As used in this article, the following terms shall have the
respective meanings ascribed to them:
The duly appointed chief of the police department or his/her
designee.
The movement of unoccupied taxicabs over the public streets
of the city in search of or soliciting prospective passengers for
hire; except, however, unoccupied taxicabs proceeding to answer a
telephone call for taxicab service from an intended passenger, and
taxicabs returning to a taxi stand, terminal or subterminal by the
most direct route, after having discharged a passenger, to the place
where such taxicab is housed or to the place of discharge of the passenger,
shall not be considered to be cruising.
Any person in actual charge of the operation of a taxicab,
whether as owner, or agent, servant or employee of the owner.
Authority granted by the city authorizing such operator of
a taxicab to engage in the business of transportation by taxicab.
Any person who has the control, direction, maintenance and
the benefit of the collection of revenue derived from the operation
of taxicabs on or over the streets of the city, whether as owner or
otherwise, except “driver” as herein defined.
Any place other than a terminal in which the drivers or chauffeurs
of taxicabs shall receive calls from a dispatcher and such calls are
relayed from a taxi terminal or taxi stand, and which shall likewise
mean and embrace the space and area used by taxicabs while waiting
for passengers.
An automobile or motor-propelled vehicle used for transportation
of passengers for hire over the public streets of the city, and not
over a defined or fixed route, and irrespective of whether the operations
extend beyond the city limits, at rates for distance traveled, or
for waiting time, or for both, or at rates per hour, per week or per
month, which such vehicle is routed to destinations under the direction
of the passenger; provided, however, the term “taxicab”
shall not apply to motor buses operated within the city under a franchise
from the city, over a fixed definite route, nor shall such term apply
to motor buses regularly operated in the city along fixed routes to
and from points outside the city, nor shall such term apply to motor
vehicles operated under a permit or certificate of the railroad commission
of the state or the National Surface Transportation Board.
A machine adapted to automatically calculate, at a predetermined
rate or rates, and to register the charge for hire of a taxicab; and
such charges shall be indicated by means of figures.
The taxi depot at which place the taxicabs shall be housed
or parked, and at which place the telephone calls and requests for
service shall be made, and at which place a dispatcher shall control
the movements of the taxicabs to the points of request for taxicab
service; this term shall likewise be synonymous with taxi terminal
and shall mean and embrace that space and area of land and buildings
off the streets of the city, and upon private property, and shall
be and constitute the main office of the owner and taxicab operator.
Such time as may be consumed or lost at the special instance
and request of a passenger after such passenger has first entered
the taxicab to make a trip and before reaching his final destination,
and no charge shall be made against a passenger for any time lost
on account of any other delay whatsoever.
(Ordinance 99-77, sec. 1, adopted 10/5/99; Ordinance 05-073, sec. 2, adopted 9/20/05; 1978
Code, sec. 29-40)
If at any time any taxicab, which has been regularly licensed
under the provisions of this article, is to be withdrawn or replaced
by another and different motor vehicle, the same may be done after
making written application to the chief of police and securing approval
thereof. Such approval shall be based upon the chief of police having
a complete record of such substitution and being satisfied that all
rules and regulations of this article have been complied with; provided,
upon refusal of the chief of police to approve said application, the
applicant may, within ten (10) days thereafter, appeal in writing
to the city manager (or his designee).
(Ordinance 99-77, sec. 1, adopted 10/5/99; 1978 Code, sec. 29-46)
(a)
Before
any permit shall be granted or renewed under this article, the operator
shall obtain and file with the chief of police a public liability
insurance policy in the standard Texas form covering each automobile
to be operated by such operator of a taxicab with minimum amounts
of liability coverage thereunder as required pursuant to Texas Transportation
Code, section 601.072 (or succeeding statute).
(b)
Such
insurance policy shall be issued by a casualty insurance company authorized
to do business in the state, with an agent within the city, and shall
be for the protection of any member of the public who might be injured
or whose property might be damaged by the operation of such taxicab.
Such policy shall be maintained in full force and effect by the operator
of taxicabs covering each taxicab licensed by a permit under this
article. A copy of such insurance or a certificate evidencing such
insurance shall be provided to the chief of police.
(Ordinance 99-77, sec. 1, adopted 10/5/99; 1978 Code, sec. 29-47)
(a)
Payment required; delinquency causes revocation of permit.
It shall be the duty of every owner of a taxicab that is operated
in the city to pay all ad valorem taxes assessed by the city against
such vehicle and other equipment used in such business, and a failure
to pay such ad valorem taxes before they become delinquent shall operate
as a reason for revocation of the permit issued in accordance with
this article.
(b)
Operation without payment unlawful.
No owner or operator
of a taxicab shall engage in the transportation of persons by taxicab
at any time within the city when the ad valorem taxes assessed against
his taxi terminals, stands, taxicabs or taxicab equipment are delinquent.
(Ordinance 99-77, sec. 1, adopted 10/5/99; 1978 Code, secs. 29-48, 29-49; Ordinance 08-046, sec. 6, adopted 5/27/08)
(a)
Before
any owner or operator of a taxicab allows any of his taxicabs to be
operated upon any street within the city it shall be inspected to
determine whether such vehicle is in a safe condition to be operated
as a taxicab.
(b)
The
inspection of such taxicab shall be made by the chief of police.
(c)
No
taxicab shall be given a permit unless that taxicab has a valid motor
vehicle inspection sticker. Taxicab permits issued to taxicabs shall
be valid only so long as the vehicle has affixed to it a valid motor
vehicle inspection sticker.
(d)
Upon
notifying the owner or operator of such taxicab that it is not in
a safe condition, the same shall not be used as a taxicab until the
defects found are corrected and such taxicab is reinspected and found
that it is in a safe condition by the chief of police, who shall paste
a paper seal of a type and design approved by the chief of police
upon the windshield of such vehicle certifying that the taxicab was
approved by such inspector. No taxicab shall be operated in the city
without such a valid approval seal attached thereto.
(e)
At
no time shall any taxicab that is found to be unsafe by the chief
of police be operated over the streets of the city.
(f)
Nothing
herein, however, shall prevent the city from inspecting any taxicab
at any time and if the city, through its agents or employees, should
find that it is in a defective condition, the chief of police shall
order the use of such taxicab discontinued until the same is approved.
(Ordinance 99-77, sec. 1, adopted 10/5/99; Ordinance 05-073, sec. 5, adopted 9/20/05; 1978
Code, sec. 29-50; Ordinance 08-046, sec. 7, adopted 5/27/08)
(a)
It
shall be unlawful for any person to drive or act as a chauffeur of
a taxicab within the city, without having secured a chauffeur’s
license duly issued to such person by the chief of police.
(b)
Each
applicant for a chauffeur’s license shall be at least eighteen
(18) years of age prior to the filing of his application for a chauffeur’s
license.
(c)
Any
person desiring to drive or act as chauffeur of a taxicab in the city
shall file application for a chauffeur’s license with the chief
of police at the police station on application forms to be furnished
by the chief of police. Such forms shall provide for the applicant’s
name, age, present address, last place of employment, whether the
applicant has been convicted of a violation of a motor vehicle traffic
or criminal law of the city or the state, with a space sufficient
for particulars concerning such violation, if any, and the length
of time the applicant has driven a motor vehicle.
(d)
After
filling in the above-described form, the applicant shall sign same
and shall swear to the truthfulness of the answers made in such application
before a notary public. After such application has been duly sworn
to, the applicant shall present such application to the chief of police
at the police station, together with an affidavit from two (2) reputable
citizens of the city, stating the applicant to be a trustworthy, sober
and reliable person, of good moral character, and that such applicant
is competent to operate a taxicab.
(e)
Upon
receipt of any application for a chauffeur’s license, the chief
of police shall satisfy himself that such applicant is qualified to
operate a taxicab in the city by reviewing the applicant’s driving
record and criminal history. The chief of police will use the criteria
established by sections 53.022 (factors in determining whether conviction
relates to occupation) and 53.023 (additional factors for licensing
authority to consider) of the Texas Occupations Code, to determine
the applicant’s fitness or ability to perform the duties and
obligations of operating a taxi. After the chief of police has examined
the application and has investigated the applicant for his ability
to properly operate a taxicab within the city, he shall either grant
such application or refuse same. If the chief of police refuses any
application, he shall notify the applicant either personally or at
the last address given in such application. The applicant may appeal
from the decision of the chief of police by giving notice in writing
to the city manager (or his designee) within ten (10) days after notification.
In the event such applicant appeals to the city manager (or his designee)
for a license, the city manager (or his designee) shall notify the
applicant of the date the hearing on his application will be heard,
and shall hear the appeal of such applicant for a chauffeur’s
license. After receiving the evidence in connection therewith, the
city manager (or his designee) shall either refuse or approve such
application. In the event the city manager (or his designee) approves
the application, the city manager (or his designee) shall order the
chief of police to issue a license to such applicant.
(f)
If
the application of a person is granted either by the chief of police
or by the city manager (or his designee), the chief of police shall
immediately notify such applicant by letter addressed to such applicant
at the last address shown on the application. Within three (3) business
days after the postmark date of such letter, the applicant shall furnish
the chief of police two (2) recent, true photographs of such applicant,
such photographs to be not less than one and one-half (1-1/2) inches
by one and one-half (1-1/2) inches, nor greater than two (2) inches
by two (2) inches, in size, one of which photographs shall be retained
by the chief of police with the application and affidavits, to be
kept by the chief of police as a permanent record. The other picture
shall be firmly affixed to the license to be issued to the applicant.
The license issued to such person shall be numbered, and shall state
the year for which such license is issued. Such license shall further
state the name, address, age, height, weight and color of eyes and
hair, and state that the party named on such license, whose picture
is shown on the face thereof, is a duly licensed driver of a motor
vehicle in the city, and such license shall further provide a space
for the signature of the licensee, which signature shall be affixed
on the license in the presence of the chief of police at the time
such license is delivered to the licensee. All licenses shall be signed
by the chief of police.
(g)
The
license shall be kept by the licensee under a celluloid cover, while
such licensee is driving or acting as a chauffeur of a taxicab, so
as to be easily seen by all passengers in such vehicle.
(h)
It shall be a violation of this section for any person holding a chauffeur’s license hereunder to fail to have same displayed in the manner stated in subsection (g) at all times in the motor vehicle which he is driving and of which he is acting as chauffeur.
(i)
All
licenses issued by the chief of police under this section shall expire
on the thirty-first day of December of the year in which same are
issued. It shall be a violation of this section to drive a taxicab
with a chauffeur’s license displayed which has expired.
(j)
Any
chauffeur’s license issued by the city under the terms of this
section may be either revoked or suspended by the chief of police
for a violation of the ordinances of the city or the traffic laws
of the state by the holder of such license, and such license may also
be revoked or suspended if the holder thereof is negligent or careless
in the operation of a taxicab. Upon revoking or suspending any license
the chief of police shall notify in writing the licensee whose license
is revoked or suspended, and the chief of police shall immediately
take up such license so revoked or suspended. Within ten (10) days
after revocation or suspension of the license, the party whose license
has been revoked or suspended may appeal to the city manager (or his
designee) for reinstatement. The city manager (or his designee) shall
give the party so appealing a hearing, and after a hearing, shall
either sustain or reverse the action of the chief of police in revoking
or suspending such license. If the action of the chief of police is
sustained by the city manager (or his designee), the revocation or
suspension of such license shall stand. If the action of the chief
of police is reversed, the license shall be returned to such licensee
immediately.
(k)
It
shall be a violation of this section for any person to employ or permit
a person to drive a taxicab owned by such person, who does not have
a valid chauffeur’s license issued by the chief of police for
the current year, and such owner of such a vehicle shall require such
driver to produce a chauffeur’s license issued by the city for
the current year. Upon employing a driver for a taxicab, the person
owning such vehicle, or the agent thereof so employing, shall immediately
notify the chief of police of the name of such driver and the license
number of the license which such driver holds. If a driver of a taxicab
is discharged or otherwise leaves the employ of the person owning
such vehicle, such person shall immediately notify in writing the
chief of police of any dismissal. Upon receipt of such a notice, the
chief of police shall investigate the reasons for such dismissal,
and after completing such investigation may, if he deems it advisable,
revoke or suspend the license of the driver so dismissed. Such licensee
may appeal from the action of the chief of police to the city manager
(or his designee), who shall either sustain or reverse the action
of the chief of police.
(l)
It
shall be a violation of this section for any person owning one or
more taxicabs to keep in his employment for the driving of such vehicle
any person whose license issued by the city has been either revoked
or suspended.
(m)
A licensee may renew his license upon expiration thereof by filing with the chief of police an application for renewal upon forms to be furnished by the chief of police, and shall furnish two (2) recent photographs of himself of the dimensions heretofore set out in subsection (f), and shall furnish a certificate from a physician of the city showing that he is physically capable to safely operate a motor vehicle for hire.
(n)
A
fifteen dollar ($15.00) application fee shall be charged for any chauffeur’s
license or a renewal thereof by the city.
(Ordinance 99-77, sec. 1, adopted 10/5/99; Ordinance 05-073, sec. 6, adopted 9/20/05; 1978
Code, sec. 29-51; Ordinance 11-045, sec. 1, adopted 7/12/11)
(a)
Every
operator of a taxicab shall maintain within the city an off-street
terminal of sufficient size to accommodate all of the owner’s
taxicabs.
(b)
The
form and type of a terminal shall be of such a nature as best meets
public convenience and necessity and affords a safe, sanitary and
lawful operation of transportation by taxicabs. The site, location,
type of proposed buildings and the sanitary conditions of the taxi
stand shall be reflected in an application to the chief of police.
The equipment, site and place of a terminal must be found by the chief
of police or his designee to best meet public convenience and necessity
prior to an authorization to a permit holder to operate such terminal.
An affirmative finding in favor of the applicant reflecting adequate
sufficiency of the place of any off-street terminal shall be considered
as having an established prima facie case thereon, upon its appearing
within the application that the operator of taxicabs is presently
operating for his own exclusive use such off-street terminal now being
operated in the commercial areas of the city.
(Ordinance 99-77, sec. 1, adopted 10/5/99; 1978 Code, sec. 29-56; Ordinance 08-046, sec. 8, adopted 5/27/08)
Every taxicab shall have printed on each side and in the rear
of such taxicab 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. All of the lettering mentioned in this section
shall not be less than two and one-half (2-1/2) inches in height and
not less than five-sixteenths (5/16) of an inch in stroke and such
paint shall be either enamel or oil paint that will weather the elements,
and shall be kept legible at all times.
(Ordinance 99-77, sec. 1, adopted 10/5/99; 1978 Code, sec. 29-57)
No driver or owner of any taxicab, licensed under the provisions
of this article, shall permit or allow more passengers than the vehicle
is rated to carry in such taxicab; and in no event shall more than
two (2) persons, in addition to the driver, be permitted to ride in
the front seat of such taxicab, and then only if the number of passengers
makes it necessary.
(Ordinance 99-77, sec. 1, adopted 10/5/99; 1978 Code, sec. 29-58; Ordinance 08-046, sec. 9, adopted 5/27/08)
No taxicab driver shall permit any other person to occupy or
ride in such taxicab except a passenger for hire or an employee of
the taxicab service by whom the driver is employed. Unless the person
first employing the taxicab shall consent, no additional passengers
shall be picked up or permitted to ride in a taxicab on the same trip.
(Ordinance 99-77, sec. 1, adopted 10/5/99; 1978 Code, sec. 29-59)
It shall be unlawful for the driver of any taxicab to be in
charge of the same continuously for more than twelve (12) hours, and
no owner of any taxicab shall permit any driver of any taxicab to
be on continuous duty, as a driver, for a greater period than twelve
(12) hours.
(Ordinance 99-77, sec. 1, adopted 10/5/99; 1978 Code, sec. 29-60)
No driver shall cruise at any time, and whenever a taxicab is
unoccupied the driver shall proceed at once by the most direct route
to the garage where the vehicle is housed or to the nearest stand;
or if dispatched by radio, it shall proceed at once by the most direct
route to the place directed by the radio dispatcher.
(Ordinance 99-77, sec. 1, adopted 10/5/99; 1978 Code, sec. 29-61)
(a)
It
shall be unlawful for any person to speak or to call out in a loud
manner “taxicab,” “automobile for hire,” “hack,”
“carriage,” “bus,” “baggage,”
or “hotel,” or in any manner attempt to solicit passengers
at any passenger depot or upon any passenger depot platform, grounds
or premises of any public carrier, or upon any sidewalk or street
in front of any passenger depot of any public carrier within the city.
(b)
It
shall be unlawful for any driver or operator of any taxicab or for
any other person to seek or solicit patrons or passengers for any
such taxicab by word or by sign, directly or indirectly, while driving
any taxicab over, through, or on any public street or public place
of the city, or while same is parked on any public street or alley
of the city, or to repeatedly or persistently drive any taxicab through,
over, or on any public street or place of the city, except in response
to calls by patrons for such taxicab or while actually transporting
passengers therein.
(Ordinance 99-77, sec. 1, adopted 10/5/99; 1978 Code, secs. 29-62, 29-63)
(a)
All
drivers of taxicabs shall promptly deliver to the police department
all property left in such vehicles by passengers.
(b)
When
articles left in taxicabs have been delivered to the office of the
chief of police, he shall make an entry of the fact and shall keep
all such articles until claimed by the owner, or disposed of as authorized
by statute.
(Ordinance 99-77, sec. 1, adopted 10/5/99; 1978 Code, sec. 29-64)
