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HomeMy WebLinkAbout2014-O-25 - Repeals 1986-O-26 Ordinance No. 2014-25 AN ORDINANCE REPEALING THE PROVISIONS SET OUT IN SECTION 113.01 THROUGH 113.17 OF THE CODE OF ORDINANCES AND ORDINANCE NO. 1986-26 PASSED BY STEPHENVILLE CITY COUNCIL ON NOVEMBER 11, 1986; AND ENACTING THE PROVISIONS SET OUT BELOW; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING FOR PENALTY FOR VIOLATION AND FINE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Article I The provisions set out in Section 113.01 through 113.17 are hereby repealed and replaced with those provisions contained herein and set out below. Article II Ordinance No. 1986-26 dated November 11, 1986 is hereby repealed in its entirety. Article III Sections 113.01 through 113.17 are hereby amended to read as follows: 113.01 Definitions The following terms and phrases as used in this ordinance, unless the context clearly indicates otherwise, shall have the meanings respectively ascribed to them in this ordinance. Taxicab—shall mean and include every automobile or motor-propelled vehicle used for the transportation of passengers for hire over the public streets of the city, and not over a defined or fixed route, irrespective of whether or not the operations extend beyond the city limits, at rates for distance traveled or for wait time, or for both, if such vehicle is routed to its destination under direction of the passenger hiring the same with the following exceptions: A. A vehicle being operated as a chartered bus under a contract to carry twelve (12) or more passengers. B. Vehicles being used as ambulances. C. Vehicles rented or leased for operation by the persons actually driving the same, unless the vehicle is transporting for compensation persons other than the one who actually rented or leased the same. Driver—shall mean the person actually driving the taxicab, whether as owner, agent or employee of the owner. Taxicab Ordinance--Page 1 1 City—when used in this ordinance, shall mean the City of Stephenville, Erath County,Texas. 113.02 Responsibility of Each Person Engaging a Taxicab Any person who engages a taxicab or vehicle for hire will do so at their own risk and expense and with exception of the directives as listed in this Ordinance, shall understand the City, its agents, officers or employees, do not in any way represent or undertake to represent the fitness of any taxicab,vehicle for hire, driver, certificate holder, business or company, and it shall be the responsibility of each person to decide whether or not to engage or use the taxicab or vehicle for hire without relying on any action by the City. Further, any person engaging the taxicab or vehicle for hire shall not hold liable the City, its agents, officers or employees for any malfeasance committed by the taxicab, vehicle for hire, driver, certificate holder, business or company. 113.03 Certificate and Permits Required No person or entity shall operate any taxicab service or vehicle for hire service without first obtaining a certificate of operation from the City. No driver employed by the person or entity who has obtained a valid certificate of operation shall be allowed to operate a taxicab or vehicle for hire without first obtaining a permit to operate the vehicle. No vehicle or other mode of transportation for hire may be operated within the City Limits unless specifically authorized, registered, permitted, inspected, insured, and bonded in accordance with this Ordinance. A nonrefundable and nontransferable application fee will be assessed at the time the application is approved. This fee will be determined by City Council resolution. 113.04 Exceptions A vehicle which is lawfully transporting a passenger or passengers from a point outside of the City to a destination within the City, is returning empty by the most direct route to its regular place of business outside the City, is excepted from the provisions of this ordinance, provided however, that no such vehicle without such certificate shall solicit or accept a passenger from any point within the City for transportation to any destination whatsoever. 113.05 Form and Contents of Certificate Every certificate issued under this Ordinance shall be signed by the City Administrator or his designee and shall confirm the name and address of the applicant. The acceptance of the certificate indicates the applicant has agreed to abide by all regulations as listed in this Ordinance. 113.06 Transferability No certificate shall be transferred without the consent of the City Administrator or his designee. Any transfer without prior consent or approval shall cause an immediate suspension of the certificate. The term "transfer" includes a change in the ownership of the company, a new or alternate applicant or partner. Taxicab Ordinance--Page 12 113.07 Duration of Certificate or Permit 1. Effective upon adoption of this Ordinance, a certificate issued pursuant to this Ordinance shall be valid for a period of three (3) years, unless suspended or revoked for cause under the authority of this Ordinance. 2. Effective upon adoption of this Ordinance, a permit issued to a driver is valid for a period of two (2)years, unless suspended or revoked for cause under the authority of this Ordinance. 113.08 Renewal of Certificate or Permit 1. Renewal of a certificate or permit may be done by submitting an application to the City along with a nonrefundable and nontransferable renewal fee at least thirty (30) days before the expiration of the certificate or permit. 2. Renewal of certificates is reviewed by the City and may be approved so long as the certificate holder has: satisfactorily met the terms as outlined in this Ordinance. 3. If all terms are not met, the City will review the applicant's file and if an application is rejected, the applicant must meet all requirements, at which time the applicant will be reinstated. pay the initial nonrefundable and nontransferable application fee. 4. If an applicant is denied for initial application or renewal, the City will notify the applicant in writing of the denial for failure to comply with the provisions of this Ordinance or other applicable law. An applicant may appeal the denial following appeal procedures listed in this Ordinance. 113.09 Application Application for certificate for operation of taxicab service or vehicle for hire service shall be in writing on a form provided by the City. The form shall request the following information. • The name, date of birth and address of each applicant, sole proprietor, partnerships, LLCs, DBAs and corporations. • If a corporation, the address of the principle place of business, names and addresses of each member of the board of directors and officers, and the corporation's permit to conduct business in the State of Texas and any trade names. • The address of each place of business from which the applicant intends or proposes to operate. • A detailed description of each vehicle the applicant proposes to use including, but not limited to, the year, make, model,type,seating capacity and primary color. • Authorization from the applicant for a complete and thorough background check to include all criminal offenses, traffic offenses, and civil judgments against them (this is to include applicants, sole proprietors, partnerships, LLCs, DBAs and corporations). • A list of all drivers who will be operating under the authority of the applicant's certificate. This list will be updated as drivers are added or removed. Drivers will be subject to the same background check as the applicant. Drivers must possess a valid and current Texas Driver's License. Taxicab Ordinance--Page 13 113.10 Fees Application for a certificate to operate a taxicab service or vehicle for hire service shall be made under oath that all information provided is true and correct. It shall be accompanied by a service fee to cover administrative costs to process the application. 113.11 Issuance of Certificate The City shall issue the certificate upon receipt of required fees, signature of applicant on the certificate and the signature of the City Administrator or his designee. The original certificate will be filed at the Police Department. 113.12 Denial of Certificate for reasons other than Criminal Background The City may deny a certificate for any of the following: 1. Applicant fails to meet criteria established in this Ordinance. 2. Applicant refuses to cooperate with any investigation conducted by the City. 3. Applicant makes a false statement of material fact in the application. 4. Applicant has had a certificate revoked within the last two (2)years for any reason. 5. Failure to meet any state regulation related to taxicabs. The City's notice of denial shall be made in accordance with this Ordinance. The applicant has the right to appeal the denial in accordance with this Ordinance. 113.13 Driver and Certificate Holders A certificate holder shall: 1. Indemnify, defend and hold the City harmless for claims or causes of action against the City arising from the conduct of the driver in the operation of a vehicle for hire. 2. Provide that the driver is insured under the holder's liability insurance policy for at least $500,000.00 in liability coverage. 113.14 Non-liability of City for Pecuniary Responsibility Neither the City nor any officer thereof shall be held liable for the pecuniary responsibility or solvency of any certificate holder or insurer or in any manner become liable on account of any act or omission relating to the operation of a taxicab or vehicle for hire. 113.15 State Registration and Inspection of Vehicles The certificate holder shall make certain all vehicles operating under the holder's authority are properly and currently registered and inspected according to State of Texas regulations and statutes. Vehicles operated that are not in compliance with this section are subject to traffic penalties and the certificate holder may be subject to suspension of their certificate. Taxicab Ordinance--Page 14 113.16 Most Direct Route to be Used Any driver of a taxicab employed to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination. 113.17 Complaint Procedure Any complaints received by the City regarding any taxicab service or company, shall be completed in writing. The complainant shall provide in detail the nature of the complaint. The complaint will then be forwarded to the certificate holder and they will have ten (10) business days to respond the complaint. The City will investigate the complaint and will take action to remedy a sustained complaint. The action to remedy a complaint may include a warning, a suspension or revocation 113.18 Appeals,Suspensions, Revocations or Denials of Certificates or Permits For purposes of this section alone, the term "appeal" is synonymous with suspension and revocation hearings only as the procedures are the same. 1. If the City suspends or revokes a valid certificate, or denies a certificate for any reason, the City will give written notice of the intent to suspend, revoke or deny by certified mail. The notice shall indicate the following: A. The reason for the suspension, revocation or denial. B. The certificate holder or permit holder has ten (10) calendar days from the date of notice to comply with any failures of any part of this Ordinance found during an inspection or request an appeal hearing. The holder must respond in writing to a request for an appeal hearing. C. If a written request for appeal hearing is not received in a timely manner, the suspension, revocation or denial will take effect at the expiration of the tenth calendar day after notification. 2. If requesting a hearing, and upon receiving the request for hearing, the City shall schedule a hearing to take {dace five (5) days from the date of receipt unless otherwise agreed upon. Notice of that date will be sent by certified mail. 3. The appeal hearing will take place in front of the City Administrator. The City Administrator will decide to uphold the appeal, deny the appeal, suspend or return for further investigation. The results of the hearing with the City Administrator will be final. 4. Final results of the hearing will be delivered by certified mail. 5. A suspended certificate will not affect the expiration date. 6. If a certificate is revoked, the holder will be ineligible for a new certificate for a period of one (1) year. 7. After a suspension of a certificate, the holder may file for reinstatement with the City by written request. The City will then inspect the operation to determine if the deficiency causing the suspension has been corrected by the holder. After inspection, the City may reinstate or deny the holder based upon the facts ascertained in the inspection. Taxicab Ordinance--Page 15 113.19 Reasons a Certificate or Permit may be Suspended or Revoked A certificate or permit may be suspended or revoked for the following reasons including but not limited to: 1. Failed to comply with an order issued to the certificate holder or permit holder by the City within the time specified. 2. Intentionally or knowingly impeded the City in the performance of their duties. 3. Breached the terms of the certificate. 4. Failed to pay any fees or penalties as listed in this Ordinance. 5. Failed to maintain required amount liability insurance coverage. 6. Failed a vehicle inspection by the State. 7. Failed to register a vehicle and continued to use the vehicle. 8. Committed fraud or willful misrepresentation in the original application or renewal. 9. Failed to comply with any provision of this Ordinance. 10. Use of the taxicab for illegal or immoral purposes, or if the taxicab is used in the commission of an offense against the laws of the State. 113.20 Fares The City will not regulate taxi fares. 113.21 Commercial Advertising on Taxicabs Commercial advertising or devices may be placed on, upon or in any taxicab operated in the city, provided they are securely fastened to the vehicle, do not interfere with driver or passenger safety, and do not obscure lights, logos, telephone numbers, cab numbers, driver vision or safe operation of the taxicab. 113.22 Transportation for Illegal. Immoral Purposes It shall be unlawful for any person operating a taxicab within the city to knowingly transport or offer to transport, or to aid or assist in transporting, directly or indirectly, any person in, on, over or through the streets, alleys or public highways of the city by means of such taxicab, for the purpose of lewdness, assignation, prostitution or any other unlawful or immoral purposes. 113.23 Cruising Permitted 1. Cruising is permitted on any street within the City Limits. If a prospective passenger hails the taxicab or vehicle for hire,the driver may stop and pick up the passenger. 2. The driver of the taxicab or vehicle for hire may not, at any time, actively solicit any potential fares. Solicitation includes by word, signal or sign. 113.24 Penalty Any person violating any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined an amount not to exceed the maximum allowed by law. Each and every day the violation exists shall constitute a separate offense. Taxicab Ordinance--Page 16 PASSED and APPROVED at a meeting of the City Council of the City of Stephenville held on this the 7c6 day of October, 2014. Jerr I K. Vlon II, Mayor ATTEST: XmAd '-�. Z-;-.-J-4jLAJ Cindy L. Sta rd, City Secre Reviewed by Patrick C. Bri s, Interim City Administrator Approved as to form and legality Randy Thomas, City Attorney Taxicab Ordinance--Page 17