Ord 71-2010 12/21/2010 ORDINANCE NO. 71-2010
Ordinance Amending Chapter 110 Of The Code Of Ordinances Of
Wichita Falls To Modify The Regulation Of Taxicabs And Other
Regulation Of Vehicles For Hire, Repealing Conflicting
Ordinances, And Providing A Penalty of up to $500 Upon
Conviction
WHEREAS, the City of Wichita Falls is authorized to regulate taxicabs pursuant
to its home rule authority and Texas Local Gov't Code § 215.004; and
WHEREAS, the City Council finds that the regulation of taxicab services in the
City of Wichita Falls as provided in this ordinance is necessary to protect public health,
safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Chapter 110, Vehicles for Hire, of the Wichita Falls Code of Ordinances is
hereby amended to read as follows:
"ARTICLE L TAXICABS
Division 1 . Definitions
110-1. Definitions
The definition of a term in this section applies to each grammatical variation of the term. In this chapter,
unless the context requires a different definition:
Applicant means a person who is applying for a franchise certificate.
City chauffeur's license means a license to operate a taxicab issued to an individual by the director
pursuant to this chapter.
Conviction means a conviction in a federal court or a court of any state or foreign nation or political
subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. A plea of guilty or no
contest to a judge in a deferred adjudication is considered a conviction.
Curb means the raised edge of the street, driveway or other public or private way upon which a taxicab is
operating, provided that if no raised edge curbing exists, then it means the edge of the area that is paved for
vehicular operation.
Director means the director of the Department of Aviation, Traffic and Transportation or his/her designee.
Franchise means an agreement between the City and another entity, under which said entity 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 means any person who obtains a franchise from the city.
Operate means to drive or to be in control of a taxicab.
Operator means the driver or operator of a taxicab.
Primary facility means a fixed facility from which the primary administrative operations of the taxicab
services are conducted and at which taxicabs are parked, stored, repaired, or maintained, and where all taxicab
service documents are stored.
Taxicab means a chauffeured motor vehicle used to transport persons for compensation on property on
which the City possesses an ownership interest, that operates on irregular routes, irregular schedules, or on a call-
and-demand basis.
Taxicab inspector means the director or his designee whose duties include taxicab inspections.
Taxicab service means a passenger taxicab transportation service pursuant to Texas Local Government
Code § 215.004(a), as amended, that is operated for hire that uses one or more taxicabs in the operation of the
service.
Taxicab stand means a public place reserved exclusively for use by taxicabs.
Tuximeter means a device that computes a fare based upon the distance traveled, the time the taxicab is
engaged, and any other basis for charges which are specified in the operating authority or rate ordinance pertaining
to the holder.
Waiting time means such time as may be consumed or lost at the 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.
Division 2. Franchise Certificates
It is the city's policy to provide for and to promote adequate and efficient taxicab service in the city. To
this end, this article 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.
110-2. Required; Franchise
(a) It shall be unlawful to operate a taxicab in the city except under authority of afranchise for taxicab
service granted by the City Council.
(b) It shall be an affirmative defense to prosecution pursuant to this section that the vehicle alleged to be a
taxicab:
(1) operates only on the basis of appointments that are pr�arranged at least one hour before
the time transportation is to begin,
(2) is used exclusively for medical transport,
(3) is used exclusively to take passengers to or from a single facility pursuant to a longterm
contract with the owner of said facility,
(4) is a bus with a capacity for 9 or more passenger� or
(5) is a vehicle used solely for passengers who do not pay for the cost ofeach trip.
110-3. Qualifications for Franchise Holder
(a) To apply for a franchise, an applicant must have a representative who is:
(1) at least 18 years of age,
(2) currently authorized to work ful�time in the United States, and
(3) able to communicate in the English language
(b) The City shall not issue a franchise to an applicant if, as it applies to the applicant:
(1) one or more of the following entities has been convicted of a felony or crime of moral
turpitude and five years has not elapsed since the conviction and completion of any
sentences, parole, or probation that resulted from the conviction:
a. the applicant,
b. any of the applicant's owners or officers,
c. any of the applicant's partners, if the applicant is a partnership,
d. any of the applicant's managers or members who have authority to make
decisions on behalf of the entire company, if the applicant is a limited liability
company,
e. any of the applicant's directors, if the applicant is a corporation or other entiry
with directors,
f. any of the applicant's trustees, if the applicant is a trust, or
g. any owner of all or part of a primary facility or any taxicab utilized by the
applicant.
For purposes of this subsection (b)(1), a person shall be considered convicted if they entered into
a deferred adjudication or otherwise entered a plea of guilty or no contest.
(2) one or more of the following entities owes delinquent fees or taxes to the City of Wichita
Falls:
a. the applicant,
b. any of the applicant's owners or officers,
c. any of the applicant's partners, if the applicant is a partnership,
d. any of the applicant's managers or members who have authority to make
decisions on behalf of the entire company, if the applicant is a limited liability
company,
e. any of the applicant's directors, if the applicant is a corporation or other entity
with directors,
f. any of the applicant's trustees, if the applicant is a trust, or
g. any owner of all or part of a primary facility or any taxicab utilized by the
applicant.
This subsection (b)(2) shall not apply to the extent the City is prohibited by state or federal law
from considering the debt in authorizing a permit or other governmental benefit.
110-4. Franchise Application
(a) Every entity proposing to operate a taxicab service in the city shall make application, in writing, in the
form promulgated by the Director, requesting that the City Council grant it a franchise certificate to operate a
taxicab service under this article. The application shall be filed with the director, setting forth full and complete
information on the following matters:
(1) The name ofthe applicant and all other identifying information required by the Director.
(2) A compiled financial statement with note disclosure from a certified public accountant.
The statement shall also be furnished on each partner, and if a corporation the statement
shall reflect the financial status of the corporation.
(3) A complete statement of the assets to be used in the taxicab service for which the
application is being made, together with full information on liabilities existing against
such assets.
(4) The number of vehicles and a general description of the vehicles the applicant proposes
to use in the operation of the taxicab service; a description of the operations of the
proposed taxicab service and location of the primary facility and other fixed facilities to
be used in the operation of the taxicab service.
(5) A description of the proposed insignia and color scheme for the applicant's taxicab and
description of any distinctive items of apparel to be worn by the applicant's taxicab
drivers.
(6) A description of any past business experience of the applicant, particularly in providing
passenger transportation services; identification and description of any franchise,
including any revocation or suspension thereof, held by the applicant before the date of
filing the application.
(7) The person signing the application shall indicate his position with the company as
individual owner, partner or corporate officer authorized to sign the document.
(8) The telephone number the applicant intends to use for the taxicab service.
(9) Such additional factual information as may be desired by the applicant to convince the
City Council to issue a franchise or as required by the Director.
(b) The Director shall submit a taxicab franchise application to the City Council within 60 days
following receipt of the application fee and an application fully completed in accordance with the aforementioned
requirements and the form promulgated by the Director.
110-5. Investigation of Application and Approval
(a) Upon receipt of an application for a franchise, the Director shall investigate and make findings of
fact concerning public convenience and nece�ity and other relevant factors:
(b) The applicant for a franchise certificate has the burden of proving that the public convenience and
necessity require the proposed taxicab service and that the applicant is qualitied and financially able to provide the
service proposed in the application.
(c) The Director shall obtain a criminal background check on each applicant and its officers and
owners.
I10-6. Hearing on Application; Requirement for Issuance
(a) Upon receipt of the application for a franchise, the City Council shall set a date for hearing upon
the application, and the Director shall notify the applicant of the hearing date in writing
(b) The Council shall review the application and conduct such hearings and investigation as it deems
appropriate. [n determining whether or not a franchise should be granted, the Council shall give weight and due
regard to, among other things, the following:
(1) Probable permanence and quality ofthe service offered by the applicant;
(2) The financial ability and responsibility of the applicant and its organization and
personnel;
(3) The character of the automobiles;
(4) The character and location of depots and terminals proposed to be used; and
(5) The experience of the applicant in transportation of passengers.
(c) If the City Council finds that the public convenience and necessity require the operation of the
taxicab service, and that the applicant is fit to conduct the business and that the other requirements of this article
have been complied with, it shall grant the franchise by ordinance. Once granted, the franchise shall remain in effect
for a period of five years from the date grantedor such lesser time as determined by the Ciry Council.
110-7. Multiple franchises must be disclosed.
No person shall have any pecuniary interest in more than one current, valid taxicab franchise in the city
without disclosing such interest to the Director.
110-8. Transferability
A franchise issued pursuant to this division may not be transferred to another unless the proposed
transferee and new transferor file a written application for the transfer with the Director, and the transfer application
is approved by the City Council.
110-9. Revocation of Franchise
A taxicab franchise is revocable by the City Council after written notification to franchise holder and a
hearing before the City Council in which the City Council finds that such franchise holder is in violation of this
article and the violation warrants revocation. After revocation of a franchise certificate, a franchise holder is not
eligible for a franchise certificate for a period of two years.
110-10. Annual Franchise Fee
Franchise holder shall pay an annual franchise fee to director. Such fee must be paid at the time of the
issuance of the franchise and on or before the first business day of each year thereafter.
110-13-110-20. Reserved
Division 3. Regulation of Franchise
I 10-21. City Chauffeur's License and Sheppard Air Force Base Access Required
(a) An operator for a franchisee may not drive a taxicab in the City without a valid City chauffeur's
license and the right to provide taxi services to the interior of Sheppard Air Force B�e.
(b) A taxicab franchise holder shall not employ or contract with a driver or otherwise allow a person
to drive for hire a taxicab owned, controlled, or operated by thefranchise holder unless the driver:
(1) has a valid City chauffeur's license issued under this article that was sponsored by said
franchise holder, and
(2) has a valid right to provide taxi services to the interior of Sheppard Air Force Base.
(c) Prior to allowing a driver to operate a taxicab, the franchise holder shall provide the Director with
a copy of the Sheppard Air Force Base pass for said driver to the Director.
110-22. Primary Facility
A franchise holder shall staff its primary facility between the daytime hours of 9:OOam and S:OOpm. on all
days other than weekends and legal holidays.
110-23. Holder's and Driver's Duty to Comply
(a) In the operation of a taxicab service, a franchise holder shall comply with the terms and
conditions of the franchise holder's franchise and, except to the extent expressly provided otherwise by the City,
shall comply with this chapter, regulations established under this chapter, and other law applicable to the operation
of a taxicab service.
(b) While on duty, a driver shall comply with this chapter, regulations established under this chapter
and other law applicable to the operation of a motor vehicle in this state.
110-24. Franchise Holder's Telephone Number
A franchise holder may not advertise more that one local telephone number and one toll free telephone
number for its taxicab service in the City. A franchise holder's dispatch personnel shall answer calls to any
telephone number provided for the franchisee 24 hours per day, 7 days per week. A franchise holder may not utilize
an answering service to answer telephone calls to its advertised numbers.
110-25. Franchise Holder's Duty to Enforce Compliance by Drivers
(a) A franchise holder shall establish policy and take action to discourage, prevent, or correct
violations of this chapter by drivers who are employed by or contracting with thefranchise holder.
(b) A franchise holder shall not permit a driver who is employed by or contracting with the franchise
holder to drive a taxicab if the franchise holder knows or has reasonable cause to suspect that the driver has failed
to comply with this chapter, the rules and regilations established by the Director or other applicable law.
110-26. Driver as Independent Contractor
(a) A franchise holder may contract with a driver on an independent-contractor basis. The driver
must comply with this chapter.
(b) The franchise holder is responsible for the independent contractor's actions and activities as set
forth pursuant to this article as he would be for any of his other drivers. The franchise holder's insurance policy
must insure and cover the independent contractor's taxicab.
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 ofthe stateor Federal law; or
(2) At least $300,000 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 theCity.
110-28. Apparel to be Worn by Drivers
(a) Each franchise holder shall have uniform dress standards for drivers employed by or contracting
with the franchise holder. These standards must be kept on file with the Director and must include the following:
(1) A driver may not wear:
a. Cut-offs;
b. Apparel with offensive or suggestive language;
c. Tank tops or halter tops; or
d. Outer apparel made of fishnet or undergarment material.
e. Unhemmed shorts.
(2) Shoes must be worn at all times in the manner for which they were designed. A driver
may not wear shoes or sandals without socks or hosiery and may not wear beach or
shower thongs.
(3) A driver and the driver's clothing must conform to basic standards of hygiene and be
neat, clean, and sanitary at all times.
(4) A driver's hair must be clean and neatly groomed. Facial hair must be neatly trimmed.
(5) A franchise holder must require that all of its drivers wear shirts with collars. These
shirts must be of the same color and design. Each franchise will have a separate color
and design for drivers' shirts, and must be approved by the director. Each franchise
holder must ensure that its drivers wear the franchise-specific shirt. Each driver shall
wear shirt specified by the franchise holderwhile on duty.
110-29. Holder's Records and Reports
(a) Each franchise holder shall maintain at its primary facility all business records of its taxicab
service. The Director may specify methods used in maintaining the records, and the Director may require
maintenance of certain records which he determines are necessary for monitoring the activities, operations, service,
and safety record of a franchise holder. A franchise holder shall make its records available for inspection by the
Director at reasonable times upon request.
(b) Each franchise holder shall submit to the Director such annual and monthly reports concerning its
taxicab service as the Director determines necessary to evaluate the franchise holder's operations.
110-30. City-Wide Taxicab Service Required
Except as otherwise provided by the franchise holder's operating authority, a franchise holder shall:
(a) Provide taxicab service to the general public to and from any point inside the city that is
accessible by public street, except that this provision does not require a franchise holder to subject a taxicab to mob
violence or destruction;
(b) Answer each call received for service inside the city as soon as practicable, and if the service
cannot be rendered within one hour, the franchise holder shall inform the caller of the reason for the delay and the
approximate time required to answer the call;
(c) Provide taxi service 24 hours each day, seven days a week;
(d) Provide service to all parts of Sheppard Air Force Base and Wichita Falls Municipal Airport that
are accessible by paved roadways.
110-31. Representation of Availability of Taxicab
A driver may not represent that his taxicab is engaged when it is in fact vacant, or vacant when it is in fact
engaged.
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 assi�ive device.
110-33. Passenger Limitations of Taxicabs
(a) While driving 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
inspector acting in an official capacity, or unless it is authorized by theCity.
(b) A driver may not carry more persons than the designed seating capacity of the taxicab. A taxicab
shall also not carry more than 8 persons in addition to the driver.
(c) The Director may establish rules governing passenger limitations, as illustrated by, but not limited
to, cab sharing, cab pooling, and numbers of passengers with different destinations.
110-34. 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.
110-35. Solicitation of Passengers by Taxicabs
A driver may not solicit passengers:
(a) From a location other than the driver's compartment or the immediate vicinity of the driver's
taxicab;
(b) In a way that annoys or obstructs the movement of a person;
(c) By paying an employee of another business to solicit passengers for or give preferential treatment
in directing passengers to the driver's taxicab; or
(d) Without using a taxicab stand at a location where a taxicab stand exists.
110-36. Regulations for Use of Taxicab Stands
(a) While using a taxicab stand, a driver shall not:
(1) Go beyond 25 feet of his taxicab except to assist a passenger as reasonably necessary
after being engaged;
(2) Interfere with the orderly progression of taxicabs from the rear to the front of the taxicab
stand;
(3) Perform or allow to be performed repairs or maintenance on a taxicab while parked on
the taxicab stand;
(4) Interfere with a taxicab entering a taxicab stand on which there is a vacant space.
(b) A person shall not park a taxicab on a taxicab stand unless the taxicab is for hire.
(c) A taxicab left unattended in a taxicab stand is illegally parked and may be removed from the
taxicab stand and impounded.
110-37. Conduct of Drivers
A driver shall:
(a) Act in a reasonable, prudent, and courteous manner;
(b) Maintain a sanitary and well-groomed appearance in compliance with this chapter;
(c) Not respond to a radio dispatch call assigned to another franchise holder;
(d) Not possess, consume, or be under the influence of an alcoholic beverage, narcotic drug, or other
substance that could adversely affect the driver's ability to drive a motor vehicle;
(e) Not use tobacco products in a taxicab;
(fl Not monitor the radio frequency of a taxicab other than the driver's own nor respond to a call for
service dispatched to another taxicab service;
(g) Not interfere with the Director in the performance of the Director's duties;
(h) Not refuse to discharge a passenger at any place designated by the passenger upon the streets of
the city, except when the place so designated is unreasonably hazardousor illegal;
`
(i) Not sell or provide alcoholic beverages or controlled substances to any passenger in a taxicab;
and
(j) Not use a cellular phone or any other hand held communication device while operating a taxicab
except as necessary to receive or respond to the taxi service dispatch.
110-38. Limitations on Hours of Work
(a) No driver permitted under this chapter shall drive more than 12 hours in any one consecutive 24-
hour period.
(b) No franchise holder shall allow any driver permitted under this chapter to drive for more than 12
hours in any consecutive 24hour period.
1]0-39. Duty to Load or Unload Passengers at Curb
It shall be the duty of each taxicab vehicleto load or unload passengers at the curb.
110-40. 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 make an immediate report of the property left in the taxicab to
the franchise holder, and within a reasonable time, not to exceed two hours from discovery of the property, deliver
the property to the franchise holder's primary facility.
(b) Upon return of property to the owner or delivery of property to the franchise holder, the driver
shall prepare a written report stating the description of the property, the identity of the owner if known, the date the
property was left in the taxicab, limousine, or shuttle, the circumstances relating to the loss, and the taxicab,
limousine, or shuttle number. The franchise holder shall keep the report on file for at least one year and shall hold
the property for not less than three months, at which time the franchise holder will turn the property over to
Director, along with a copy of the driver's report.
I10-41. Establishment of Taxicab Stands
(a) Subject to the approval of the Director, the city may establish taxicab stands of such character.
number, and location as he determines are required by the public convenience and necessity.
(b) A franchise holder desiring the establishment ofi a taxicab stand must file a written request with
the director.
110-42. Service Regulations for Business Establishments Requesting Taxicabs for Customers
An employee of a business establishment, other than a taxicab service, who acts as an agent in obtaining
taxicab service for prospective taxicab passengers shall not:
(a) Solicit nor accept payment from a driver in return for giving preferential treatment in directing
passengers to a driver's taxicab; or
(b) Interfere with the orderly progression of taxicabs from the �ear to the front of a taxicab stand.
110-43. Notification; Not for Hire Status
If a driver is not for hire and does not intend to provide taxicab service, the driver shall place a sign, to be
provided by the franchise holder, in the front window on the right side of the taxicab displaying the words "NOT
FOR HIRE" printed in letters not less than three inches in height with a stroke of not less than 3/8 inch. The letters
shall be on a backing of sufficient thickness to not easily bend. The driver shall also display the aforementioned
sign when transporting an employee of the franchise or a government employee acting in an official capacity.
110-44. Taxicab Fare Collection Procedures
(a) Before changing the taximeter to indicate that the taxicab is vacant, a driver shall call the
attention of the passenger to the amount of fare registered on the taximeter.
(b) Upon request by a person paying a fare, a driver shall give the person a legible receipt showing:
(1) The name and telephone number of the franchise holder under whose authority the
taxicab is operated;
(2) The taxicab number;
(3) An itemized list of charges;
(4) The total amount of fare paid;
(5) The date of payment; and
(6) The driver's signature.
(c) A franchise holder shall provide each driver operating a taxicab under its authority with printed
receipt forms adequate for providing the information required in subsection (b).
110-45. Driver Inspections
(a) Each operator shall inspect his taxicab before going on duty and after discharging each passenger
to see that the taxicab is free of cigars, cigarettes, papers, bottles and anything that could cause offensive or
objectionable odors. Each operator shall check the trunk to see that no articles have been left in the trunk after each
passenger reached his destination. Any passenger articles left in the taxicab should be discovered during this
inspection and should be processed under the requirements set forth in this chapter.
(b) Each operator shall perform a pre-trip inspection of the taxicab he will use for that shift. The pre-
trip inspection shalf cover all safety items and cleanliness of the vehicle. The operator shall report all safety
deficiencies to the franchise manager on duty, and those safety deficiencies shall be corrected before the taxicab is
put into service for that shift. The operator shall retain the inspection form with the cab throughout the shift, present
for inspection upon request by the Chief of Police or Director if stopped during the course of its duties. At the end
of the shift, the driver will perform a post-trip inspection using the same form. The completed form will be turned
into the franchise holder for documentation. Inspection forms used by the franchise holders are subject to approval
by the director.
Sec. I10-46-110-54. Reserved
Division 4 . Taxicab Rates
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. ..$2.50 plus $0.40 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 ...$1.00 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 $18.00 per trip shall be char;ed
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
Avera e Cost er Gallon of Fuel
$2.80 to $2.99 $0.10
$3.00 to $3.19 $0.15
$3.20 to $3.39 $0.20
$3.40 to $3.59 $0.25
$3.60 to $3.79 $0.30
$3.80 to $3.99 $0.35
$4.00 to $4.19 $0.40
$4.20 to $4.39 $0.45
$4.40 to $4.59 $0.50
$4.60 to $4.79 $0.55
$4.80 to $4.99 $0.60
$5.00 and above $0.65
(c) The City Council shall have the ribht 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 vehicie 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.
110-56. Request for Rate Change
(a) Requests for an increase in taxicab rates will be submitted to the Director for recommendation to
the City CounciL 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 for a
rate increase shall include at least the following:
( l) A cover letter stating the reason for the request of an increase in rates.
(2) Comparison of the operating conditions of the taxicab company to the taxicab industry
over at least the past two years, to include:
a. Gross operating revenues;
b. Operating expenses:
c. Total i�iles operated;
d. Total paid miles operated;
e. Number of passengers carried; and
,
f. Total number of trips.
(3) A summary analysis of the items in subsection (a)(2) of this section identifying major
operating expense changes necessitating the need for the rate change and the impact on
the industry if such change is not granted.
(b) The City Council will hold a public hearing within 60 days after receipt of the application for a
proposed rate change from a majority of the franchise holders.
(c) 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.
110-57. Fa res
(a) A taxicab 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 hasa passenger within the corporate city limits.
(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.
110-58. Refusal to Pay Legal Fare; Hiring Taxicabs With Intent To Defraud
[t shall be unlawful for any person to refuse to pay the legal fare of any taxicab after having hired the
taxicab, and it shall be unlawfW for any person to hire any taxicab with intent to defraud the person from whom it is
hired of the value of such servioe. Failure to pay the legal fare shall be presumptive of intent to defraud.
I10-59. Joint Trips
(a) When a taxicab is not originally engaged for ajoint trip, nothing in this article shall authorize the
carrying of additional passengers without the consent of thepassenger who first engaged the taxicab.
(b) When more than one passenger occupies a taxicab at the same time, nothing in this article shall
prevent the passengers from dividing the cost of the trip in any manner that they may voluntarily agree upon.
(c) The maximum rates of this article are per trip; not per passenger. A driver shall not charge a total
fare for operating a taxicab in the city that is in excess of the maximum rates set out in this article, regardless of the
number of passengers. Notwithstanding, the additional per-passenger fee may be charged as provided in Section
1 10-55.
(d) In the event two or more taxicab passengers are going to the same destination, the driver shall
col►ect only one fare as recorded on the taximeter. If the passengers are going to different destinations, the driver
shall clear his taximeter at the first destination and charge the first passenger the amount recorded on the taximeter,
and then proceed to the next destination as though it were a completely new trip. Other destinations shall be treated
likewise.
110-60. Design and Testing of Taximeters; Fees
(a) A taximeter must accurately register in legible figures on the basis of both mileage and time under
the rates and charges established in this article. Figures denoting the fare must be illuminated when the meter is
activated.
`
(b) A taximeter must be mounted in a conspicuous location in the taxicab in a manner approved by
the director so that the face of the taximeter and the fare numerals may be easily seen and read by a passenger
sitting in any part of the taxicab. A taximeter must be equipped to indicate whether the taxicab is engaged or vacant.
(c) If the taximeter employs a flag, the tlag must project at least four inches above the dashboard
when in the non-earning position.
(d) The taximeter or its drive system must be sealed at all points at which components, if
manipulated, could affect the function or accuracy of the taximeter.
(e) The design of a taximeter is subject to approval by the Director to assure that it complies with this
section. No taximeter shall be used on any taxicab the type and design of which has not been approved by the
Director. Before installing a taximeter, taxicab owners shall submit the type and design of taximeter to the Director.
If the taximeter is capable of properly and accurately computing and registering on its face the charge for the
distance traveled by and the waiting time of the taxicab,then the Director shall approve the taximeter.
(� A franchise holder shall cause each taximeter in taxicabs operating under its authority to be
maintained in good operating condition and to be tested and sealed at least once each year in accordance with state
and city weights and measures laws. The Director may establish a schedule of regular testing days and times for
purposes of this section. The franchise holder shall submit any vehicle to the Director for inspection prior to
utilizing a vehicle with a newly installed taximeter.
(g) A person commits an offense if he operatesor drives a taxicab that is:
(1) Not equipped with a taximeter; or
(2) Equipped with a ta�:imeter that:
a. Does not have a current vehicle permit and lead seal authorized by the director;
b. Has been tampered with or altered; or
c. Incorrectly registers or computes taxicab fares because of alterations to the taxicab
odometer, including, but not limited to, changes in the gears, tires, or wheels of the
taxicab.
(h) Both the driver and the franchisee shall be responsible for a violation of subsection (g).
110-62-110-69. Reserved
Division 5. Vehicle Requirements
110-'70. Vehicle Permit Required
It shall be unlawful to operate a taxicab unless it is permitted by the city.
110-71. Vehicle Permit
(a) The franchise holder shall obtain a vehicle permit for each taxicab utilized in his taxicab service.
indicating the taxicab's authority to operate, which shall show thereon the date of expiration of the permit to operate
a taxicab. A vehicle permit must be attached to the lett rear windshield of the taxicab in a manner approved by the
Director. The franchise holder must pay a permit fee for each taxicab permit he obtans from Director.
(b) A person commits an offense if he:
(1) Operates a taxicab with an expired vehicle permit or with no vehicle permit affixed to it;
(2) Attaches a vehicle permit to a vehicle not authorized to operate as a taxicab;
(3) Forges, alters, or counterfeits a vehicle permit required by this section;
(4) Possesses a forged, altered, or counterfeited taxicab vehicle permit required by this
section; or
(5) Displays more than one vehicle permit issued by the city on a vehicle at the same time.
(c) A vehicle permit assigned to one vehicle is not transferableto another vehicle.
110-72. Vehicle Permits; Expiration
All vehicle permits expire on December 31 of the year in which they were issuai.
110-73. False Representation as Taxicab
(a) A person may not represent that a vehicle is a taxicab if the vehicle is not, in fact, a taxicab
operated by a franchise holder authorized by the City via a franchise granted under this chapter.
(b) A person may not drive a vehicle in the city that is not a taxicab if the vehicle is marked, painted,
or equipped in a way that is likely to result in mistaking the vehicle for a taxicab.
110-74. Vehicle Requirements and Inspections
(a) The director may by regulation establish requirements for size, condition, and accessories of
taxicabs used by a taxicab or driver.
(b) The taxicab inspector shall inspect each taxicab for compliance with this chapter and regulations
of the Director, before it is placed in service, at regular inspections, and at such times as determined by the Director
or the taxicab inspector. The taxicab inspector shall complete a city inspection form and shall maintain such form as
a public record. If any inspection reveals that the vehicle is unsafe or does not comply with the provisions of this
article or state law, the franchise holder shall remove the vehicle from service.
(c) Every vehicle used as a taxicab shall have at least 4 doors with front and rear seats. Each vehicle
will have matching wheel covers rn its wheels or matching wheels.
(d) Each franchise holder shall provide the Director with a copy of the state-issued vehicle
registration for each taxicab that the franchise holder wishes to be permitted.
(e) A franchise holder or driver shall make a taxicab available for inspection when ordered by the
Director or the taxicab inspector. [t shall be unlawful for any person to refuse to allow the taxicab inspector to
inspect any vehicle used as a taxicab operating in the city pursuant to this chapter.
(� If, upon inspection, the taxicab inspector determines that a taxicab is not in compliance with this
chapter or regulations of the Director, the Director may order the taxicab to be removed from service.
(g) If a franchise holder or driver fails to make a taxicab available for inspection, the Director may
order the taxicab removed from service.
(h) A franchise holder that wishes to have a taxicab reinspected after the taxicab has been removed
from service must send a request for reinspection to the Director in writing and must pay a reinspection fee for each
taxicab to be reinspected. A reinspection fee must be paid each time a taxicab is reinspected.
(i) If the Director determines that inspection of the mechanical condition or safety equipment of a
taxicab by an expert mechanic or technician is necessary, thefranchise holder shall pay the cost of the inspection.
(j) Taxicab inspections shall include, but not be limited to, the following items: vehicle identification
number; taxicab number; date of purchase; foot brakes; emergency brake; head lamps; tail lamps; license plate
lights; stool light; dome light; horn; windshield wipers; heating, ventilating, and air conditioning systems; current
state inspection sticker; fire extinguisher; spare tire and trunk; the condition of the tires, passenger compartment,
rearview mirrors; all windows; overall cleanliness; safety; condition of paint; color scheme; taximeter readings; rate
card; required signage; fumes; state license plates and registration sticker; speedometer readings; mileage; steering;
muffler and tail pipe; accuracy of taximeter; condition of the body of the vehicle and fenders.
(k) Each inspection may include a taxicab inspector ride-along inspection ride of up to one hour's
duration as deemed necessary by the taxicab inspector.
110-75. Taxicab Age Limits
(a) A franchise holder or driver shall not operate any vehicle as a permitted taxicab in the City that is more
than 120 months old, unless said vehicle is a hybrid electric vehicle.
(b) A franchise holder or driver shall not operate any hybrid electric vehicle as a pennitted taxicab in the
City that is more than 144 months old.
(c) For purposes of this section, vehicle age will be calculated from January 1 st of the model year of the
vehicle.
110-76. Required Equipment for Taxicabs
(a) In addition to other equipment required by this chapter, a franchise holder, owner, or driver shall
provide and maintain in good operating condition the following equipment for each taxicab:
(1) Seat belts for each passenger, the number of which is determined by the designed seating
capacity of the taxicab;
(2) Heater and air conditioner;
(3) Chemical-type fire extinguisher, of at least one quart capacity, readily accessible for
immediate use;
(4) Equipment to indicate when a taxicab isoperating for hire and when it is not for hire;
(5) Electrically controlled top light; to be affixed on the outside top and front portion of
each taxicab that may be easily seen by people on the streets or sidewalks in the vicinity
of a taxicab, indicating occupancy of the cab;
(6) Two-way radio on the franchise holde�'s dispatch frequency;
(7) Map of the ciry;
(8) Vehicle permit complying with this article;
(9) Taxicab display receptacle;
(l0) Rates of fare cards or stickers; and
(11) Taximeter.
(b) No equipment listed in subsection (a)(4), (5), (6), (9), (10), and ( I 1) may be placed on a vehicle
to be operated as a taxicab unless the equipment is owned by thefranchise holder.
110-77. Lettering and Signs
Lettering and signs on taxicabs may be of adhesive decal or letters as approved by the Director. If painted,
they shall be in enamel or oil paint that will weather the elements and they 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.
110-78. Required Taxicab Identi�cation
A franchise holder shall cause each taxicab operating under its authority to be provided with the following
uniform vehicle identification:
(a) Every taxicab shall have stenciled or painted on the door of the cab the name of the owner or the
assumed name under which the owner operates, together with the company's telephone number
and the cab number.
(b) The number of the cab and the owner or the assumed name under which the owner operates, shall
be stenciled or painted upon the rear of any such vehicle. All such lettering shall not be less than
2'/z inches in height and not less than 5/16 inch stroke, with such stencil or paint as will weather
the elements. Such lettering, stencil and/or paint must be kept legible at all times.
110-79. Taxicab Display Receptacle
(a) Every taxicab must have a display receptacle approved by the Director securely affixed to a
conspicuous place on the dashboard, as well as placed in a conspicuous location in the backseat. A display
receptacle shall be at least 6'/4 inches by 10 inches in area, constructed of a rigid material, and designed to
accommodate the following information in accordance with the required dimensons:
(1) At least a 2-inch by 2-inch colored passport-quality photograph of the driver, with the
driver's name as it appears on the driver's Texas driver's license and the taxicab driver's
license number placed under the photograph in block letters and numbers not less than
3/16 inch high with at least a Ul6 inch stroke, must be laminated as a single unit not less
than 2'/4 inches by 3%z inches.
(2) The franchisee's full, legal name and trade name, address of the franchisee's primary
facility, and the franchisee's 24-hour phone number in block letters not less than '/ inch
high with at least a'/8 inch stroke, with the taxicab number placed under it in block
numbers and letters not less than '/, inch high with at least a 3/16 inch strohe, must be
laminated as a single unit not less than 3 inches by 2'/z inches.
(3) Taxi rates in block numbers at least 9/16 inch high with at least a 3/16 inch stroke and in
block letters at least'/8 inch high with at least a 1/32 inch stroke must be laminated as a
single unit not less than 6'/z by 6 inches.
(4) The Ciry's website and information promulgated by the Director providing an alternative
location for complaints to be submitted concerning taxicab service.
(b) A franchise holder or driver of a taxicab commits an offense if he operates or allows operation of
a taxicab that is equipped with:
(I) No required display receptacles;
(2) A display receptacle that does not contain required infonnation; or
(3) A display receptacle that contains insufficient or incorrect information.
110-80. Removal of Equipment f'rom Taxicabs
Whenever a vehicle is removed from service or is no longer authorized to operate as a taxicab, the
franchise holder, owner, or driver shall remove from the vehicle all taxicab signs, markings, and equipment that
would distinguish the vehicle as a taxicab, including, but not limited to, radios, top lights, meters, and vehicle
perm its.
110-81. Authority to Inspect
The Director, and his delegates, to include the taxicab inspector, may inspect a taxicab service operating
under this chapter to determine whether the service complies with this chapter, regulations established under this
chapter, or other applicable law.
110-82. Removal of Evidence of Authorization
Whenever a franchise holder's operating authority or a taxicab driver's license is suspended, revoked, or
denied or whenever a vehicle fails to pass inspection as a taxicab, the Director may remove or require the surrender
of all evidence of authorization as a franchise holder, taxicab driver, or taxicab, including, but not limited to,
removal or surrender of operating authority, licenses, vehicle permits, signs, insignia, radios, top lights, and meters
if applicable.
110-83. Enforcement by Nolice Department
Officers of the police department shall assist in the enforcement of this chapter. A Police Ofticer, upon
observing a violation of this chapter or the regulations established by� the Director, shall take necessary enforcement
action to insure effective regulations of taxicab service.
110-84. Correction Order
(a) If the Director determines that a franchise holder violates this code, terms of its operating
authority, a regulation established by the Director, or other law, the Director may notify the franchise holder in
writing of the violation and by written order direct the franchise holder to correct the violation within a reasonable
period of time. In setting the time for correction, the Director shall consider the degree of danger to the public
health or safety and the nature of the violation. [f the violation involves equipment that is unsafe or functioning
improperly, the Director shall order the franchise holder to immediately cease use of the equipment.
(b) If the Director detennines that a violation constitutes an imminent and serious threat to the public
health or safety, the Director shall order the franchise holder to correct the violation immediately, and, if the
franchise holder fails to comply, the Director shall promptly take or cause to be taken such action as he considers
necessary to enforce the order immediately.
(c) The Director shall include in a notice issued under this section an identification of the violation,
the date of issuance of the notice and the time period within which the violation must be corrected, a warning that
failure to comply with the order may result in suspension a• revocation of operating authority or imposition of a fine
or both.
I10-85-110-94. Reserved
Division 6 . Enforcement
110-95. Criminal Penalty
(a) Any business or person violating any prohibition, requirement, duty, or provision of this article
shall be deemed to have committed a class C misdemeanor, and upon conviction, shall be punished by a fine not to
exceed amounts prescribed in Section 1-14 of this Code.
(b) A culpable mental state is not required for the commission of an offense under this article. A
separate offense is committed each day in which an offense occurs.
(c) It is prima facie evidence that a taxicab is on duty and serving the general public for hire if there
are two or more people in the taxicab.
110-96. Administrative Penalty
(a) In lieu of or in addition to any criminal prosecution or other civil remedy for the violation of any
section of this article, the Director shall have the duty and authority to enforce this article by administrative action.
(b) The Director may, after adequate investigation, issue a franchise holder a civil penalty of up to
$500 per violation of any prohibition, requirement, duty, or provision of this article. A separate penalty may be
issued each day a violation occurs.
(c) Failure to pay administrative penalties within 45 days from the date of notice of such penalties
shall constitute a valid reason for revocation of the franchise by the Ciry Council and/or suspension of the franchise
by the Director.
110-97. Suspension
(a) The following regulations apply to the suspension of a franchise
(1) The Director may suspend a franchise if the director determines that the franchise
holder:
a. failed to comply with this article
b. intentionally or knowingly impeded the Director, his staff. or other law
enforcement ofticials in their duty or execuuon of their authoriry
c. does not qualify for a franchise under this article.
(2) Suspension of a franchise does not affect the expiration date of the permit.
110-98. Appeal Procedure
(a) Whenever a civil penalty or franchise suspension is issued by the Director, the franchise holder
shall be notified in writing of the penalty. Opportunity for a hearing will be provided if the franchise holder files a
written request with the City Manager within 10 business days. The franchise holder shall be afforded an
opportunity for a hearing within 10 business days of a request for a hearing. (f no request for a hearing is filed
within 10 business days, the administrative penalty or suspension is sustained and becomes final.
(b) A notice as required in this article is properly served when it is personally delivered to the
franchise holder or when it is sent by registered or certified mail, return receipt requested, to the last known address
of the franchise holder. A copy of the notice shall be filed in the records of the city.
(c) The City Manager, or his designee, shall conduct the hearings provided for in this article at a time
and place designated by him. Based upon the recorded evidence of such hearing, the City Manager shall make final
findings and shall sustain, modify, or rescind said administrative penalties considered in the hearing. A written
report of the hearing decision shall be furnishedto the franchise holder by the City Manager.
110-99-110-106. Reserved
Division 7 Fees
110-107. Fees
The following fees shall be charged:
Initial franchise application fee is $85
Annual franchise fee is $1,500
Annual permit fee per taxicab is $35
Re-inspection fee is $70 for the re-inspection of each taxicab requiring r�inspection
City Chauffeur's License Application Fee is �30, and includes one Chauffeur's License. Each additional
copy of said Chauffeur's License is $20.
I10-108-110-116. Reserved
ARTICLE 11. C1TY CHAUFFEUR'S LICENSE
110-117. Qualifications for City Chauffeur's License
(a) To qualify for a city chauffeur's license, an applicant shalt
(1) Be at least 18 years of age;
(2) Be currently authorized to work ful�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 traft�c 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 tault 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 a Class B or above
misdemeanor involving moral turpitude, violence, or use of a motor vehicle or any
felony:
I. within the last 2 vears, for a misdemeanor.
Z. within the last 5 years, for a felony.
(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;
( I I) 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.
110-118. Investigation of Application
(a) Upon request of the Director, the police department shall investigate each applicant and furnish
the Director a report concerning applicant's qualification underthis chapter.
(b) No city chauffeur's license shall be issued to any person until the police department shall have
taken fingerprints and a photograph of such chauffeur's applicant.
(c) The Director may conduct such other investigations as he considers necessary to determine
whether an applicant for a city chauffeur's license is qualified.
110-119. Issuance or Denial
(a) If the Director determines that an applicant is qualified, the Director shall issue a city chauffeur's
license to the applicant.
(b) The Director shall delay until final adjudication the approval of the application of any applicant
who is under indictment for or has charges pending for any offense listed in this article, or criminal attempt to
commit any of those; or
(c) The Director may deny the application for a ciry chauffeur's license if the applicant:
(1) is not qualified under this chapter;
(2) refuses to submit to or does not pass a medical or written examination authorized under
this article; or
(3) makes a false statement of a material fact in his application for a city chauffeur's license.
(d) If the Director determines that a license should be denied to the applicant, the Director shall
notify the applicant in writing that his apptication is denied and include in the notice the reason for denial.
110-120. Expiration of City Chauffeur's License; Voidance Upon Suspension or Revocation of
State Driver's License
(a) A City chauffeur's license expires on December 31 of the year it was issued.
(b) If a licensee's state driver's license is suspended or revoked by the state, his City chauffeur's
license automatically becomes void. A licensee shall notify the Director and the franchise holder for whom he
drives within 3 days of a suspension or revocation of his dciver's license by the state and shall immediately
surrender his City chauffeur's license to the Director.
110-121. Voidance Upon Loss of Sponsor
If the sponsoring franchise holder revokes its sponsorship of a holder of a City chauffeur's license in
writing to Director, the City chauffeur's license becomes void immediately upon Director's receipt of the
revocation.
110-122. Identi�cation Card Requirements for Taxi Drivers
(a) After the Chief of Police has verified an applicant's fingerprints and after the Director has
authorized issuance of a City chauffeur's license, the Director shall issue the chauffeur's license to an applicant who
has complied with the terms of this article. Said license shall contain a photo of the licensee and be on a tbrm
determined by the Director.
(b) The driver shall conspicuously display a City chauffeur's license on the clothing of the driver's
upper body when operating a vehicle for hire.
110-123. Display of License
A taxicab driver shall allow the Director, his delegated representative, or a peace ofticer to examine the
driver's City chauffeur's license upon request.
110-124. Suspension and Revocation of City Chauffeur's License
(a) If the Director determines that a licensee has failed to comply with this chapter or a regulation
established under this chapter, the Director may suspend the driver's City chauffeur's license for a definite period of
time not to exceed 60 days.
(b) [f at any time the Director detennines that a licensee is not qualified under this article, or is under
indictment or has charges pendin� for any offense involving driving while intoxicated or any offense involving a
crime described in this article or criminal attempt to commit any of those offenses, the Director shall suspend the
Ciry chauffeur's license until such time as the Director determines that the licensee is qualified or that the charges
against the licensee have been finally adjudicated.
(c) A licensee whose City chauffeur's license is suspended shall not drive a taxicab inside the City
during the period of suspension.
(d) The Director shall notify the licensee and the franchise holder, in writing, via certified mail or by
hand delivery, of a suspension under this section and include in the notice the reason fa the suspension; the date the
Director orders the suspension to begin, the duration of suspension or if it is under subsection (b), and a statement
infonning the licensee of a right of appeaL The period of suspension begins on the date specified by the Director or,
in the case of an appeal, on the date ordered by the appeal hearing officer.
(e) The Director may revoke or suspend a City chauffeur's license if the director detennines that the
licensee:
(1) Operated a taxicab inside the city a period in which the city chauffeur's license was
suspended;
(2) Made a false statement of a material fact in an application for a city chauffeur's license;
(3) Violated any provision of this chapter;
(4) Engaged in conduct that could reasonably be determined to be detrimental to the public
safety;
(5) Used, possessed, or was under the influence of any form of alcoholic beverage or
narcotic, or drug while on duty as a driver of a vehicle for hire, whether or not such drug
or narcotic is defined as a dangerous drug or as a controlled substance under state or
federal law;
(6) Was convicted of any felony offense while holding a city chauffeur's license.
(� A person whose City chauffeur's license is revoked shall not:
(1) Apply for another City chauffeur's license before the expiration of 12 months from the
date the Director revokes the license or, in the case of an appeal, the date the appeal
hearing officer affirms the revocation; or
(2) Drive a taxicab inside the city.
(g) The Director shall notify the licensee in writing of a revocation and include in the notice the
reason for the revocation, the date the Director orders the revocation, and a statement informing the licensee of his
right of appeal.
(h) After receipt of notice of suspension, revocation, or denial of license renewal, the licensee shall,
on the date specified in the notice, surrender his City chauffeur's license to the Director and discontinue driving a
taxicab inside the city.
(i) Notwithstanding subsections (c) and (h), if the licensee appeals the suspension or revocation
under this section, the licensee may not continue to drive a taxicab pending the appeal.
110-125. Appeal Procedure
(a) Whenever a City chauffeur's license denial, suspension or revocation is issued by the Director,
the licensee shall be notified in writing of the decision. Opportunity for a hearing will be provided if the licensee
files a written request with the Director not more than 10 business days after receiving notice of the Director's
action. The licensee shall be afforded an opportunity for a hearing within 10 business days of receipt of a request
for a hearing. [f no request for a hearing is filed within ]0 business days, the denial, suspension or revocation is
sustained and becomes final.
(b) The City Manager or his designee shall act as the appeal hearing officer in an appeal hearing
under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make
argument in his behalf. The formal rules of evidence do not apply to an appeal hearing under this section, and the
hearing officer shall make his rulinb on the basis of a preponderance of the evidence presented at the hearing.
(c) The hearing officer may affirm, modify, or reverse all or part of the action of the Director being
appealed. The decision of the hearing officer is final.
(b) A written report of the hearing decision shall be furnished to the licensee by the hearing officer.
Such report is properly served when it is personally delivered to the licensee or when it is sent by registered or
certified mail, return receipt requested, to the last known address of the licensee. A copy of the notice shall be filed
in the records of the city.
110-126. Falsifying a License
A person commits an offense if he:
(a) Forges, alters, or counterfeits a City chauffeur's license; or
(b) Possesses a forged, altered, or counterfeited City chauffeur's license.
110-127. Current Mailing Address of Licensee
An individual issued a City chauffeur's license shall maintain a current mailing address on file with the
Director. The licensee shall notify the taxi inspector of any change in this mailing address within ]0 business days
of the change.
Secs. 110-128-100-159. Reserved"
2. Ordinance No. 79-2006, establishing taxicab rates in the City of Wichita Falls,
is hereby repealed. Other prior ordinances are repealed to the extent they are
inconsistent with this ordinance.
PASSED AND APPROVED this the 21st day of December, 2010.
C J�-� 1�a --
MAYOR
ATTEST:
,
ity Clerk