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HomeMy WebLinkAboutORD 05-073 ORDINANCE NO. 05-073 ENTITLED AN ORDINANCE REPEALING SECTIONS 29-42 (d) AND 29-43 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT AND ADDING A NEW SECTION 29-42 (d);AND AMENDING SECTIONS 29-40,29-42(c),29-44,29-50 (b) (d) AND (e), 29-51 (d) (e) AND (f) AND 29-52 (b); PROVIDING FOR A CHANGE IN THE DEFINITION OF CHIEF OF POLICE; PROVIDING FOR AN ANNUAL COMPANY LICENSE FEE OF $100 AND AN ANNUAL VEHICLE PERMIT FEE OF $75; PROVIDING FOR THE ELIMINATION OF AN AUTOMATIC RENEWAL OF PERMITS; PROVIDING FOR THE ELIMINATION OF A GROSS RECEIPTS PERMIT FEE; PROVIDING FOR THE ELIMINATION OF THE REQUIREMENT TO FILE A SWORN STATEMENT OF MONTHLY RECEIPTS; PROVIDING FOR THE ELIMINATION OF THE REQUIREMENT OF AN INSPECTION BY A COMPETENT MECHANIC; PROVIDING FOR THE ELIMINATION OF THE REQUIREMENT FORAN APPLICANT FOR A CHAUFFEUR'S LICENSE TO PROVIDE A CERTIFICATE OF NO AILMENTS FROM A REPUTABLE PHYSICIAN OF THE CITY; PROVIDING FOR AN INCREASE IN RATES AND FARES AND THE ELIMINATION OF A SEPARATE FARE FOR TAXI CABS HIRED ON AN HOURLY BASIS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Section 29-43 be and the same is hereby repealed. Section 2. That Section 29-40 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to amend the definition of Chief of Police to read as follows: Section 29-40. Chief of police: Shall be the duly appointed chief of the police department or his/her designee. Section 3. That Section 29-42 (c) be and the same is hereby amended to read as follows: Sec. 29-42. Same--Notice of filing application; determination of public convenience and necessity; issuance; denial; renewal; transferability. (c) All permits issued hereunder shall commence January 1 of each year and expire December 31 of such year. The annual company license permit fee shall be $100. The annual fee for each permitted vehicle shall be $75; and, That Section 29-42 (d) be and the same is hereby repealed and a new Section 29- 42(d) be enacted to read as follows: (d) The permits issued under this article shall be deemed personal to the holder thereof and shall not be transferable or assignable. Section 4 That Section 29-44 of the Code of Ordinances be and the same is hereby amended to read as follows: 29-44. Same—Bookkeeping; failure to file statement or pay fee. The permit holder shall be required to install and adequately maintain a system of bookkeeping which is subject to the approval of the finance officer of the city, which books shall be subject to inspection of such person as the city manager may designate, to verify the accuracy of amounts that maybe due the city. Any neglect, omission or refusal by the permit holder to do so shall act as a forfeiture of such permit. Section 5. That Section 29-50 (b), (d) and (e) of Ordinances be and the same are hereby amended to read as follows: Sec. 29-50. Condition of vehicle; inspections. (b) The inspection of such taxicab shall be made by the chief of police. (d) Upon notifying the owner or operator of such taxicab that it is not in a safe condition, the same shall not be used as a taxicab until the defects found are corrected and such taxicab is reinspected and found that it is in a safe condition by the chief of police,who shall paste a paper seal of a type and design approved by the chief of police upon the windshield of such vehicle certifying that the taxicab was approved by such inspector. No taxicab shall be operated in the city without such a valid approval seal attached thereto. (e) At no time shall any taxicab that is found to be unsafe by the chief of police be operated over the streets of the city. Section 6. That Section 29-51 (d), (e) and (f) of the Code of Ordinances be and the same are hereby amended to read as follows: Sec. 29-51. Chauffeur's license. (d) After filling in the above described form, the applicant shall sign same and shall swear to the truthfulness of the answers made in such application before a notary public. After such application has been duly sworn to, the applicant shall present such application to the chief of police at the police station, together with an affidavit from two reputable citizens of the city, stating the applicant to be a trustworthy, sober and reliable person, of good moral character, and that such applicant is competent to operate a taxicab. (e) Upon receipt of any application for a chauffeur's license, the chief of police shall satisfy himself that such applicant is qualified to operate a taxicab in the city. After the chief of police has examined the application and has investigated the applicant for his ability to properly operate a taxicab within the city, he shall either grant such application or refuse same. If the chief of police refuses any application, he shall notify the applicant either personally or at the last address given in such application. The applicant may appeal from the decision of the chief of police by giving notice in writing to the city manager(or his designee)within ten (10) days after notification. In the event such applicant appeals to the city manager (or his designee) for a license, the city manager (or his designee) shall notify the applicant of the date the hearing on his application will be heard, and shall hear the appeal of such applicant for a chauffeur's license. After receiving the evidence in connection therewith, the city manager (or his designee) shall either refuse or approve such application. In the event the city manager (or his designee)approves the application,the city manager(or his designee)shall order the chief of police to issue a license to such applicant. (f) If the application of a person is granted either by the chief of police or by the city manager(or his designee),the chief of police shall immediately notify such applicant by letter addressed to such applicant at the last address shown on the application. Within three (3) business days after the postmark date of such letter, the applicant shall furnish the chief of police two (2) recent, true photographs of such applicant, such photographs to be not less than one and one-half (1 Y2) inches by one and one-half (1 Y2) inches, nor greater than two (2) inches by two (2) inches, in size, one of which photographs shall be retained by the chief of police with the application and affidavits, to be kept by the chief of police as a permanent record. The other picture shall be firmly affixed to the license to be issued to the applicant. The license issued to such person shall be numbered, shall state the year for which such license is issued. Such license shall further state the name, address, age, height, weight and color of eyes and hair, and state that the party named on such license, whose picture is shown on the face thereof, is a duly licensed driver of a motor vehicle in the city, and such license shall further provide a space for the signature of the licensee,which signature shall be affixed on the license in the presence of the chief of police at the time such license is delivered to the licensee. All licenses shall be signed by the chief of police. Section 7. That Section 29-52 (b) of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 29-52. Rates and fares--Amounts; regulations. (b) (1) The rate or fare of either one or two (2) passengers shall be two dollars ($2.00) for the first one-tenth ( 1/10) mile or fraction thereof and twenty cents ($0.20) for each one-tenth ( 1/10) mile or fraction thereof traveled thereafter. The rate for additional passengers shall be one dollar ($1.00) per passenger, not to exceed the vehicle's maximum seating capacity, according to trade rating. (2) For each one minute of waiting time consumed by the taxicab at the instance of the passenger, the rate shall be thirty cents ($0.30). Section 8. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 9. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 10. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of September, 2005. JMOM� to / � V f W - Mayor Guy N. Goodson - lf,,�a AIN'�,��