Conduct a taxicab business.
The use of one (1) or more taxicabs within the corporate
limits of the city, by the owner thereof, for the purpose of carrying
passengers for hire, either by driving the same himself or having
the same driven by some other person qualified under this article.
Permittee.
The person, partnership, corporation or other legal entity
to whom the permit has been duly issued by the city.
Public convenience and necessity.
A public convenience which is fitting and suited to public
need, and a public necessity. In determining whether public convenience
and necessity require the issuance of the taxicab permit to the applicant,
the city council shall take into consideration:
(1)
The financial responsibility of the applicant.
(3)
Number of vehicles to be operated.
(4)
Make, model, type and ownership of the vehicle or vehicles to
be used.
(6)
The effect of additional vehicles upon the traffic congestion,
vehicular and pedestrian alike.
(7)
Whether ad valorem and other taxes have been paid when due.
(8)
Whether the applicant proposes to own, rent or lease from another
the vehicles to be used in operating such taxicab service.
(9)
The make, model and type of taximeter, stool light and radio
to be used.
(10)
The total number of taxicab permits in operation and the number
of taxicabs actually operating within the city limits.
(11)
Whether the requirements of public convenience and necessity
can be met and complied with only by the issuance of additional permits.
(12)
The resulting effect upon the business of existing permit holders
and upon existing agencies of mass transportation in the city.
(13)
Any other facts the city council may deem relevant.
Taxicab.
Every automobile or motor-propelled vehicle used for the
transportation of passengers for hire, whether or not such vehicle
is identified as a taxicab as set forth herein, with the exceptions
listed in this article, over the public streets of the city, whether
or not the operation extends beyond the city limits. The term “taxicab”
shall not apply to limousines, school buses, emergency vehicles or
sightseeing autos or buses that operate under a permit, franchise,
or license issued to and regulated by the city or other regulatory
authorities, and provided further that said term shall not apply to
limousines which are chartered, hired or provided in connection with
funeral services.
(1999 Code, sec. 4.521)
Any person who fails or refuses to comply with the terms and provisions of this article shall be guilty of an offense, and upon conviction thereof such a person shall be fined in an amount as provided for in the general penalty provision found in section
1.01.009 of this code. Each violation shall constitute a separate offense and be punishable as such.
(1999 Code, sec. 4.525)
Reference is hereby made to article
XI of the city charter, which is incorporated herein by reference as though copied word for word, and if it is determined that the city charter is in conflict with any language contained herein, the city charter shall be controlling.
(1999 Code, sec. 4.524)
No driver or permittee shall drive or cause to be driven any
taxicab upon the streets of the city that is more than four (4) years
old. For purposes of this article, a taxicab will be considered to
be four (4) years old on the thirtieth (30th) day of June of the fourth
year following the manufacturer's model year of the vehicle, regardless
of the purchase date or the date it was originally placed into service.
(1999 Code, sec. 4.523(b))
(a) The
term “driver” or “taxicab driver” shall mean
any person duly licensed by the state who has registered as a taxicab
driver with the city as required and has been duly employed to drive
a taxicab by the holder of a taxicab franchise, or has entered into
a written agreement for use of a taxicab with the holder of a taxicab
franchise, in accordance with the requirements of this article. Such
written agreement shall be signed by the franchise holder and the
driver on a photostatically reproduced copy of the signed agreement
placed on file with the city secretary. Such agreement shall provide
that the holder assume full responsibility for compliance with the
franchise, state laws, city ordinances and the city charter by the
driver while in the course of operating a taxicab within the city.
The agreement shall also contain the holder's covenant to indemnify
and hold the city harmless from any claim or cause the action against
the city arising from conduct of the driver or operation of the taxicab.
(b) Every taxicab driver shall, before operating in the city, furnish his name, address, and driver's license number to the city police chief, who shall maintain a record of all such persons. In lieu of such registration with the city police chief, [a person having] a driver's license to operate a taxicab in the City of Houston may without further notice operate a permitted taxicab in the city. It shall be unlawful for any person to drive a taxicab on any fare originating inside the city without first having registered with the city police chief or obtaining a taxicab driver's license from the City of Houston. Any person convicted of violating any condition of this article shall be fined as provided for in the general penalty provision found in section
1.01.009 of this code.
(1999 Code, sec. 4.517(a))
(a) It
shall be the duty of every taxicab driver to be hygienically clean,
well-groomed, neat and suitably dressed in compliance with all applicable
requirements of this article at all times while a taxicab is in his
or her custody.
(b) Male
drivers shall be clean-shaven and hair shall be neatly trimmed. If
a beard or mustache is worn, it shall be well-groomed and neatly trimmed
at all times in order not to present a ragged appearance.
(c) The
term “suitably dressed” shall be interpreted to mean the
driver, if male, shall wear trousers, a shirt with collar, with or
without a tie, shoes and, if desired, appropriate outer garments.
(d) The
term “suitably dressed” shall be interpreted to mean the
driver, if female, shall wear skirts, trousers, slacks, a shirt with
collar or a blouse, shoes, and, if desired, appropriate outer garments.
(e) Clothing
that is not considered appropriate and is not permitted when the driver,
male or female, is in charge of a licensed taxicab includes: T-shirts,
underwear, tank tops, body shirts, swim wear, jogging suits, or similar
types of attire when worn as an outer garment, shorts or trunks (jogging
or bathing) or sandals.
(1999 Code, sec. 4.517(b))
It shall be unlawful for any person to drive a taxicab within
the city unless he is duly licensed by the state, having this license
on his person at all times while operating a taxicab.
(1999 Code, sec. 4.518)
It shall be unlawful for any person owning, operating, driving
or in charge of a taxicab to operate or drive such taxicab unless
a taximeter is used in determining the fare to be charged, and no
other or different fare shall be charged than the fare recorded on
the reading face of such taximeter for such trip and no other rates
or methods of measuring the distance or time charges shall be allowed
except as expressly permitted by this article.
(1999 Code, sec. 4.520)
All drivers of taxicabs shall promptly deliver to the police
department of the city, or to their employers, all property left in
such vehicles by passengers. If a driver delivers such articles to
his employer, the latter shall deliver them to the police department.
When articles left in taxicabs have been delivered to the office of
the chief of police, he shall make an entry of the fact in a book
provided for that purpose and shall keep all such articles until claimed
by the owner, or as the city council may authorize. However, the taxicab
company shall not be held liable for lost articles or articles left
in the taxicab.
(1999 Code, sec. 4.522)
It shall be unlawful to carry more than five (5) passengers
in any taxicab, and in no event shall more than two (2) passengers
ride in the front seat with the driver.
(1999 Code, sec. 4.523(a))
Any passenger who engages the service of a taxicab shall have
the exclusive right to the passenger compartment of the taxicab, and
it shall be unlawful for a taxicab driver or permittee to carry additional
passengers unless specific permission is obtained from the passenger
who engaged the taxicab originally.
(1999 Code, sec. 4.523(c))