nent or have bzen convict�d for a crim2 involving murder , tneft , burglary , roobery, prostitution, pr�motion of prostitution, public lewdness , a sexual offense , or a drug r�lat�d offense , unless five years nas elapse3 since the date of conviction or the date of release from confine:nent impose� for the conviction, wnichever is the later date ; (3) not :�ave peen convicted of, or 3ischarged by probation �— or deferred a3judication for , driving while intoxicated: (A) within the prece3ing 12 months ; or (B) r�or� than on2 time within tne preceding 7 years ; ,. 7 (9) not have cri�inal charges pending for an oFfense for 3riving wnile intoxicated ; (10) .zot be a33icted to the sse of alcohol or narcotics ; (11) b� subjzct to no outstan3ing warrants �f arr�st; (12) be sanitary and w�ll-groomed in dress an3 person; (13) b� un3�r contract to or employe3 by a noldar ; (14) be licensed or permitted as a taxicab driver by an�ther city or political sub3ivision; an3 �(15) have successfully complzte3 within the prece3ing 12 months a 3efensive 3riving cours� approv�d by the National Safety � Council and be able to pres�nt proof of completion. (b) As an a33itional qualification , the administrator may unifor�ly require appli�ants to pass an exa�nination 3iven by the ad�ninistrator tnat tests an applicant ' s knowledge of traffic laws , a drivzr ' s dutizs un3er the rules and regulations, or the geography of t�e citizs or counties surroun3ing the air�ort. S2C. 3-3 . APPLICATIOi1. . To obtain a taxicab driver ' s �ermit or ren�wal of a taxicab driver ' s par��it, a person must File a coinpletzd �aritten application caith the a3�ninistrator on a form provi3ed for the purpose . T:�e ad:ninistrato� shall re�uire eacn application to state any infor�ation ne consi3zrs necessary to d�termine wnet.�er an a�plicant is qualifiz3. Sec. 3-4 . INVESTIvATION OF APPLICATION. (a) For tne purpose of 3et2r�ining qualification un3er Section 3-2 (a) (5) , the administrator may re�uire an applicant to submit to a ptlysical exa,nination at applicant ' s expzn5e conduct�3 by a license3 pn�si��ian and to. furnish to tne administrator a statem�nt whicn c�rtifizs tnat the pnysician has exa:nined the a�plicant and that in tne �h�sician' s orofessional opinion the applicant is �ualified under S�ction 3-2�(a) (5) . (b) The ad�ninistrator may conduct any other investigation he considers neczssary to determine whether an applicant for a taxicab � driver ' s �ermit is qualified. . 32c. 3-5. ISSUA�CE AND DENIAL. (a) If tne administrator determines chat an a�plicant is qualifie3 , he shall issu� a permit to thz applicant. .,. a � , (�) The administrator may dzny tne application for a taxicab 3river ' s per.�it if the applicant: (1) is aot qualified un3er Section 3-2; (2) refuses to sub:nit to or 3oes not pass a �nedical or written exa�ination autriorized un3er Section 3-2 or S�ction 3-4 ; or (3) makes a false state,;�ent of a material fact in his appli:.ation for a taxicaD 3river ' s permit. (c) If the administrator determines tnat a i.,ermit snoul3 oe denied the applicant , the a3�inistr3tor shall notify t;�� applicant in writing that nis application is 3enied and inclu3e in the notice the reajon for �enial an3 a stat2ment inFor,ning the applicant of his rignt of appeal. Szc. 3-b . EXPIRATION AND VOIDANCE UPON SiJSPENSION OR REVOCATIOIV OF STATE CHAUFFEUR'S LICENSE. Ex���t in thz case of probationary and provisional ��ermits, a taxicab 3riv�r ' s permit �xpirzs on t."�e date that t."�e permittee ' s state ;.nauffeur ' s license expires. If a p�rmittee ' s state chauffeur ' s li�ens? is suspended or r,vo�ced by the state , his taxicab 3river ' s �er;nit automatically becomes void. A permittee shall notify tne ad,�ninistrator within tnr�e days of a suspension or revo.cation of his chauffeur ' s licens� by the state and shall i:nme3iately surr�nder his taxicab driver ' s pernit to the a3ministrator . Sec. 3-7. PROVISIONAL PERldIT. (a) The a3ministrator ��nay issue a �rovisional taxicab :iriver ' s p2rmit if he determines that; (1) tne numbzr of taxicab 3rivers is inadequate to meet tne airport ' s n�ed for taxicab s�rvice , in whicn case he �nay issue tae nu�ber n�cessary to meet the need; or (2) i.t is necessary pen3ing co.��letion of investi�ation of an ap�licant for a taxica� 3river ' s permit. (�) A �rovisional taxicab 3river ' s permit expires 45 d3ys Fro:n the 3ate of issuance, or upon the applicant ' s being denied a taxicab driver ' s p�rmit, whichever occurs first. (c) Th� a�,�inistrator ,�nay issue a provisional p2rmit to a oerson hol3ing a state operator ' s license in accordance with Article 6o37b, Section 5 (b) , Vernon ' s Texas Civil Statutes. ., . " 9 Sec. 3-8. PR03ATIOVARY PER;�IT. (s) If an applicant is not �ualified for a taxi�ab 3riv�r ' s per,nit under Section 3-2 but is qualifie3 under state law or if the applicant n�l3s an occupational chauffeur ' s license , the a3ministrator �nay issue a probationary taxicab driver ' s p2rmit for a period not to excee3 one year . (b) Tne administrator may prescribz ap.propriate terms and conditions that he 3etzr.�nin2s are n2czssary for a probationary taxicab driver ' s permit. S2c.. 3-9 . DUPLICATE PER�IIT. If a taxicab 3river ' s permit is lost �r destroyed, the ad,�inistrator shall issue the permittee a duplicate p�rmit upon receiving pay�nent of a du�licat2 permit fee of $5 . Sec. 3-10 . DISPLAY OF PER:IIT. A taxicab 3river shall at all ti��n�s conspicuously display nis taxicab driver ' s permit on the clotzing of his upper body, except t:�at when the taxicab 3riv�r is inside the taxicab, the taxicab driver 's permit �ay be display�d in a manner and location approved by thz administrator . A taxicab driver shall allow the administrator or a pea::e officer to exa�ine nis taxi�ab driver ' s permit spon request. Sec. 3-11. SUSP�NSIJN 3Y DESIG:IATED REPRESENTATIVE. (a) IF a repr�s2ntative 3esignated by the administrator to znforce the rules and regulations determines tnat a �zrmittee nas failed to cor�ply with the rulas and regulations (except Section 3-2) , the repres2ntative may suspen3 the taxicab 3river ' s �ermit for a period of time not to e�ceed 30 3ays by personally serving the permittee ��aith a written notice of the suspension. The writtzn notice must inclu3e the r�ason for suspension , the date the suspension b�gins , the duration of the suspension, an3 a statement infor:ning tne �er�nittee of his rignt of appeal. (b) A susoension un3er this section may be appealed to the ad�inistrat�r if tne per:nittee requests an appeal at tne time tne permittee receiv�s . notic� of the suspension. �ahen an appeal is requested, th� suspension may not take effect until a hearing is provided by tne administrator . (c) The ad,�ninistrator may order an exp�dite3 nearing under tnis section , to be ha13 as soon as possi5le after the per;nittee requ�sts an appesl. The administrator may affirm, reversz , or modify the or3er of the representativ2 . The decision of the a3ministrator is final. .., 10 � Sec. 3-12. SUSPENSION. (a) If the a3ministrator 3eterinines that a permittee has failed to comply with the rules and regulations (exce�t Section 3-2) , the administrator �ay suspend tne taxicab 3river ' s permit for a definite period of ti.n� not to exc�ed si� .�onths. (b) If at any time the administrator 3etermines that a �ermittee is not qualified un3er Section 3-2, the administrator snall suspend th� taxicab 3river ' s permit until th� administrator 3eternines that the p2rmittee is qualified. (c) A ��rinittee whose taxicab driver ' s p�rmit is suspended shall not originate a taxicab trip at the airport 3uring the period of suspension. Th� administrator may also or3er that the per�ittee not terminate trips at the airport 3uring tne pzriod of suspznsion. (3) The ad��inistrator snall notify the permittee in writing of a suspension un3er tnis section. Tne notice shall inclu3z : (1) the r�ason for the susp�nsion ; (2) the dat2 the administrator ord�rs tne suspension to be�in; (3) tne duration of susp2nsion or if it is under Subsection (b) ; and (��) a state��ent informing the permittee of his right of ap�eal. (e) rhz aeriod of suspznsion begins on the 3ate spzcified by the administrator , or in the case of an ap�eal , on the date or3ered by the app�al hearing officer . �ec. 3-13. REVO�ATION. (a) Thz a3,ninistrator may revok� a taxicab driver ' s permit if the administrator det�rmine� that the per�ittee: (1) operated a taxican inside the airaort during a L�eriod in wnicn his taxic3b driver ' s permit was suspende3; (2) �a3e a false statement of a �naterial fact in his application for a taxicab 3river ' s permit; (3) engaged in conduct that constitutes a ground for suspension under Section 3-12 (a) and received �ither a suspension in excess of 10 days or a conviction for violation of the rules and regulations , two ti;nes witnin the 12-month p�riod prece3ing the ., 11 - � � . � \ con3uct or tizree ti�n�s within the 24-month period preceding th2 conduct. (4) �n3a��d in con3uct that could r2asonably be 3etermined to be detri:nzntal to t:Ze �uolic safety; or (5) failed to co��nply with a conciition of a �robationary permit. (b) A person wnose taxicab 3river ' s permit is revoked s:�all not: (1) ap�ly for anotner taxicab driver ' s per�it bef�re the expiration �f 24 months from the date the a3ministrator revok�s th� per.�nit or , in the case oF an appeal , tne �date the appeal nearing officer affirms th2 revocation; or (2) operate a taxicab at the airport. (c) The administrator snall notify the permitt�e in writing of a revocstion. The notice shall in�lu3e: (1) the reason for the revocation; (2) t:�e date t:z� ad�ninistrator or3ers t:�e revocation; an3 (3) a statement infor:ning the permittee of nis right of app2al. - S�c. 3-14 . '1'AXICAB OPERA'I'IO�J ArTER SUSPENSIOi1 OR REVOCATION. (a) Aft=r rzceiving notice of sus��nsion or revocation , the permittee anall, on tn� date specified in the notice , surrznder :�is taxicab 3river ' s �er�nit to the a3ministrator and discontinue o�zrating a taxicab at the airport. (b) votwithstan3ing Subsection (a) , if the per:nittee appeals the suspension or revocation under this section, hz ��nay �ontinuz to 3rive a taxicab at the air�ort pen3ing the appeal unless • (1) tne permitte2 is unqualifi�d under Section 3-2 ; or (2) the adninistrator deter�nines that continued op�ration ay tne permittee would i�npose an unreasonabl� threat to public safety. — Sec. 3-15 . APPEAL FROK DENIAL, SUSPENSION, OR REVO;:ATIOv. (a) A oerson may aoo�al a 3enial of a taxicab 3riv2r ' s per:nit application, a suspension of a taxicab driver ' s ��rmit under 3ection 3-12 , or a revocation of a taxicab 3river ' s p�rmit if ne requests an ap�eal in writing , deliv2red to the city manager of the city of ... 12 , Dallas not �nore Lhan 10 business days aft�r notice of the a3��inistrator ' s action is received. (�) The city �nanager or nis 3esignatz3 represzntative snall act as the appeal nearing officer in an appeal ��aring under this section. The h2aring officer shall give the app�aling �arty an �pportunity to pr2s�nt evidence and make argument in :�is �ehalf. The formal rules of evi3ence do not ap�ly to an app2al hearing undzr this section, and the hearing officer shall �nake nis ruling on the basis of a �repond�ranc� of the evidence presented at the hearing . (�) °r�e aearing officer may affirm, �odify, or reverse all or part of th� a3�inistrator ' s a�tion being appeal�d . Tne decision oF the hearing officer is final. . (3) A �ermittee shall comply with the decision of the appeal hearing officer . �ec. 3-16. FALSIFICATIO�J OF A PER:�IIT; TRANSFER OF A PERNIIT. (a) A person com,�its an offznse if ha : (1) forgas , alters , or counterfeits a taxicab driver ' s permit, badge , sticker , ticket, or emblem require3 by tn� rules an3 rzgulations or other applicabl` law; or (2) possesses a forged , altere;� , or counterfeite3 taxicao drivzr ' s per��nit, badg2 , �ticicer , tick�t or embl�,�n required by the rules and regulations or oth�r applicablz law. (b) A t3X1C3b driver ' s permit , badge, �tic!cer , tic;cet, or emble,� assigne3 to one �2rson is not transf�rable to another Uitnout the consent oz tne administrator . Sec. .s-17. �URRENT i�iAILI:VG ADURESS OF PER��SITTEE. An in3ividual issue3 a taxicab 3river ' s per;nit shall �naintain a current mailing ad3ress on file with the ad,�ninistrator . Tne �ernitt2e shall notify the administrator of any cnange in this mailing ad3ress within five business days of the change. AR`.PICLE IV. t�ISCELLANEOUS HOLDER AND DRIVER REGULATIONS Sec. 4-1 . ��OLDER' S AND DRIVER'S DUTY TO COMPLY. � (a) :iolder . In the operation of a taxicab s,�rvic� , a hol3er shall co:nply with tne terms and con3itions of the holder ' s op2rating aut:�ority, lawful orders of the administrator , and , except to th` extent �xpr�ssly provided otherwise by the operating authority, t52 ., � 13 rules and regulations , an3 othzr 13ws aoplicable to th� operation of a taxicab servic� . (b) Driver . ►�hile op�rating a taxicab at the airport, a driver snall comply witn the rules an3 r�gulatio�s , otn�r laws ap�licaol� to t:�e operation of a �notor vehicle in tnis state, lawful �rders of t:�e ad��ninistr3tor , and or3ers issued 5y tne hol3zr employing or subcontracting with the 3river in conaection with the hol3er ' s discharge of its 3uty under its operating autn�rity an3 tne rules and regulations. jeC. 4-2 . i30LDER' S DUTY TO E�]FORCE COi�1PLIA[VCE BY DRIVERS. (a) A hol:3er shall �stablish �olicy an3 tak2 action to discourage, prevent, or correct violations of the rules and regulations by drivers wno are e_nployed by or subcontracting with tne hol3er . � (b) A holdzr sna11 not permit a 3river wno is e,�ployed by or subcontracting witn th� nolder to o�erate a taxica� if the nol3er knows �r nas reasonablz cause to suspect that the 3river has failed to comply witn ta� rulas and regulations or otner ap�licable law. Sec. 4-3 . DRIVER AS IiQDEPENDE:JT CONTRACTOR. (a) A nol3er may subcontract wit� a driv�r on an independ2nt-contra�tor basis , but only if the contract: (1) provid2s tnat the holder shall in3e.�nnify tne airport and tne citi�s of Dallas an3 �'ort �lortn and 'nold t'tze.�n harmless for a claim or cause of action a�3�inst tne air�ort and th2 cities of Dallas an3 Fort �;aorth arising from con3uct of the 3river ; (2) providzs that th� driv�r is insured under li�nits specitied by t:�e rules an3 r2gula�ions ; and (3) i;n�osea a con3ition that t:�e 3river must comply with tne rules and ragulations an3 �rovi3es that failure to comply may be consi3er`d by the holder as a material breach of contract. (b) �1'he for�n of the contract netween a hol3er and a 3river shall be subject to approval by tne ad,ninistrator . Thc: � administrator :nay disapprove a contract form if he 3eter:nines that the contract is inconsistent wit:� tne r;�les and regulations or otizer applicaele law. A holder �nay not use a contract tnat nas �een � disapproved by the administrator . (c) A no13�r shall notify th� a3ministrator of th2 t�rmination of a subcontract a�reement with a 3river �aitnin five business days after ter;nination. 14 - � . . ,\ S2c. 4-4 . INSURANCE. (a) A hol3`r s;�all ;�3intain in for�e 3urin3 the authoriz�3 p�riod of its operating authority an amount and charact:r of iasurance coverage for all ;notor vehicles sse3 in its taxicab szrvice w��icn is not l�ss that that specifiz3 by tn� T2xas 3ailroa3 Co,n:nission for vehicles of �omo3rabl� size. Operatin� autnority will not be grante3 or renewed , unl�ss tn� applicant or h�ld2r furnishes Lhe administrator with all proof of insura:�ce the administrator consi3ers nec�ssary to det�r�nine wizeth�r tn� applicant or Zolder is ad�quately insured under this section. (b) Except ror s21f-insurance, insurance required under this section must: (1) be carried �aith an insurance co.�npany authoriz�3 to do busin�ss in the Stat2 of Texas ; (2) name as insureds the Dallas/Fort �lorth Regional Airport and the citi�s of Dallas and r^ort �Torth; an3 (3) include a cancellation ri3er un3er which the insurance com�any is requir�d to notify tne a3,ninistrator in writing not fe;ver than 30 days oefore cancelling or :naking a ,natarial cnange to the insurance policy. (:.) A nol3er �nay be self-insur�d in tne manner prescrib`3 by tne T�:cas Safety-�2es�onsibility Act if the administrator deter,nines that the holder can furnis:� protection of tne sa:ne character and amount aa if th� insurance were carried by an insurance co,�npany. In considering autnorization of self-insurance, the a3ministrator shall consider tne financial fitnzs� an3 the past record oi �nanag2ment responsii�ility of thz holder and may establish �aximum coverage limits for whiciz th� holder ,�nay self-insure. If at any ti:nz th2 a3ministrator det�rmines that a s�lf-insured holdzr is unabl� to provide adzquate self-insuranca , tne a3,�ninistrator by written notice s:�all or3er the hol3er to acquire insuranc� from an insuranc� company, and the holder shall comply with the order not �ore than 30 3ays after the notic� is serve3. • (d) A copy of documen�s zstablishing co,npliance witn insurance re3uirements shall be on file with the administrator at all times. Failure to maintain mini�num insurance stan3ards shall result in the im�e3iate suspension of nolder ' s o�erating authority. If operating � autnority is susp`ndz3 for iailure t� maintain insurance, it may not �— be reinstated until satisfactory proof of insurance meeting mini:nu;n requirements is sub,�nitted to and confirme3 by the a3ministrator . Tne fee for reinstat�:;�ent ot operating authority after a suspension under this su�section is $200 . ., � 15 � Sec. 4-5. HOLDER' 3 SERVICE RESPONSIBILITIES . (a) A nol3er shall provide taxicab service for passengers at the airport in ac�ordancz wit� szrvice levels and stan3ards ap�roved oy tnz a3ministrator , the airport board and the cities of Dallas and r^ort �lortn. (D) A nolder s;zall provi3e and maintain a fleet of taxicab vehicles �f suffi,:ient numbar to provi3e ad2quate servicz to �n�zt the normal levels of 3emand at tne airport and extraordinary l�vels of de:nan3 resulting from conventions , holidays , or othzr p�riods of hign traffic. (.:) A holder s:�all cooperate ;aitn the administrator in all phases of taxi oazrations to provid2 prompt, efficient , and economical servic� an3 shall respond promptly to specific reguests by the a3:ninistrator for taxicab s�rvice during perio3s oF shortage . (3) A hol3zr shall provi3e taxicab service promptly, upon 32�nand, to any patron of thz airport an3 to any location in the service area. ARTI�LE V. SERVI�E RULES AND REGULA•TIONS ��C. �-1 . DRIVER' S DAILY i•3APdIFLST. (a) Eacii 3river permitt23 to originate taxicab trips at the airport shall 3ocument airport trips on a daily manifest required by the city or political supdivision from �rnicn �`�e is licenszd. The recor3 oi trips originating at thz airport shall in�lude : (1) taxica�b number , driver ' s name, 3ate, nours of operatio�, ���ter number , total ��iles , pai3 ,t�il2s , units , trips , an3 extras ; (2) time, place, origin, and 3estination of each trip; (3) number of passe��gers and amount of fara and oLher charg�s ; and (4) other infor.�nation required �y the ad��inistrator to ai3 in tiie discnar�e of his dutias. (n) Eacn driver shall complete a manifest on a separate form for each tour of duty. The 3rivzr snall provide the information . re�uired by tn� form �n3 shall recor3 tne information with regard to trips at t:�e end oF each trip. Thz 3river s:zall return complet`3 maniEest tor�ns on a r�gular s:.hedule to the nol3er under �ahose authority he is op2rating . A driver shall �rovide a copy of his 3aily ;nanifest to the ad,ninistrator upon requ�st. .., - 16 , � Sec. 5-2�. PARrING. � A 3river s�zall park only on designated taxicab stands while serving tnz airport. Sec. 5-3 . LOADIi1G AND DI�CHARGE OF PASSENGERS. (a) A driver szall load �assengers and baggage into a taxicab only at 3esignate3 loadin� areas. (b) A 3river shall use the lower level at tera�ninals to discharge passengers , �xcept when increased har3s�ip would result to a pa�senger afflicted �aith a physical or mental disability. Sec. 5-4 . CRUI3Ii1G THE AIRPORT. A 3river shall not �ruise the airport. A driver is "cruising" azytilne tnat tie driv�s a taxicab within 1000 fe�t of a ter:ninal or a hotel on the airport without: (1) a pass�nger to be discharged at the terminal or hotel ; or (2) trip authorization by the administrator . SeC. 5-5 . REPRESENTATION OF AVAILABILITY OF TAXZCAB. A driver ,nay not re�resent tnat his taxicab is en�a3ed wnen it is in fact vacant. A driv?r may not r2present that nis taxicab is vacant cahen it is in fact engaged. Sec. 5-0 . REFUSAL T� TRANSPORT PASSENGERS. "vJnile op�rating a taxicao a driver shall not refu�e to trazs�ort a �erson who requ2sts service unless : , (1) tne person is 3isorderly; (2) th� 3rivar is engaged in answ�ring a previous request for s2rvice; (3) the driver nas reason to �elieve that the person is engaged in unlawful conduct ; or (4) t:�e driver is in Fear of his personal safety. � 3ec. 5-7 . PASSENGER LI:�lITATIONS. (a) r�hile op?rating a taxicab, a 3river �nay carry only a person caho is a paying passenger , unless the person is an employee of the ta:ticab service that employs or contracts with the 3river or a governm�ntal inspector acting in an official capacity. •6 17 (�) A 3river may not carry at the same time a nu.�bzr of passengers exce23ing the designate3 aeating capacity of the taxicab. Sec. �-8 . CARRY PASSEN�JERS BY DIRECT ROUTE. A 3river snall carry a passenger to his destination by tne ���st dir�ct an3 zxpe3itious route available unless otherwise 3irect�d ay the passenyer . S2c. 5-9 . �OLICITATION OF PASSE�IGERS . A 3river may not soli:.it pass�ngers : (1) from a location :nore than 25 feet from his taxicab; (2) in a way that annoys or obstru�ts the mo��ement of a person; or (3) ny �aying an e:nploye� of anotner business to solicit passengers for or give preferential treat;nent in 3irecting passengers to tne 3rivzr ' s taxicab. Sac. 5-10. REGULaTIO.VS FOR USE OF TAXICAS STANDS . (a) Svnile usiag a taxicab stand, a 3riv�r shall not: (1) go beyon3 25 feet of his taxi.:ab zxcept to assist a pass2nger as reasonably n�cessary aft�r being zngaged ; (2) interfere witn the or3�rly �rogression of taxica�s fro:n t:ne rear to the front of the taxican stand ; (3) p�rform or allow to be performed repairs or maintenance on a taxicab wnile parked on the taxicab stand ; (4) assi3n or sell 'nis �osition in a taxi�ab stan3 t� an�tzer ; (5) interfere witn a taxicab entering a stan3 on whicn tnere is a vacant space; (o) �ngage a passenger- witnout first �rogressing from the rear to the front of the taxica� stand unless otner�aise instructe3 to do so oy tne administrator ; or � (7) deposit any bottle , can, trash, debris , junk , or otner obj�ct on or around a taxicab stan3 exc�pt in an authorized trash receotaci� . ... . 18 (�) A �erson shall not park a taxicab on a taxica� stan� unless t.ze taxicab is For hire. (c) A taxica� left unattende3 in violation of Subsection (a) (1) of this s�ction is illegally parke3 and may bz removed fro,�n the taxicab stand an3 i,�npoun3ed. Sec. 5-11. �ONDUCT OF DRIVERS. A 3river snall : (1) conduct hi�self in a reasonable , prudent, and courtzous manner ; (2) maintain a sanitary and well-groomed appearance ; (3) not r�spon3 to a dispat�hed call assigned to another driver ; (4) not consu�z alcoholic bev�ra�es, 3rugs , or other substances cahich cou13 adversely affect his ability to drive a �notor v�hicle ; (5) not �nonitor the radio frequency of a taxicab company other than his own nor respon3 to a call for service dispatch�d by another ;.o�n�any; (6) not �ossess a ra3io e�uipped to rzceive the frequency of a taxi�ab co:npany, other tnan his own; (7) not interfer2 with the ad.�ninistrator in thz perfor��nance of his 3uties ; (8) not gatner , congregate, or otherwise obstruct entrances or pas,sag�ways of any ter:ninal , hotel , or oth�r airport buil3ing in a �nann2r that annoys or i�npedes the ��novement of a �erson; an3 (9) co;nply with lawful orders of the administrator issued in the �erformanc2 of his 3uti�s. S2�. 5-12. RETURN Or PASSENGER' S PROPERTY. Upon fin3in� property in a taxicab l�ft by a passen3er , thz 3river shall immediatzly return the property to tne ocaner . If tne � 3river is unablz to locate t:�e owner or iP t:�e 3river 3oes not ;cno:� the identity or whereabouts of th� owner , the driver shall , within a reasonable ti�ne , deliver t:�e prop�rty to the administrator . .. � 19 Sec. 5-13. SERVICE REGULATION� FOR BUSINE�S E�TABLIS�td�NTS REQUESTIN:; TAXICABS FOR ;:UST0.�ILRS. An emaloye2 of a business establisn��nent , oLizer than a taxicab service, who a�ts as an a�ent in obtaining taxicab service for prospective taxi�a� pass2ngers shall not: (1) solicit or acc��ot �ay,�ent from a driver in return for giving preferantial treat:nent in 3ire;.ting oasseng�rs to a 3river ' s taxicab; or (2) interfere with tne or3erly pro3ression of taxicabs from th� rear to the front of a taxican stand. ARTICLE VI . FARES Sec, b-l. R?�TES OF FARE; DISPLAY OF RATE CARD. (3) A driver , nol3er , or owner shall not cnarge a fare for operating a taxicab at tne airport that is inc�nsistent with the rates authorized by tnz city of Dallas. (�) A driver , holder , or owner snall display a �rinted car� or stickzr containing tne a�proved airport rates of fare. Tne For,n, cont�nt an3 location of t1e car3 or sti;,ker are subject to a�proval by tne administrator . Sec. 6-2 . CO;�pUTATION OF FARES. (a) Eac� taxicab shall De equipp�d witn a taxi�neter . A driver , holder , or ocvn2r s:�all charge only a f�e as �ompute3 by tne taxi:net2r unless otnerwise authorizzd by this section. (�) A 3riv2r , i�ol3�r , or owner shall charge the followi.�g incentive fares : (1) 3 $5 charg� for �ach ter�inal transfer , wnich is � a taxica� tri� that both originat�s an3 t�rminates at tne air�ort without requiring exiting from the air�ort toll booths ; (2) a $10 :nini:num charge each tine a taxi:.ab trip requir�s zYiting from the airport toll booths ; and � (3) a $3 char�e for eaca tri�, other than a ter�ninal transfer , originating at the airport bet�,aeen midnight and 6 a.m. (c) A 3river , hol3er , or owner shall charge $20 (�23 between mi3night an3 G a.��n. ) or the metered rate plus extras, lawful tolls, and incentive fares , whicnever amount is less, for a trip tnat: • .,. 20 T (1) ori�inat2s at the airaort an3 t2r�ninat�s at a location: (A) in tne Dallas central business 3istrict; (B) wit�in 1000 feet of the Dallas centrsl businzss district boundaries; or (C) within 1000 fe�t of routes oetween the airport and the Dallas central business district to be d�signated by the a3ministrator ; or (2) ori�inates at a location described in Subsection (c) (1) an3 ter�inates at the airport. (d) A driver ,� ho132r , or owner shall charge $22 ($25 between �i3night and 6 a..�n. ) or th� metered rate �lus extras , lawful tolls, and incentive fares , wnichever amount is less, for a trip that: (1) ori3inates at the airport and ter�ninat�s at a location: � (A) in tne Fort ;9orth central business 3istrict ; (3) within 1000 feet of tne r^ort "v7orth cantral business district boundaries ; or (�) within 1000 feet of rout�s between tne air�ort and tne I'ort nlorth central pusin�ss district to bz 3esignat`d oy the a3�ninistrator ; or (2) ori�inates at a location 3escribe3 in Subsection (3) (1) and ter�inates at the air�ort. (e) For the purpose of this section, �entral business 3istrict means: (1) for the city of Dallas , the area boun3ed �y ;�oodall Rodgzrs Frzeway on th2 north, C2ntral Expressway on the east, R. L. T�ornton rr2eway on the soutn, an3 Stemmons Freeway on the :�est ; and (2) for th2 city of Fort Worth, the area boun3ed by Belknap JL�?t on the north, Interstate 35 on the east, Interstate 30 on tne soutn, and Summit Avenue on thz west. Sec. 6-3 . DESIGN A:�1D TESTI[VG OF TAXIMETERS. � '— (a) A taxi��neter must accurately register in legible figures total miles, pai3 niles, num.�er of Fare units , numb�r of trips , extras , an3 total fare for a tri�. Figures denoting the fare must be illu,ninated when the neter is activsted. ., � 21 . ' . ;- .� 1 (b) A taxi�n2ter must be e�uipped to indicat2 whether the taxicab is anga3�3 or vacant tJlth a tamper-proof syste�n connecting t:�z taxi;neter to a light on top oE the taxicai� that, whzn lighted, i� visiblz from all 3irections. The �ystem .�nust oe 3esigned the light is automaticall� illuminated wilile the taxi�netert�is registering a fare. ' (c) If the taxim�t�r employs a flag, tne tlag must project above the dashboar3 so as to be easily seen from outsi3e tne taxicab when in the non-earning position. (3) The taxi�neter or its drive system must be szaled at all point� at which co:npon�nts , if �nanipulated , could aff2ct the function or accuracy of the taximeter . (e) Thz desi�n of a taxi,neter is subject to approval by the administrator to assure that it complies :�ith this section. (f) Each taxi;��ter shall be maintained in good operating con3ition an3 be tested an3 s`aled at least once each year to assure ���pliance :�ith w2ights an3 measures laws . (�) The administrator :nay or3er 3 ta:cimeter to oe tested at any tim�, and a nol3zr , owner , or driver of a taxicab shall make th� taxicab availabl� for taxi,�et2r testing when so or3ered. (n) The �holder , owner , or 3riv�r of a taxic3b shall i�e rzsponsibl� for oaying the cost of testing a taxi��neter . Sec. 6-4 . FARE COLLECrION PROCEDURES. (3) �efore c:�anging th� taxi,netzr to indicate tnat the taxicab is vacant, a 3river shall call tne attzntion of tnz passe��ger to the 3mount of fare registered on tne taximeter . (�) Upon re�sest by a person paying a far= , a driv2r shall giv� t:�e person a legible rec�ipt showing : (1) tiZe name of the holder under whose authority t:�2 ta�cicab is o�erated ; (2) the taxicab nu;nber ; (3) the itemized �list of cnarges ; '- (4) the total amount of fare pai3 ; (5) the �ate of pay��nent ; aa3 (6) the driver ' s signature . .., 22 . \ (c) A holder shall �orovide each driver opzrating a taxicab under its authority with printed receipt forms adequate for provi3ing the information require3 in Subsection (b) . ARTICLE VII . VEHICLES AND EQUIP�dENT S�c. 7-l. FALSE REPRESENTATION AS TAXICAB. A person commits an offensz if he : (1) represents that a vehicle is a taxicab if thz vehiclz is not in fact a taxicab authorized to operate at the airport; (2) operates a vehiclz at the airport that is not a taxicab if the vehicle is marked, painted, or equipped in 3 way that is likely to result in mistaking the vehicle for a taxicab; or . (3) solicits or attempts to solicit passengers unless he is operating a taxicab authorized to serve the airport. Sec. 7-2 . VE:-iICLE RE�UIREL'�ENTS AND IVSPECTIONS. (a) All taxicabs serving the airport shall comply witn city ot Dallas taxicab standar3s concerning condition, age , equipment, signs, and markings. (b) The a3ministrator shall inspect eacn taxicab, for co�npliance �aith the rules and regulations before it is placz3 in service and ac oth�r times deter;nined necessary by the administrator . (c) A nold2r , owner , or driver shall ;nake a taxicab a�ailable for inspection �hen ordered by the administrator . (d) Ir a hold�r , owner , or driver fails to ,nake a ta�icab availaole for ins�ection or if the administrator 3eter�ines that � taxicab is not in compliance with the rules and regulations , the ad,�inistrator may order the taxicab removed from service at the airport until it is .nade available for inspection and brought into compliance. (e) If the a3ministrator deter:nines that inspection of the mechanical condition or safety equipment of a taxicab oy an axpert mechanic or technician is necessary, the holder , owner , or driver � shall pay th� cost of the inspection. (f) Wh�n a taxicab is removed from service at the air�ort and placed back in service at the airport witnin 15 days by the sa��e owner , the owner snall pay to the administrator $25 for reins�ection. ., 23 (9) Before any taxicab will b� airport, the ad,ninistrator shall be aPProve3 for service at the registration for the vehicle with the State eof T xas3 or Pa billtof sale if the vehi�le is new and nas not the na�e of t;ze indivi3ual or nold� yet been registered , showing snown on tne registration or bill W of g sale V�hicle. The ocvner a3�ninistrator shall notify the administrator of rany e change tin ownership of tne taxicab within 10 business days. (n) The maintenance of taxicabs shall be the r�sponsibilitl of t!�e owner , 3river , or holder . The administrator may revoke or suspend opzrating authority for any taxicab if a�pearance falls below acceptable stan3ar3s. Sec. 7-3 , RE�UIRED E�UIP:�SENT. Unless otner;aise sp2cified in the operating autnority un32r which a taxicab is operated, and in addition to other equi ment required by tne rules and r2gulations, 3 P sh311 provide and maintain the tollowing equipnent� forneach taxicaber det�r;ninedlby thetdesigned Se tlnh �assenger, the number of which is 9 pacity of the taxicab; (2) heater and air conditioner ; (3) fire extinguish�r of at least one qu3rt capacity; (4) equipment to indicate when a taxicab is op2rating for hir� and ;ahen it is not for hire; (5) top light; (6} �ap of the airport service area; and (7) decal complying with Section 7-4 of the rul�s and regulations. Sec. 7-4 , TAXICA3 ,�ECALS. (a) `1'he holder , owner , or driver of each taxicab shall annually ootain from the administrator a decal indicating the taxicar� � s authority to operate at the airoort. The decal ,nust be attache3 to � the taxicab in a manner and location approved by the administrator . � The annual fee for a decal is $10. (b) The ad ministrator ,nay cause a decal to be removed from a taxicab wnicn at any tim� fails to meet the minimum standar3s for appearance, condition, age , or equipment. The fee for reissuance of a decal to a taxicaQ from whicn a decal has been removed by the administrator is $25, .L. 24 � (c) A person co�:nits an offense if he ; (1) o�erates a taxicab at the air�ort witn an ex�ire3 decal or with no d2ca1 affixed to it; (2) attaches a 3eca1 to a vehicle not authorized to o�erate as a taxicab at the airport; (3) forges , alt�rs, or counterfeits a taxicab 3eca1 requir2d by this section; or (4) possesses a forge3, altere3, or counterfeited taxicab . 3eca1 re�uire3 by this se�tion. Sec. 7-5 . OFF DUTY STATUS OF TAXICABS. (a) Eacn taxicab is presumed to be on 3uty and rea3y to serve tne general publi� For nire. If a driver is off-duty and 3oes not intznd to provide taxicab service at the airport, he shall comply with the following requirements. (1) The 3river shall place a sign, to b2 provi3ed by the ho13�r , in the ta�icab indicating the words "OFF DUTY" printed in letters not less thaa three inches in neight with a stroke of not less tczan 3/8 incn . The l�tters shall be on a backing of sufficient tnickness to not easily bend. (2) ;�h�n a 3river is off-3uty, he shall display the sign in an uprigtit �osition in the front win3o�a on the right sidz of the taxicaL� so as to b� easily seen and read from outside of the taxicab. (�) An oFf-duty driver s:zall not park or stan3 nis taxica5 on a taxica� stan3 or within 500 feet of a taxicab stand or along or in the one hour parkin� zones of th� airport roadcvays. . ARTICL� VIII . ENFORCEMENT Sec. 8-1 . AUT:iORITY TO I�ISPECT. Tnz administrator �ay inspect � ta�icab service operating at tne airport to .�etermine wnether the service co��plies with the rul�s and regulations e�tablished for taxicab op�ration .or other applicable law. � SeC. 8-2 . ASSISTAN�:E 3Y I�IRPORT DLPART:'IEi1T Or PUBLIC SAFETY. Upon sp2cific request of the ad�ninistrtator , officers of tne airport' s department of public safety may assist the administrator in the enforcement of the rulzs and regulations. .. 25 � � Sec. 8-3 . CORRECTION ORDER. (a) If the administrator determinzs that a :�o13er violates ter:ns of its operatin3 authority, the rules and regulations , a lawful order of the administrator , or other law, tne ad��inistrator may notify the ho132r in writing oP the violation and by written order 3irect tne holder to correct the violation within a reasonable perio3 of ti��e. In setting tae ti��e for correction th� a3ministrator shall consi32r the degree of dangar to the public health or safety and the nature of the violation. If the violation involves equipment that. is unsafe or functioning improperly, the administrator shall order tne hol3er to i,�mediately cease use of the equipm�nt. (b) If the administrator determines that a violation is an � i���inent and serious threat to the oublic health or safety, the administrator shall order the hol3er to correct tne violation i,�n��nediately. If the holder fails to coinply, tne administrator shall promptly take or cause to be taken any action he considers necessary to the imme•3iate enforczment of the order . (c) T.`�e ad��inistrator shall include in a notice issued under this section: (1) an identification of the violation; (2) the 3ate of iasuan�e of the noticz ; (3) tne time p�rio3 within whicn the violation must D2 corrected ; (4) a warning that failure to comply witn tne or3er may � result in sus�ension or revocation of op�rating authority or i�nposition of a fine or both; and (5) a statement indicating tnat tne order may be appealed to the city manager . �ac. 8-4 . SERVICE OF NOTICE. (a) A holder �hall designate and maintain a representative to : � (1) rec�ive service of notice requirzd �nder tne rules and regulations to be given a holder ; and � (2) serve notice required under the ru12s and regulations to be given a 3river employ2d uy or contracting �aith a holder . {b) Notice required under the rules and regulations to be given : .,. . 26 � , -, (1) a noldzr must be �ersonally served by the administrator ' or tile hol3er or the holder ' s designated representative ; (2) a 3rivzr license3 under Article III must be p�rsonally served by the a3ministrator or sent by certifi�d United States Mail, five-3ay returz rz�eipt r��uest�d, to the address , last known to the a3ministrator , of the person to be notifie3 , or to tne 3esignated representative for 3rivers ; or (3) a person otner than a driver licensed under Article III or a ��13er may be served in tne �nanner prescribed by Subsection (b) (2) . ' (c) Service executzd in accordance with this section � constitut�s notice to the person to whom tne notice is ad3resse3. Tne date of service for a notice tnat is mail�d is the date of receipt. (d) This section 3oes not apply to noticz served under Section 3-11 (a) . Sec. 8-5 . A�PEAL. (a) A hol3er may ap��al a correction or3er isaue3 under Section 8-3 or any otner action of tize ad��ni.�istrator if an ap�eal is requested in writin� not more than 10 days after notice of the or3er or action is receive3. (b) The city ma:�ag�r or his designatzd representativ� shall act as the appzal h�aring officer in an appeal hearing under this s�ction. The hearing officer shall give tne appealing party an opportunity to present evidence and make argum�nt in his benalf. Tne for:nal rules of �vidence do not apply to an appeal hearing under this section, and t:�e hearing offic�r shall makz his ruling on the basis of a preponderance of evidence presente3 at thz :�earing. (c) Thz hearing offic2r may affirm, r�o3ify , or reverse all or part of the order of the a3ministrator . •I'ne 3ecision of the hearing officer is final. Sec. 8-6 . Criminal offznses. � (a) A person commits an offense if ne violates or attempts to � violate a provision of t.'�e rules and regulations applicable to hin. � A culpabl� mental state is not required for the commission of an offense under the rules and regulations unless the provision 3�fining tne con�uct expressly requires a �ulpable mental state . A separatz ofFense is committe3 each ti�ne an offense occurs. An ., � 27 � � � ., offense ��m.�ittz3 un3zr tne rules an3 regulations is �unishable by a fine not to excee3 $200 . (b) Prosecution of an offense under Subsaction (a) �oes not prevznt tne use of ottier enforc���ent r�medies or procedures applicabl� to th2 person charged with or the conduct involvzd in the offensz. 1933D � .,. 23 � - ., � r. • EXHIBIT B Agenda Item (13) Adoption of Taxicab Rules and Requlations Board member Joe Haggar proposed that the Taxicab Rules and Regulations under consideration be amended so that: ` (I) Section 3-2, C�ualifications fo� a Taxicab Driver's Permit, conform to the current City of Dallas taxicab regulations with regard to driving while intoxicated, and (2) The $3.00 charge for each trip originating at the Airport between midnight and 6:00 a.m. not apply to terminal transfers. The amendment described above was moved, seconded, and unanimously adopted. It was then moved that Resolution No. 83-197 be adopted. RESOLUTION NO. 83- 197 � B� IT RESOLV�D BY THE DALLAS-FORT WORTH REGIONAL AIRPORT: S�CTION I. That Chapter Two of the Code of Rules and Regulations of the Dallas-Fort Worth Regional Airport Board, dated September, 1971, being Board Resolution No. 71- 172, entitled "Regulation of Vehicles", subsequently amended by Resolution No. 74-59, adopted on January 8, 1974, and further amended by Resolution No. 76-127, adopted on November 2, 1976, be further amended by repealing the present "Section 9" enacted on October 7, 1980, and enacting the attachment hereto as the new "Section 9", to be entitled "Dallas-Fort Worth Regional Airport Taxicab Rules 8� Regulations", same being made a part of this Resolution as if copied at length herein. . SECTION 2. That the provisions of this Resol�tion shall be deemed to be severable, and if any of the Sections, paragraphs, sentences, clauses, phrases or words of this Resolution shall be held to be invalid or unconstitutional by tlie judgrnent or decree of any court of competent jurisdiction, the remaining portions thereof shall be unaffected thereby and shall remain in full force and effect. SECTION 3. That any person who violates any provision of this Resolution shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not to exceed T�n�o Hundred ($200.00) Dollars. S�CTION 4. �That Chapter Two of the Code of Rules and Regulations of the Dallas-Fort Worth Regional Airport Board, as amended, shall remain in full force and effect, save `— and except as amended by this Resolution. SECTION S. That the Executive Director is authorized and directed to request the City Councils of the Cities of Dallas and Fort Worth to approve this Resolution by the enactment of appropriate Ordinances, and that this Resolution shall take effect upon the f inal passage of such Ordinances. ., . t. STATE OF TEXAS � COUNTY OF DALLAS � COUNTY OF TARRANT � I , Barbara Hollis, Staff Secretary of the Dallas/Fort Worth Regional Airport Board do hereby certify that the foregoing is a true and correct copy of Resolution No. 83-197 passed and adopted by the Dallas/Fort Worth Regional Airport Board on the 6th day of December, 1983. WITNESS MY HAND AND SEAL OF THE OALLAS/FORT WORTH REGIONAL AIRPORT BOARD this the 7th day of December, 1983. � � Staff Secretary � Dallas/Fort l�lorth Regional Airport Board .,, . ., �