Editor’s note(s)—Ord. No. 9577, §§ 1—9, adopted June 28, 2016, amended Chapter 6 in its entirety to read as herein set out. Former Chapter 6, §§ 5-6-1—5-6-9, pertained to similar subject matter, and derived from Ord. No. 7736, § 1, adopted May 26, 1998; Ord. No. 7779, §§ 1—3, adopted Oct. 13, 1998; Ord. No. 7925, §§ 1, 2, adopted March 28, 2000; Ord. No. 7958, § 1, adopted Aug. 8, 2000; Ord. No. 7991, adopted Dec. 12, 2000; Ord. No. 8645, §§ 1—9, adopted June 10, 2008.
Unless otherwise indicated by the context, the following terms
used in this chapter shall be held to have the meaning as herein defined:
(A)
Cruise
or cruising:
The movement of unoccupied taxicabs over
the public streets of the City in search of prospective passengers
for hire; except, however, unoccupied taxicabs proceeding to answer
a telephone call for taxicab service from an intending passenger,
and taxicabs running by the most direct route, after having discharged
a passenger, to the garage where such taxicab is housed or to the
unoccupied taxicab stand nearest the place of discharge of the passenger
or passengers, or to a bar, club, or retail establishment that will
allow the standing of taxicabs on private property, shall not be considered
to be cruising.
(B)
Driver:
Any person who is actually driving a taxicab, limousine, or
contract carrier vehicle while the vehicle is being used to deliver
or pick up passengers, or is stopped and waiting to pick up passengers,
whether as owner or agent, servant or employee of the owner.
(C)
Owner:
Any person who has any control or direction over a driver who
is operating a taxicab, limousine, or contract carrier and receives
over the operation of a transportation for hire business or derives
the benefit of the collection of revenue derived from the operation
of vehicles transporting persons for hire on or over the streets or
public ways of the City, whether as owner, or otherwise, and who appears
as the owner of the vehicle on the registration and title of the vehicle,
and is the person whose name appears on the operating certificate.
(D)
Person:
Shall include both singular and plural and shall mean a person,
firm, corporation, association, partnership, society or trustee, trustees,
receiver or receivers thereof.
(E)
Public
stand:
Any place on a public street that is being generally
appropriated and used by a taxicab, when not engaged in the transportation
of passengers, for the purpose of awaiting public or private patronage.
(F)
Street:
Any street, avenue, alley, highway, square or park within the
City limits.
(G)
Taxicab:
Every automobile or motor propelled vehicle used for the transportation
by a driver of passengers for hire over the public streets of the
City and irrespective of whether or not the operations extend beyond
the incorporated limits of the City at rates for distance traveled,
or for waiting time, or both, or at rates per hour, per week or per
month; provided, however, the term "taxicab" shall not apply to:
1.
Motorbuses
or limousines operated within the incorporated limits of the City
under a franchise or permit from the City over a fixed or defined
route;
2.
Motorbuses
or limousines regularly operated over a fixed and defined route in
the City to or from points outside the limits of the City;
3.
Ambulances
that are permitted and regulated by the state department of health;
or
4.
Vehicles
operated exclusively as contract carriers.
(H)
Limousine:
Any motor vehicle, with a driver, that is not equipped with
a meter or device calculating the distance traveled or waiting time
and that is engaged in the business of carrying passengers who control
what the route will be and destination and who are charged based on
the length of time the motor vehicle is engaged or by fixed rate schedule.
The term "limousine" shall not include:
(I)
Contract
carriers:
Carriers who transport persons for hire under
the provision of a contract but do not publicly advertise themselves
as a carrier and are not open to the solicitation of rides from individuals
not covered by a contract.
(J)
Motorbus:
Any vehicle, other than a passenger car, used to transport persons
for compensation exclusively within the limits of a municipality or
the suburban additions to the municipality, including airports. This
term does not include over the road carriers, charter buses, or interstate
buses.
(K)
Shuttle:
Any chauffeured vehicle, other than a passenger car, with a
minimum passenger capacity of five or more persons used to transport
persons for compensation exclusively within the limits of a municipality
or the suburban additions to the municipality, including the Midland
International Air and Space Port. The operator shall provide transportation
services seven days a week, as required to take any passenger desiring
transportation to and from all scheduled airline flights at Midland
International Air and Space Port.
(Ordinance 9577, sec. 1, adopted 6/28/2016)
(A)
Operating
certificate required.
It shall be unlawful for any person
to knowingly operate a taxicab, limousine, or motorbus service, or
permit such operation within the City without having first obtained
an operating certificate required by this chapter.
(B)
Grant
of operating certificate.
No operating certificate shall
be granted except when the same shall be authorized by resolution
passed by the Council after compliance by the applicant with the provisions
of this chapter; provided, that no operating certificate shall ever
be granted unless the Council finds a public necessity exists for
the service and that the applicant is, in the opinion of the Council,
capable of rendering such service. No application shall be considered
by the City Council until it has been on file with the City Secretary
at least 15 days prior to the City Council meeting at which it is
to be considered.
(C)
Application
for operating certificate.
Any person who is desiring
to obtain an operating certificate to operate a taxicab business,
limousine, or motorbus service in the City shall file a written, verified
application directed to the Council with the city secretary, with
a copy to the Chief of Police, setting forth full and complete information
on the following matters:
1.
The
full name and permanent residence and mailing address of the applicant.
If a partnership, then such information shall be given on all partners
and persons having an interest in the business. If a corporation,
the name and location of its principal place of business, the name
and address of all the officers, directors and all stockholders in
the corporation;
2.
The
current occupation of all persons having an interest in the taxicab
business;
3.
A financial
statement of applicant. The same shall be furnished on each partner
and if a corporation, the same shall reflect the financial status
of the corporation;
4.
A complete
statement of the assets going into the taxicab business, limousine
service, or motorbus service, for which the application is being made
together with full information on liabilities existing against such
assets;
5.
The
address and description of the contemplated headquarters of the taxicab
company, limousine service, or motorbus service, and the location
and description of other taxicab stands to be put into operation;
6.
The
trade name of the taxicab operation, limousine service, or motorbus
service;
7.
Corporate
applicants must supply a copy of their corporate charter or a copy
of the corporation's certificate from the Texas Secretary of State
indicating the corporations authority to conduct business in the state;
8.
An experience
record of applicant related to operation of a taxicab or other commercial
transportation;
9.
Whether
applicant operates or has an interest in any taxicab business, limousine
service, or motorbus service anywhere other than Midland and complete
information concerning the same;
10.
Previous
arrests and/or convictions for misdemeanor or felony offenses, including
the nature of the offense, the date of arrest, and the jurisdiction
in which the arrest occurred;
11.
All information which is required of an applicant for a city chauffeur's license pursuant to Subsection 5-6-5(D), whether or not the applicant for the operating certificate intends to drive a taxicab, limousine, or motorbus;
12.
The
applicant shall submit a plan outlining the applicant's program for
the random testing of its employees to determine if any of the employees
are using illegal drugs. The plan must include, at a minimum, that
50 percent of the employees of the applicant and that 50 percent of
the contract drivers be tested at least once each year. The cost of
this program shall be the total responsibility of the applicant. Proof
of compliance of this section shall be submitted to the City on an
annual basis;
13.
Such
additional factual information as may be required under authority
of the City Manager to afford complete information to the Council
when presented to them in considering the application;
14.
Limousine
services, or motorbus services describe in particular the type of
service, service area, and any other pertinent information on the
proposed business, such information being complete enough for the
Council to make a determination on whether to issue an operating certificate
or deny the issuance of the operating certificate.
(D)
Grant
or rejection of operating certificate application:
Such
application shall be acted on by the Council at a regular meeting
thereof. If rejected by the Council, such determination by the Council
shall be final.
(E)
Revocation
of operating certificate:
The Council shall have the
right to revoke any operating certificate for:
1.
Misrepresentation
of facts given in the application;
2.
For
violation of provisions of this Code or state or federal laws by the
holder of the operating certificate;
3.
For
violation of any provisions of this chapter or state or federal law
by any person holding a city chauffeur's license and operating a vehicle
under the operating certificate of another;
4.
For
knowingly or recklessly allowing vehicles operating under the person's
operating certificate to be used in the transportation of people before,
during or after the commission of a violation of a local, state, or
federal law, ordinance, or regulation; or
5.
For
knowingly or recklessly allowing vehicles operating under the person's
operating certificate to be used in the transportation of goods, supplies,
equipment, or other personal property for which the person does not
have a required local, state, or federal license to transport or which
is otherwise unlawful to transport.
Written notice to the holder of an operating certificate which
is subject to revocation shall be given of a hearing before the Council
on the question of revocation of his operating certificate not later
than ten days prior to the hearing by the City Council.
(F)
Insurance
requirements:
At the time of application and at all times
during the term of the operating certificate, the holder of the operating
certificate shall carry and maintain in force automobile liability
insurance which meets the following minimum requirements:
1.
The
policy is written by a financially stable insurance company authorized
to do business in the state and which is acceptable to the City. Such
policies of insurance shall be issued by a company authorized to do
business in the state that is in good standing which means that there
is no order by the commission of insurance that the company is in
a hazardous financial condition as described by Article 1.32, Insurance
Code or an order placing the company in a state of supervision, conservation
or ancillary conservation under Article 21.28-A, Insurance Code. The
insurance must include a cancellation rider under which the insurance
company is required to notify the city secretary in writing not fewer
than 30 days before canceling the insurance policy and not fewer than
30 days before the insurance policy is due for renewal of the company's
intention to renew or not renew the policy. If there is any question
as to the solvency of the insurance company writing that insurance,
then the Council or City Manager reserves the right to require that
coverage to be written by a more financially stable company;
2.
The
coverage shall be:
(a)
Not be less than $20,000.00 for bodily injury or death in any one
accident;
(b)
Not less than $40,000.00 because of injury or death of two or more
persons in any one accident;
(c)
Not less than $15,000.00 for property damage;
(d)
Not less than $2,000.00 for personal injury protection for passengers;
(e)
Include uninsured motorists coverage in the same amounts as required
for liability coverage;
3.
A certificate
of insurance indicating compliance with this subsection shall be filed
with the city secretary at the time of application for the operating
certificate;
4.
The
operating certificate holder shall be responsible for and shall file
with the city secretary written assurance from the insurance company
on the policy mentioned above that notice in writing shall be given
to the City of its intention to cancel the insurance coverage not
later than 30 days prior to the proposed cancellation date, and shall
be signed by a duly authorized agent or representative of that insurance
company;
5.
The
operating certificate holder shall be fully responsible for maintaining
the insurance required by this chapter and section regardless of whether
the City has been notified of cancellation of the insurance, and the
City shall never be deemed to have assumed any liability by reason
of a failure or bankruptcy of a company or by reason of the failure
of the franchise holder to keep in force these insurance requirements.
The operating certificate holder must provide proof that the minimum
insurance requirements set forth in [Subsection] 5-6-2(F)2 are being
met at all times by providing the city secretary with appropriate
certificates of insurance. Failure to comply with the requirements
of this chapter in regard to insurance may authorize the Council,
in its discretion, to revoke the operating certificate.
(G)
Annual
fee:
1.
Not
later than January 31 of each calendar year, every holder of an operating
certificate shall pay to the City an annual fee of $200.00 for each
taxicab which operates under that holder's operating certificate;
provided that said annual fee shall not exceed a total amount of $1,500.00,
regardless of the number of taxicabs that operate under that holder's
operating certificate. However, a holder of an operating certificate
for limousine service or motorbus shall pay to the City an annual
fee of $100.00 for each limousine vehicle which operates under that
holder's operating certificate; provided that said annual fee shall
not exceed a total amount of $1,500.00, regardless of the number of
limousines or motorbuses that operate under that holder's operating
certificate. At the time of payment of that fee, the operating certificate
holder shall identify the particular vehicle to which the fee applies
by license plate number and vehicle identification number;
2.
If any
holder of an operating certificate shall fail to pay the annual fee
within 15 days after the date the same becomes due, the privilege
of the holder of the operating certificate to operate, or to allow
to operate, that particular vehicle in the City shall be deemed suspended
until such fees are paid;
3.
No fees
shall be refunded for taxicabs, limousines, or motorbuses removed
from service during the calendar year; provided, however, the annual
fee may be transferred from one vehicle to another vehicle operated
under the same operating certificate during the calendar year if:
(a)
The vehicle for which the fee was originally paid has been removed from service as the result of mechanical failure or damage from an accident which is not repaired or for non-compliance with Subsection 5-6-3(B), and said vehicle is not placed back in service during the year for which the permit fee was paid by any person holding an operating certificate under this chapter; or
(b)
The vehicle for which the fee was originally paid has been sold and
not placed back in service as a taxicab, limousine or motorbus, during
the year for which the permit fee was paid; provided, however, a copy
of documents evidencing the transfer of title and proof that all taxicab
markings, equipment, and permit stickers have been removed from the
vehicle sold must be presented at the time of request for transfer
of the permit fee. Such permit sticker shall be returned to Midland
Police Department.
4.
If the
holder of an operating certificate desires to add an additional vehicle
during the year, he may pay a prorata fee based on the number of whole
and partial months that exist from the date of payment and the next
subsequent January 31 that the vehicle will be in service.
(H)
In order
to maintain an operating certificate for a taxicab service, a company
must comply with the following regulations:
1.
Maintain
an office within Midland or Ector county, staffed by company agents
or employees for an eight-hour period between the hours of 7:00 a.m.
and 7:00 p.m., Monday through Friday, five days per week, where records
required by this chapter are kept and where vehicles may be inspected
and, have a dispatch, or direct phone line, and taxicab service which
provides continuous service 24 hours, seven days per week;
2.
Submit
to the City a copy of a current lease, if applicable, for the company
premises, or an affidavit as to ownership and occupancy;
3.
Maintain
a publicly listed telephone number;
4.
Maintain
the name and home address of each driver affiliated with the company,
along with the name of the person who owns or leases the vehicle operated
by the driver;
5.
Maintain
a log listing the year, make, and model, vehicle identification number
(serial number) of each vehicle for hire operating in the company
fleet;
6.
Maintain
sufficient employees or answering devices at the office to answer
its telephone after hours of company operation;
7.
Provide
each driver with a copy of this chapter;
8.
Maintain
at least one off-street parking lot capable of accommodating its vehicles
for hire when not in use;
9.
Have
knowledge and proof that all vehicles for hire operating for the company
have the insurance coverage required herein and have knowledge and
proof that such vehicles are in compliance with the standards concerning
inspection;
10.
Provide
taxicab service to the entire City and the Midland International Air
and Space Port;
11.
Operate
at least three taxicabs each month and more if required by the operating
certificate. Should a company's fleet drop below the three taxicab
minimum or below that required by the company's operating certificate,
the company shall have 120 days to bring its fleet into compliance
with this section and/or its operating certificate;
12.
The
permit obtained from the police department is not transferable, or
assignable and such benefit or privilege as the permit confers shall
be conferred only to the person or corporation named on the permit.
However, if a person sells his taxicab for which he has obtained a
permit, he may not transfer the permit to cover his newly purchased
taxicab;
13.
Vehicle
inspection; required; times; safe conditions. Before being allowed
to operate upon the streets of the City, each taxicab shall be inspected
and approved pursuant to the laws of the state. No taxicab shall be
driven or operated upon the streets of the City unless the same is
in safe condition and free of mechanical defects, brakes in excellent
condition, and the interior and exterior appearance shall be clean
and maintained in a reasonable state. Each taxicab shall be further
regularly inspected once per year by a person designated by the Chief
of Police. In the event that a taxicab is not approved, it shall be
suspended from operation until it complies with all City requirements;
14.
All
taxicabs must also meet the following requirements:
(a)
The minimum weight of a taxicab shall be 2,000 pounds, as determined
by the manufacturer's specifications.
(b)
No taxicab shall be equipped with shades, curtains, or any other
vision-obstructing device.
(c)
No taxicab shall have less than four doors, including back doors,
hatches, or gates, and each taxicab must be either a station wagon,
a sedan, or a van.
15.
Any
individual or corporation that is currently legally operating a taxicab
service under a franchise or license granted by the City Council may
continue to operate until August 1, 2008, provided that prior to March
1, 2008, application for a permit of nonconformance has been made
and said certificate subsequently issued by the city police department
as evidence that such exception is applicable to said vehicle.
(I)
In order
to maintain an operating certificate for a limousine or motorbus service,
a company must comply with the following regulations:
1.
Maintain
a place within the county where records required by this Chapter are
kept and that vehicles may be inspected and where telephone service
is maintained. This telephone shall be answered for an eight-hour
period between 7:00 a.m. and 7:00 p.m., Monday through Friday, five
days a week, where contact may be made for records or vehicle inspections;
2.
Submit
to the City a copy of a current lease, if applicable, for the company
premises, or an affidavit as to ownership and occupancy;
3.
Maintain
a publicly listed phone number;
4.
Maintain
the name and home address of each driver affiliated with the company,
along with the name of the person who owns or leases the vehicle operated
by the driver;
5.
Maintain
a log listing the year, make, model, and vehicle identification number
(serial number) of each vehicle for hire operating in the company
fleet;
6.
Maintain
sufficient employees or answering devices at the office to answer
its telephone after hours of company operation;
7.
Provide
each driver with a copy of this chapter;
8.
Maintain
at least one off-street parking lot capable of accommodating its vehicles
for hire when not in use;
9.
Have
knowledge and proof that all vehicles for hire operating for the company
have the insurance coverage required herein and have knowledge and
proof that such vehicles are in compliance with the standards concerning
inspection;
10.
The
permit from the police department is not transferable, or assignable
and such benefit or privilege as the permit confers shall be conferred
only to the person or corporation named on the permit. If a person
sells his limousine or motorbus for which he has obtained a permit,
he may not transfer the permit to cover a newly purchased vehicle;
11.
Vehicle
inspection; required; times; safe conditions. Before being allowed
to operate upon the streets of the City, each vehicle shall be inspected
and approved pursuant to the laws of the state. No limousine or motorbus
shall be driven or operated upon the streets of the City unless the
same is in safe condition and free of mechanical defects, have brakes
in excellent condition, and the interior and exterior appearance shall
be clean and maintained in a reasonable state. Each limousine or motorbus
shall be regularly inspected once a year by a person designated by
the Chief of Police. In the event that a limousine or motorbus is
not approved, it shall be suspended from operation until it complies
with all City requirements.
(Ordinance 9577, sec. 2, adopted 6/28/2016)
(A)
Taxicab
permits required:
It is unlawful for a driver, owner
or any other person to operate a motor vehicle as a taxicab in the
City or to permit the operation of a motor vehicle as a taxicab in
the City, if said vehicle does not display a valid taxicab permit
sticker issued pursuant to this chapter.
(B)
Application
for taxicab permit; vehicle requirements:
Application for a taxicab permit may be made only in the name of a person holding a valid operating certificate issued pursuant to Section 5-6-2. Vehicles for which an application for a taxicab permit is made must meet the following minimum requirements:
1.
Pass
safety tests as required under state law before issuance of a state
inspection sticker;
2.
Have
a rated seating capacity of at least four passengers, excluding the
driver;
3.
Have
the name of the taxicab business, and the name of the partnership
to which the cab belongs, if applicable, set forth in the operating
certificate, painted in letters at least three inches high on both
sides of the vehicle, together with a number of that taxicab designated
by the operating certificate holder in lettering at least six inches
in height under the name of the business;
4.
Have
installed on the roof of the taxicab a dome light;
5.
Have inside the taxicab an operating taximeter meeting the requirements set forth in Section 5-6-7;
6.
Have
a workable fire extinguisher installed within reach of the driver
at all times;
7.
Have
all interior upholstery intact, clean, and without tears;
8.
Have
no body damage or rust visible on the exterior of the vehicle, and
must have wheel covers if the wheels were designed for wheel covers,
and shall not be leaking any fluids from the vehicle, with the exception
of air conditioner condensation;
9.
Have properly posted on the interior the "complaint notice" sign as required by Subsection 5-6-4(M);
10.
Have properly posted on the interior the current schedule of rates set forth in Subsection 5-6-6(D);
11.
Have
no litter, dirt, debris, or any other matter neither necessary to
the safe operation of the vehicle nor the comfort, safety, or convenience
of its passengers located within the passenger compartment or trunk;
12.
Be
equipped with a safe and operable interior heater and a safe and operable
interior air conditioner;
(C)
Issuance
of taxicab permit:
The Chief of Police or his designee shall issue a taxicab permit pursuant to this Section 5-6-3 for each vehicle for which application is made if:
1.
The vehicle for which application is made complies with the minimum standards of Subsection 5-6-3(B), above;
2.
The holder of the operating certificate has provided proof of compliance with the insurance requirements set forth in Subsection 5-6-2(F) for the vehicle;
(D)
Temporary
taxicab permits:
The Chief of Police or his designee is authorized to issue a temporary permit pending compliance with Section 5-6-3 and that temporary permit shall be good for not more than two weeks from the date of its issuance. If a permanent permit is not obtained before the expiration of the temporary permit, then the taxicab vehicle shall be taken out of service by the operating certificate holder unless, for good cause, the city manager issues an additional temporary permit, pending compliance with the above requirements. No more than two consecutive temporary permits shall be granted.
(E)
Display
of taxicab permit sticker:
A taxicab permit sticker shall
be issued for each taxicab indicating compliance with the requirements
of this Section which must be displayed in a prominent place on the
windshield of the taxicab at all times.
(F)
Interim
inspections:
If at any time a city police officer, community service officer or person designated by the Chief of Police has reason to believe that a particular taxicab operating under a properly issued operating certificate has ceased to meet the requirements of Subsection 5-6-3(B), regardless of whether that particular vehicle bears a valid taxicab permit sticker issued pursuant to this Section, that police officer, community service officer, or designated person may inspect that vehicle to determine its compliance with Subsection 5-6-3(B). If this person's inspection reveals that the vehicle fails to meet the requirements of Subsection 5-6-3(B), the designee of the Chief of Police may revoke the taxicab permit if the holder of the operating certificate fails to bring the particular vehicle into compliance within ten days after issuance of the notice of proposed revocation. The operating certificate holder may appeal the revocation or threatened revocation of such permit to the Chief of Police within ten days of the revocation.
(G)
Limousine
or motorbus vehicle permits required:
It shall be unlawful
for an owner, driver, or other person to operate a limousine or motorbus
without a valid permit sticker issued pursuant to this chapter.
(H)
Application
for limousine or motorbus vehicle permit; vehicle requirements:
Application for a limousine or motorbus vehicle permit may be
made only in the name of a person holding a valid operating certificate
issued pursuant to this chapter. Vehicles for which an application
for a limousine or motorbus permit must meet the following minimum
requirements:
1.
Pass
safety tests as required under state law before issuance of a state
inspection sticker;
2.
Have
a rated seating capacity of at least four passengers, excluding the
driver;
3.
Be painted
with the color scheme approved by the Chief of Police or his designee
in obtaining issuance of the operating certificate under which the
vehicle will operate, or a subsequent color change request that has
been approved by the Chief of Police or his designee;
4.
Have
a workable fire extinguisher installed, readily accessible to the
driver at all times;
5.
Have
all upholstery intact, clean, and without tears;
6.
Have
no body damage or rust visible on the exterior of the vehicle, and
must have wheel covers or custom wheels designed not to have wheel
covers;
8.
Have
no litter, dirt, debris, or any other matter neither necessary to
the safe operation of the vehicle nor the comfort, safety, or convenience
of its passengers located within the passenger compartment or trunk;
and
9.
Be equipped
with a safe and operable heater and a safe and operable interior air
conditioner.
(I)
Inspection
of limousines or motorbuses:
All limousines or motorbuses
operating under an operating certificate issued by the City shall
be subject to an initial and an annual inspection, to be completed
in January of each year. Further, if at any time a city police officer,
community service officer, or person designated by the Chief of Police
has reason to believe that a particular limousine or motorbus vehicle
operating under a properly issued operating certificate has ceased
to meet the requirements of this section, that police officer, community
service officer, or designated person may inspect that vehicle to
determine its compliance with this section. If this person's inspection
reveals that the vehicle fails to meet the requirements of this section,
the Chief of Police may revoke the vehicle permit if the holder of
the operating certificate fails to bring the particular vehicle into
compliance within ten days after issuance of the notice of proposed
revocation. The operating certificate holder may appeal the revocation
or threatened revocation of such permit to the city manager within
ten days of the revocation.
(J)
Issuance
of limousine or motorbus permit:
The Chief of Police
or his designee shall issue a vehicle permit pursuant to this section
for each vehicle for which application is made if:
1.
The
vehicle for which application is made complies with the minimum standards
of [Subsection] 5-6-3(H), above;
2.
The holder of the operating certificate has provided proof of compliance with the insurance requirements set forth in Subsection 5-6-2(F) for the vehicle;
3.
With respect to the vehicle for which application is made, the holder of the operating certificate has paid the annual fee required by Subsection 5-6-2(G); and
4.
Complies
with all other applicable provisions of this Code.
Vehicle permits issued pursuant to this section shall be valid
until January 31 of the year immediately following the year of issuance,
unless revoked prior to that time.
(K)
Temporary
limousine or motorbus permits:
The City Manager or his designee is authorized to issue a temporary permit pending compliance with Section 5-6-3 and that temporary permit shall be good for not more than two weeks from the date of its issuance. If a permanent permit is not obtained before the expiration of the temporary permit, then vehicle shall be taken out of service by the operating certificate holder unless, for good cause, the City Manager issues an additional temporary permit, pending compliance with the above requirements. No more than two consecutive temporary permits shall be granted.
(L)
Display
of limousine or motorbus permit:
A permit sticker shall
be issued for each limousine or motorbus, indicating compliance with
the requirements of this section which must be displayed in a prominent
place on the windshield of the vehicle at all times.
(Ordinance 9577, sec. 3, adopted 6/28/2016)
(A)
Maximum
seating in taxicabs, limousines, or motorbuses:
It shall
be unlawful for any person to knowingly operate a taxicab, limousine,
or motorbus which is occupied by more than its rated passenger capacity.
It shall further be unlawful for any person to knowingly operate a
taxicab, limousine, or motorbus in which more than three persons are
occupying the front seat of that taxicab, limousine or motorbus.
(B)
Receipt
and discharge of passengers:
No driver of a taxicab,
limousine, or motorbus shall knowingly receive or discharge passengers
from or in the traffic lane of any street.
(C)
Transportation
of intoxicating beverages prohibited:
It shall be unlawful
to transport intoxicating beverages not owned and in the exclusive
possession and control of a fare paying passenger in the taxicab or
motorbus, or for any such vehicle's driver to have on his person any
intoxicating beverage while driving and operating a taxicab, limousine,
or motorbus in service while transporting a passenger.
(D)
Drinking
of intoxicants or smoking is prohibited in taxicabs:
It shall be unlawful for any driver or passenger of any taxicab to
drink intoxicating beverages of any kind while inside the taxicab.
(E)
Transportation
to prostitute's abode or of person committing crime:
It shall be unlawful for any taxicab, limousine, or motorbus driver
or owner to knowingly transport any passenger to the abode of a prostitute
or knowingly to transport any criminal, narcotic peddler, prostitute,
bootlegger or any other person in the commission of a crime or infraction
of the law in any manner.
(F)
Selling
liquor:
No driver of a taxicab, limousine, or motorbus
or owner of such a vehicle shall engage in selling intoxicating liquors
or soliciting business for any person selling intoxicating liquors.
(G)
Transportation
of persons other than passenger for hire:
No taxicab
driver or owner shall permit any other person to occupy or ride in
a taxicab, except a passenger for hire. No taxicab driver or owner
shall carry any person in such taxicab while on the streets of the
City, unless such person has agreed to pay for the use and hire of
such taxicab. This does not apply training of cab drivers or an authorized
person inspecting the taxicab.
(I)
Direct
route and first use of taxicabs:
The first passenger
employing a taxicab shall be entitled to its exclusive use until delivered
to that passenger's destination by the most practicable and direct
route, and no other passengers may be carried unless the passenger
or passengers first engaging the taxicab shall consent to the additional
passengers not with the first passenger or passengers' party. In all
cases, the taxicab driver shall take the most direct and practical
route to any passenger's destination unless that passenger consents
to another route or directs the taxicab driver otherwise.
(J)
Solicitation
of business:
No driver of a taxicab shall solicit patronage
in a loud or annoying tone of voice or in any manner annoy any person
or obstruct the movement of any person or follow any person for the
purpose of soliciting patronage.
(K)
Drivers
to be neat and clean:
It shall be the responsibility
of every person operating a taxicab business, limousine service, or
motorbus service in the City to require the drivers of the vehicles
of such service to be neat and clean in appearance while on duty.
No operating certificate holder shall allow any driver working under
that holder's certificate to, while on duty, wear soiled or torn clothing,
wear cut-off shorts, have offensive body odors or otherwise appear
in a less than clean and orderly fashion.
(L)
Transportation
of passengers prohibited during suspension or revocation:
It shall be unlawful for any operating certificate holder or other person to knowingly continue to transport passengers for hire after the operating certificate holder's certificate has been suspended or revoked as provided by this chapter. It shall be unlawful for any operating certificate holder or other person to knowingly operate any vehicle as a taxicab, limousine, or motorbus if the annual fee on that vehicle, as imposed by Subsection 5-6-2(G), has not been paid.
(M)
Complaint
information:
All taxicabs, limousines, or motorbuses
must display a sign in the rear passenger compartment which is clearly
visible to passengers of the vehicle in a form and size approved by
the Chief of Police, or his designee, which sign shall inform passengers
of their rights, the duties of the operator of the vehicle, and other
pertinent information as may be required by the Chief of Police.
(N)
Daily
record of receipts:
Each operating certificate holder
shall keep and maintain a complete and correct record of daily receipts.
(O)
Limousine
or motorbus:
Routes for limousines or motorbuses shall
be determined by the holder of the operating certificate or driver
of the vehicle, based upon contractual specifications with the customers.
(Ordinance 9577, sec. 4, adopted 6/28/2016)
(A)
City
chauffeur's license required:
It shall be unlawful for
any person to drive any taxicab, limousine, or motorbus engaged in
the business of transporting passengers upon or over any street within
the corporate limits of the City without first having obtained from
the Chief of Police a city chauffeur's license.
(B)
Driver
regarded as agent of operating certificate holder:
Every
person who drives or operates a taxicab, limousine or motorbus which
is authorized to operate within the City shall be regarded as an agent,
representative, and employee of the holder of the operating certificate
under which that taxicab, limousine or motorbus operates. Any other
contractual or other type of relationship between the driver of a
taxicab and the operating certificate holder shall be irrelevant for
purposes of this Code.
(C)
Regulations
governing employment of drivers:
Every person operating
a taxicab business, limousine service, or motorbus service in the
City shall employ as drivers of their vehicles only persons who are
physically and mentally fit and able to operate a motor vehicle for
hire, and also furnish to the City a valid state driver's license.
It shall be the full responsibility of the operator of the business
to select and employ drivers who are qualified for taxicab service,
limousine service, or motorbus service, who can read and write the
English language, who are familiar with the streets and addresses
in the City and who are morally acceptable for such public service.
The continued employment or contractual retention by an operating
certificate holder of any person as a driver, when that person is
a known criminal, or whose record as the driver of a motor vehicle,
as reflected by official police and court records, shows a lack of
mental, emotional, moral, or temperamental capacity to be a safe and
reliable driver, or of any person who violates this Code more than
three times within any given year, or commits two violations in a
90-day period, or a major safety violation, will be taken into consideration
by the city manager or City Council when it is requested to grant,
renew, or revoke any operating certificate to operate a taxicab service
in the City. Every operator of a taxicab business or service is charged
with the knowledge of the police and court records of all drivers
in his employ or contractual retention and no such operator shall
employ or retain a contract with any person, as a driver, who frequently
violates laws relevant to the operation of taxicabs, limousines, or
motorbuses.
(D)
Application;
fee:
Before obtaining a city chauffeur's license, the
applicant shall make a written, signed application to the Chief of
Police, accompanied by a fee of $25.00, payable to the City. Such
application shall contain the following information:
1.
The
full name, age, place of birth, and present residential and business
addresses of the applicant;
2.
The
name of the operating certificate holder for whom the applicant proposes
to be employed;
3.
The
length of the residence of the applicant in the City and the state,
and whether the applicant is a citizen of the United States;
4.
A full
personal description of the applicant, including age, height, weight,
race, color of eyes, complexion, color of hair, body and facial marks
and defects, if any, and a photograph, both front and side views (photograph
to be furnished by police department);
5.
The
experience, if any, that the applicant has had as a driver of a motor
vehicle;
6.
Whether
applicant has been charged with or convicted of any felony or misdemeanor,
and if so, full information concerning each;
7.
Whether
applicant has been convicted of any violation of any law in the operation
of motor vehicles, and if so, full information concerning each;
8.
If the
applicant has previously been convicted of a criminal offense, including
a misdemeanor charge of driving while intoxicated but not including
other misdemeanor offenses related to the operation of a motor vehicle,
any recommendations of the prosecution, law enforcement, and correctional
authorities that the applicant desires to submit with the application;
9.
If the
applicant has previously been convicted of a criminal offense, including
a misdemeanor charge of driving while intoxicated and including other
misdemeanor offenses related to the operation of a motor vehicle,
any proof in such form as may be required by the Chief of Police that
the applicant has maintained a record of steady employment, has supported
his or her dependents, and has otherwise maintained a record of good
conduct and has paid all outstanding court costs, supervision fees,
fines, and restitution as may have been ordered in all criminal cases
in which he or she has been convicted;
10.
Each
applicant for registration as a taxicab, limousine, or motorbus driver
shall submit to records division, a CCH, as herein provided. Every
applicant shall be photographed so as to show clearly the head and
facial features of applicant, and such photograph shall be securely
affixed to the certificate of registration issued to the applicant
by the Chief of Police on the first application of a taxicab, limousine,
or motorbus driver. If the driver's local criminal history is clear
and the driver shows adequate proof that the driver has submitted
the application for the CCH, and all other ordinance requirements
fulfilled, the driver shall be issued a temporary permit that is good
for up to 45 days. The temporary permit shall expire on notice that
the CCH shows criminal history that is not permitted or for violation
of any provisions of this ordinance that required suspension, or at
the end of the 45-day period, whichever is first. If the CCH is clear
and not in violation of this ordinance, and all other requirements
have been complied with, the City shall issue a certificate of registration
for the remainder of the one-year period. On a renewal of permit,
where a CCH has been provided, the records division shall do a local
criminal history only and a CCH shall not be required. Permitted drivers
shall be furnished proof of the current permitted status so that it
can be displayed by the driver at any time when operating a taxicab,
limousine, or motorbus;
11.
An
application shall not be deemed complete, and the Chief of Police
shall not be required to consider an application, until all of the
information and documents described above have been submitted.
(E)
Applicant
must have state driver license:
No person shall be issued
a city chauffeur's license unless he first produces a valid driver
license issued to him by the State of Texas.
(F)
Investigation
and determination of applicant's fitness:
The Chief of
Police shall make or cause to be made such investigation of the character,
experience, and qualifications of an applicant desiring a city chauffeur's
license as may be deemed consistent and judicious; and he shall determine
whether the applicant is fit and qualified to drive and operate a
taxicab within the corporate limits of the City in a manner consistent
with the welfare of the public. The Chief of Police is authorized
to issue a temporary permit not to exceed 45 days permitting the applicant
to drive a taxicab, limousine, or motorbus vehicle pending final decision
on his application. The Chief of Police shall make his determination
within ten days of receiving a completed application, or, if a temporary
permit is issued within that time, by the day of the expiration of
the temporary permit. In determining whether the city chauffeur's
license should be granted, rejected, or revoked, the Chief of Police
shall consider any record of the applicant for criminal offenses which
directly relate to the dealings and responsibility of a taxicab, limousine,
or motorbus driver. In determining whether a criminal conviction directly
relates to the duties of a taxicab, limousine, or motorbus driver
the Chief of Police shall consider:
1.
The
nature and seriousness of the crimes;
2.
The
relationship of the crime to the purposes for requiring a city chauffeur's
license;
3.
The
extent to which a city chauffeur's license might offer an opportunity
to engage in further criminal activity of the same type as that which
the applicant previously had been involved;
4.
The
relationship of the crime to the ability, capacity, or fitness required
to perform the duties of a taxicab, limousine, or motorbus driver;
5.
The
extent and nature of the applicant's past criminal activity;
6.
The
age of the applicant at the time of the commission of the crime;
7.
The
amount of time which has elapsed since the applicant's last criminal
activity;
8.
The
conduct and work activity of the applicant prior to and following
the criminal activity;
9.
Evidence
of the applicant's rehabilitation or rehabilitative effort while incarcerated
or following release;
10.
Other
evidence provided by the applicant of the applicant's present fitness,
including letters of recommendation from prosecution, law enforcement,
and correctional officers who prosecuted, arrested, or had custodial
responsibility for the person; the sheriff and Chief of Police in
the community where the applicant resides; and any other person in
contact with the convicted applicant;
11.
Further,
the city chauffeur's license provided for hereinabove may be denied
or suspended or revoked for any of the following reasons, in the discretion
of the Chief of Police:
(a)
Driver not at least 18 years of age;
(b)
Fail to possess a valid State of Texas driver's license;
(c)
Fail to be a citizen of the United States or an alien admitted for
permanent residence or so has otherwise been granted employment authorization
by the United States Immigration and Naturalization Service;
(d)
Fail to exhibit a proficiency with the English language so as to
be able to comprehend and interpret traffic signs, issue written receipts
to passengers, and obey lawful order of police and others in lawful
authority;
(e)
Convicted of a crime that directly relates to the duties and responsibilities
of the licensed occupation as provided in Tex. Occ. Code Ann §
53.001 et seq. Upon a licensee's felony conviction, felony probation
revocation, revocation or parole, or revocation of mandatory supervision,
his/her license shall be revoked. Any suspension, revocation or denial
for reasons of criminal background shall be subject to the procedures
set forth in Tex. Occ. Code Ann § 53.051 et seq.;
(f)
Fail to wear "proper clothing" while operating a vehicle for hire.
As used herein, the term "proper clothing" shall mean shoes, pants
to ankle length or skirt or dress, dress shorts and shirt or blouse
with sleeves and collar. If a hat is worn, it shall be a baseball-style
cap or a chauffeur's cap. Clothes shall not be visibly soiled;
(g)
Continue to smoke, or play a radio or tape player or use profanity,
if objected to by a passenger;
(h)
Fail to provide the police with notice of any change of address within
five days of such change, and failure to have such information changed
on the Texas driver's license;
(i)
Mental incompetence to a degree that the person is not held responsible
for criminal actions in a court of law or is not competent to stand
trial;
(j)
A violation of any provision of this article by the driver;
(k)
Any false or misleading statement made by the applicant for registration
on the written application.
(G)
Notwithstanding
5-6-5(F), the Chief of Police may allow such investigation of a driver
desiring a city chauffeur's license to be conducted by the company
seeking to employ said driver, provided that the company shall:
(1)
Provide
to the Chief of Police a written request to conduct such investigation
and the company's certification that such investigation will comply
with the requirements set forth in [Subsection] 5-6-5(F);
(2)
Conduct
a background check of the driver utilizing the driver's personal information
in national, multi-state, and local databases for criminal convictions.
Such databases are to include, but are not limited to, the National
Sex Offender Registry and National Criminal Search;
(3)
Verify
the results of the criminal background check upon identifying a potential
criminal record of the driver;
(4)
Refuse
to employ said driver if such investigation yields any result that
would prohibit a driver from obtaining a city chauffeur's license
under this chapter; and
(5)
Provide
the Chief of Police with an annual written certification that any
and all driver investigations conducted by the company comply with
all requirements set forth in [Subsection] 5-6-5(F) and that each
and every driver employed by the company passed a background check
that complies with the requirements of this chapter and remains in
good standing. Upon request from the Chief of Police, a company shall
provide sufficient supporting documentation demonstrating that any
and all driver investigations conducted by the company were done in
conformance with this section.
If the company does not elect to perform an investigation or
does not comply with the requirements set forth above for conducting
such investigation of a driver seeking to obtain a city chauffeur's
license, the Chief of Police shall conduct the investigation pursuant
to [Subsection] 5-6-5(F) and shall conduct any and all future investigations
for all prospective drivers of the company.
(H)
Applicant
to be photographed:
All applicants for a city chauffeur's
license must have their picture taken by the police department's records
section, with a copy of this photograph to be used as part of the
identification of the driver as further specified in this section.
(I)
Issuance
of city chauffeur's license:
If the applicant for a city
chauffeur's license has complied with all of the requirements of this
chapter, and if the Chief of Police shall find that the applicant
is otherwise a fit person and properly qualified under this chapter
to receive a city chauffeur's license, he shall grant such license.
(J)
License
must be carried and exhibited:
The city chauffeur's license
issued by the Chief of Police, shall be effective for a period of
one year from the date of issuance and shall be carried on the person
of the taxicab, limousine, or motorbus driver at all times while engaged
in the business of carrying passengers for hire. A placard showing
a picture of the driver with his name, address, and city chauffeur's
license number must be exhibited in the vehicle at all times.
(K)
Renewal
of city chauffeur's license:
A city chauffeur's license
may be renewed annually by filing a new application and remitting
payment of $25.00. Renewal may be refused for any reason the original
application could have been rejected. New photographs will be required
to be taken every five years, or at any time that the driver's appearance
significantly changes.
(L)
Revocation
of city chauffeur's license:
In addition to any other penalty provided by this Code, a city chauffeur's license may be revoked by the Chief of Police after finding that the holder of the license has done or engaged in any of the following acts, which the Chief of Police shall consider in relation to the factors enumerated in Subsection 5-6-5(D) of this Chapter:
1.
Made
any false statements in his application for a city chauffeur's license;
2.
Knowingly
engaged in the sale of intoxicating liquors, directly or indirectly,
while serving as a driver of a taxicab, limousine, or motorbus;
3.
Consumed
any intoxicating beverage while in a taxicab, limousine, or motorbus,
or while on duty as a driver of one of these vehicles;
4.
Been
found guilty of driving while intoxicated by any court of competent
jurisdiction while this license is in effect;
5.
Knowingly
engaged in the transportation of any known criminal, narcotic peddler,
prostitute, or bootlegger in the furtherance of a crime, or knowingly
and intentionally aided in the infraction of the criminal laws of
this City or state;
6.
Acted
in any manner as a pimp for prostitutes or as a contact man for bootleggers,
or as a contact man for any unlawful establishment of any character;
7.
Have
been convicted by any court of more than three moving traffic violations
within a 12-month period;
8.
Shall
have knowingly charged any passenger a fare in excess of the rates
allowed by this chapter;
9.
Has
been convicted of a misdemeanor or felony for which the original applicant
would have otherwise been denied.
(M)
Surveillance
and enforcement by police:
Every police officer of the
City has authority to watch and observe the conduct of holder of taxicab,
limousine, or motorbus franchises and drivers operating under this
chapter. Upon discovering a violation of the provisions of this chapter,
every such officer shall take immediate steps to enforce the law,
either by arrest or by report to proper officials. Specific instructions
in this connection shall be delivered to every police officer of the
City under the direction of the Chief of Police. Police officers are
further authorized to stop and inspect any taxicab, limousine, or
motorbus and any driver of such a vehicle in the City or Midland International
Air and Space Port to insure compliance of the vehicle and driver
with this chapter of the City Code. Such authority shall be accepted
by the operator and the driver as a conditions for the franchise and
driver certification. In the event that a driver refuses to stop or
to permit such inspection, such refusal shall constitute an immediate
abandonment and revocation of the franchise and permit for such vehicle
and driver and further operation of such taxicab, limousine, or motorbus
or further operation of the vehicle by the driver shall be a violation
of this ordinance.
(N)
Procedures
upon denial or revocation:
Any person whose city chauffeur's
license is denied or revoked by the Chief of Police may appeal that
denial or revocation to the city manager, which appeal must be filed
in writing with the city manager not later than ten days of receipt
of notification of the order of denial or revocation. Upon denying
or revoking a license, the Chief of Police shall inform in writing
the person affected of the reasons for denial or revocation, the earliest
date and the manner in which that person may appeal such denial or
revocation, and the person's rights of review pursuant to Tex. Occ.
Code Ann § 53.001 et seq.
(Ordinance 9577, sec. 5, adopted 6/28/2016)
(A)
Overcharge
and refund of fares:
It shall be unlawful for any person
to knowingly charge any person a fare for taxicab service in excess
of the fares established by this chapter. Evidence that a passenger
of a taxicab was charged a fare in excess of that which is authorized
by this section shall be prima facie evidence that both the driver
and holder of the operating certificate under which the taxicab was
operating did knowingly charge that passenger the excessive fare.
The operating certificate holder for any taxicab, the service for
which any person is charged a fare in excess of that allowed by this
chapter, shall be responsible for refunding the person so overcharged
all monies charged to that person in excess of the fare allowed, in
addition to such other fines as may be levied for violation of this
Section.
(B)
Rates
established:
The taxicab rates listed herein are hereby
declared to be fair and reasonable for such services. No taxicab operator
or driver operating within the incorporated limits of the City, or
operating a taxicab from any point within the City or Midland International
Air and Space Port to any point in the City of Odessa shall charge
any fare in excess of the following rates. The following rates are
the maximum rates that may be charged but taxicab operators may charge
a lower rate.
1.
$5.25
for the first mile;
2.
$3.25
for the first one-sixth mile or fraction thereof traveled;
3.
$0.40
for each additional one-sixth mile or fraction thereof after the first
one-sixth mile traveled;
4.
$15.00
for each hour of waiting time or proportionate fraction thereof;
5.
$0.50
for each item of luggage the size of a footlocker or larger which
is handled by the driver;
6.
$0.25
total for each passenger above.
(C)
Multiple
passengers; multiple destinations:
When two or more passengers
occupy a taxicab at the same time, but leave at different destinations,
the first passenger to leave shall pay the regular fare, and the flag
on the taximeter shall be thrown in the stop position indicating another
trip. The next passenger to leave shall pay the regular fee from the
point at which the flag was so thrown to his destination. The fare
shall be similarly determined for any passenger in addition to the
second passenger. When a taxicab is not originally engaged for a joint
trip, nothing herein shall authorize the carrying of additional passengers
without the consent of the passenger who first engaged the taxicab.
The above rules determine the fare which may legally be demanded of
each passenger when more than one passenger occupies a taxicab at
the same time, but nothing herein shall prevent the passengers from
dividing the cost of the trip in any manner that they may voluntarily
agree upon. A taxi-cab may carry the amount of passengers for which
the vehicle is designed and has seating positions, but may only have
a maximum of three separate destination fares in one trip. This still
allows more than one passenger per destination fare.
(D)
Posting
of fare schedule:
The schedule of fares indicating maximum prices to be charged by any taxicab operator or driver shall be prominently displayed in each taxicab operated for public hire in the City or at Midland International Air and Space Port. It shall be unlawful for a driver or operator of a taxicab to offer for hire any taxicab that does not have a rate schedule posted as required by this section. Evidence that any taxicab was operated or offered for hire without the posting of the sign required by this Subsection (D) shall be prima facie evidence that both the driver and operator of that taxicab knowingly caused a taxicab to be operated or offered for hire without the required sign. Shuttles shall operate on the basis of established and defined charges. A schedule of rates and charges shall be filed with the Chief of Police upon issuance of a permit. It shall be unlawful to charge a fare in excess of the rates on the filed schedule.
(E)
Notwithstanding
any other provision of this chapter, a driver may charge a fare that
does not conform to the rate schedule of [Subsection] 5-6-6(B) or
the procedures of [Subsection] 5-6-6(C) only if:
(1)
A
driver and prospective passenger agree upon a pre-arranged route between
two identified geographical points;
(2)
A
driver and prospective passenger agree upon a pre-determined price
for taxi services regarding the pre-arranged route;
(3)
The
pre-arranged route and pre-determined price are agreed to by the prospective
passenger before the initiation of the taxi services; and
(4)
A
driver verbally notifies a prospective passenger of the passenger's
option to obtain taxi services from said driver that conform to the
rate schedule in [Subsection] 5-6-6(B) before the initiation of the
taxi services; and
(5)
A
driver has properly posted on the interior the "complaint notice"
sign as required by [Subsection] 5-6-4(M).
(Ordinance 9577, sec. 6, adopted 6/28/2016)
(A)
Taximeters
required equipment:
It shall be unlawful for any taxicab
to be operated for public hire in the City unless it is equipped with
a taximeter, as defined under this Chapter, which taximeter shall
be used as provided in this Chapter.
(B)
Taximeters
required to determine fare:
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, except as may be permitted by this chapter.
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 by taximeter as herein provided, or as expressly permitted
by this Chapter.
(C)
No
solicitation as taxicab without taximeter:
It shall be
unlawful for any person owning, operating, driving or in charge of
any taxicab for hire in the City to drive or operate such taxicab,
or to use or advertise in connection therewith the words "taxi", "taxicab"
or "cab" or in soliciting trade from the public, to represent or exhibit
such vehicle as a taxi, taxicab or cab unless such vehicle be equipped
with a taximeter in accordance with the provisions of this Chapter.
(D)
Taximeter
specifications:
Every taxicab shall use a taximeter of
a size and design approved by the Chief of Police. Such taximeter
shall conform to the following specifications:
1.
The
taximeter shall be a mechanical or electronic instrument or device
by which the charge for hire of a taxicab is mechanically or electronically
calculated for distance traveled, for waiting time, if any and extra
passengers, if any, and upon which the charge or charge shall be indicated
by means of clearly legible figures which are electrically lighted
each time the taximeter is activated from nonearning to earning position;
3.
Each
taximeter must be furnished with a tamper-proof switch;
4.
No taximeter
shall be in such condition as to be more than five percent incorrect
to the prejudice of any passenger. This does not allow a taxicab to
charge five percent more for their services but relates only to the
calibration of the taximeter.
(E)
Regulations
for use of taximeter; inspection; approval:
The following
rules and regulations for inspection and approval of taximeters and
for the operation and use of taximeters on taxicabs are prescribed:
1.
No approval
shall be given and no inspection certificate for any taximeter shall
be issued for any taxicab until the taximeter attached thereto shall
have been tested and inspected and found to be accurate and in conformity
with the specifications required of such taximeter under the terms
of this chapter;
2.
No person
shall use or permit to be used or driven for hire a taxicab equipped
with a taximeter the case of which is unsealed and not having its
cover and gear intact;
3.
No driver
of a taxicab equipped with a taximeter, while carrying a passenger
or passengers, or while under employment, shall display the signal
affixed to such taximeter in such position as to denote such vehicle
is not employed, or in such position as to denote that the taxicab
is employed at a rate of fare different from that which the use of
the taxicab legally justifies under the provisions of this chapter;
4.
It shall
be the duty of the driver to call the attention of passengers to the
amount registered on the taximeter, and the taximeter flag shall not
be changed to a "vacant" position until after the fare is paid;
5.
No person
shall drive or operate a taxicab to which is attached a taximeter
which has not been duly tested, inspected and approved as required
by this chapter, and it shall be unlawful to change the size of the
wheels or tires of any taxicab, or the gears operating the taximeter,
or the taximeter itself, from one taxicab to another unless the taximeter
is again tested, inspected and approved under supervision the Chief
of Police before using.
(Ordinance 9577, sec. 7, adopted 6/28/2016)
(A)
All taxicabs transporting passengers from the Midland International Air and Space Port must have an airport cabstand permit and must also meet all other requirements of this Code. All taxicab operations for which an operating certificate has been granted by the City, who is otherwise in full compliance with this Code, may drop passengers at the Midland International Air and Space Port without applying for an airport cabstand permit pursuant to Section 5-6-8 of this Code [or a permit pursuant to Sections 13-2-2, 13-2-7 and 13-2-10, of this Code]. However, any taxicab company wishing to service Midland International Air and Space Port which is not authorized to operate by the City must apply for a permit under Sections 13-2-2, 13-2-7 and 13-2-10 of this Code.
(B)
Cabstand
use required; exception:
No taxicab operator may solicit
or receive passengers at Midland International Air and Space Port
from any location except the cabstand at Midland International Air
and Space Port as designated by the director of airports.
(C)
Airport
cabstand permit required:
No taxicab may enter the cab
stand line at Midland International Air and Space Port which does
not have on display on its windshield a current airport cabstand permit.
(D)
Application
for airport cabstand permit; fee:
Applications for airport
cabstand permits shall be made to the director of airports. Each airport
cabstand permit shall be valid for one month, beginning on the first
day of that month; provided that a person may elect to apply for an
airport cabstand permit that is valid for one year, beginning on the
first day of that year. The fee for issuance of a one-month airport
cabstand permit shall be $25.00 per month and the fee for a one-year
airport cabstand permit shall be $300.00 per year, except that limousines
are not responsible for payment of said fee.
(E)
Issuance
of airport cabstand permits:
No airport cabstand permit shall be issued to any taxicab which does not either bear a valid permit issued pursuant to Section 5-6-3 of this chapter, or which has a valid City of Odessa franchise. A taxicab operating under the authority of the City of Odessa must comply with Section 5-6-3 except for Subsection 5-6-3(C)3. If a taxicab bears a valid permit issued pursuant to Section 5-6-3 or pursuant to Title XIII of this Code, but the director of airports reasonably believes that the taxicab does not, in fact, meet the requirements of Section 5-6-3 or of the Title XIII, the director of airports may refuse to issue an airport cabstand permit until the applicant presents a statement from the Chief of Police or his designee that the vehicle has met the requirements of Section 5-6-3 or Title XIII, which statement must be presented not later than five days after the date of issuance. Further, no taxicab may receive an airport cabstand permit unless it is owned by a taxicab company which has a minimum of three taxicabs in operation which have a valid City of Odessa franchise or city operating certificate.
(F)
Denial
of airport cabstand permit:
The director of airports
may deny issuance of an airport cabstand permit to any taxicab if
the director of airports has determined that the driver of the taxicab
has, while at Midland International Air and Space Port, violated the
provisions of this Chapter more than once in each of the three preceding
months. The director of airports may also deny an airport cabstand
permit if the driver of the taxicab for which application is made
has engaged in conduct which the director of airports reasonably believes
to create a hazard to the traveling public using Midland International
Air and Space Port or which may otherwise violate federal, state or
local regulations governing operation of Midland International Air
and Space Port.
(G)
Suspension
or revocation of airport cabstand permit:
The director
of airports may immediately revoke an airport cabstand permit if:
1.
The
driver of the taxicab to which the permit is issued has been determined
by the director of airports to have violated the provisions of this
chapter two times in the preceding 90-day period of time;
2.
The
driver of the taxicab to which the permit is issued has engaged in
conduct which the director of airports reasonably believes to create
a hazard to the safety of the traveling public using Midland International
Air and Space Port or which may otherwise violate federal, state or
local regulations governing operation of Midland International Air
and Space Port;
3.
The city chauffeur's license of the driver assigned to the taxicab to which the permit is issued has been revoked or not renewed pursuant to Subsection 5-6-5(K);
4.
The
City of Midland franchise or operating certificate or the City of
Odessa franchise under which the taxicab is operating has been suspended
or revoked, or has otherwise terminated on its own accord;
(H)
Appeal
of denial or revocation of airport cabstand permit:
The denial or revocation of an airport cabstand permit may be appealed to the city manager within three business days of the denial or revocation by the director of airports. In the case of a revocation pursuant to Subsections 5-6-8(G)2. and 3., the revocation shall remain in effect until the city manager has ruled on the appeal and determined to reinstate the permit. The procedures set forth in Subsection 5-6-5(N) shall be used in the appeal of such denial or revocation.
(I)
Airport
cabstand operations; certain acts prohibited:
It shall
be unlawful for any person to knowingly:
1.
Park
a taxicab or other vehicle at the Midland International Air and Space
Port cabstand if that vehicle does not bear a current, valid airport
cabstand permit;
2.
Receive
passengers in a vehicle at the Midland International Air and Space
Port cabstand if that vehicle does not bear a current, valid airport
cabstand permit;
3.
Attach
an airport cabstand permit to a vehicle other than that vehicle for
which the airport cabstand permit was issued;
4.
Operate
a vehicle to which is attached an airport cabstand permit which was
not issued for use on that particular vehicle;
5.
Forge,
alter, or counterfeit an airport cabstand permit; or
6.
Knowingly
operate a taxicab or other vehicle to which is attached a forged,
altered, or counterfeit airport cabstand permit.
(J)
Cabstand
procedures:
All taxicabs entering the cabstand at Midland
International Air and Space Port must enter at the rear of the line
of taxicabs already at the cabstand. Only the taxicab at the head
of the line of taxicabs at the cabstand is permitted to receive passengers.
No taxicab may advance around any other vehicle in the cabstand line
unless directed to do so by a city police officer, community service
officer or a designee of the Chief of Police for safety or administrative
reasons. The taxicab at the head of the cabstand line may not unreasonably
refuse any passenger willing to pay. No maintenance or repair work
may be done on any taxicab at the cabstand.
(K)
Drivers
to remain with vehicles; exceptions:
The driver of any
taxicab in line at the Midland International Air and Space Port may
stay in the taxicab driver's lounge at the airport until such time
as passengers are deplaning and actually gathering luggage and preparing
to leave the airport, when the taxicab drivers will be required to
actually be with and attend their vehicles. They may leave the cab
while passengers are deplaning or preparing to leave the airport only
to assist passengers in boarding that driver's taxicab.
(L)
No
solicitation at airport:
No person shall knowingly solicit
business for any taxicab while that person is at Midland International
Air and Space Port.
(M)
Drivers
shall not sleep in their vehicles while on the taxi line.
(Ordinance 9577, sec. 8, adopted 6/28/2016)
(A)
Issuance
of guidelines:
The Chief of Police, upon consultation
with the city attorney, shall publish and post guidelines relating
to the actual practice of the licensing authority pursuant to this
chapter and any amendments thereto, at the county courthouse as required
by Tex. Occ. Code Ann § 53.051 et seq., as amended.
(B)
City
exempt from liability in matters pertaining to taxicabs, limousines,
or motorbuses:
The City shall not be liable for any sum
on account of any claim or on account of any act or omission of any
officer of the City in connection with any matter relating to taxicabs,
limousines, or motorbuses.
(C)
Restrictions
on City officers and employees:
It shall be unlawful
for any officer or employee of the City to accept, directly or indirectly,
any gifts, discounts or gratuities from any holder of a taxicab franchise
or operating certificate or any of their drivers or from any person
engaged in the repair of vehicles for a holder of an operating certificate.
(D)
Police
department charged with enforcement:
The City's police
department shall be the City department primarily responsible for
the enforcement of the provisions of this chapter.
(E)
The
City may also enforce the provisions of this article in any of the
following ways:
1.
A warning
may be given by the Chief of Police, or designee of the Chief of Police,
to the operator and/or driver concerning any violation. Warnings may
form the basis for the use of more serious sanctions if any additional
violations are accumulated;
2.
City
may prosecute any violations through the municipal court and violations
are subject to a fine up to $500.00 for any offense;
3.
The
Chief of Police may suspend operations by the operator of the franchise
or any driver or any permitted vehicle for any violation of this article;
4.
The
City Council may terminate the operating certificate;
5.
City
may enforce the provisions of this article by means of any civil judicial
remedies of law or equity in the county or district court of this
state.
(F)
Procedure
for denial, suspension or termination of a driver certification or
vehicle permit or a franchise:
In the event that the
Chief of Police finds that a taxicab, limousine, or motorbus driver
certification or vehicle permit should be denied, suspended or terminated,
the Chief of Police shall provide notice to the operator or driver
and provide an opportunity for that person a defense prior to ordering
a denial or suspension or termination, except in cases of emergency
involving public safety, in which event such due process shall be
afforded subsequent to the suspension or termination. The person shall
have a right to appeal to the City Manager, if such appeal is filed
in writing within ten days of the order of denial, suspension or termination,
or the expiration of 30 days without a ruling, and such appeal shall
stay or abate the suspension or terminating until the City Manager
makes a final determination, except in cases of emergency as declared
by the Chief of Police when it is a matter of public safety. In the
event the Chief of Police or city manager fails to take action within
30 days, the requested action shall be considered to be denied by
the applicable Chief of Police or city manager. All hearings shall
be informal, providing the operation or driver with notice and an
opportunity to present to the Chief of Police, or city manager the
reasons or evidence in defense. In the event the City files a compliant
in the municipal court, or a petition in any other court, and the
defendant is afforded due process by the court, the procedure and
due process provided herein for administrative review shall not be
applicable. After denial, suspension or revocation of the driver certification
or vehicle permit by the city manager, the person may seek prompt
judicial review of such final administrative action in any court of
competent jurisdiction. An appeal to the appropriate court must be
filed within 21 days after the final decision by the city manager.
The determination by the court shall be based on the substantial evidence
rule. For purposes of this section, "day" means calendar day. The
above described procedures and regulations regarding notice, hearing
and appeal shall also apply regarding the termination or suspension
of the operator's franchise prior to the end of the term of the franchise
with the original hearing to be before the City Council and any appeal
to be court based on the substantial evidence rule.
(Ordinance 9577, sec. 9, adopted 6/28/2016)
