The regulations of this chapter are adopted for the purposes
of protecting the public health and safety, promoting public convenience
and necessity, and supporting consumer protection in the transportation-for-hire
and transportation network company service industries.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
For the purposes of this chapter the following words and terms
shall have the scope and meaning hereinafter defined and set out in
connection with each:
The Lubbock Preston Smith International Airport.
A motor vehicle that has a manufacturer’s rated seating
capacity of more than fifteen (15) passengers.
Any voluntary sharing of transportation without compensation.
The chief of police of the City of Lubbock or the chief of
police’s designee.
The city manager of the City of Lubbock or the city manager’s
designee.
The city secretary of the City of Lubbock or the city secretary’s
designee.
Any money, service, or other thing of value that is received,
or is to be received, in return for transportation-for-hire or transportation
network company services.
A liability insurance policy that will act as a primary liability
policy in the event that no other applicable primary liability policy
exists or a policy exists but denies coverage.
A vehicle that is not for-hire, is not used to transport
passengers for compensation, and is operated by or for a business
that provides free transportation to customers as an accessory to
the main business activity.
Any communication system that conveys passenger ride requests
to drivers.
To control the physical movements of a vehicle.
An individual who drives or otherwise controls the physical
movements of a vehicle.
An individual; corporation; government or governmental subdivision;
or, agency, trust, partnership, or two (2) or more persons having
a joint or common economic interest.
Any courtesy, transportation-for-hire, or transportation
network company service or vehicle that operates at the airport.
To physically or audibly signal for the use of a transportation-for-hire
vehicle.
A transportation-for-hire vehicle that can be hailed by a
passenger.
Any member of the species Equus Caballus.
A nonmotorized vehicle designed to carry passengers while
being pulled by one or more horses.
Any vehicle designed to transport passengers that is not
powered by a motor, including, but not limited to, a horse-drawn carriage,
or pedicab.
An entity providing transportation-for-hire services.
The permit required for an entity to provide transportation-for-hire
services.
The person paying transportation-for-hire or transportation
network company services.
A device with two (2) or more wheels designed to carry passengers
while being propelled by human power.
A line or sequence of vehicles awaiting their turn to be
attended to or to proceed.
A motor vehicle that has a manufacturer’s rated seating
capacity of not less than seven (7) passengers and not more than fifteen
(15) passengers.
Any street, alley, avenue, boulevard, thoroughfare, roadway,
drive, public way, or highway commonly used for the purpose of public
travel within the city limits.
Any distinctive signage or display on a transportation-for-hire
vehicle when providing services that is sufficient to allow a person
of normal sensibilities to associate the vehicle with a particular
transportation-for-hire service. Acceptable forms of trade dress include,
but are not limited to, magnetic or removable symbols or signs on
vehicle doors, roofs, or grills.
The transportation of passengers for compensation within
the city, with the coordination and payment of such transportation
not being provided through a digital network or website. This term
is not applicable to ambulance transportation, emergency medical transportation,
nonemergency medical transportation, transfer medical transportation,
transportation network company service, or tow truck service in the
city.
Any vehicle used to offer or provide transportation-for-hire
services.
Any entity that uses a digital network or website as the
primary means through which it connects a passenger to a driver for
the transportation of the passenger for compensation. This term is
not applicable to ambulance transportation, emergency medical transportation,
nonemergency medical transportation, transfer medical transportation,
operating authority service, or tow truck service in the city.
The permit required for an entity to provide transportation
network company services.
A motorized device in, upon, or by which any person is or
may be transported upon a public way.
A publicly remotely-accessible data site, digital platform,
or mobile application that provides content in a manner that is accessible
to the public through a digital network.
A vehicle designed or modified to transport passengers in
wheelchairs or other mobility devices and conforming to the requirements
of the Americans with Disabilities Act, as amended.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016; Ordinance 2018-O0117, sec. 4, adopted 9/27/2018)
(a)
This chapter does not apply to the operation of:
(1)
City transportation vehicles or those contracted to perform transportation
services for the city;
(2)
Courtesy vehicles;
(3)
Carpooling;
(4)
A rented vehicle without a driver;
(5)
The transportation of a person by a vehicle licensed by another governmental
entity from a point outside of the city to a destination inside the
city, if the vehicle leaves the city without receiving a passenger
inside the city; or
(6)
A vehicle that is:
(A)
Operated for a funeral home in the performance of funeral services;
(B)
Provided by an employer or employee association for use in transporting
an employee between the employee’s home and the employer’s
place of business or between workstations, with the employee reimbursing
the employer or employee association in an amount calculated only
to offset the reasonable expenses of operating the vehicle;
(C)
Owned and operated by the federal or state government, by a political
subdivision of the state, or by a person under contract with the city
for operation of the vehicle;
(D)
Used to transport children to or from school;
(E)
Operated under state or federal authority unless subject to the city’s
regulatory authority;
(F)
Owned by a nonprofit organization and carrying only passengers associated
with that organization, if no compensation is received from any other
person for carrying the passengers.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
(a)
The city secretary shall enforce this chapter with assistance from
the chief of police.
(b)
The city secretary may adopt procedures to administer this chapter.
(c)
The chief of police may inspect any vehicle providing services under
this chapter to determine whether the vehicle complies with this chapter
and all other applicable law.
(d)
The city manager may adopt procedures to administer and enforce all
aspects of ground transportation service rules and regulations at
the airport.
(e)
The city secretary, with assistance from the chief of police, may
conduct investigations into the operations of ground transportation
services at the airport to determine whether such services comply
with this chapter and other applicable laws.
(f)
The chief of police may perform an audit on the records of any operating
authority or transportation network company to ensure that the provisions
of this chapter are met.
(g)
Upon the receipt of a complaint about any driver providing service
for an operating authority or transportation network company, the
chief of police shall have access to the records held by any operating
authority or transportation network company concerning the driver
that is the source of the complaint.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
(a)
It is the policy of the city to provide and promote adequate and
efficient ground transportation service at the airport for the convenience
of the public. The city manager may promulgate and enforce written
rules and regulations, not inconsistent with this chapter, governing
ground transportation service at the airport as the city manager determines
necessary to manage and provide for the orderly, efficient, and convenient
flow of traffic at the airport.
(b)
All ground transportation service at the airport shall be subject
to all rules and regulations promulgated by the city manager or the
director of the airport.
(c)
An entity commits an offense if it operates a ground transportation
service at the airport without a valid operating authority or transportation
network company permit.
(d)
An entity commits an offense if it operates a ground transportation
service at the airport in such a way that violates this chapter or
any other applicable local, state, or federal law, rule, or regulation.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
All permit fees required under this chapter are nonrefundable
and shall be set forth and established annually in the city’s
budget ordinance. A permit fee shall be tendered to the city secretary
when an application for a permit is made with the city secretary.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
(a)
Any entity may file with the city secretary a complaint or protest
concerning any operating authority, transportation network company,
or any transportation-for-hire or transportation network company driver
or vehicle operating in the city.
(b)
Any complaint or protest submitted to the city secretary under this
chapter shall be in writing and shall be signed by the complainant.
The city secretary shall then notify the chief of police and the named
operating authority, transportation network company, or transportation-for-hire
or transportation network company driver or vehicle of the complaint.
(c)
If, after a complaint or protest is investigated by the city secretary,
with the assistance of the chief of police, the investigation reveals
a violation of this chapter, any city ordinance, or state or federal
law or regulation, then the city secretary shall issue a notice in
the form of a correction order to the operating authority or transportation
network company. Such correction order shall identify the violation,
the date of issuance of the notice, the time period within which the
violation must be corrected, a warning that failure to comply with
the order may result in a penalty, and a statement indicating that
the order may be appealed.
(d)
If the city secretary determines that a violation constitutes an
imminent and serious threat to the public health or safety, the city
secretary shall order the operating authority or driver to correct
the violation immediately, and, if the operating authority or driver
fails to comply, the city secretary shall promptly take or cause to
be taken such action as the city secretary considers necessary to
enforce the order immediately.
(e)
If the operating authority or transportation network company does
not comply with the terms of the correction order, then it may be
subject to the suspension or revocation of its permit and may be subject
to a fine.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
The holder of a permit issued under this chapter may file an
appeal with the permit and license appeal board in accordance with
this code.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
Whenever a permit required under this chapter is suspended,
revoked, or denied, the city secretary may require the surrender by
the permit holder of all evidence of authorization to perform the
services allowed by the permit.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
A vehicle providing services under this chapter may be towed
and impounded if the city secretary or the chief of police determines
that the vehicle is not operating:
(1)
Under an operating authority or transportation network company permit
required by this chapter; or
(2)
With the insurance required by this chapter.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
(a)
An entity commits an offense if it violates or attempts to violate
a provision of this chapter, or a rule or regulation established by
the city secretary or city manager under this chapter, which is applicable
to the entity. An offense of this chapter shall be a class C misdemeanor
punishable by a fine not exceeding such amount as is provided by the
general laws of the state for such offenses. A separate offense is
committed each day in which an offense occurs. A culpable mental state
is not required for the commission of an offense under this chapter
unless the provision defining the conduct expressly requires a culpable
mental state.
(b)
Prosecution for an offense under this section does not prevent the
use of other enforcement remedies or procedures applicable to the
entity charged with or the conduct involved in the offense.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
(a)
An operating authority, transportation network company, or driver
covered under this chapter shall designate and maintain a representative
to receive service of notice required under this chapter.
(b)
Notice required under this chapter:
(1)
May be personally served by the city secretary on an operating authority,
transportation network company, or its designated representative;
(2)
May be personally served or sent by United States Certified Mail,
return receipt requested, to the address, last known to the city secretary,
of the operating authority, transportation network company, driver,
or its designated representative; or
(3)
May be sent by electronic mail, to the electronic mail address, last
known to the city secretary, of the operating authority, transportation
network company, driver, or its designated representative.
(c)
Notice required under this chapter to be given to a person other than an operating authority, transportation network company, driver, or its designated representative, may be served in the manner prescribed by subsection (b).
(d)
Service executed in accordance with this subsection constitutes notice
to the person to whom the notice is addressed. The date of service
for notice that is mailed is three (3) days after the date of mailing.
(Ordinance 2016-O0077, sec. 1, adopted 5/12/2016)
