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Ord 02-89 1/3/1989 •• • ORDINANCE NO. 4-- P7 ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES WHICH REGULATES VEHICLES FOR HIRE WHEREAS, Vernon's Rev. Civ. Stat. art. 1269j-15 authorizes municipalities to regulate passenger taxicab transportation services; and WHEREAS, improving the quality of taxicab service within the city will enhance the image of the city; and WHEREAS, the current fees assessed for vehicle licenses and chauffeur's permits are not sufficient to offset administrative costs to provide these services; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The following articles, which regulate vehicles for hire are hereby amended, in their entirety, as follows: "Chapter 31 VEHICLES FOR HIRE Article II. Taxicabs Statement of Policy. It is the policy of the City of Wichita Falls to provide for and to promote adequate and efficient Taxicab service in the city. To this end, this chapter provides for the regulation of Taxicab rates and services, to be carried out in a manner that protects the public health and safety, promotes the public convenience and necessity, and respects the concept of free enterprise. Sec. 31-27. Definitions. Chauffeur's Permit or Permit. The term "Chauffeur's Permit" or "Permit" as used in this chapter shall mean that which is issued by the city to the applicant who complies with all the requirements for drivers of this chapter. Driver. The term "Driver" or Chauffeur, " as used in this article, shall mean every person who actually drives or manipulates a vehicle used as a Taxicab, as herein defined, whether as Owner or as agent, servant or employee of an "Owner, " as herein defined. Fit or Fitness of Applicant. The term "Fit" or "Fitness" of applicants shall be construed to mean that the applicant for a 2 Franchise meets all financial requirements and other qualifications prescribed in this article. Franchise. An agreement between the city and another person, under which is granted the privilege of operating a Taxicab service inside the city for a specific period of time and in accordance with the specific terms and conditions of the agreement. Franchise Holder or Holder. The terms "Franchise Holder" or "Holder" shall be construed to mean any person, firm, corporation, association, partnership, or society who obtains a Franchise from the city or has the control, direction, maintenance or the benefit of the collection of revenue derived from the operation of Taxicabs on or over the streets or public ways of the city, whether as Owner or otherwise, except "Driver" as herein defined. Owner-Operator. Is a person who has a right of possession to a vehicle operated as a Taxicab pursuant to a contractual agreement with a Franchise Holder and who holds legal title to said vehicle in accordance with either of the following circumstances: (a) The legal title to said vehicle is registered exclusively to said person; (b) The legal title to said vehicle is registered jointly to the person and to a Franchise Holder and an affidavit evidencing said arrangement jointly executed by the person and Franchise Holder (or its legal representative) has been filed with the city. The affidavit must be notarized and must set out the following averments and conditions: (1) State the make, model and license number of the vehicle which is jointly titled to the individual and the Franchise Holder; (2) That the Franchise Holder assumes and is responsible for all judgments against the Franchise Holder for any personal injury and property damage arising from any accidents involving the vehicle that is the subject of the affidavit; (3) That at the request of the individual Owner, the Franchise Holder will transfer title or cause the title registration to be transferred solely to the individual Owner or to any other party so designated by the individual Owner. (4) That the Franchise Holder understands that following a written request for return of title to the individual Owner, a refusal or failure to relinquish the title or sign the necessary documents to cause the title to transfer as requested t 3 for a period in excess of seven (7) days would constitute a violation of the Taxicab ordinance; (5) That both parties agree to abide by the conditions and averments stated in the affidavit. (c) The legal title to said vehicle is registered to the Franchise Holder and there exists a lease purchase contract between the title holder(s) and the individual operator as purchaser and said purchase contract has been reviewed and approved by the city. Police Chief. The term "Police Chief" as used in this article shall be construed to mean that person who is appointed by the city manager to direct the operation of the police department, or his designated representative. Taxicab. A Chauffeured motor vehicle with a rated passenger capacity of eight or less, used to transport persons for hire that typically operates on irregular routes, irregular schedules, and a call-and-demand basis, but does not include ambulances, buses, limousines or special service vehicles as regulated by other city ordinances. Taximeter. The term "Taximeter, " as used in this article, shall mean a machine adapted automatically to calculate, at a predetermined rate or rates, and to register the charge for the use of a Taxicab. Taximeter Service Inspector. The term "Taximeter Service Inspector, " as used in this article shall mean the employee of the city that is designated by the city manager to supervise the operation and checking of Taximeters and the operation of Taxicabs in the City of Wichita Falls, Texas, whose duties shall be to see that the terms of this article are carried out and to report violations of this article and to file complaints where there is evidence of violations. Taxi Subterminal. The term "Taxi Subterminal, " as used in this article, shall mean and include any place other than a taxi- terminal at which the Drivers or Chauffeurs of Taxicabs, shall receive calls from a dispatcher as said calls are relayed from a taxi-terminal or taxi-stand, and it shall likewise mean and embrace that space and area used by Taxicabs while waiting for passengers. Vehicle License or License. The term "Vehicle License" or "License" as used in this chapter shall mean that which is issued by the city to the Holder or Owner Operator for any authorized vehicle that complies with the vehicle requirements of this chapter. Waiting Time. The term "Waiting Time, " as used in this article, shall mean such time as may be consumed or lost at the 4 special instance and request of a passenger, after such passenger has first engaged and entered a Taxicab to make a trip and before reaching his final destination. Sec. 31-27.1. Certain operations unlawful. It shall be unlawful to operate a Taxicab service in the city except under authority of a Franchise granted by the city, and it shall be unlawful to operate a Taxicab unless it is licensed by the city. Sec. 31-28. Application for Franchise. Every person, firm or corporation proposing to operate a Taxicab service in the city shall make application, in writing, requesting that the council grant a Franchise to operate a Taxicab service under this chapter, and filed with the city clerk, setting forth full and complete information on the following matters: (a) The full name, date of birth, telephone number, permanent residence and mailing address of the applicant. If the person submitting the application represents a partnership, then such information shall be given on all partners and persons having an interest in the business. If a corporation, the name and location of its principal place of business, the name, date of birth, telephone number and address of all the officers and directors of the organization. If the applicant's business is a corporation or association, a copy of the documents establishing the business and the name, address and citizenship of each person with a direct interest in the business. (b) A certificate of assumed name, if such is required by state law to be filed. (c) A current financial statement of applicant. The same shall also be furnished on each partner and if a corporation, the same shall reflect the financial status of the corporation. (d) A complete statement of the assets to be used in the Taxicab business for which the application is being made together with full information on liabilities existing against such assets. (e) Number of vehicles and a general description of the vehicles the applicant proposed to use in the operation of the Taxicab service; description of the operations of the proposed Taxicab service and location of the fixed facilities to be used in the operation. (f) The trade name of the proposed Taxicab operation in this city (and existing name if a company already providing Taxicab service) . 5 (g) Description of the proposed insignia and color scheme for the applicant's Taxicab and description of any distinctive item(s) of apparel to be worn by the applicant's Taxicab Drivers. (h) Description of any past business experience of the applicant, particularly in providing passenger transportation services; identification and description [of any revocation or suspension of] Franchise held by the applicant or business before the date of filing the application; (i) The person signing the application shall indicate his position with the company as individual Owner, partner or corporate officer authorized to sign the document. (j) Such additional factual information as may be reasonably required in this article or under authority of the city manager to afford complete information to the council when presented to them in considering the application. Whenever such application is made to the city clerk under the provisions of this chapter it shall be the duty of the clerk to submit such application to the city council within thirty (30) days and such application shall be considered an application for a Franchise. Sec. 31-29. Franchise - investigation of application and approval. (a) Upon receipt of an application for a Franchise the director of traffic and transportation shall conduct an investigation and make findings of fact concerning public convenience and necessity and other relevant factors, including, but not limited to: (1) The number of Taxicabs presently in operation in the city; (2) The public transportation needs of the city and the adequacy of existing transportation services, including existing Holders, to meet those needs; (3) Whether existing Holders can render the proposed additional Taxicab service more efficiently or effectively than the applicant; (4) The effect of the proposed additional Taxicab service on traffic conditions, Taxicab Drivers' working conditions and wages, and existing Holders and public mass transportation services; and (5) The character, experience, and fiscal responsibilities of the applicant. 6 (b) The applicant for a Franchise has the burden of proving that the public convenience and necessity require the proposed Taxicab service and that the applicant is qualified and financially able to provide the service proposed in the application. (c) Within fifteen (15) working days following the date of application, the director of traffic and transportation shall report in writing his findings of fact and recommendation to the city manager for transmittal to the city council. The city council shall then hold a public hearing to consider whether a Franchise should be granted. Sec. 31-30. Same-Hearing on application; requirement for issuance. (a) Upon receipt of such application the city council shall set a date for hearing upon the same, and it shall be the duty of the city clerk to immediately notify persons interested in whether or not such Franchise shall be granted, which notice shall be given by letter directed to the last known address of persons interested in said application, said notice to be given at least three (3) days prior to the date set for the hearing by the council stating in such notice the number of taxi Licenses applied for by the applicant, and the council shall make or cause to be made investigations, including any hearings deemed desirable as to any applications for such Franchises and shall determine whether or not the public convenience and necessity require the operation of such automobile or automobiles and whether or not the applicant is Fit to conduct such business and may investigate the Fitness of the officers and stockholders of any corporation making such application; and in determining whether or not a Franchise should be granted the council shall give weight and due regard to among other things, (1) probable permanence and quality of the service offered by the applicant; (2) the financial ability and responsibility of the applicant and its organization and personnel; (3) the character of automobiles; (4) the character and location of depots and terminus proposed to be used; and (5) the experience of the applicant in transportation of passengers. (b) If the city council finds that the public convenience and necessity require the operation of the number of vehicles specified, or a lesser number, and that the applicant or Owner is Fit to conduct the business, and that the other requirements herein have been complied with, it shall grant the Franchise by ordinance which shall specify the number of Taxicabs authorized. If it finds that public convenience and necessity do not require the operation of any such automobile or automobiles or that the applicant is not Fit to conduct such business it shall forthwith refuse such application and no Franchise shall be granted to such applicant. 7 Once granted, the Franchise shall remain in effect for a period of five (5) years from the date granted. Upon expiration of the Franchise, the Franchise Holder shall be required to resubmit the application information and be subjected to the application process as prescribed in this article. Sec. 31-31. Multiple Franchise prohibited. (a) No person shall have any pecuniary interest in more than one current, valid Franchise in the City of Wichita Falls. (b) Pecuniary interest means money, property, or commercial interest, the primary significance of which is economic gain but it shall not mean a security interest in the stock or other assets of a Franchise that does not confer upon the Holder a voting interest in the Franchise. (c) Any person having any pecuniary interest in more than one current, valid Franchise in the City of Wichita Falls or a current valid Franchise and a former valid Franchise currently in operation on the effective date of this article, shall have a period of six (6) months from the date of this article to comply with section 31-31(a) , by selling all but one of the Franchises or merging the Franchises. (d) Any person who obtains any pecuniary interest in a Franchise as a result of the foreclosure of a security interest in the stock or other assets of that Franchise, and thereby finds himself in violation of section 31-31(a) shall have six (6) months from the date of violation to reach compliance with that section. Sec. 31-32. Transferability. A Franchise may not be transferred to another unless the proposed transferee files a written application for the transfer with the city clerk, and the transfer application is approved by the city council. Sec. 31-33. Amendments and revocation of Franchise. (a) Amendment to reduce the number of vehicles authorized. A Franchise may be amended by the city council to reduce the number of vehicles authorized under the Franchise when the Holder fails to License and operate the number of vehicles authorized. (b) Amendment to increase the number of vehicles authorized. A Franchise may be amended by the city council to increase the number of vehicles authorized under the Franchise at a public hearing and after finding that an increase is required for public convenience and necessity. 8 (c) Revocation of Franchise. A Franchise is revocable by the city council after notification and a proper hearing and finding that such Holder is in violation of this article. Sec. 31-34. Application for Vehicle License and issuance thereof. Upon the granting of the Franchise, the applicant shall within sixty (60) days thereafter furnish to the city clerk information as to the particular automobile or automobiles for at least fifty percent (50%) of the number of vehicles for which the Franchise is granted. Such information shall include the year, make, model, the state license number, and the motor power thereof. The applicant shall also submit documentary evidence from the city tax assessor-collector that advalorem taxes on all personal property and any other property which is to be used in connection with the operation of the proposed Taxicab service have been paid. If the city clerk finds that the applicant is the Owner of such automobile or automobiles and the same have been inspected and approved by the traffic and transportation department and same conform to the requirements of this chapter and other ordinances of the city applicable thereto, the city clerk shall, upon receiving payment of License fees, issue such Vehicle Licenses as applied for. Sec. 31-35. Insurance. (a) Before a Vehicle License is issued to operate a Taxicab in the city, the Holder shall procure and furnish to the city clerk, and thereafter keep in full force and effect, a liability and property damage insurance policy, or certificate of insurance, in the amount of not less than the minimum requirements of the State of Texas. (b) Immediately after one hundred-twenty (120) days from the passage of this ordinance all Holders shall procure and furnish to the city clerk, and thereafter keep in full force and effect, a liability and property damage insurance policy, or certificate of insurance, in the amount of not less than the following: (1) For damages arising out of bodily injury or to death of one person in any one accident, fifty thousand dollars ($50, 000. 00) . (2) For damages arising out of bodily injury to or death of two (2) or more persons in any one accident, one hundred thousand dollars ($100, 000. 00) . (3) For injury to or destruction of property in any one accident, twenty-five thousand dollars ($25, 000. 00) . (c) Every such policy shall insure all of the Taxicabs owned, leased, contracted for or controlled by the Holder or such 9 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. (d) Every such policy of insurance shall be issued by an insurance company organized and existing under the laws of this state, or having a valid permit to do business in this state and having an agent or attorney for service of process in the city. (e) Such policy shall name as additional insured the City of Wichita Falls, and their officers and employees. (f) Such policy shall contain an endorsement that cancellation of such insurance policy shall not become effective before thirty (30) days after notice from the insurance company, in writing, to the city of such cancellation. All policies of insurance shall contain a provision for continuing liability thereon up to the full amount thereof, notwithstanding any recovery thereon. (g) Upon discovery or determination that the required insurance has become impaired and requires new and additional insurance, the city clerk shall require such additional insurance as appears to him necessary and sufficient to insure payment by such Holder, his agents, servants and employees, to persons injured by reason of the neglect of such Franchise Holder, his agents, servants and employees, or by reason of the violation by such Franchise Holder, individually or through his agents, servants or employees, of any of the provisions of this Code or any other ordinances of the city of any of the laws of the state or of the United States. Sec. 31-36. Vehicle License fees; term of License. All operators of Taxicabs in the city shall pay an annual License fee of seventy-five dollars ($75.00) for each and every car Licensed and operated, which fee shall be paid prior to the issuance of such License. It is further provided that all Licenses issued for the operators of Taxicabs under the terms of this article shall expire at 12:00 midnight, December 31st following the issuance of the same. If a Holder or Owner- Operator desires to renew a license for any vehicle, the vehicle shall be inspected by the traffic and transportation department in the month of December preceding the license year. Sec. 31-37. License decals required. When the clerk issues a License under the provisions of this article, he also shall furnish a decal which shall be attached to the left rear of the body of the automobile for which such License is issued and such decal shall be exhibited to all persons when such car is in use and in the event the cars are operated without such decal then that fact shall be prima facia 10 evidence of the violation of this article and said automobile is being operated without a License under the terms of the provisions hereof. Sec. 31-38. Revocation of Vehicle Licenses. All Licenses issued under the provisions of this article to operate Taxicabs upon the streets of the city may be revoked by the city manager, or his designated representative, after proper notice, hearing and findings, whenever any such Licensee shall willfully or persistently and negligently violate, or permit to be violated by any other person, any of the provisions of this article, and after such revocation, the Licensee shall not again under said revoked License be authorized or permitted to engage in the business of operating Taxicabs within the city. Sec. 31-39. Chauffeur's Permit--Required for Drivers. No person shall drive a Taxicab upon the streets of the city, unless such person operating such Taxicab shall first obtain a Chauffeur's Permit to be issued by the city clerk. It shall be the duty of every Driver of a Taxicab to apply to the city clerk for a Chauffeur's Permit upon blanks to be furnished by the clerk, giving the name, age, present address, address and place of employment during the past two (2) years with the reason for leaving, and whether or not applicant has been convicted of a felony or misdemeanor offense. Such application shall be promptly referred to the chief of police for his approval or disapproval. After evaluating the application the chief of police shall notify the city clerk of his determination. If approved by the police department, the applicant will be issued a Chauffeur's Permit by the city clerk upon payment of the fee provided for in section 31-43 . If the chief of police disapproves an application for Chauffeur's Permit referred to the police department by the city clerk the applicant shall be notified by the police chief and have the right of appeal from the action of the disapproval by the police department to the city manager, by notifying the city clerk in writing within five (5) days from the date he receives notice from the city clerk that his application has been disapproved. If the city manager disapproves such application, the applicant shall have the right of appeal to the city council, by notifying the city clerk in writing within five (5) days from the date he received notice from the city clerk that his application has been disapproved by the city manager. If the appeal is approved by the city manager or City Council, the approving party shall be designated as the approving authority. Sec. 31-40. Qualification for Chauffeur's Permit. (a) To qualify for a Chauffeur's Permit, an applicant must: (1) be at least 18 years of age; 11 (2) be a legal resident of the United States; (3) have resided in Wichita County at least six (6) months consecutively next preceding the filing by such person of an application for a Chauffeur's Permit; (4) hold a valid Class C driver's license issued by the State of Texas; (5) be able to communicate in the English language; (6) not have more than three hazardous events, whereby hazardous events include moving violations or traffic accidents arising out of separate transactions, within any 12-month period during the preceding 36 months; (7) not be under indictment for or have been convicted of a crime: (A) involving: (i) criminal homicide as defined in Chapter 19 of the Texas Penal Code; (ii) kidnapping as defined in Chapter 20 of the Texas Penal Code; (iii) a sexual offense as defined in Chapter 21 of the Texas Penal Code; (iv) an assaultive offense as defined in Chapter 22 of the Texas Penal Code; (v) robbery as defined in Chapter 29 of the Texas Penal Code; (vi) burglary as defined in Chapter 30 of the Texas Penal Code; (vii) theft as defined in Chapter 31 of the Texas Penal Code, except theft of service, theft of trade secrets, tampering with identification numbers, unauthorized use of a television decoding and interception device, and manufacture, sale, or distribution of a television decoding and interception device; (viii) fraud as defined in Chapter 32 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact because of his occupation as a Taxicab Driver; (ix) tampering with a governmental record as defined in Chapter 37 of the Texas Penal Code; 12 (x) public indecency (prostitution or obscenity) as defined in Chapter 43 of the Texas Penal Code; (xi) the transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code; (xii) a violation of the Dangerous Drugs Act (Article 4476-14, Vernon's Texas Civil Statutes) ; (xiii) a violation of the Controlled Substances Act (Article 4476-15, Vernon's Texas Civil Statutes) ; or (xiv) criminal attempt to commit any of the offenses listed in Subdivision (7) (A) (i) -xiii) of this subsection; (B) for which: (i) less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense; (ii) less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the applicant was convicted of a felony offense not classified as a crime against persons; or (iii) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24-month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses; (8) not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated: (A) within the preceding 24 months; or (B) more than one time within the preceding 5 years; (9) not have criminal charges pending for an offense for driving while intoxicated; (10) not be addicted to the use of alcohol or narcotics; (11) be subject to no outstanding warrants of arrest; 13 (12) be clean and well-groomed in dress and person; (13) be recommended by a Holder; and (14) have successfully completed within the preceding 24 months a defensive driving course approved by the National Safety Council or the Texas Safety Association and be able to present proof of completion. (b) An applicant who has been convicted of an offense listed in Subsection (a) (7) or (8) , for which the required time period has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, may qualify for a Chauffeur's Permit only if the police chief determines that the applicant is presently Fit to engage in the occupation of a Taxicab Driver. In determining present Fitness under this section, the following shall be considered: (1) the extent and nature of the applicant's past criminal activity; (2) the age of the applicant at the time of the commission of the crime; (3) the amount of time that has elapsed since the applicant's last criminal activity; (4) the conduct and work activity of the applicant prior to and following the criminal activity; (5) evidence of the applicant's rehabilitation or rehabilitative effort while incarcerated or following release; and (6) other evidence of the applicant's present Fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant; the sheriff and chief of police in that community where the applicant resides; and any other persons in contact with the applicant. (c) It is the responsibility of the applicant, to the extent possible, to secure and provide to the police department the evidence required to determine present Fitness under Subsection (b) of this section. Sec. 31-41. Investigation of application. The police chief may conduct such other investigation as is considered necessary to determine whether an applicant for a Chauffeur's Permit is qualified. 14 Sec. 31-42. Issuance and denial. (a) When a determination is made by the chief of police as to the qualifications of the applicant, the city clerk shall be notified. (b) If the police chief determines that an applicant is qualified, the city clerk shall issue the applicant a Chauffeur's Permit upon payment of all fees prescribed by this article. (c) The police chief may deny the application for a Chauffeur's Permit if the applicant: (1) is not qualified under Section 31-40; (2) makes a false statement of a material fact in his application for a Chauffeur's Permit. (d) If a determination is made to deny the applicant a Chauffeur's Permit, the police chief shall notify the applicant in writing that his application is denied and include in the notice the reason for denial and a statement informing the applicant of his right of appeal. Sec. 31-43. Fee; term; not transferable. After the application for a Chauffeur's Permit has been granted in accordance with this article, it shall be the duty of the city clerk to issue a Chauffeur's Permit to such applicant upon the payment of a fee of ten dollars ($10. 00) which Permit shall run for a period of one year from date of issuance. The Permit when issued shall not be transferable. However, it shall be lawful for the Holder of such Permit to use the same Permit provided he changes employment from one Franchise Holder or Owner-Operator of Taxicabs to another. Sec. 31-44. Duplicate Permit. If a Chauffeur's Permit is lost or destroyed, the city clerk shall issue the Licensee a duplicate Permit upon payment to the city of a duplicate Permit fee of $5.00. Sec. 31-45. Drivers to be fingerprinted and photographed. No Chauffeur's Permit shall be issued to any Driver of a Taxicab until the police department shall have taken fingerprints and a photograph of such applicant. Sec. 31-46. Driver's Permit and photograph to be posted in vehicle. It shall be the duty of the Driver of every Taxicab to have his Chauffeur's Permit, together with his photograph, of a size 15 no smaller than two inches by three inches, affixed and visibly displayed in the driving compartment of the Taxicab. Sec. 31-47. Revocation of Chauffeur's Permit. The Chauffeur's Permits authorized to be issued in section 31-42 may be revoked by the city manager's office where it has been determined, after a proper hearing, that such Chauffeur: (a) Has been responsible, as a Driver, for any accident resulting in the death or personal injury of another, or serious property damage. (b) Has committed any offense for which his state license is suspended. (c) Is habitually reckless or negligent Driver. (d) Is habitual violator of the traffic laws and ordinances. (e) Has permitted an unlawful or fraudulent use of his city Chauffeur's Permit. (f) Has failed or refused to report any accident in which he is involved, as required by state law and city ordinances. (g) Has violated any of the provisions of this article. (h) Has been guilty of operating a motor vehicle when under the influence of intoxicating liquor or drugs. (i) Has been convicted for a violation of any penal ordinance of the City of Wichita Falls or any penal Statute of the State of Texas as enumerated in Section 31-40 (7) (A) of this article. (j) Has been guilty of possession or transporting of a controlled substance. When it shall come to the attention of the chief of police, any police officer, or any other person, that any Chauffeur permitted under the provisions of this article has been guilty of conduct that would justify the revocation of his Permit under the provisions of this section, then such person shall file charges with the city manager, or his designated representative, who shall cause such person to be notified to appear for a hearing upon such charges. After service of such notice upon such person, the city manager, or his designated representatives shall hold a hearing thereon and make its findings as to the truth or falsity of such charges. In the event of an affirmative finding, the city manager or his designated representative shall revoke such Permits. 16 Sec. 31-48. Employment of Drivers; names to be filed with city. It shall be unlawful for any Owner of a Taxicab to employ a Driver who has not been permitted as a Chauffeur under the provisions of this article, and the names of all Drivers shall be filed with the city clerk by the Franchise Holder or Owner- Operator. Sec. 31-49. Appearance of Drivers. (a) It shall be the responsibility of every Franchise Holder to require the Drivers of such Taxicabs to be neat and clean in appearance while on duty. (b) While on duty, all Drivers will be required to wear shirts with collars, shoes with socks or stockings, and long pants. Sec. 31-50. Refusal to convey passengers. (a) While operating 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 operating 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. Sec. 31-51. Passenger limitations. (a) While operating a Taxicab a Driver on duty may carry only a person who is a paying passenger, unless the passenger is an employee of the Taxicab service that employs or contracts with the Driver, a governmental employee acting in an official capacity, or unless it is authorized by the Holder's operating authority. (b) A Driver may not carry at the same time more people than the designed seating capacity of the Taxicab. . , • 17 Sec. 31-52. Carry passengers by direct route. A Driver shall carry a passenger to his destination by the most direct and expeditious route available unless otherwise directed by the passenger. Sec. 31-53. Solicitation of passengers. A Driver may not solicit passengers: (a) from a location other than the Driver's compartment or the immediate vicinity of his Taxicab; (b) in a way that annoys or obstructs the movement of a person; or Sec. 31-54. Conduct of Drivers. A Driver shall: (a) conduct himself in a reasonable, prudent, and courteous manner; (b) not respond to a radio dispatch call assigned to another Driver; (c) not consume alcoholic beverage, drugs, or other substance which could adversely affect his ability to drive a motor vehicle; (d) not monitor the radio frequency of a Taxicab company other than his own nor respond to a call for service dispatched by another company; (e) not possess a radio equipped to receive the frequency of a Taxicab company, other than his own; Sec. 31-55. Return of passenger's property. (a) Upon finding property in a Taxicab left by a passenger, the Driver shall immediately return the property to the owner. However, if the Driver is unable to locate the owner or if the Driver does not know the identity or whereabouts of the owner, the Driver shall, by the end of the Driver's shift, deliver the property to the Holder who employs or contracts with the Driver. (b) Upon return of property to the owner or delivery of property to the Holder, the Driver shall prepare a written report, in duplicate, stating the description of the property, the identity of the owner if known, the date the property was left in the Taxicab, the circumstances relating to the loss, and the Taxicab number. The Holder shall promptly submit one copy to the police department and keep the original report on file for at f 18 least one year and shall hold the property for not less than three months. Sec. 31-56. Taxi sub-terminals and stands. (a) There may be designated by the city cab operators and approved by the city traffic engineer open parking stands for Taxicabs in such place or places upon the streets of the city as may be deemed necessary for the use of Taxicabs operated in the city. No open stands shall be established without taking into consideration the need for such stands by the companies and the convenience to the general public. No Subterminal and/or open stand shall be established in front of any place of business without the consent of the abutting property owner or in any place where such stand would create a traffic hazard. (b) Open stands shall be used by the different Drivers on a first come first served basis. The Driver shall pull on to the open stand from the rear and shall advance forward as the cabs ahead pull off. Drivers shall stay within five (5) feet of their cabs; they shall not solicit passengers; or engage in loud or boisterous talk while at an open stand. Nothing in this article shall be construed as preventing a passenger from boarding the cab of his choice that is parked at open stands. Sec. 31-57. Rates and Fares. (a) The city council shall have the right to change or establish the rates and fares to be charged by Taxicabs or vehicles used for public transportation in the city at any time it deems necessary by separate ordinance. (b) 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. Sec. 31-58. Request for rate change. (a) Requests for an increase in rates may be submitted to the city clerk and forwarded to the director of traffic and transportation for recommendation to the city council, upon a joint request by a majority of the Franchise Holders. It shall be the responsibility of the applicants for a rate change to coordinate the application and prove that the rate change is necessary to maintain safe and responsive public transportation. The application shall include the following: (1) Cover letter stating the reason for the request of an increase in rates. 19 (2) Comparison of the operating condition of the industry over the past two (2) years to include: a. Gross operating revenues; b. Operating expenses; c. Total miles operated; d. Total paid miles operated; e. Number of passengers carried; and f. Total number of trips. (3) A summary analysis of the above items identifying major operating expense changes necessitating the need for the rate change and the impact on the industry if such change is not granted. (4) Upon receiving an application for a rate change from the Franchise Holders, the city council will hold a public hearing within sixty (60) days after receipt of the application on the proposed rate change. (b) All operational or financial data used in the analysis will be based on the city fiscal year of October 1 to September 30 or by the calendar year. Sec. 31-59. Joint trips. (a) When a Taxicab is not originally engaged for a joint trip, nothing herein shall authorize the carrying of additional passengers without the consent of the passenger who first engaged the Taxicab. (b) When more than one passenger occupies a Taxicab at the same time nothing herein shall prevent the passengers from dividing the cost of the trip in any manner that they may voluntarily agree upon. (c) A Driver shall not charge a fare for operating a Taxicab in the city that is in excess of the rates on file with the city clerk. Sec. 31-60. Display of rate card. A schedule of the rates prescribed by city ordinance shall be permanently posted in each Taxicab so as to be clearly visible to all passengers herein. • 20 Sec. 31-61. Computation of fares. (a) A Driver shall not charge a fee in excess of that amount which is computed by the Taximeter. (b) A Franchise Holder may authorize a Driver to make a flat rate charge for a trip to a destination which is not covered in the Franchise Holder's approved rates of fare, outside the corporate city limits, if the Taximeter is kept in operation while the Taxicab has a passenger within the corporate limits of the city. (c) No charge shall be made against a passenger for any time lost on account of any delay other than that which is defined as Waiting Time hereinbefore. Sec. 31-62. Refusal to pay legal fare; hiring Taxicabs with intent to defraud. It shall be unlawful for any person to refuse to pay the legal fare of any Taxicab after having hired the same, and it shall be unlawful for any person to hire any Taxicab with intent to defraud the person from whom it is hired of the value of such service. Failure to pay the legal fare shall be presumptive of intent to defraud. Sec. 31-63. Taximeters--Required for all Taxicabs. (a) It shall be unlawful for any Taxicab within the city to be operated for public hire unless it is equipped with a Taximeter to be used as provided in this article. (b) It shall be unlawful for any Taxicab to be operated within the city unless a Taximeter is used in determining the fare to be charged, and no fare shall be charged in excess of the fare recorded on such Taximeter for any trip. (c) It shall be unlawful for any person owning, operating, driving or in charge of any Taxicab for hire in the city to drive or operate such Taxicab, or to use or advertise in connection therewith the word "taxi, " "Taxicab" or "cab, " or in soliciting trade from the public to represent or exhibit such vehicle as a "taxi, " "Taxicab" or "cab, " unless such vehicle is equipped with a Taximeter according to the provisions of this article. Sec. 31-64. Same - General specifications. Every Taxicab having affixed thereto a Taximeter shall use a Taximeter of a size and design approved by the director of traffic and transportation. Such Taximeter shall conform to the following specifications: (a) The Taximeter shall be an electronic or mechanical instrument or device by which the charge for hire of a Taxicab is 21 electronically or mechanically calculated for distance traveled, for Waiting Time, if any, and upon which such charge shall be indicated by means of clearly legible figures which are electrically lighted each time the Taximeter flag is thrown or the meter is electronically activated, from nonearning to earning position. (b) Every Taximeter shall register upon visual counters the following items: (1) Total Miles. (2) Paid miles. (3) Number of trips. (c) Each Taximeter shall be furnished with a tamperproof switch and system of electrical distribution so that when the Taximeter flag is in the "high" or "nonearning" or on electronically operated meters in the "off" or "nonearning" position, the electrically controlled advertising, or company identification, sign mounted on the top of the Taxicab will be automatically lighted and when the Taximeter is on "mileage" or "time, " both of which are revenue earning operations, one (1) amber, tell-tale light on top of the cab, or on the company sign, will be automatically lighted and will be visible from all directions. (d) Each mechanical Taximeter shall be driven from the Taxicab transmission, not merely from a connection with the speedometer driving shaft, to the Taximeter head using a flexible shaft and flexible housing so connected and sealed as to be nontamperable. Each electronically operated Taximeter shall have the sending unit and rate change unit sealed as to be nontamperable. Sec. 31-65. Same--Inspection and testing. (a) No person shall drive or operate a Taxicab to which is attached a Taximeter which has not been duly tested, inspected and approved as required by this article and it shall be unlawful to change the size of the wheels or tires of any Taxicab, or the gears operating the Taximeter unless the Taximeter is again tested, inspected and approved before being used. (b) No approval shall be given for any Taxicab until the Taximeter attached thereto shall have been tested and inspected and found to be accurate and in conformity with the specifications required of such Taximeters under the terms of this article. (c) Inspections and tests of Taximeters shall be under the supervision of the traffic and transportation director and use of any such Taximeter is prohibited until such tests and inspections • 22 shall have been made verifying the accuracy and good working order of such Taximeter. Sec. 31-66. Same--Regulations for use. (a) No person shall use or permit to be used or driven for hire a Taxicab equipped with a Taximeter the case of which is unsealed and not having its cover and gear intact. (b) No Driver of a Taxicab equipped with a Taximeter while carrying a passenger, or while under employment, shall display the signal affixed to such Taximeter in such a position to denote that the vehicle is not employed at a rate of fare which the use of the Taxicab legally justifies under the provisions of this article. (c) It shall be the duty of the Driver to call the attention of passengers to the amount registered on the Taximeter and the Taximeter shall not be changed to the "vacant" position until after the fare is paid. Sec. 31-67. Inspection of vehicles; removal from service of unsafe, unsanitary, improperly operated, etc. , vehicles. (a) Every Taxicab may be inspected periodically and such intervals shall be established by the city manager or his designated representative. No Taxicab shall be operated which does not comply with all of the following minimum standards: (1) Each Taxicab shall conform to all safety standards established by the director of traffic and transportation. (2) Each Taxicab shall be free of dust, dirt or rubbish, and be otherwise clean and sanitary. (3) No part of the body of such Taxicab shall be missing, bent, or dented out of shape. (4) The exterior and interior paint shall not be unreasonably rusted, flaked or scraped. (5) The coverings of floors, seats and back and arm rests shall be repaired of all rips, tears and places where wear through the covering material has occurred. (6) Each Taxicab shall be equipped with two-way radio communication equipment in proper operating condition capable of transmitting and receiving vocal communication between such Taxicab and the dispatching office of the Franchise Holder. (b) If the operation of any Taxicab is found not to comply with the requirements of this section, the city manager, director of traffic and transportation department, or any police officer may direct that the vehicle be taken out of service until it can I 23 be operated in compliance; provided, that the failure to issue an order for such vehicle to be taken out of service shall not be a defense to the violation of this section by the Driver and the Franchise Holder when so charged; and the operation of such Taxicab from the place at which the order was issued to the destination required by passengers in the Taxicab at the time such order was issued shall not constitute a separate offense. The city manager or the director of traffic and transportation will notify the Franchise Holder in writing of such failure, identifying the Taxicab by number, the name of the Driver and the specified complaint. Sec. 31-68. Replacement and additional vehicles. Replacement and additional vehicles within the total number of authorized Taxicabs of any Franchise may be made. Every such replacement or addition shall be reported promptly in writing by the Franchise Holder to the city clerk, must meet all safety inspection requirements prescribed by this article, and must be Licensed hereunder. The Franchise Holder shall notify the city clerk of the permanent removal of a vehicle from service not later than the next city work day after the vehicle is taken off the street. Upon replacement, the License of the replaced vehicle shall be cancelled. Sec. 31-69. Display of name of Franchise Holder. Every Taxicab operated in the city shall bear on the outside of each rear door, or front door if approved by the director of traffic and transportation, and on the rear of such Taxicab, in letters not less than two and one-half (2-1/2) inches in height and not less than five-sixteenths-inch stroke, the name of the Franchise Holder, or the registered assumed name of the Taxicab service of such Holder, together with the telephone number of the service, upon the grant of the Franchise. There may also be an identifying design (logo) of such Franchise Holder's business as approved by the director of traffic and transportation. All lettering and designs shall be in colors contrasting the colors of the Taxicab so that the lettering and designs shall be clear and legible. Sec. 31-70. Requirements of lettering and signs. Lettering and signs on Taxicabs may be of adhesive decal or letters as approved by the director of traffic and transportation. If painted they shall be in enamel or oil paint that will weather the elements and shall be kept legible at all times. The lettering on all Taxicabs owned or controlled by the same Franchise Holder shall be the same wording, color, size letters and at the same place on each Taxicab for such service. S 24 Sec. 31-71. Color scheme. (a) Every Franchise Holder shall adopt standard colors, or combination of colors, for the Taxicabs of such service and shall not operate any Taxicab until such Taxicab has been painted the colors or combinations of colors adopted by the Franchise Holder. The colors or combination of colors, after being approved by the city, shall not be changed without permission. All vehicles will be as nearly as possible the same shade of color approved for said Franchise with no distinctive stripes or logos to identify one vehicle from other vehicles operating under the same Franchise. Franchise Holders desiring to change the color combinations on their vehicles shall submit an eight-inch by ten- inch color panel not more than one-eighth inch thick, for approval of colors. All vehicles operating under the Franchise shall be repainted within ninety (90) days of the date of approval of the color scheme or be removed from service until such time as they are painted to meet the new Franchise color requirements. (b) No Taxicab operated under the terms of this article shall bear a color scheme, identifying design, monogram or insignia used on the Taxicabs of a Franchise Holder already operating under this article in such manner as to be misleading or tend to deceive or defraud the public. Sec. 31-72. Vehicle design and age requirements. (a) Station wagon model design vehicles may be used as Taxicabs, provided that a physical barrier approved by the city is securely anchored between the passenger and luggage compartments. (b) Every vehicle used as a Taxicab shall have a minimum of four (4) doors, with front and rear seats. (c) No Taxicab that has not been Licensed and in service the year immediately prior to that which is applied, may be used that is more than one hundred twenty (120) months old; age to be calculated from the first day of January from the model year of the vehicle. For those vehicles that are more than one hundred twenty (120) months old, and were Licensed the previous year, the decision of whether to allow renewal of the Vehicle License shall be the responsibility of the traffic and transportation department. Sec. 31-73. Use of scanners prohibited. No person shall use, or permit to be used, a scanner or other type of electronic device to monitor radio transmission of any Franchise Holder other than the one the Taxicab is being operated under. ! • 25 Article III. Limousines and special service vehicles Sec. 31-74. Definition. For the purposes of this article, a "Limousine" or "Special Service Vehicle" is any Chauffeured motor vehicle for general passenger use which operates on a prearranged appointment basis only whereby such prearrangement is made not less than one (1) hour in advance of the time transportation is to begin. At no time shall such a vehicle operate on a call-and-demand basis as a Taxicab. The definition of limousines or special service vehicles shall not include "courtesy vehicles" which are utilized by Hotels and Motels. Sec. 31-75. Licenses; compliance. Any person operating a Limousine or Special Service Vehicle as a vehicle for hire upon the streets of the city shall comply with all provisions of Article II, Taxicabs, such provisions being incorporated by reference herein, as if the terms "Limousine and Special Service Vehicle" and "Taxicab" were used interchangeably except that Article II Sections 31-28 (g) , 31-46, 31-50 (b) , 31-56 thru 31-61, 31-63 thru 31-66, 31-67 (a) (6) and 31- 71 shall not apply to Limousines or Special Service Vehicles. Sec. 31-76. Rates and fares. Limousines and Special Service Vehicles shall operate only on a prearranged contract basis. A tariff, as approved by the Railroad Commission of Texas shall be filed with the city clerk upon issuance of any Vehicle License. Sec. 31-77. Penalties and fines. It shall be an offense punishable by a fine not to exceed amounts prescribed in Sec. 1-5 of the Code of Ordinances for any violation of this Chapter. " Whereas, the fact that this amendment is essential for the immediate use of the City of Wichita Falls creates an emergency, therefore, this ordinance shall become effective immediately upon its passage. PASSED AND APPROVED this the day of January, 1989. •'r i / M A Y O ' ATTEST: ity Clerk Ad 29339 Affidavit of Publication ORDINANCE NO. 1-89 ORDINANCE MAKING AN AP- THE STATE OF TEXAS PROPRIATION .FROM THE i HOTEL/MOTEL FUND EQUITY COUNTY OF WICHITA FOR PURPOSES OF PROVIDING SUPPORT FOR A POOL TOUR- NAMENT SPONSORED BY THE (rE BLIND.EAC N UGHTHOUSE FOR THE 1r�) 19th January ORDINANCE NO.2-89 On this day of ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF 1989 ORDINANCES WHICH REGU- LATES VEHICLES FOR HIRE. A.D. personally appeared before me, the undersigned authority ORDINANCE-NO:3-89 D A R i c e Ming ORDINANCEAWAIVLNG CHAPTER ELG_F1 ARTICLE.11,1 bookkeeper SECTION 8 22 ,�`HE CODE OF ORDINANCES REQUIRING ITIN- for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls ERANT MERG AIVT}S',FEE OF $15.00 O EFOR NUAL CAM Y1FIRE Times/Record News, a newspaper published at Wichita Falls in Wichita County, TEXAS CANDYIANDFNUTSRSALE, AND Texas, and upon being duly sworn by me, on oath states that the attached DECLARING AN EMERGENCY. advertisement is a true and correct copy of advertising published in one ( 1 ) issues thereof on the following dates: January 18 , 1989 Bookkeeper for Times Publishing Company g om an P y of Wichita Falls (SEAL) Subscribed and sworn to before me this the day and year first above written. �.w c r CLERK'S OFFha.