Ord 46-2016 11/1/2016
Ordinance No. _46-2016__
Ordinance amending Chapter 110 of the Code of Ordinances, Vehicles
for Hire, in its entirety
WHEREAS, technologies have developed which make it possible to connect
persons who seek for-hire transportation within the City with drivers who are not
necessarily involved in such activity on a full-time basis; and,
WHEREAS, these new technologies enable persons seeking transportation to use
wireless or internet applications to determine the location of a potential driver, obtain
information about the driver, and arrange for transportation with that specific driver; and,
WHEREAS, these new technologies require some amendment to the City Vehicle
For Hire, Chapter 110, in order to recognize these non-traditional for-hire transportation
services and to protect the safety of drivers, riders, and the general public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. Chapter 110 of the Code of Ordinance, Vehicles for Hire, is hereby
amended in its entirety so that such Chapter shall hereafter read as follows:
“CHAPTER 110 - VEHICLES FOR HIRE
ARTICLE I. - IN GENERAL
Secs. 110-1—110-15. - Reserved.
ARTICLE II. - TAXICABS
DIVISION 1. - GENERALLY
Sec. 110-16. - Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
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 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.
Taximeter 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.
Sec. 110-17. - Taxicab service.
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.
Secs. 110-18—110-32. - Reserved.
DIVISION 2. - FRANCHISE CERTIFICATES
Sec. 110-33. - Required; franchise.
(a) It shall be unlawful to operate a taxicab in the city except under authority of
a franchise for taxicab service granted by the City.
(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 pre-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 long-term contract with the owner of said facility;
(4) Is a bus with a capacity for nine or more passengers; or
(5) Is a vehicle used solely for passengers who do not pay for the cost
of each trip.
Sec. 110-34. - 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 full-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 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.
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:
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.
Sec. 110-35. - 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
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 of the applicant and all other identifying information
required by the Director.
(2) 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.
(3) 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.
(4) The person signing the application shall indicate his position with the
company as individual owner, partner or corporate officer authorized
to sign the document.
Sec. 110-36. - Investigation of application.
The Director shall obtain a criminal background check on each applicant and its
officers and owners.
Sec. 110-37. - Determination on application; requirement for issuance.
(a) The Director shall review the application and conduct such
investigation as he deems appropriate.
(b) If the Director finds that the requirements of this article have been complied
with, he shall grant the franchise by ordinance. Once granted, the franchise shall remain
in effect for a period of five years from the date granted or such lesser time as determined
by the Director.
Sec. 110-38. - 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 Director upon a
satisfactory criminal background check of new owner.
Sec. 110-39. - Revocation of franchise.
(a) A taxicab franchise is revocable by the Director after written notification to
the franchise holder and a hearing before the Director in which the Director finds that such
franchise holder is in violation of this article or other laws 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.
(b) A person whose application for renewal, amendment, or supplemental
vehicles is denied, or whose operating authority is revoked or suspended may appeal, in
writing, to the City Manager or his designee not later than the 30th business day after
notice of the denial, suspension or revocation is mailed to the applicant.
(c) The City Manager shall issue a decision on the appeal not later than the
30th day after receipt of the written appeal.
(d) A person whose application for renewal or amendment is denied, or
whose operating authority is revoked or suspended may not operate a ground
transportation service during the pendency of an appeal.
Sec. 110-40. - Annual franchise fee.
The franchise holder shall pay an annual franchise fee to the 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.
Secs. 110-41—110-51. - Reserved.
DIVISION 3. - REGULATION OF FRANCHISE
Sec. 110-52. - City chauffeur's license and Sheppard Air Force Base access
required.
(a) An operator for a franchise holder 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 Base.
(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 the
franchise 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.
Sec. 110-53. - 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 laws 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 laws applicable to the operation of a motor
vehicle in this state.
Sec. 110-54. - Franchise holder's telephone number.
A franchise holder may not advertise more than 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, seven days per week. A franchise holder may not utilize an
answering service to answer telephone calls to its advertised numbers.
Sec. 110-55. - 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 the franchise 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 regulations established by the Director or other applicable law.
Sec. 110-56. - 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.
Sec. 110-57. - Insurance; taxicabs.
(a) Before a vehicle permit is issued to operate a taxicab in the city, the
franchise holder shall procure and furnish to the Director and shall thereafter keep in full
force and effect a liability and property damage insurance policy of not less than the
greater of the following:
(1) The minimum requirements of the state or federal law; or
(2) At least $100,000.00 per accident for injuries and at least $50,000.00
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 state laws or having a legal right to do business in the state.
(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 as an additional
insured, provide the city with at least 30 days’ notice of cancellation, nonpayment of
premium, or non-renewal, and include a waiver of subrogation in favor of the city.
Sec. 110-58. - Apparel to be worn by drivers.
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:
(a) A driver may not wear:
(1) Cut-offs;
(2) Apparel with offensive or suggestive language;
(3) Tank tops;
(4) Halter tops;
(5) Outer apparel made of fishnet or undergarment material; or
(6) Unhemmed shorts.
(b) 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.
(c) A driver and the driver's clothing must conform to basic standards of
hygiene and be neat, clean, and sanitary at all times.
(d) A driver's hair must be clean and neatly groomed. Facial hair must be neatly
trimmed.
(e) 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
a shirt specified by the franchise holder while on duty.
Sec. 110-59. – Franchise holder's records and reports.
Each franchise holder shall maintain at its primary facility all business records of
its taxicab service related to pick-up and drop-off locations, as well as when and where
each specific driver worked. The Director may specify methods used in maintaining the
records, and 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.
Sec. 110-60. - Citywide 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
Regional Airport that are accessible by paved roadways.
Sec. 110-61. - 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.
Sec. 110-62. - Refusal to convey passengers by taxicabs.
(a) While driving a taxicab, a driver shall not refuse to convey a person who
requests service unless:
(1) The person is disorderly;
(2) The driver is engaged in answering a previous request for service;
(3) The driver has reason to believe that the person is engaged in
unlawful conduct; or
(4) The driver is in fear of his personal safety.
(b) While driving a taxicab, a driver shall not refuse service requested by a radio
dispatch when the location for pick up is within a reasonable distance from the location of
the taxicab.
(c) A driver for a franchise holder may not refuse to accept a passenger who is
disabled nor may they charge a higher fee or additional fee to a person who is disabled,
based upon the person's disability, use of a service animal, wheelchair, crutches, or other
mobility assistive device.
(d) A driver is required to transport a service animal, wheelchair, crutches, or
other mobility assistive device at the time of the service provided for that disabled
passenger, provided that the driver can reasonably accommodate the aforementioned
items with the taxicab. If a driver identifies a motorized wheelchair or mobility assistive
device at the time of the call for service that may present difficulties with transport in some
vehicles, then the franchise holder shall dispatch a vehicle that will accommodate the
motorized wheelchair or mobility assistive device and transport said wheelchair and/or
device at no additional charge to the disabled passenger.
Sec. 110-63. - Passenger limitations of taxicabs.
(a) A driver may not carry more persons than the designed seating capacity of
the taxicab. A taxicab shall also not carry more than eight persons in addition to the driver.
(b) 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.
Sec. 110-64. - 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. 110-65. - 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.
Sec. 110-66. - 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.
Sec. 110-67. - Conduct of drivers.
A driver shall:
(1) Act in a reasonable, prudent, and courteous manner;
(2) Maintain a sanitary and well-groomed appearance in compliance with this
chapter;
(3) Not respond to a radio dispatch call assigned to another franchise holder;
(4) 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;
(5) Not use tobacco products in a taxicab;
(6) 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;
(7) Not interfere with the Director in the performance of the Director's duties;
(8) 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 hazardous or illegal;
(9) Not sell or provide alcoholic beverages or controlled substances to any
passenger in a taxicab; and
(10) 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.
Sec. 110-68. - 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 24-hour period.
Sec. 110-69. - Duty to load or unload passengers at curb.
It shall be the duty of each taxicab vehicle to load or unload passengers at the
curb.
Sec. 110-70. - 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 the Director, along with a copy of the driver's report.
Sec. 110-71. - 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 of a taxicab stand must file a
written request with the Director.
Sec. 110-72. - 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:
(1) Solicit nor accept payment from a driver in return for giving preferential
treatment in directing passengers to a driver's taxicab; or
(2) Interfere with the orderly progression of taxicabs from the rear to the front
of a taxicab stand.
Sec. 110-73. - 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 three-eighths-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.
Sec. 110-74. - 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) of this section.
Sec. 110-75. - 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 reaches 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 shall 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.
Secs. 110-76—110-85. - Reserved.
DIVISION 4. - TAXICAB RATES
Sec. 110-86. - Rate schedule; authority to establish; measurement of
distance.
(a) The maximum rates and fares that taxicabs may charge are as follows:
(1) Flag drop charge: $2.75 plus $0.45 for each fifth of a mile or fraction
thereof traveled.
(2) For each one minute of waiting time during each trip: $0.42 per
minute.
(3) Additional fare for passengers in excess of one: $2.00 per additional
passenger.
(4) For trips originating at or within 300 feet of Sheppard Air Force Base
and terminating non-stop at Sikes Senter Mall or Century City/Plaza,
and for trips originating at Sikes Senter Mall or Century City/Plaza
and terminating non-stop at or within 300 feet of Sheppard Air Force
Base, a fixed rate of no more than $20.00 per trip shall be charged
regardless of the number of passengers carried.
(5) Nothing in this section shall prohibit charges less than the above
stated rates and fares.
(b) The per-mile surcharge shall be as follows:
City of Wichita Falls
Average Cost
per Gallon of Fuel Per-Mile Surcharge
$3.50 to $3.74 $0.20
$3.75 to $3.99 $0.30
$4.00 to $4.24 $0.40
$4.25 to $4.49 $0.50
$4.50 to $4.74 $0.60
$4.75 to $5.00 $0.70
$5.01 and above Approved by
City Council
(c) The city council shall have the right to change or establish the maximum
rates and fares to be charged by taxicabs or vehicles used for public transportation in the
city at any time it deems necessary.
(d) Any measurement of distance shall be made by the taximeter of the vehicle
operating as a taxicab, provided that such taximeter shall have been inspected and tested
for accuracy and shall be in good working order at the time such rate or fare is charged.
(e) The Director may authorize alternate zone or trip-specific rates to be
provided at the option of a customer.
(f) Regardless of the fare schedule set else in this section, a minimum taxi fare per
ride shall be $5.
Sec. 110-87. - 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:
(1) 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 miles 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.
Sec. 110-88. - Fares.
(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 has
a 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.
Sec. 110-89. - 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 taxicab, 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. 110-90. - Joint trips.
(a) When a taxicab is not originally engaged for a joint trip, nothing in this article
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 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
110-86.
(d) In the event two or more taxicab passengers are going to the same
destination, the driver shall collect 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.
Sec. 110-91. - 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 flag 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 ensure
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.
(f) 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 operates or drives a taxicab that is:
(1) Not equipped with a taximeter; or
(2) Equipped with a taximeter 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) of this section.
Secs. 110-92—110-100. - Reserved.
DIVISION 5. - VEHICLE REQUIREMENTS
Sec. 110-101. - Vehicle permit required.
It shall be unlawful to operate a taxicab unless its taximeter has been inspected
by the City on an annual basis and the associated annual vehicle permit fee has been
paid.
Sec. 110-102. - Vehicle permits; expiration.
All vehicle taximeter inspections expire on December 31 of the year in which they
were issued.
Sec. 110-103. - 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.
Sec. 110-104. - Vehicle requirements and inspections.
(a) 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 operate.
(b) If, upon inspection, the taxicab inspector determines that a taxicab’s meter
is not working properly, the Director may order the taxicab to be removed from service.
Sec. 110-105. - Required equipment for taxicabs.
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) Rates of fare cards or stickers; and
(4) Taximeter.
Sec. 110-106. - 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.
Sec. 110-107. - Required taxicab identification.
A franchise holder shall cause each taxicab operating under its authority to be
provided with the following uniform vehicle identification:
(1) 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.
(2) 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 3 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.
Sec. 110-108. - 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 6¼ inches by
ten inches in area, constructed of a rigid material, and designed to accommodate the
following information in accordance with the required dimensions:
(1) At least a two-inch by two-inch colored passport-quality photograph of the
driver, with the driver's name as it appears on the driver's state 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 1/16-inch stroke, must be laminated as a single unit not less than
2¼ inches by 3½ 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 one-half-inch high with at least a one-eighth-inch
stroke, with the taxicab number placed under it in block numbers and letters
not less than three-quarter-inch high with at least a 3/16-inch stroke, must
be laminated as a single unit not less than three inches by 2½ 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 one-eighth-inch high with at least a 1/32-
inch stroke must be laminated as a single unit not less than 6½ by six
inches.
(4) The city'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:
(1) No required display receptacles;
(2) A display receptacle that does not contain required information; or
(3) A display receptacle that contains insufficient or incorrect information.
Sec. 110-109. - Removal of equipment from 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 permits.
Sec. 110-110. - 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.
Sec. 110-111. - 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.
Sec. 110-112. - Enforcement by Police Department.
Officers of the Police Department shall assist in the enforcement of this chapter. A
police officer, upon observing a violation of this chapter or the regulations established by
the Director, shall take necessary enforcement action to ensure effective regulations of
taxicab service.
Secs. 110-113—110-125. - Reserved.
DIVISION 6. - ENFORCEMENT
Sec. 110-126. - 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.
(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.
Sec. 110-127. - 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 $500.00 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 city
council and/or suspension of the franchise by the Director.
Sec. 110-128. - Suspension.
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 officials in their duty or execution of their authority.
c. Does not qualify for a franchise under this article.
(2) Suspension of a franchise does not affect the expiration date of the permit.
Sec. 110-129. - 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 hear ing
will be provided if the franchise holder files a written request with the city manager within
ten business days. The franchise holder shall be afforded an opportunity for a hearing
within ten business days of a request for a hearing. If no request for a hearing is filed
within ten business days, the administrative penalty or suspension is sustained and
becomes final.
(b) A notice as required in this section 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 section 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 furnished to the franchise holder by the city manager.
Secs. 110-130—110-137. - Reserved.
DIVISION 7. - FEES
Sec. 110-138. - Established.
Fees shall be as established by separate ordinance.
Secs. 110-139—110-149. - Reserved.
ARTICLE III. CITY CHAUFFEUR'S LICENSE
Sec. 110-150. - Qualifications for city chauffeur's license.
To qualify for a city chauffeur's license, an applicant shall:
(1) Be at least 18 years of age;
(2) Be currently authorized to work full-time in the United States;
(3) Hold a valid driver's license issued by the state;
(4) Be able to communicate in the English language;
(5) 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;
(6) Not have been convicted of more than four moving traffic violations arising
out of separate transactions, or been involved in more than two automobile accidents in
which it could be reasonably determined that the applicant was at fault during the
preceding 36 months;
(7) Not have been convicted, placed on probation or deferred adjudication, or
completed a sentence (including a term of probation or deferred adjudication) for any
felony within the last five years or currently be on probation for any Class B or above
misdemeanor involving moral turpitude, violence, or use of a motor vehicle;
(8) Not have been convicted of, or discharged by probation or deferred
adjudication for, driving while intoxicated within the preceding 24 months more than one
time within the preceding ten years;
(9) Not be addicted to the use of alcohol or narcotics;
(10) Be subject to no outstanding warrants of arrest;
(11) Be sanitary and well-groomed in dress and person in compliance with this
chapter;
(12) 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
(13) Pay the city chauffeur's license application fee and complete a chauffeur's
application form provided by director.
Sec. 110-151. - 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 under this
chapter.
(b) No city chauffeur's license shall be issued to any person until the City
performs a background check and a photograph is taken 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.
Sec. 110-152. - 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.
(c) The director may deny the application for a city 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 application is denied and include
in the notice the reason for denial.
Sec. 110-153. - 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 three days of a suspension or
revocation of his driver's license by the state and shall immediately surrender his city
chauffeur's license to the director.
Sec. 110-154. - 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 the director, the city chauffeur's license becomes void
immediately upon the director's receipt of the revocation.
Sec. 110-155. - Identification 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 form 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.
Sec. 110-156. - Display of license.
A taxicab driver shall allow the director, his delegated representative, or a peace
officer to examine the driver's city chauffeur's license upon request.
Sec. 110-157. - 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) If at any time the director determines that a licensee is not qualified under
this article, or is under indictment or has charges pending 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 city 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 for the suspension, the date the director orders the suspension to begin,
the duration of suspension or if it is under subsection (b) of this section, and a statement
informing 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
determines that the licensee:
(1) Operated a vehicle for hire or 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.
(f) 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 vehicle for hire or 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) of this section, if the licensee
appeals the suspension or revocation under this section, the licensee may not continue
to drive a taxicab pending the appeal.
Sec. 110-158. - 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 ten business days after receiving notice of the director's action. The licensee
shall be afforded an opportunity for a hearing within ten business days of receipt of a
request for a hearing. If no request for a hearing is filed within ten 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 ruling 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.
(d) 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.
Sec. 110-159. - Falsifying a license.
A person commits an offense if he:
(1) Forges, alters, or counterfeits a city chauffeur's license; or
(2) Possesses a forged, altered, or counterfeited city chauffeur's license.
Sec. 110-160. - 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 ten business days of the change.
Secs. 110-160 – 110-184 Reserved.
ARTICLE IV. - TRANSPORTATION NETWORK COMPANY SERVICE.
Sec. 110-185. Definitions
In this Article:
(a) Compliant Driver means a Transportation Network Company driver who has
passed a driver history check and a fingerprint-based criminal background check.
(b) Dynamic Pricing means a software application or other method used to
maximize the supply of available vehicles on the network to match the demand for rides,
including for the purpose of increasing reliability or incentivizing drivers.
(c) Transportation Network Company (TNC) means an organization, whether a
corporation, partnership, sole proprietor, or other form, which provides on-demand
transportation services for compensation using an online-enabled application (app) or
platform to connect passengers with drivers.
Sec. 110-186. Penalty
Any person, corporation, partnership, sole proprietor, or other entity that meets the
definition of TNC and operates in violation of this Article commits a Class "C"
Misdemeanor punishable by a fine of not less than $500 per offense.
DIVISION 1. OPERATIONS
Sec. 110-187. TNC Operating Authority Required.
(a) A TNC may not legally operate within the City without a TNC operating
authority.
(b) A TNC must apply for a TNC operating authority under the requirements
of Division 2 of this Article.
(c) A TNC applicant must have a representative located in the City and
named on the application for a TNC operating authority, and as an agent for process.
(d) With its application for a TNC operating authority, a TNC applicant must
provide a certificate of insurance as proof that it has commercial automobile insurance
issued in compliance with Article 4, Division 3 of this Chapter, by a company licensed
to operate in the State of Texas and by an agent licensed by the State of Texas. The
policy must include coverage for:
(1) bodily injury;
(2) property damage; and
(3) owned, non-owned, and hired vehicle coverage.
(e) A TNC operating authority will be for a term of one year.
(f) A TNC operating authority may not be transferred or assigned.
Sec. 110-188. TNC Local Presence Required.
A TNC must maintain a local presence to include an active website and a 24-hour
customer service number and email address.
Sec. 110-189. Disclosure of Fare and Minimum Rate.
(a) Before a TNC trip is accepted, a rider must be able to view the estimated
compensation, suggested compensation, or indication that no-charge is required for the
trip. A TNC must transmit an electronic receipt documenting the origin and destination of
each TNC trip, and the total amount paid upon completion of each trip.
(b) The minimum fare a TNC may charge for a trip shall be calculated based at
$1.10 per mile. The Director may approve special promotional rates upon request.
Sec. 110-190. Dynamic Pricing.
(a) If a TNC utilizes dynamic pricing, the software application must:
(1) provide clear and visible indication that dynamic pricing is in effect
prior to requesting a ride;
(2) include a feature that requires riders to confirm that they
understand that dynamic pricing will be applied in order for the ride
request to be completed;
(3) provide a fare estimator that enables the user to estimate the cost
under dynamic pricing prior to requesting the ride; and
(4) during periods of abnormal market disruptions, dynamic pricing
shall be prohibited.
(b) As used in this section, "abnormal market disruptions" includes any
change in the ground transportation market, whether actual or imminently threatened,
resulting from stress of weather, convulsion of nature, failure or shortage of electric
power or other source of energy, strike, civil disorder, war, military action, national or
local emergency, or other cause of an abnormal disruption of the market which results
in the declaration of a state of emergency by the governor.
Sec. 110-191. Identification.
A TNC application used to connect drivers to riders must display an accurate
picture of drivers, and a picture or description of the type of vehicle, as well as the license
plate number of the vehicle.
Sec. 110-192. Accessible Vehicle Service.
(a) Within six months of obtaining a TNC operating authority, a TNC shall
implement an accessibility plan approved by the Director. If a TNC has an existing
accessibility plan on file in another jurisdiction, the TNC must adapt that plan for use in
the City.
(b) Within three months of obtaining a TNC operating authority, an accessible
service request indicator must be available on the app. If a driver cannot provide a
passenger a requested accessible ride, the TNC must identify an alternative
transportation arrangement for the passenger.
(c) Service animals must be reasonably accommodated by TNC drivers. If a
service animal cannot be reasonably accommodated by a driver, the TNC must identify
an alternative transportation arrangement for the passenger and service animal.
(d) A TNC may not allow its drivers to refuse to accept a passenger who is
disabled, or to charge a higher fare or additional fee to a person who is disabled, based
on the person's disability, use of a support animal, wheelchair, crutches, or other
mobility assistance device. Should exposure to a support animal cause a TNC driver
an undue health burden, the TNC shall provide an alternate driver for the passenger
with the support animal.
Sec. 110-193. Travel Lanes.
A driver operating as a TNC driver may not stop, stand, park, load or unload
passengers in a travel lane or in an officially designated bus stop.
Sec. 110-194. Driver Enforcement.
A TNC shall establish and enforce policies requiring compliance with the applicable
provisions of City Code in all agreements by drivers who contract with the TNC.
DIVISION 2. TNC VEHICLE AND DRIVER REQUIREMENTS.
Sec. 110-195. Inspections.
Before operating a vehicle under a TNC platform, a vehicle must successfully
pass an inspection by a mechanic certified by the State of Texas to perform state
inspections. Valid registration stickers must be displayed on the vehicle.
Sec. 110-196. Emblems and Trade Dress
(a) All vehicles operating under a TNC platform shall display a consistent and
distinctive Director approved emblem indicating which TNC is being used at all times that
the vehicle is being used to provide TNC services.
(b) A TNC should request that a driver not wear:
(1) Cut-offs;
(2) Apparel with offensive or suggestive language;
(3) Tank tops;
(4) Halter tops;
(5) Outer apparel made of fishnet or undergarment material; or
(6) Unhemmed shorts.
(c) Shoes must be worn by TNC drivers 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.
(d) A TNC driver and the driver's clothing must conform to basic standards of
hygiene and be neat, clean, and sanitary at all times.
(e) TNC shall ask that drivers wear shirts with collars, in a color and design that
identifies them as drivers for a particular TNC operating authority.
Sec. 110-197. Taxes.
Appropriate taxes must be paid on each vehicle operated for a TNC. A vehicle
used as a TNC vehicle that has unpaid taxes assessed may not operate on City streets.
DIVISION 3. INSURANCE REQUIREMENTS.
Sec. 110-198. Insurance.
Transportation Network Companies must comply with State of Texas insurance
requirements for TNCs as described in Texas Insurance Code Chapter 1954.
Sec. 110-199. Driver Notification.
(a) Pursuant to Texas Insurance Code Chapter 1954, a TNC shall disclose
in writing to participating drivers, as part of its agreement with those drivers, the
insurance coverage and limits of liability that the TNC provides while the driver uses a
vehicle in connection with a transportation network company's online-enabled
application or platform.
(b) A TNC shall also disclose in writing to participating drivers, as part of its
agreement with those drivers, that the driver's personal automobile insurance policy
may not provide collision or comprehensive coverage for damage to the vehicle used
by the driver from the moment the driver logs on to the TNC's online-enabled
application or platform to the moment the driver logs off the TNC's online-enabled
application or platform.
DIVISION 4. DRIVERS.
Sec. 110-200. Sheppard Air Force Base Access
(a) A TNC driver may not drive a vehicle for hire in the city without the right to
provide TNC services to the interior of Sheppard Air Force Base.
(b) A TNC driver shall not employ or contract with a driver or otherwise allow a
person to drive for hire a vehicle owned, controlled, or operated by the TNC driver unless
the driver has a valid right to provide TNC services to the interior of Sheppard Air Force
Base.
(c) Prior to allowing a driver to operate a vehicle for hire, the TNC driver shall
provide the Director with a copy of the Sheppard Air Force Base pass for said driver.
Sec. 110-201. Driver Hours.
(a) A TNC driver may not drive-for-hire, as defined in Subsection (b) of this
section, for more than twelve hours within any 24-hour period, without
taking an 8-hour break from driving.
(b) For purposes of this section, "drive-for-hire" includes offering, making
available, or using a vehicle to provide any TNC or TNC-related service, including any
time when a driver is in the vehicle and logged onto the transportation network
company's internet-enabled application or digital platform showing that the driver is
available to pick up passengers; when a passenger is in the vehicle; when the TNC's
dispatch records show that the vehicle is dispatched; or when the driver has accepted
a dispatch and is en route to provide transportation network service to a passenger.
Sec. 110-202. Driver Training and Chauffeur’s Permit.
(a) A TNC shall establish a driver-training program designed to ensure that
each driver safely operates his or her vehicle prior to the driver being able to offer service.
(b) Each driver is required to obtain a City-issued chauffeur’s permit prior to
operating a vehicle for hire on behalf of a TNC and all TNCs operating in the City shall
not allow any driver to operate a vehicle for hire on behalf of the TNC unless each driver
has a valid City-issued chauffeur’s permit.
Sec. 110-203. Zero Tolerance Policy.
A TNC shall implement a zero tolerance policy on the use of drugs or alcohol by
drivers who are driving passengers obtained through the use of a TNC app and advertise
this policy on its website. Procedures for filing a complaint about a TNC driver suspected
of using drugs or alcohol while driving and an explanation warning of deactivation for
drivers found in violation of the policy must also be advertised on a TNC's website.
Sec. 110-204. Off-Application and Street-Hails Prohibited.
TNC drivers shall only accept rides booked through the digital platform and shall
not solicit or accept street-hails.
Sec. 110-205. Citywide TNC service required.
Except as otherwise provided, the TNC operating authority’s application shall:
(1) Be operational 24 hours each day, seven days a week; and
(2) Provide service to all parts of the City of Wichita Falls, Sheppard Air Force
Base, and the Wichita Falls Regional Airport that are accessible by paved
roadways.
Sec. 110-206. Refusal to convey passengers by taxicabs.
(a) A driver for an operating authority may not refuse to accept a passenger
who is disabled nor may they charge a higher fee or additional fee to a person who is
disabled, based upon the person's disability, use of a service animal, wheelchair,
crutches, or other mobility assistive device.
(b) A driver is required to transport a service animal, wheelchair, crutches, or
other mobility assistive device at the time of the service provided for that disabled
passenger, provided that the driver can reasonably accommodate the aforementioned
items with the vehicle. If a driver identifies a motorized wheelchair or mobility assistive
device at the time of the call for service that may present difficulties with transport in some
vehicles, then the operating authority shall dispatch a vehicle that will accommodate the
motorized wheelchair or mobility assistive device and transport said wheelchair and/or
device at no additional charge to the disabled passenger.
Sec. 110-207. 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.
Secs. 110-208 – 110-220 are hereby reserved.
DIVISION 5. APPLICATION; ADMINISTRATION
Sec. 110-221. Operating Authority Application Required.
(a) To obtain operating authority for a ground transportation service, a person
must make written application to the Director on a form prescribed by the Director. The
application must be sworn or affirmed.
(b) The application must include:
(1) The name, address, telephone number, and Texas driver's license
number, if any, of the applicant and each officer, Director, partner,
and any other person who will participate in the business decisions
of or who has the authority to enter contracts on behalf of the
ground transportation service.
(2) Certified copies of any documents required by state law to be filed
for the business entity to legally exist, and a statement from the
Texas Secretary of State certifying that the business is in good
standing if state law requires the entity to file documents with the
Texas Secretary of State.
(3) For each person described in Subsection (b)(1), a description of
all criminal convictions, and a criminal history certified by the
Texas Department of Public Safety within the 30 days preceding
the date the application is submitted.
(4) If a person described in Subsection (b)(1) has been a resident of
Texas for less than three years preceding the date of the
application, the criminal history must be certified by the
corresponding governmental authority in the former state of
residence within 30 days preceding the submission of the
application.
(5) The number, type, and description of each vehicle to be used in
the proposed service, including for each vehicle the year, make,
model, vehicle identification number, manufacturer's rated seating
capacity, state license plate number, and the body style.
(6) A description of the applicant's ground transportation service
experience.
(7) A detailed description of the proposed service.
(8) The proposed rate of fare.
(9) Proof of insurance coverage required under this chapter.
(10) An affidavit that there are no outstanding judgments that arise out
of circumstances related to ground transportation service against
a person described in Subsection (b)(1).
(11) Additional information required on the application form prescribed
by the Director.
(c) A person may apply for multiple operating authorities on a single
application form, provided that the application:
(1) describes each service applied for; and
(2) complies with this chapter.
Sec. 110-222. Application Fee Required.
(a) An application for an operating authority must be accompanied by an
application fee that is set by separate ordinance.
(b) A person who applies for multiple operating authorities on one application
shall pay only one application fee.
Sec. 110-223. Standards for Issuing and Denying Operating Authority.
In a decision to approve or deny an initial or renewal application for operating
authority, the Director shall consider whether:
(a) all applicable requirements of this chapter have been met;
(b) a previous operating authority of the applicant has been revoked;
(c) the applicant advertised, offered, or provided ground transportation
service before the application was approved in violation of Section 110-187 (TNC
Operating Authority Required); and
(d) the criminal history of the applicant, if any, may adversely affect the
applicant's ability to provide the ground transportation service.
Sec. 110-224. Appeal of Application Denials.
(a) The Director shall notify an applicant in writing of the denial of an
application and the reason for the denial. The notice must include a statement of the
applicant's right to appeal.
(b) An applicant may appeal a denial of the application to the City Manager
or his designee. The appeal must be made in writing no later than the 30th business
days after the notice of denial is mailed to the applicant.
(c) The City Manager shall issue a decision on the appeal not later than the
30th day after receipt of the written appeal.
Sec. 110-225. Contents of Operating Authority.
An operating authority must state the type of service for which it is issued. It must
also contain the following conditions and limitations:
(a) number and type of authorized vehicles;
(b) maximum number of passengers that may be transported in each vehicle;
(c) that the holder will own, lease, or contract for control of every ground
transportation service vehicle used in providing the ground transportation service; and
(d) any other conditions or limitations considered necessary by the Director.
Sec. 110-226. Operating Authority.
(a) On the issuance of an operating authority, the holder is required to pay
an annual operating authority fee that is set by separate authority. This fee is due at
the time the operating authority is issued and then on the 1st business day of each
calendar year thereafter.
Sec. 110-227. Amendment to Operating Authority.
(a) To amend an operating authority, a holder must submit a written request
to the department describing in detail the proposed amendment.
(b) The Director may approve or deny an amendment to a holder's operating
authority. If the Director approves an amendment, the Director shall issue an amended
operating authority.
Sec. 110-228. Renewal of Operating Authority.
(a) An operating authority issued under this article expires one year after the
date of issuance.
(b) To renew an operating authority, a holder must submit a written request
for renewal not later than the 60th day preceding the expiration of the operating
authority. The request must include any change in information from the initial
application, and affirm that all of the information on file remains current.
(c) In addition to the standards prescribed by Section 110-218 (Standards
for Issuing and Denying Operating Authority), in determining whether to renew an
operating authority, the department shall also consider whether:
(1) the holder has performed satisfactorily under the terms of the
operating authority;
(2) the holder has complied with this chapter;
(3) the operating authority has not been revoked for any period; and
(4) renewal serves the best interest of the public.
(d) The department shall deny a request for renewal of operating authority
that is received by the department after the deadline stated in Subsection (b).
Sec. 110-229. Expired Operating Authority.
To obtain a new operating authority, the holder of an expired operating authority
must submit a new application under Section 110-187 (TNC Operating Authority
Required).
Sec. 110-230. Automatic Revocation or Suspension of Operating Authority.
(a) An operating authority is automatically revoked on the occurrence of the
following:
(1) the holder of the operating authority is convicted of a criminal
offense related to the TNC; or
(2) the holder of the operating authority violates Section 110-229
(Transfer Prohibited).
(b) An operating authority is automatically suspended if the insurance
coverage required by Section 110-200 (Inspections) lapses. Before the operating
authority is eligible for reinstatement, the holder must provide proof that the
requirements of Section 110-199 (Taxes) have been met.
Sec. 110-231. Revocation or Suspension of Operating Authority.
(a) The department may revoke or suspend an operating authority if the
holder:
(1) submits a written request or application containing false or
misleading information, or omits required information;
(2) is convicted of an offense for which the department may deny an
application for an operating authority;
(3) fails to comply with a provision of this chapter;
(4) fails to comply with a condition of the operating authority;
(5) fails to pay the operating authority fee when due;
(6) fails to provide prearranged or scheduled service, if applicable;
(7) fails to begin operation of a ground transportation service within 30
days of the date the operating authority is issued;
(8) discontinues the ground transportation service approved in the
operating authority for more than 30 consecutive days; or
(b) The department shall provide written notice to the holder of the revocation
or suspension of an operating authority not later than the 10th business day after the
action is taken.
Sec. 110-232. Appeal of Administrative Actions.
(a) A person whose application for renewal, amendment, or supplemental
vehicles is denied, or whose operating authority is revoked or suspended may appeal,
in writing, to the City Manager or his designee not later than the 30th business day after
notice of the denial, suspension or revocation is mailed to the applicant.
(b) The City Manager shall issue a decision on the appeal not later than the
30th day after receipt of the written appeal.
(c) A person whose application for renewal or amendment is denied, or
whose operating authority is revoked or suspended may not operate a ground
transportation service during the pendency of an appeal.
Sec. 110-233. Supplemental Vehicles.
(a) A holder of a renewed operating authority may request permission to
operate supplemental vehicles of the type approved in the operating authority.
(b) A request under this section must be filed with the department and include
the following:
(1) the holder's certification that the vehicle:
a. qualifies under this chapter as a vehicle to be used in a
limousine service, shuttle service, or charter service;
b. is a type of vehicle approved in the holder's operating
authority;
c. is not more than two model years old; and
d. meets appearance and safety standards.
(2) A description of the proposed supplemental vehicle including
make, model, year, body style, color, and license number.
(3) The proposed use of the vehicle.
(c) The holder shall submit a copy of proof of insurance for the vehicle with
the supplemental vehicle request filed with the department.
(d) The holder shall pay the supplemental vehicle fee on the first City
business day after the supplemental vehicle is placed in service.
(e) A copy of the supplemental vehicle report and proof of insurance must be
kept in the supplemental vehicle when it is used to provide service. A driver of a
supplemental vehicle must present a copy of the report on request of a scheduled
customer or enforcement personnel.
(f) A supplemental vehicle permit is valid for a period of five days.
(g) The department shall adopt rules for the implementation of this section.
Sec. 110-234. Transfer Prohibited.
A holder of an operating authority may not attempt to transfer or assign an
operating authority.
Sec. 110-235. Operating Authority Fees.
(a) Except as provided in Subsection (c), a holder shall pay to the City an
annual operating authority permit fee for each vehicle authorized in the operating
authority.
(b) A holder may pay the fee in quarterly installments in accordance with the
City's fiscal year. If a holder makes quarterly payments, the first payment is due
immediately on approval of the operating authority and shall be prorated from the month
the operating authority is approved. Subsequent payments are due no later than five
business days before the beginning of the quarter for which the payment is due.
(c) The holder shall pay the fee before placing any ground transportation
service vehicle into service.
(d) If an operating authority is amended to increase the number of ground
transportation service vehicles, the annual fee for each additional vehicle shall be
prorated from the month the amendment is approved.
(e) On a quarterly basis, a holder shall provide to the Director a complete list
of every vehicle operating under the operating authority, and such list shall include the
make, model, license plate, and operator of each vehicle.”
2. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
3. It is the intention of the City Council of the City of Wichita Falls, Texas, that
the provisions of this ordinance shall become a part of the Code of Ordinances of the City
of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or
relettered to accomplish such intention.
4. Should any word, phrase, paragraph, section or portion of this ordinance or
the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance or the Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
PASSED AND APPROVED this the 1st day of November, 2016.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk
Affidavit of Publication
THE STATE OF TEXAS #1343092
COUNTY OF WICHITA
On this 2"d day of November, 2016 AD...
-sonally appeared before me, the undersigned authority
thy Salan, Sales Assistant for the Times Publishing
mpany of Wichita Falls, publishers of the Wichita Falls
nes/Record News, a newspaper published at Wichita Falls in
chita County, Texas, and of general circulation in said
inty, and upon being duly sworn by me, on oath states that
attached advertisement is a true and correct copy of
vertising published in 1 day (1) issues hereof on the
lowing date:
November 2, 2016
Assistant for Times Publipfing Company of Wichita Falls
and sworn to before me this the day and year first above written:
yam
t�iWvugt
BARBARA FOSTER
Notary ID # 130516155
My Commission Expires
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