For the purpose of this article, the following definition shall
apply unless the context clearly indicates or requires a different
meaning.
Any motor vehicle used for the transportation of passengers
for hire from point to point within the city, but shall not include
any bus or other motor vehicle engaged in the transportation of passengers
from town to town, nor shall such term include motor vehicles and
buses run on a regular schedule over an established route.
(1995 Code of Ordinances, Title XI, Chapter 113,
Section 113.01)
There is levied and assessed and ordered to be collected for
the general fund of the city an annual license fee for the calendar
year on all persons operating taxicabs within the city as stated in
the master rate and fee schedule for each and every taxicab operated
by such person.
(Ordinance 2021-24 adopted 9/9/21)
In the event an application for a license to operate a taxicab
within the city shall be made after January 1 during any year, only
the pro rata part of annual license tax levied by this article shall
be collected as the period of time between the date of such application
and the end of the calendar year bears to the calendar year.
(1995 Code of Ordinances, Title XI, Chapter 113,
Section 113.03)
(a)
Minimum
requirements.
The applicant must obtain, and keep in
full force and effect, a policy of public liability and property damage
insurance issued by a casualty insurance company authorized to do
business in the state, in the standard form required pursuant to the
laws of the state. The amount of recovery on each such vehicle shall
be in limits of not less than the following:
(b)
Policy
cancellation.
Such policy shall provide for notice to
the city prior to cancellation, and should such policy be canceled
during the term of the license, such license shall automatically terminate
therewith.
(Ordinance 2014-6 adopted 2/4/14)
Holders of annual permits to operate carriage services and drivers
of horse-drawn carriages shall be governed by the provisions of this
article.
(Ordinance 2017-25 adopted 12/5/17)
(a)
It shall
be unlawful to operate a horse-drawn carriage or other touring vehicle
employing the use of draft animals for locomotion without first being
issued a city carriage permit. The city secretary shall issue a carriage
permit only if the following requirements have been satisfied:
(1)
The
proposed route of the service does not operate on any hike-and-bike
trail or footpath within the city.
(2)
The
carriages and equipment proposed to be used in the service are in
safe and presentable condition.
(3)
The
applicant has agreed to operate only on a schedule and route and over
the designated traffic lanes approved by the city’s police department
and to park said carriages or vehicles only at such locations approved
by the city’s police department.
(4)
The
carriage wheels shall have all steel or iron outer rims adequately
sheathed in rubber or other synthetic material to prevent damages
to the street pavement.
(5)
Documentation
of current rabies vaccination shall be on file with the city secretary
at all times.
(6)
All
horseshoes used shall be of a type approved by the city’s police
department.
(7)
The
applicant has agreed to maintain all barns, stables, or other housing
for horses and carriages in a safe and sanitary condition, and has
agreed to permit the city to inspect such facilities at any time.
(8)
The
applicant has agreed to keep all carriage routes clear and free of
animal void and excrement and to maintain all permitted stands in
a clean and sanitary matter. Each animal shall wear a bag capable
of holding animal feces or in the alternative, the carriage shall
be equipped with a shovel and receptacle and the carriage driver shall
promptly remove all feces from the ground.
(9)
The
applicant has agreed to post the fares for each ride or trip so that
they are visible to the public. This section shall not apply to the
exclusive, one-time rental of the carriage by a party by separate
agreement, entered into more than 24 hours prior to such trip.
(10)
Lanterns
shall be affixed to either side of the carriage and must be illuminated
after dusk in addition to the “slow moving vehicle” markings
required by the Transportation Code.
(11)
The
applicant has agreed that in order to protect the health and well-being
of each animal employed in this service, the applicant shall specifically
covenant and agree:
(A)
Each animal shall be inspected and certified as to its good health
annually by a permitted veterinarian. The applicant will provide the
city with Coggins paperwork, showing a negative result, upon request.
(B)
No animal shall be worked longer than four continuous hours without
feeding and rest.
(C)
Each animal shall be provided water at each carriage stand.
(D)
Animals shall not be whipped unless necessary for the safety of the
animal or carriage passengers.
(E)
Animals shall not be overworked.
(F)
Each animal shall be provided with its own custom fit harness.
(G)
No animal with an open sore or wound, or any animal which is lame
or has any other ailment shall be worked without specific written
authorization from a veterinarian that such work will not endanger
the health or well-being of the animal.
(H)
Each animal shall be groomed daily.
(I)
No animal shall be allowed to pull more than seven people, including
the driver.
(J)
No animal shall be worked during time when the combined temperature
and humidity index exceeds a numerical value of 150.
(12)
The
applicant has paid a nonrefundable permit fee as stated in the master
rate and fee schedule per carriage to defray the expense of carrying
out the provisions of this article.
(13)
The
application shall include a sworn statement by the applicant that
all information provided in the application is true and correct and
shall further state that the applicant has conducted the annual background
check required by this chapter for each driver authorized to operate
a horse-drawn carriage on their behalf.
(b)
Upon finding
that the applicant meets the qualifications stated herein, the city
secretary shall issue the carriage permit. The permit expires at the
end of the calendar year, unless the application is for a new permit
and is filed after September 30th, in which case it is valid through
the end of the following calendar year.
(c)
A driver
of a horse-drawn carriage must be at least 16 years of age and possess
a valid driver’s license for motor vehicles.
(Ordinance 2017-25 adopted 12/5/17; Ordinance 2021-24 adopted 9/9/21)
(a)
Any applicant
for a carriage permit under this article shall, before the permit
can be issued, deliver to the city secretary a certificate of insurance
reflecting insurance coverage as herein prescribed. Said applicant
shall keep in full force and effect during the term of the carriage
permit a policy of public liability insurance, issued by an insurance
company fully authorized to do business in this state and performable
in this county, ensuring the public against any loss or damage that
may result to any person or property from the operation of such vehicle
or vehicles.
(b)
General
liability insurance shall be maintained in the amount of combined
single limit of not less than $500,000.00 per occurrence, with an
aggregate amount of not less than $1,000,000.00, covering property
damage, bodily injury and personal injury; to secure payment of all
lawful and proper claims arising out of the operations of the vehicle
for hire service authorized hereunder. The permit holder shall continually
maintain insurance coverage during the term of the permit. If insurance
lapses, is cancelled, or is non-renewed and evidence of new insurance
is not provided before the cancellation date, the permit shall be
automatically revoked.
(Ordinance 2017-25 adopted 12/5/17)
Operation of a carriage permit shall be conditioned upon continued
compliance by the permittee with each of the requirements of this
article. The city’s police department is hereby authorized and
empowered to revoke or suspend any permit issued hereunder upon a
finding that any carriage permit holder has violated any of the provisions
of this article. Such revocation or suspension shall take effect upon
delivery of written notice thereof to the carriage permit holder,
with such delivery being made in person or by certified mail through
the United States Postal Service; provided, however, that the carriage
permit holder shall have the right to appeal to the city council,
from any such action of the city’s police department by delivering
such appeal to the city secretary, with a copy delivered to the city’s
police department, not more than five (5) business days after receiving
notice of revocation or suspension. In the event the carriage permit
holder shall fail to deliver such notice to the city secretary within
the time prescribed, the action of the city’s police department
in revoking or suspending the permit shall be final. If the carriage
permit holder timely delivers the notice to the city secretary, the
city council shall hear the appeal at the next regularly scheduled
meeting of the city council after the filing of the notice of appeal
with the city secretary.
(Ordinance 2017-25 adopted 12/5/17)
