Ord 10-2013 2/19/2013 ORDINANCE NO. 10-2013
Ordinance Amending Sections 110-27, 110-32, 110-55, and 110-117 Of
The Code Of Ordinances of the City of Wichita Falls To Modify The
Regulation Of Vehicles For Hire; Providing A Penalty Of Up To $500
Upon Conviction; And Providing for Codification
WHEREAS, Chapter 110 of the Code of Ordinances currently regulates Vehicles
for Hire;
WHEREAS, the City Council desires to regulate taxicabs in a safe and efficient
manner to serve the citizens of this community; and
WHEREAS, the City Council desires amend the ordinance to respond to changes
in the taxicab industry.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1 . Section 110-27 of the Code of Ordinances of the City of Wichita Falls is hereby
amended to read as follows:
"110-27 Insurance - Taxicabs
(a) Before a vehicle permit is issued to operate a taxicab in the city, the
franchise holder shall procure and furnish to the Director and shall thereafter keep in full
force and effect a liability and property damage insurance policy of not less than the
greater of the following:
(1) The minimum requirements of the state or Federal law; or
(2) At least $100,000 per accident for injuries and at least $50,000 per
accident for property damage.
(b) Every insurance policy shall insure all of the taxicabs owned, leased,
contracted for or controlled by the holder of such franchise and used in such taxicab
service for which a franchise has been authorized. Such policy shall inure to the benefit of
any person who shall be injured or who shall sustain damage to property caused by the
operation of such vehicles.
(c) Every such policy of insurance shall be issued by an insurance company
organized and existing under the laws of Texas or having a legal right to do business in
Texas.
(d) The franchise holder shall keep current insurance certificates covering all of
its vehicles on file with the Director during the term of the franchise and shall cause
evidence of insurance for each of its vehicles to be continuously kept in the glovebox of
each said vehicle. Insurance certificates and policies shall name the City of Wichita Falls
as an additional insured, provide the City with at least 30 days notice of cancellation, non-
payment of premium, or non-renewal, and include a waiver of subrogation in favor of the
City.
2. Section 110-32 of the Code of Ordinances of the City of Wichita Falls is hereby
amended to read as follows:
"110-32 Refusal to Convey Passengers by Taxicabs
(a) While driving a taxicab, a driver shall not refuse to convey a person who
requests service unless:
(1) The person is disorderly;
(2) The driver is engaged in answering a previous request for service;
(3) The driver has reason to believe that the person is engaged in
unlawful conduct; or
(4) The driver is in fear of his personal safety.
(b) While driving a taxicab, a driver shall not refuse service requested by a
radio dispatch when the location for pick up is within a reasonable distance from the
location of the taxicab.
(c) A driver for a franchise holder may not refuse to accept a passenger who is
disabled nor may they charge a higher fee or additional fee to a person who is disabled,
based upon the person's disability, use of a service animal, wheelchair, crutches, or other
mobility assistive device.
(d) A driver is required to transport a service animal, wheelchair, crutches, or
other mobility assistive device at the time of the service provided for that disabled
passenger, provided the driver can reasonably accommodate the aforementioned items
with the taxicab. If a driver identifies a motorized wheelchair or mobility assistive device at
the time of the call for service that may present difficulties with transport in some vehicles,
then the franchise holder shall dispatch a vehicle that will accommodate the motorized
wheelchair or mobility assistive device and transport said wheelchair and/or device at no
additional charge to the disabled passenger."
3. Section 110-55 of the Code of Ordinances of the City of Wichita Falls is hereby
amended to read as follows:
"110-55 - Rate Schedule; Authority to Establish; Measurement of Distance
(a) The maximum rates and fares that taxicabs may charge are as follows:
(1) Flag drop charge... $2.75 plus $0.45 for each fifth of a mile or
fraction thereof traveled.
(2) For each one minute of waiting time during each trip . . . $0.42 per
minute
(3) Additional fare for passengers in excess of one . . . $2.00 per
additional passenger;
(4) For trips originating at or within 300 feet of Sheppard Air Force Base
and terminating non-stop at Sikes Senter Mall or Century City/Plaza,
and for trips originating at Sikes Senter Mall or Century City/Plaza
and terminating non-stop at or within 300 feet of Sheppard Air Force
Base, a fixed rate of no more than $20.00 per trip shall be charged
regardless of the number of passengers carried.
(5) Nothing herein shall prohibit charges less than the above stated rates
and fares.
(b) The per-mile surcharge shall be as follows:
City of Wichita Falls Per-Mile Surcharge
Average Cost per Gallon of Fuel
$3.50 to $3.74 $0.20
$3.75 to $3.99 $0.30
$4.00 to $4.24 $0.40
$4.25 to $4.49 $0.50
$4.50 to $4.74 $0.60
$4.75 to $5.00 $0.70
$5.01 and above Approved by City
Council
(c) The City Council shall have the right to change or establish the maximum
rates and fares to be charged by taxicabs or vehicles used for public transportation in the
city at any time it deems necessary.
(d) Any measurement of distance shall be made by the taximeter of the vehicle
operating as a taxicab, provided that such taximeter shall have been inspected and tested
for accuracy and shall be in good working order at the time such rate or fare is charged.
(e) The Director may authorize alternate zone or trip-specific rates to be
provided at the option of a customer."
4. Section 110-117 the Code of Ordinances of the City of Wichita Falls is hereby
amended to read as follows:
"110-117 Qualifications for City Chauffeur's License
(a) To qualify for a city chauffeur's license, an applicant shall:
(1) Be at least 18 years of age;
(2) Be currently authorized to work full-time in the United States;
(3) Hold a valid driver's license issued by the state;
(4) Be able to communicate in the English language;
(5) Have taken an approved defensive driving class within the two years
prior to the filing of the application for a city chauffeur's license;
(6) Not be afflicted with a physical or mental disease or disability that is
likely to prevent the applicant from exercising ordinary and
reasonable control over a motor vehicle or that is likely to otherwise
endanger the public health or safety;
(7) Not have been convicted of more than four moving traffic violations
arising out of separate transactions, or been involved in more than
two automobile accidents in which it could be reasonably determined
that the applicant was at fault during the preceding thirty-six months;
(8) Not have been convicted, placed on probation or deferred
adjudication, or completed a sentence (including a term of probation
or deferred adjudication) for any felony within the last 5 years or
currently be on probation for any Class B or above misdemeanor
involving moral turpitude, violence, or use of a motor vehicle.
(9) Not have been convicted of, or discharged by probation or deferred
adjudication for, driving while intoxicated within the preceding 24
months more than 1 time within the preceding 10 years;
(10) Not be addicted to the use of alcohol or narcotics;
(11) Be subject to no outstanding warrants of arrest;
(12) Be sanitary and well-groomed in dress and person in compliance with
this chapter;
(13) Be currently sponsored by a franchise holder; said sponsorship must
be in writing and said document must be given to Director with the
application; and
(14) Pay the city chauffeur's license application fee and complete a
chauffeur's application form provided by Director."
5. Violations of this ordinance shall be punishable by a penalty of up to $500 per
violation and as provided by Section 1-14 of the Wichita Falls Code of Ordinances.
6. The sections of this ordinance that specify they amend or add to the Code of
Ordinances of the City of Wichita Falls are intended to be parts of said Code, and said
sections of this ordinance may be renumbered or relettered to accomplish such intention.
PASSED AND APPROVED this the 19t" day of February, 2013.
MAYOR
ATTEST:
City Clerk
Affidavit of Publication
THE STATE OF TEXAS #288710
COUNTY OF WICHITA
On this 51h day of March 2013 A D...
ORDINANCE
0 20 3E personally appeared before me, the undersigned authority
Ordinance Amending
Sections 11027, Kathy Salan, Sales Assistant for the Times Publishing
110-32, 110-55, and
110-117 Of The Code Company of Wichita Falls, publishers of the Wichita Falls
of Ordinances of the
City of Wichita Falls Times/Record News, a newspaper published at Wichita Falls in
To Modify The Regu-
lation Of Vehicles Wichita County,Texas, and upon being duly sworn by me, on
For Hire; Providing
A Penalty of uP To he attached advertisement is a true and
A upon Convic- oath states that t
tion; And Providing 1 issues hereof
correct co of advertising published in 1 day ( )
for Codification PY g P
on the following date:
March 3, 2013
/<�� JO-1 -41 —
Sales Assistant for Times P lishing Company of Wichita Falls
Subscribed and sworn to before me this the day and year first above written:
1 ♦
0PAM I URKS
NOTARY PUBLIC
STATE OF TEXAS
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