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:
Limousine.
Any chauffeured motor vehicle for general passenger use with
a rated passenger capacity of not more than 15 passengers and which
operates on a prearranged appointment basis only whereby such prearrangement
is made not less than 1 hour in advance of the time transportation
is to begin. At no time shall such vehicle operate on a call-and-demand
basis as a taxicab.
Taxicab.
A chauffeured motor vehicle having a rated passenger capacity
of 8 or less which typically operates on irregular routes and schedules
and on a call-and-demand basis. The term shall not apply to motor
vehicles operating under a license or certificate of the railroad
commission of the state or the Interstate Commerce Commission nor
to a limousine.
Vehicle service for hire.
Any motor or other vehicle operated within the city for the
purpose of carrying passengers for hire from within the city, except
motor buses operating on fixed routes as specified in this article,
specially chartered buses and driverless vehicles (rental cars). The
term “vehicles for hire” includes limousine and taxicab,
as defined. The term specifically excludes demand services by public
entities relative to providing transportation for senior citizens
and disabled persons.
(Ordinance O-24-08 adopted 9/2/08)
(a) The
operation of vehicles for hire shall be subject to the regulations
set forth in this article and it shall be unlawful to operate or cause
to be operated from within the city any vehicle for hire unless a
license therefor shall have been issued to the owner or operator thereof
in accordance with the regulations prescribed in this article. Provided,
however, the owner or operator of an existing, approved vehicle for
hire service required to obtain a license as herein provided shall
file an application for license on or before the 90th day after passage
of this article, or _____, 2008.
(b) Further,
this article does not apply to a vehicle that is:
(1) Used to transport a person from a point of origination outside the
city to a destination inside the city (including a round-trip transport),
so long as the vehicle leaves the city without receiving a different
passenger from inside the city;
(2) Owned and operated by the federal or state government, or by a political
subdivision of the state; or
(3) Used in a carpool to transport the person and others on a prearranged
basis between their homes and places of employment or places of common
destination, if only a fee calculated to reasonably cover expenses
is charged.
(Ordinance O-24-08 adopted 9/2/08)
(a) Every
person, entity or business desiring to own or operate a vehicle for
hire, or operate a business for vehicles for hire, shall file with
the city secretary a written application signed by such applicant
and stating:
(1) The name of the owner of the business and/or owner of the vehicle
for hire if different than the business owner:
(A) If the owner is a person, the mailing address, physical address,
work telephone number, home telephone number, driver’s license
number, and state of issuance of such driver’s license;
(B) If the owner is a partnership, the name of all partners, the principal
business address and telephone number of each partner;
(C) If the owner is a corporation, the state of incorporation, the name
and address of the registered agent, the names of all officers, and
the contact information of any local office of such corporation.
(2) Name, place of residence, sex, age, customary occupation; the name
of any other person, firm or corporation who owns any interest in
the business; and the name of the person, firm or corporation that
owns any title or interest in any vehicle used in the business.
(3) The year, make and model of each vehicle proposed to be used.
(4) If applicable, the address and description of the stand at which
taxicabs will remain while not in actual service.
(5) Binder or policy for commercial liability insurance in the single
limit amount of $300,000.00 bodily injury and property damage.
(6) The experience of the applicant in the business and a statement of
proposed rates.
(7) It shall be the responsibility of the applicant to prove to the council
in writing that public convenience and necessity for an additional
taxicab service or vehicle service for hire exists.
(8) A copy of a current, valid Texas driver’s license of every
operator of every taxicab or vehicle service for hire that operates
within the city limits.
(9) Signature of the applicant verifying information submitted for government
approval and shall be considered a government document.
(b) A
new application or amendment shall be filed promptly if and when any
changes have occurred in the information then on file with the city
and set forth on the license application.
(c) As
to taxicabs only, before the city secretary shall issue a license,
a certificate declaring that public convenience and necessity require
the issuance of such license shall first be obtained from the city
manager. The number of taxicabs authorized to operate in the city
and for which certificate of public convenience and necessity may
be issued under this article shall be based upon the public convenience
and necessity as found and determined by the city manager.
(d) A
license issued under this article shall be nonassignable. A license
issued under this article may be revoked by the city council at any
time it shall appear to council that the licensee has violated any
provision of this article, or for other good cause.
(e) No
license shall be issued under this article unless and until the applicant
has furnished copies of such insurance policies. Such policy shall
contain a provision that the city shall be given at least 30 days’
prior written notice of cancellation, nonrenewal or material change
of the required insurance coverage. This action shall be evidenced
by registered or certified mail.
(f) The
owner or operator of each taxicab or vehicle service for hire shall
post in a conspicuous place on the inside of each vehicle a card showing
the rates charged and the owner or operator may not charge an amount
in excess of the rates so displayed. Such rates shall correspond with
the rates furnished to the city secretary annually.
(Ordinance O-24-08 adopted 9/2/08)
(a) At
the time of original issuance of a license, the licensee shall pay
to the city secretary the sum of $25.00, regardless of the number
of vehicles covered by the license; provided that no license fee or
license renewal fee is required for a license covering only a vehicle
service for hire that has been licensed by the state railroad commission
or by the United States Department of Transportation.
(b) A
license shall be valid for one year.
(c) Thereafter,
the licensee shall renew such license, each year, by:
(1) Paying $25.00 for the renewal, subject to the exemption from fees referenced in subsection
(a) of this section.
(2) Furnishing the city copies of the insurance policies required under
this article with 30-day prior written cancellation/change notice.
(3) As to taxicabs only, furnishing the city a statement of rates, unless
the city council has adopted a rate schedule by ordinance applicable
to all taxicabs in the city.
(4) Valid Texas driver’s license of all operators of any vehicle
service for hire.
(d) Fees
for city permits, open stands and other fees shall be established
by resolution of the city council.
(Ordinance O-24-08 adopted 9/2/08)
(a) The
owner or driver of a vehicle for hire shall obtain a decal, indicating
the vehicle’s authority to operate, from the city. Such decal
shall indicate a period of time in which the taxicab is authorized
to operate within the city. A decal must be attached to the lower
right corner of the front windshield of the vehicle.
(b) A
decal assigned to one person is not transferable to another without
prior written consent of the city.
(c) City identification card.
Each operator shall obtain
a city identification card prior to operation of a vehicle for hire.
(Ordinance O-24-08 adopted 9/2/08)
(a) Each
vehicle for hire shall comply with all equipment and safety standards
contained in applicable state or local law. No vehicle for hire shall
be operated with more passengers than the manufacturer’s recommendations
for the maximum number of occupants.
(b) Each
vehicle for hire shall be regularly maintained in good operating condition
and such maintenance records shall be business records subject to
inspection by the city.
(c) Each
vehicle for hire shall be inspected and registered and display current
inspection and registration certificates as required by applicable
state law.
(Ordinance O-24-08 adopted 9/2/08)
(a) The
city shall not be liable to any person whatsoever for damages arising
out of the operation or ownership of any vehicle for hire, or arising
out of the enforcement, or lack of enforcement, of this article.
(b) The
regulation of vehicles for hire is a governmental function.
(c) The
owner and operator of every vehicle for hire business operated on
the streets of the city, whether licensed under this article or not,
shall indemnify and save the city harmless from all liabilities arising
out of the ownership or operation of any such vehicles, even though
it be alleged, or even proved, that city negligence caused (in whole
or in part) such liability. This subsection is a part of every license
whether stated therein or not.
(Ordinance O-24-08 adopted 9/2/08)
(a) If
any of the representations in any application filed under this article
are found to be false or fraudulent, such application may be refused.
(b) The
city council shall have and hereby reserves the right to determine
whether additional vehicle for hire service is required for efficiently
and properly meeting and serving public interests and necessity in
the city, and without other cause existing, to refuse any application
filed unless the council decides that the granting of same will serve
public convenience and necessity.
(c) The
city council may revoke or refuse to grant a license where the license
holder has committed numerous offenses under this article such that
the continued operation of the business is not in the best interest
of the safety and welfare of the citizens of the city. In such event,
the city council shall provide a written statement of the reasons
for the revocation or refusal to grant or renew a license.
(Ordinance O-24-08 adopted 9/2/08)
(a) No
license issued under the terms of this article shall be transferred
to any other person, nor shall such license be used for the operation
of any vehicle for hire except the vehicle(s) for hire for which the
license is issued; provided, however, that in the event a vehicle
for hire becomes disabled or is withdrawn from service for repairs,
another vehicle may be substituted for such disabled vehicle only
until same is repaired.
(b) No
vehicle for hire for which a license has been issued under this article
shall be operated by anyone except the licensee thereof or an employee
of the licensee.
(Ordinance O-24-08 adopted 9/2/08)
Before the city shall issue any license under this article,
or before any renewal of such license shall be granted, an applicant
shall file with the city secretary and thereafter maintain in full
force and effect, a policy of commercial liability and property damage
insurance executed by an insurance company duly authorized to do business
in the state and performable in the county, insuring the public against
any loss or damage that may result to any person or property from
the operation of such vehicle or vehicles in the minimum single limit
amount of $300,000.00.
(Ordinance O-24-08 adopted 9/2/08)
(a) It
shall be unlawful to falsify or omit any material information on the
license application. The license application is a government record
and as such, falsification, tampering, and other offenses may be prosecuted
as provided by state law.
(b) It
shall be unlawful to operate a vehicle service for hire or taxicab
without a current and valid decal for such vehicle.
(c) It
shall be unlawful to fail to update any material information on the
license application upon renewal.
(d) It
shall be unlawful to fail or refuse to provide business records during
regular business hours upon reasonable request.
(e) It
shall be unlawful to assign or transfer the license.
(f) It
shall be unlawful to fail to comply with applicable federal, state
and local laws, regulations or ordinances that apply to the use and
operation of vehicle service for hire or taxicabs.
(g) It
shall be unlawful for any person, entity or business advertising its
services to own or operate a vehicle or vehicles for hire on any of
the streets of the city unless a license for such vehicle or vehicles
has been issued by the city for the current calendar year.
(h) It
shall be unlawful for the license holder to license or allow an unlicensed
driver to operate a vehicle service for hire or taxicab.
(i) A
person commits an offense if he:
(1) Operates a vehicle for hire with an expired decal or with no decal
affixed to it;
(2) Attaches a decal to a vehicle not authorized to operate as a vehicle
for hire;
(3) Forges, alters, or counterfeits a vehicle for hire decal required
by this section;
(4) Possesses a forged, altered, or counterfeited vehicle for hire decal
required by this article;
(5) Displays more than one vehicle for hire decal issued by the city
on a vehicle at the same time; or
(6) Fails to display upon demand the city-issued identification card
for operators of vehicles for hire.
(Ordinance O-24-08 adopted 9/2/08)
(a) A
person who violates a provision of this article, or who fails to perform
an act required by this article, commits a misdemeanor offense. A
person commits a separate offense each day or portion of a day during
which a violation is committed, permitted, or continued.
(b) Each
and every charge made, each and every trip made upon the street of
this city, and answering a call or carrying a person not authorized
by a vehicle for hire license shall constitute a separate offense
(c) An
offense under this article is punishable by a fine not to exceed five
hundred dollars ($500.00).
(d) Allegation
and evidence of a culpable mental state is not required for proof
of an offense defined by this article.
(Ordinance O-24-08 adopted 9/2/08)