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HomeMy WebLinkAbout1986-O-26 - Repealing Art II Code of OrdinancesORDINANCE NO. 1986-26 AN ORDINANCE REPEALING ARTICLE II OF THE CODE OF ORDINANCES OF THE CITY OF STEPHENVILLE AND ENACTING A NEW AND DIFFERENCT TAXICAB ORDINANCE AND MAKING DEFINITION OF WORDS AND TERMS USED IN THE ORDINANCE; REOUIRING PERMITS AND CERTIFICATES OF THOSE OPERATING TAXICABS IN THE CITY; REQUIRING APPLICATIONS; MAKING QUALIFICATIONS FOR THOSE RECEIVING PERMITS; PROVIDING FOR ISSUANCE OF PERMITS BY THE CITY COUNCIL; PROVIDING FOR ISSUANCE OF PERMITS BY THE CITY COUNCIL; PROVIDING, FOR SUSPENSION AND REVOCATION OF PERMITS BY THE CITY COUNCIL; SETTING UP FEES TO BE PAID; FIXING SCHEDULE OF FARES TO BE CHARGED; REQUIRING TAXICABS TO BE WASHED AND CLEANED WEEKLY; REQUIRING MARKINGS ON TAXICABS; REQUIRING TAXIMETERS TO BE EQUIPPED IN TAXICABS; REOUIRING DRIVER'S LICENSE OF DRIVER OF TAXICAB; PROVIDING FOR SUSPENSION, CANCELLATION AND REVOCATION BY CHIEF OF POLICE OF TAXICAB DRIVER'S PERMIT; PROHIBITING TRANSPORTATION OF PERSONS FOR THE PURPOSE OF LEWDNESS, ASSIGNATION OR PROSTITUTION OR ANY OTHER UNLAWFUL AND IMMORAL PURPOSE; PROVIDING ENFORCEMENT, COMPLAINT PROCEDURE AND FINANCIAL RESPONSIBILITY; PROVIDING FOR PENALTY FOR VIOLATION AND FINE OF NOT MORE THAN $200.00 FOR EACH SEPARATE OFFENSE; WITH EFFECTIVE DATE BEING JANUARY 1, 1987. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STEPHENVILLE: Section One Article II, composed of Sections 18-21 to and inclusive of Section 18-42 is hereby repealed as of January 1, 1987. Section Two There is hereby passed and enacted a taxicab ordinance for the City of Stephenville, effective January 1, 1987, the follow- ing ordinance: ARTICLE II. TAXICABS Sec. 18-21. 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. Sec. 18-22. Taxicab. The term "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. Sec. 18-23. Driver. The word "driver" shall mean the person actually driving the taxicab, whether as owner, agent, or employee of the owner, as herein defined. Sec. 18-24. Cruising. The term "cruising" shall mean the movement of unoccupied taxicabs over the public streets of the city in search of or soliciting prospective passengers for hire. Sec. 18-25. Waiting Time. "Waiting time" shall include all the time when a taxicab is not in motion occupied by a passenger and the time consumed while standing at the direction of the passenger or persons who has engaged the taxicab. Sec. 18-26. City. The term "city", when used in this ordinance, shall mean the City of Stephenville, Erath County, Texas. Sec. 18-27. Taximeter. The term "taximeter" shall refer to a machine adapted to automatically calculate, at a predetermined rate, and to register the charge for hire of a taxicab, indicating such charges by means of figures. Sec. 18-28. Permits and Certificates. No person shall drive, operate or cause to be operated, nor shall any person employ, permit or allow another to drive, operate or cause to be operated, any taxicab over any street in the City for the purpose of transporting passengers for com- pensation, nor shall any person accept compensation for the transportation of passengers over any street of the City, without first having obtained from this City under the provisions of this Chapter a permit in the form of a certificate of public necessity and convenience authorizing such operation and acts. Sec. 18-29. 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 trans- portation to any destination whatsoever. Sec. 18-30. Application to be made; information to be shown. Any person desiring a certificate to operate taxicabs in the City of Stephenville shall file with the City Secretary a written application for such certificate. Such application shall be verified by 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 person. If the applicant is a partnership, the name, age and residence of all partners, general and limited. If the applicant is a corporation, its name, date, and place of incorporation, the address of its principal place of business, the names and re- sidences of all its officers and directors, the names and residences of all its stockholders owning ten percent (10%) or more of the total issued capital stock each, and showing the percentage of the total issued capital stock owned by each of them, the total amount and nature of 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 appli- cant is a foreign corporation, a duly certified copy of its permit to do business in Texas. 2. The length of time the applicant has been a resident of Erath County and places of residence for the immediate preceding ten (10) years. 3. The trade name, if any, under which the applicant proposes to operate. 4. The address of the place of business from which the applicant proposes to operate. 5. The make, model, capacity and condition of the taxicabs proposed to be operated; the design and color schemes of each taxicab and the lettering and marks to be used thereon. 6. The number of taxicabs for which the permit is desired. 7. A full list of all convictions of the applicant for any violation of any and all Federal, State, or Municipal laws. 8. Full information pertaining to the extent, quality and character of the service that the applicant proposes to render. 9. A full and complete statement of experience, if any, the applicant has had in rendering such services in the City or elsewhere. 10. Any such additional and other information as may be required by the City Council in its discretion. Sec. 18-31. City Secretary to refer the application to the Chief of Police. When an application for a certificate containing the required information in full, properly executed and verified, it shall be the duty of the City Secretary to forward a copy thereof to the Chief of Police for immediate investigation and report to the City Council. After receiving the investigation report of the Chief of Police, the City Council shall determine whether or not the s applicant is fit and proper, qualified and able to efficiently conduct such business and render such service to the public. In determining whether or not such certificate should be issued, the City Council shall consider, among other things, the following items: 1. Probable permanency and quality of service offered by the applicant, the experience he has had in rendering such service in the City, or similar service elsewhere. 2. The financial ability of the applicant to respond in damages to claims or judgments arising by injury to persons or damages to property resulting from the operation of a taxicab. 3. The character and condition of the taxicabs to be used. 4. The character and past record of the applicant. Sec. 18-32. Grant or refusal. If the City Council finds that the applicant is not fit to conduct such business for any reason, or that the interest of the general public and the City will best be served by the refusal of such application, then it shall forthwith refuse such application and no certificate shall be issued to such applicant. If the City Council finds that the applicant is fit and qualified morally and financially to conduct the business and that the general welfare of the citizens of the City will best be served by the addition of more taxicabs, and that all other requirements of this Ordinance have been fully complied with by the applicant, the City Council shall notify the applicant and all holders of certificates issued under this Ordinance of its findings. Sec. 18-33. Permit to be issued for each taxicab authorized by certificate. With the issuance of a certificate to operate taxicabs in the City, the City Secretary shall also issue an individual permit for each taxicab authorized to be operated under such certificate. Sec. 18-34. Assignment to be approved by City Council. No certificate or permit issued under the terms of this ordinance shall be transferable or assignable without the written consent and approval of the City Council after written application has been made to the City Council thereof. Investigation of the proposed transferee and report thereof by the Chief of Police shall be in the same manner as applications for a certificate. Sec. 18-35. Compliance with provisions; additional taxicabs. The holder of any certificate under the terms of this Ordinance shall be authorized to operate in the City only the number of taxicabs specified in the certificate. If the public's necessity and convenience require the operation of additional taxicabs at any time, then after written application to the City Council, the City Council may authorize such holder to add additional taxicabs to his fleet. After such authorization, the person so authorized may then operate the number of taxi- cabs specified in the certificate granted to it, plus the number of taxicabs it is authorized to add to its fleet as set out above, and the City Secretary shall issue to such applicant a supplemental certificate. Sec. 18-36. Suspension. If, for any reason, the City Council deems that the general welfare of the citizens requires such action or that the best interest of the City will be served thereby, it may by formal action and without any prior notice to the holder thereof, suspend for any period up to, but not exceeding thirty (30) days, any certificate issued under the terms of this Sec. 18-48. Taximeter required. All taxicabs operating upon the streets of the City shall be equipped with taximeters fastened in front of the passengers, visible to them at all times, day and night. No taxicab shall be operated any time with a passenger unless the meter is correctly operating and showing rates that are being charged as established by this Ordinance. The said taximeter shall be subject to inspection from time to time by the Police Department. Any officer of said Department is hereby authorized either on complaint of any person or without such complaint, to inspect any meter and, upon discovery of any inaccuracy therein, to notify the person operating said taxicab to cease operation. Thereupon, said taxicab shall be kept off the streets until the taximeter is repaired and in the required working condition. Sec. 18-49. Drivers permits. It shall be unlawful for any person to drive a taxicab in the City without having first obtained a taxicab driver's permit from the Chief of Police, and without having a valid driver's license issued by the Department of Public Safety of the State of Texas. Sec. 18-50. Application to be made; information to be shown. A written application for a taxicab driver's permit shall be filed and shall be on a form obtained from the Chief of Police containing among other matters, the following informa- tion: 1. A showing of experience of the applicant in driving motor vehicles, including public vehicles. 2. Whether or not the applicant has ever been convicted of any violation of any Federal, State, or Municipal laws, and if so, the particulars of each violation of which applicant may have been convicted. 3. Applicant's name, street address, age, sex, telephone number and places of residence for the three (3) years immediately preceding the date of such application. 4. The name of the taxicab operation for whom such driver proposes to work. 5. Certification by at least three (3) reputable persons personally acquainted with the applicant, showing the applicant to be a person of good moral character. 6. Such other additional information the Chief of Police in his discretion may prescribe on such forms. Sec. 18-51. Additional investigation; payment of fees; issuance of permit; term. 711 If the Chief of Police deems it advisable he shall make such additional investigation of the applicant as he deems necessary to ascertain whether or not he is a fit and proper person to drive a taxicab in the City. If, after examining such applicant and obtaining such information as he deems advisable, the Chief of Police is satusfied that the applicant is a fit and proper person to drive a taxicab in the City, then upon payment of a fee of three dollars ($3.00) by the applicant, the Chief of Police shall cause to be issued to such applicant a permit to drive taxicabs in the City for the City's current fiscal year or the unexpired portion thereof. At the beginning of each succeeding fiscal year of the City, the applicant must obtain a new permit after filling out a new application therefor and paying a fee of three dollars ($3.00). All drivers of taxicabs shall within thirty (30) days from the effective date of this Ordinance obtain a driver permit for the current fiscal year. Fee for a permit to drive a taxicab is intended to defray the costs of keeping the records in the Police Department pertaining to taxicab drivers so that the same will be at all times up to date. Sec. 18-52. Suspension, cancellation, and revocation within discretion of Chief of Police. If at any time in the opinion of the Chief of Police, the public interest, the public safety, or general welfare of the citizens of the City will best be served by suspension or revocation of a taxicab driver's permit, the Chief of Police shall suspend or shall cancel and revoke such driver's permit. No person whose driver's permit has been so suspended or revoked shall drive any taxicab in the City until and unless such permit shall be reinstated by the Chief of Police, or he shall obtain a new taxicab driver's permit. Sec. 18-53. Transportation of persons for the purpose of lewdness, etc., prohibited. It shall be unlawful for any operator or driver of a taxicab to drive, transport or cause to be transported, or permit or allow another to drive, transport or cause to be transported, any person over any street in the City for the purpose of lewdness, assignation or prostitution or for any other unlawful or immoral purpose. Sec. 18-54. Enforcement. Except as otherwise herein expressly specified the Chief of Police is charged with the duty of enforcing this Ordinance and all police officers shall promptly report to him all violations of the provisions hereof or any facts coming to their attention showing a change in conditions existing at the time the certificate was issued to the operator thereof. Sec. 18-55. Complaint procedure. Upon receipt of a complaint from any person who alleges some wrongful act on the part of the holder of a taxicab permit in this City, the City Administrator shall cause to be made a complete report of said complaint of a form to be furnished by the City. Said complaint form shall be completed in duplicate, and one copy shall be sent to the holder of the taxicab permit and the other copy placed on file in the City Administrator's office. The holder of the taxicab permit shall, within ten (10) days from the receipt of said complaint form, furnish the City Administrator with a full, complete, and detailed written report on said complaint. Sec. 18-56. Financial responsibility. The holder of every certificate of public necessity and convenience for the operation of taxicabs shall maintain con- tinuously in force a policy of public liability and property damage insurance in the amounts at least equal to the minimum amounts specified under the Safety Responsibility Act of the State of Texas. Ordinance. In the event of such a suspension such certificate shall be of no force and effect and the holder thereof shall not be authorized to operate taxicabs in the City. For good cause, the City Council may, by formal action, lessen or terminate any such period of suspension. Sec. 18-37. Revocation and Cancellation. If the holder of any certificate shall show by his actions that he is not a fit and proper person to operate taxicabs in the City, or if the financial position of the holder shall reach such a condition that the City Council does not deem the holder able to pay in full, reasonable claims for damages which might be legally established and confirmed, or if for good and sufficient reason, the general welfare of the citizens of the City will best be served by such action, the City Council may, after a hearing, revoke and cancel any certificate issued by it under the terms of this Ordinance. In the event of such revocation and cancellation, the certificate shall be null and void. Sec. 18-38. Fees. As compensation or rental or license fee for the privilege of operating upon and using the public streets and thorough- fares of the City, and conducting and carrying on the business of transporting passengers for compensation on and over the streets and thoroughfares in taxicabs, such holder of a certi- ficate issued under the terms of this Ordinance shall pay to the City at the office of the City Secretary, an amount of fifty dollars ($50.00) annually. Said annual fee to be paid on or before the first day of January each year in advance. Such compensation shall not be construed to be in lieu of any validly assessed ad valorem taxes nor inspection fees. Sec. 18-39. Schedule of Fares. The prices to be charged by all taxicab operators in the City which prices are hereby declared to be fair and reasonable for such services shall be as follows: 1. Eighty-five cents (85C) for the first two (2) passengers on the same call for the first one -eighth (1/8) of a mile or fraction thereof. 2. Ten cents (1N) for the first two (2) passengers on the same call for each additional one -eighth (1/8) of a mile or fraction thereof after the first one -eighth (1/8) of a mile traveled. 3. Twenty-five cents (254) for each additional passenger over two (2) on the same call regardless of the length of the trip. 4. Twenty-five cents (25t) per minute of waiting time after the first minute of waiting time consumed by the taxicab at the request of the passenger. 5. Additional one dollar ($1.00) may be charged for calls between the hours of ten o'clock (10:00) p.m. and six o'clock (6:00) a.m. Sec. 18-40. From the date of passage of this Ordinance until January 1, 1987 the following rates will apply: 1. Two dollars and fifty cents ($2.50) per ride plus fifty cents (50t) per person for more than two (2) passengers, with an additional seventy-five cents (750 per mile charge outside the citv. Sec. 18-41. Right to payment of regular fare in advance. Every driver of a taxicab shall have the right to demand payment of the regular fare before picking up a passenger and may refuse employment unless so paid. Sec. 18-42. Rate to be posted. Every taxicab operator shall post in each taxicab operated by him, in a conspicuous place in view of the passengers to be conveyed, a schedule of fares to be charged for such services. Such schedule shall be printed on a card in not less than twenty-four (24) point black faced type, letter spaced, and giving the rates and distances for which such rates apply. Sec. 18-43. Cruising. Cruising, as defined in this Ordinance, is hereby prohibited. However, upon the completion of a call or upon returning by the most direct route to the stand of the company, such taxicab driver may, if hailed by a prospective passenger, stop and pick up such passenger. Sec. 18-44. Soliciting patronage. It shall be unlawful for a taxicab driver to solicit by word, signal, sign, or otherwise patronage for such taxicab upon any public street of the City, or in or near any public place within the City. Sec. 18-45. Inspection of taxicabs. Before being allowed to operate upon the streets of the City, each taxicab shall be inspected and approved by the Chief of Police or his representatives. No taxicab shall be driven or operated upon the streets of the City unless the same is in safe condition and free from mechanical defects, with particular reference to, but not limited to, lights, brakes, and steering apparatus. Each vehicle shall be inspected annually and an inspection fee of five dollars ($5.00) per vehicle shall be paid to the City upon inspection. Sec. 18-46. Taxicabs to be washed and cleaned weekly All taxicabs operated in the City under permits issued by the City under this Ordinance shall be washed and thoroughly cleaned inside and outside at least once each week while said taxicabs are being operated in the City. Sec. 18-47. Markings. Each and every taxicab operated upon the streets of the City shall have upon its rear and both sides in letters and numbers more than six inches (6") in height and three inches (3") in width, the trade name of the organization under whose certificate such taxicab is being operated. Provided however, where an illuminated sign displaying the trade name is affixed to the top of the taxicab and is visible from the rear of the taxicab, it shall be unnecessary to paint the trade name of the organization under whose certificate such taxicab is being operated upon the rear end of such vehicle. Sec. 18-57. Penalty of violation. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed two hundred dollars ($200.00). Each and every day the violation exists shall constitute a separate offense. Sec. 18-58. Effective Date. This ordinance shall become effective January 1, 1987 at which time all taxicab operators shall be licensed in compliance with the provisions herein. Section Three This ordinance shall go into effect on January 1, 1987. PASSED AND APPROVED this 11tj, day of November, 1986. 7 Mayor ATTEST: City Secretary