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HomeMy WebLinkAboutORD 10-MZX17 V11.L 114111VV.1U All ORDINANCE REGULATING THE OPERATION AND USE OF TAXICABS Oil THE PUBLIC STREETS OF THE CITY OF BEAUMONT, PROVIDING FOR LICENSING OF CHAUFFEURS, PROVIDING FOR BONDING OF TAXICABS, REPEALING CER- TAIN ORDINANCES, AND PROVIDING FOR A PENALTY• BE IT ORDAINED BY THE CITY COT81ISSION OF THE CITY OF BEAU1,IONT: SECTION 1. Definitions. (a) The term '"City" or "said City", as used in this orao dinance, shall mean the City of Beaumont, Texas. (b) The term "street" or "streets", as used in this or- dinance, shall mean and include any street, alley, avenue, boule. vard, drive or highway commonly used for the purpose of public travel within the incorporated limits of the City of Beaumont. (c) The term "taxicab", as used in this ordinance, shall mean every automobile or.motor-propelled vehicle used for the trans- portation of passengers for hire over the public streets of the City of Beaumont and not over a defined or fixed route, and irrespective of whether or not the operations extend beyond the city limits of said city, at rates for distance travel, or for exact time, or at a specified price, or for both, or at rates. per hour, per week, or per month, and such vehicle is routed under the directions of such pase- senger or passengers or such person or persons hiring the same. (d) The term "person", shall include both singular and plural, end shall mean and embrace any individual, firm, corporation, association, partnership or society. (e) The term "cruise" or "cruising" as used in this or- dinance, shall mean the movement of unoccupied taxicabs over the public streets of the City of Beaumont in search of or soliciting prospective passengers for hire; except, however, unoccupied taxi- cabs proceeding to answer a telephone call for taxicab service from an intended passenger, or taxicabs returning by the most direct route after having discharged a passenger or passengers, to the gar- age where such taxicab is housed or to the unoccupied stand nearest to the place of discharge of the passenger or passengers, shall not be considered to be cruising. SECTION 2. Taxicab .License. (a) It shall hereafter be unlawful for any person to operate a taxicab within the corporate limits of the City of Beau- mont unless and until a license therefor has been issued by said City, and no license certificate therefor shall be issued by the City until the onner or person in charge or control of such taxi- cab shall make application in writing to the City Commission of the City of Beaumont for such license, stating in such application the name of the owner or person by whom such license is desired, street address, type of motor vehicle to be used as a taxicab, the horse power thereof, factory number, seating capacity, according to its trade rating, the owner of said vehicle and the length of time for which said license is desired. Such application shall be sworn to by the applicant# (b) That if the applicant for a license be a c'orpora4 r tior�,. a.s'sociation or partnership-, such application shall be made by some: duly authorized officer of the corporation, association, N 9 _ _ and whether such company is a domestic or foreign corporation. If the applicant be a person operating under a trade name or a partner- ship, then such application shat state said trade name wider which the business is to be operated, together with its owners and their addresses, or the partnership name, together with the names of the partners and their addresses, A. separate application shall be made for a license for each taxicab that such corporation' association or partnership may desire to licensed (c) That when such application is filed with the City Com- mission, the applicant may be given a hearing as to whether .or not the license shall be granted, but no taxicab shall be licensed un- less the City Commission shall first declare by resolution that pub- lic convenience and necessity require the`operation of the proposed taxicab for which the application is made. (d) In determining whether public convenience and neces- sity require the licensing of such taxicabs for which application may be made, the City Commission shall take into consideration whether or not the demands of public convenience and necessity require such proposed or such additional taxicab service within the City of Beau- mont; the financial responsibility of the applicant; the number, kind, type of equipments, and the color scheme to be used by the ap« plicant; the increased traffic congestion on the streets of the City which may result, end whether the safe use of the streets by the pub- lic, both vehicular and pedestrian, will be preserved by the granting of such additional license, and such other relevant facts as the City Commission may deem advisable or necessary. (e) If the City Commission finds upon investigation and/or hearing that the public convenience and necessity will not be sub - served by the operation of the taxicab for Which the license is de. sired, such application will be denied and the City Clerk of the City of Beaumont shall give notice immediately to such applicant of the official action of the City Commission on said application* (f) If the City Commission finds upon investigation and/or hearing that the public convenience and necessity will be subserved by the operation of the taxicab for which the license is desired, such application shall be granted by resolution as provided in Sec- tion 2, paragraph (c) hereof, a certified copy of which shall forth"q with be delivered to the Tax Assessor and Collector of the City of Beaumont by the City Clerk, together with a copy of the application for such license. (g) If the Chief of Police has issued his certificate to the City Assessor and Collector of Taxes as provided for in paragraph (c) of Section 4 of this ordinance, and b efore any license or renewal of license to operate a taxicab shall be issued, the Assessor and Col- lector of Taxes shall examine the tax records and ascertain whether or not the ad valorem taxes assessed by the City of Beatiunont against the vehicle or vehicles and other equipment to be used in the busi- ness of .the applicant, have been fully paid. If said ad valorem taxes have not been paid, the Assessor and Collector of Taxes shall refuse to issue to the applicant such license or renewal thereof until all of said ad valorem taxes have been paid. If said ad valorem taxes have been paid, said Assessor and Collector of Taxes shall issue to said applicant for license, a license or renewal thereof for each and every vehicle as shown by the resolution of the City Commission .hereinabove referred tog and the certificate of the Chief of Police covering said vehicle or vehicles upon pay- ment ayment by said applicant of the license and inspection fees hereinw, after provided for. In no event shall a license certificate or metal tag be issued without the approval of the City Commission by resolution duly passed as hereinabove described, and if any license is issued without such action of the City Commission, said license shall be void and of no effect.. d►2� S.na.Ll Uebq,41btut) make of said vehicle, the engine number . of said -vehicle, and the motor license number of said vehicle, and shall state the amount of license tax paid for the operation of said vehicle, and shall further state that the owner or operator of said vehicle has deposited with the City of Beaumont an insurance policy, surety bond or securities for the protection of the passengers thereof, and of the general pub- lic as provided for in this ordinance, and said license shall be signed by the Assessor and Collector of Taxes and countersigned by the Mayor of the City of Beaumont. (i) Said :Assessor and Collector of Taxes shall also issue to said applicant a metal tag upon which shall be stamped the word 11taxicab11 and shall also have stamped upon it the words "City of Beaumont, Texas", and the number of said license and the year for which same is issued. ,U) It shall be the . duty of every owner of every taxicab N erated within the City of Beaumont, to render for ad valorem taxes the City of Beaumont all vehicles or other equipment used in such ah and a failure to render for and to pay such ad valorem taxy to the City of Beaumont before they become delinquent, shall opera,e as a revocation of any license or permit authorizing the operat,-on over the public streets, alleys and ways in the City of Beaumont, of any such taxicab* (k) No permit or license or renewal thereof, authorizing the operation of taxicabs on the streets, alleys and ways of the City of Beaumont, shall ever b e issued if any delinquent taxes are due the City of Beaumont. upon any taxicab on which said permit or license or rorx®wai thereon is 'sought, or if the owner thereof has failed to render same for ad valorem taxation*. (1) That if at any time any taxicab has been regularly licensed under the provisions of this ordinance, is to be withdrawn or replaced by another and different motor vehicle, the same may be done after making application to the City Commission subject to such rules and regulations as it may impose, and said City Commission' if it deems it wise and expedient, shall approve the withdrawal and sub— stitution of a neva machine and shall do so provided that the City Clerk and other officers have a complete record of such substitution and in order that a complete record may be secured regarding such substitutions, the City Commission is hereby authorized to -impose rules and regulations not inconsistent with this ordinance*. SECTIOiv 3. Taxicab License Feee (a) In order to defray part of the expense necessary to provide surveillance fees and inspection of taxicabs required under the terms and provisions of this ordinance and other ordinances of the City of Beaumont regulatory thereof there is hereby levied a license and inspection fee of Fifteen (4115.00) Dollars per annum for each taxicab so operated, which fee shall be collected from every person, firm or corporation operating taxicabs on the streets of the City of Beaumont by the Assessor and Collector of Taxes of said City before said license or renewal thereof is issued to said person, firm or corporation to so operate said taxi cabs® The first fee to be paid under this ordinance shall be payable on an annual basis and shall be due and payable for any year not later than the tenth day of January of any year, such fee to cover the calendar year. If a license to operate any taxicab is granted during a cur.. rent year, the fee shall be paid pro rata for the balance of the calendar year* •wri by another vehicle, as provided for in Section 2, paragraph (1), the operator thereof, upon the payment of an additional Three (4p3.00) Dollars transfer fee shall have the right to replace said taxicab with another, and upon written application to the City Commission the license fee theretofore paid on said taxicab so sold, wrecked or destroyed, or upon the taxicab desired to be withdrawn or re- placed, shall be applicable to the vehicle designated to replace such taxicab so sold, wrecked, destroyed or replaced, and the li- censee shall surrender the license certificate and the metal tag of the vehicle so sold, wrecked, destroyed or replaced before re- ceiving a new license certificate and metal tag, There shall not in any event be any refund of license fees paid under this ordinance. All fees hereinabove set out shall be paid to the Assessor and Col- lector of Taxes of the City of Beaumont, who shall issue a receipt therefor on a form to be prepared by him for that purpose, SECTION 4, INSPECTION OF TAXICABS (a) It shall hereafter be the duty of the Chief of Police to inspect every licensed taxicab licensed under the provisions of this ordinance, at least once a month, for the purpose of determin- ing whether said vehicle is in a safe condition to 'be operated as: a taxicab, and upon notifying the ovn er or operator of such taxicab or automobile for hire, said owner. of such vehicle shall submit said vehicle to the Chief of Police or to a person designated by the Chief of Police to inspect said vehicle at the time and place specified by the Chief of Police. If said officer, or person appointed by him' finds it to be in a safe condition, he shall paste a paper seal -of a type and design adopted by said Chief of Police on some portion of said vehicle, stating�the date said vehicle was inspected, and that said vehicle was approved by said officer. No taxicab shall be operated in the City of Beaumont without the approval seal of the Chief of Police or his inspector, being attached thereto. If said Chief of Police, or inspector appointed by him, finds that said taxi- cab is in a defective condition and it is unsafe to be used as a taxi- cab, he shall order said vehicle not to be used until said defect is remedied. After the owner of said vehicle has remedied said de- fect, he shall again offer same for inspection and if the said Chief of Police, or his inspector, shall find said vehicle to be safe for public use, he shall approve same as hereinbefore provided. If said vehicle is still in a defective condition, he shall order same to be not used until same passes the inspection of said officer or his in- spector. No taxicab found to be unsafe by the Chief of Police or his inspector shall be operated over the streets of the City of Beau- mont. Nothing herein, however, shall prevent the said Chief of Police from inspecting any taxicab at any time that he sees fit, and upon finding it to be in a defective condition, shall order its use as a taxicab discontinued until same is approved. (b) Should the Chief of Police or the inspector appointed by him, find any taxicab to be in a defective condition and order its use as a taxicab discontinued, the owner of such taxicab shall have the right to appeal to the City Commission of the City of Beau- mont within ten (10) days from the date of said finding and order' and said appeal shall be perfected by letter addressed to the Mayor and City Commission of the City of Beaumont, stating that an appeal from the ruling and order of the Chief of Police, or inspector ap- pointed by him, is desired. If any appealfrom such a decision of the Chief of Police is perfected as herein provided, the said de- cision of said officer shall not be suspended until passed upon by the City Commission. Upon receiving said appeal the City Commis- sion,, as soon as practicable thereafter shall hear such appeal and shall either sustain, modify or reverse the decision of the Chief of Police or -the inspector appointed by him; and shall forthwith, RMA cab for observance. If no appeal -r -is talten Brom sa2_cL aecas:Lon o.L the Chief of Police or inspector -appointed by him at the time, as provided herein$ the said decision of the Chief of Police shall be final®. (c) Whenever the City Commission by resolution passed$ as outlined in Section 29 paragraphs (c) and (f), has granted permission to any applicant for a taxicab license to place in service a new taxicab or to substitute a taxicab for one already in service, such. taxicab to be placed in service shall immediately be presented to the Chief of Police, or an inspector appointed by him$ for inspec- tion of the same, After said inspection if the Chief of Police or the officer appointed by him, shall find said vehicle to be in a safe condition for use as a taxicab, he shall immediately issue his,- certificate is`certificate to that effect to the Assessor and Collector of Taxes of the City of Beaumont. (d) Should the Chief of Police or the inspector appointed by him, find any taxicab to be in a defective condition upon inspec- tion as outlined in the above and foregoing paragraph (c) of this section, he shall refuse to issue his certificate as provided in said paragraph (c) and shall order said vehicle not to be used until said defect .is remedied. After the owner of said taxicab shall rem« edy said defect, he shall again offer same for inspection and if the said Chief of Police or his inspector, shall find said vehicle to be safe for public use, he shall then issue his certificate to the As- sessor and Collector of Taxes, as hereinabove provided. If said vehicle is still in a defective condition, he shall order same to be not used until same passes the inspection of said officer or his in- spector. In the event the Chief of Police refuses to issue his cer- tificate., as hereinabove provided on any taxicab presented to him for inspection$ the owner thereof shall have the right of appeal to the City Commission of the City of Beaumont under the same terms and procedure as set out in Section 4, paragraph (b) of this ordinance® SECTION 5. Public LiabilitZ surance or Bond or Deposit Securities.. (a) Before any license shall b e issued to any owner or operator of a, taxicab hereinbefore defined, or before any renewal of said licenses shall be granted, the owner or operator shall be required to file with the City Clerk of the City of Beaumont, and thereafter keep in full force and effect, a policy of public liw ability insurance executed by an ,insurance company duly authorized to do business in the State of Texas, and performable in Jefferson County, Texas, insuring the public against any loss or damage that may result to any person or property from the operation of such vehicle or vehicles provided the maximum amount of recovery in such policy of insurance specified shall not be less than the following sums.: For the injury to any one person or the death of any one person in any one accident, $2$500.009 For the injury to two or more persons or the death of two or more persons in any one accidents #59000.00 For the injury or destruction of property in any one accident, $1$000.00. (b) Provided, however, that such owner or operator of said taxicab, may in lieu of the aforesaid policy of liability insurance, file with the said City Clerk of the City of Beaumont a surety bonds performable in Jefferson Countys Texas$ payable to the Mayor of the City of Beaumont and his successors in office, wnlcn may be rendered against any person, firm or corporation for damages on account of death or injuries to property or person, in- cluding both passengers and the public occasioned by the operation of any such taxicab as hereinabove defined, and which bond shall be in an amount graduated according to the following scale: Where such person, firm or corporation owns or offers for hire only one such motor vehicle, such bond shall be in the sum of $6,000.00. Where such person, firm or corporation owns or offers for hire more than, one, but less than six such motor vehicles, such bond shall be in the sum of $12,500.00. Where such person, firm or corporation owns or offers for hire more than five, but less than twenty-one such motor vehicles, said bond shall be in the sum of $25,000.00. Where such person, firm or corporation owns or offers for hire more than twenty, but less than sixty-one such motor vehicles., said bond shall be in the sum of $37,500,00 Said bond of indemnity shall provide that the maximum amount of recovery on each vehicle named in said bond shall not be less than the following sums, i.e.: For the injury to any one person or the death of any one person in any one accident, .$2,500.00. For the injury to two or more persons or the death of two or more persons in any one accident, Tj;55000.00. For the injury or destruction of property in any one accident, $1,000.00. (c) Provided, however, that such person, firm or corm $oration may, in lieu of the aforesaid policy of liability incur. ante or the aforesaid bond as provided for by this ordinance, file with the City Clerk of the City of Beaumont, United States Govern- ment Bonds or United States Treasury Certificates, or bonds issued by the City of Beaumont, in the same principal amount as the surety bond provided for by this ordinance, and upon receipt of such security it shall be the duty of the City Clerk to issue a receipt therefor, a copy of which shall be furnished to the depositor and another to the City Commission of the City of Beaumont. (d) The above described public liability insurance, surety bonds and securities shall be for the protection of the passengers of said vehicles and for the public, but shall not cover personal injuries sustained by the servants, agents or em- ployees of the persons, firms or corporations so filing the same. The above described public liability insura-ice or surety bonds shall provide that suit may be brought thereon directly, and no person, firm or corporation having claim arising under such in- surance policies or indemnity bonds shall ever be required to pro- ceed against the owner of a taxicab, but in the first instance may sue such public liability insurance company or surety bonding com- pany by joining the owner of such taxicab. -6- (f) In the event of the return unsatisfied of any execu- tion issued on any final judgment , or on any judgment from which an appeal may be taken without bond, rendered against any such person, firm or corporation in any suit for damages on account of injury to person or property occasioned by the operation of any such motor vehicle, such person, firm or corporation, within ten days after the return of such execution unsatisfied, provided said judgment is still unpaid., shall increase the amount of bond by the amount of such judg- ment, and failing so to do shall forthwith cease the operation of motor vehicles in the City of Beaumont until such additional bond is deposited or such judgment - is paid. (g) In the event that the City Commission of the City of Beaumont shall determine, after a hearing duly had after three days' notice given a licensee, that any assurance given by any licensee has become impaired so as to afford less protection to the public than when originally filed, it may require a new or additional bond or public liability policy or additional securities so as to bring the protection of said assurance to its original amount, and the licensee or the person owning or operating any such motor vehicle shall within five (5) days after receiving written notice of such requirement provide the required new or additional bond, public li- ability policy or additional securities; failing which.. the license of said licensee shall automatically terminate. In the event that any surety or insurer may desire to be released from any insurance policy or surety bond, he may give written notice of such desire to the City Commission at least ten (10) days before he desires his liability released, and the City Commission of the City of Beaumont shall thereupon give mitten notice by personal delivery or by mail to any such licensee, and demand that said licensee furnish new as- surance by the expiration of the ten-day period above provided for, and shall discharge such first surety or insurer from any liability which shall accrue after the time of approval of such new bond or policy that said licensee may file or shall discharge such first surety or insurer after the expiration of said ten-day period; and provided further, in thew�ent any bond or policy be so cancelled upon the request of the surety or insurer and no new bond or insur- ance policy is filed by said licensee before the cancellation of said original assurance, then the license to operate taxicabs granted to said licensee shall be automatically revolved; and providing further neither said City nor any officer thereof shall b e held liable for the pecuniary responsibility_ of solvency of any such surety or insurer, or in any manner become liable for any sum on account of any such claim or act or omission relating to any such motor vehicle, nor -shall the liability of any person owning or operating any such motor vehicle be in any manner limited or changed in connection with this ordinance or such license or assurance, but the judgment creditors having causes of action secured thereby shall be authorized to sue directly on such bond or policy of in. surance without impleading the City of Beaumont; and all persons known_ to any surety or insurer to have been injured or damaged in the same accident and claim damages thereunder.. may be made parties without priority of claim on payment in any suit had or instituted on account of such matters, SEC T I Oil 6, Chauffeur's License. (a) From and after the passage of this ordinance, it shall be unlawful for any person to drive or act as a chauffeur of a taxicab within the City of Beaumont, Texas' without having secured a chauffeur's license duly issued to said person by the Chief of Police of the City of Beaumont, Texas. «7+ one (21) years or age, ana Sna1s oe a resladni, u -L. uiic v.Lv — Beaumont., Texas, and shall have operated a motor vehicle in and upon the streets of the City of Beaumont, Texas., for at least two (2) years prior to the filing of his application for a chauffeur's licensees i (c) Any person desiring to drive or act as chauffeur of taxicab in the City of Beaumont., Texas, shall file application for a chauffeur's license with the Chief of police of the City of Beau- mont., at the Police Station in said city' on application forms to be furnished by the Chief of Police. Said forms shall provide for the applicant's name, ages present addresso last address, last place of employment, whether the applicant has been convicted of a violation of a motor vehicle traffic or criminal law of the City of Beaumont or the State of Texas$ with a space sufficient for particulars con- cerning such violation or violations, if any, and the length of time the applicant has driven a motor vehicle. (d) After filling in the above described forms the ap- plicant shall sign same and shall swear to the truthfulness of the answers made in said application before .a notary public. After said application has been duly sworn too the applicant shall present said application to the Chief of Police at the Police Stations together with an affidavit from two reputable citizens of the City of Beaumont., Texas, stating the applicant to be a trustworthy, sober and reliable person, of good moral character and that said applicant is competent to operate a taxicab; and said application shall also be accompanied by a certificate from a reputable physician of the City of Beaumont., showing that said physician has examined said applicant and that said applicant is not disabled by reason of defective sight or hearings and that said applicant is not crippled in any of his limbs and that he has no ailment which would prevent said applicant from safely operating a taxicab® (e) Upon receipt of any application for a chauffeur's license, the Chief of Police shall satisfy himself that said appli- cant is qualified to operate a taxicab in the City of Beaumont. After said Chief of Police has examined the application and affi- davits and doctor's certificate accompanying said application and has investigated the applicant for his ability to properly operate a taxicab within the City of Beaumont., Texas, he shall either grant said application or refuse same® If said Chief of Police refuses any application, he shall immediately notify in writing the appli- cant at the last address given in said application. The applicaht. may appeal from the decision of the Chief of Police by giving notice in writing to the City Commission within five (5) days after the post -mark date of said letter denying his application. In the event said applicant appeals to the City Commission for a licenses the City Commission shall notify the applicant of the date the hearing on his application will be heard, and shall hear the application of said applicant for a chauffeur's license® After the City Commission has heard the application and the evidence in connection therewith, it shall either refuse or approve said application. In the event the City Commission approves the application, it shall order the Chief of Police to issue a license to said applicant. (f) If the application of a person is granted either by the Chief of Police or by the City Cormdssion, the Chief of Police shall irpmediately notify said applicant by a letter in writings ad- dressed to said applicant at the last address shown on the applica- tion. Within three (3) days after the post mark date of said letter, said applicant shall furnish to the Chief of Police two recent, true photographs of said applicant, said photographs to -be not less than one and one-half by one and one-half (lift x 1111) inches, nor greater than two by two (2 x 2t1) incises in sizes one of which photographs —8" sJ-URL1. rye r1rmly affixed to the license to be -l issued to sai.d applicanto The license issued to said person shall be numbered, shall have near the top of said license the words ""City of Beaumont Chauffeur's License"S, and shall state the year for-which said license is issued. Said license shall further state the name, address, age, height, weight and color of eyes and hair, and state that the party named on said license, whose picture is shown on the face thereof, is a duly licensed driver of a motor vehicle in the City of Beaumont, Texas, and said license shall further provide a space for the sig- nature of the said licensee which signature shall be affixed on said license in the presence of the Chief of Police at the time said li- cense is delivered to said licensee. All licenses shall be signed by the Chief of Police of the City of Beaumont, (g) Said license shall be kept by the licensee under a celluloid cover and while said licensee is driving or acting as a chauffeur of a taxicab, said license shall be so displayed in the taxicab which he is driving so as to be easily seen by any and all passengers in said vehicle. (h) It shall be a violation of this ordinance for an per- son holding a chauffeur's license hereunder to fail to have same is - played in the manner stated in Paragraph (g) of Section 6 hereof at all times in the motor vehicle which he is driving and which he is acting as chauffeur thereof® (i) It shall be a violation of this cense disn pired. or for a person to drive a taxicab with a chauffeur's license which has son (j) All licenses issued by the Chief of Police under this ordinance shall expire on December 31st of the year in which same are issued. (k) ,Any chauffeurss license issued by the City of Beaumont under the terms of this ordinance may be either revoked or suspended by the Chief of Police for a violation of the ordinances of the City of Beaumont or the traffic laws of the State of Texgs by the holder of said license, and said license may also be revoked or suspended if the holder thereof is negligent or careless in the operation of a taxicab. Upon revoking or suspending any license the Chief of Police shall notify in writing the licensee whose license is revoked or sus- pended, and said Chief of Police shall immediately take up said li- cense so revoked or suspended. Within five (5) days after revocation or suspension of the license, the party whose license has been revoked or suspended may appeal to the City Commission of the City of Beaumont for reinstatement. The City Commission shall give the part so a . pealing a hearing, and after a hearing, shall either sustain or re- verse the actions of the Chief of Police in revoking or suspending said license. If the action of the Chief of Police is sustained by the City Commission, the revocation or suspension of said license shall stand. If the action of the Chief of Police is reversed, the license shall be returned to said licensee immediately. (1) It shall be a violation of this ordinance for any per. son, firm or corporation or any agent thereof, to employ or permit a person to drive a taxicab owned by such person, firm or corporation, who does not have a valid and subsisting chauffeur"s license issued by the Chief of Police of said City for the current year, and said per. son, firm or corporation operating a taxicab or any agent thereof, upon employing any driver of such a vehicle shall require said driver to produce a chauffeur"s license issued by the City of Beaumont for the current year. Upon employing a driver for a taxicab the person' firm or corporation owning such vehicle or the agent or agents there• of so employing, shall immediately notify the Chief of Police of the name of said driver and the license number of the license which said dr -fiver holds. If a driver of a taxicab is discharged by a person, yg" ing une cniei vi rus Lc,o L­ U"� -- state the reason or reasons for said discharge* Upon receipt of a notice of the discharge of the driver of the taxicab, the Chief of Police shall investigate the reasons for such dismissal., and after completing said investigation may, if he deems it advisable, revoke or suspend the license of the driver so dismissede Said licensee may appeal from the action of the Chief of Police to the City Commission who shall either sustain or reverse the action of the Chief of Police. (m) It shall be a violation of this ordinance for any person, firm or corporation owning one or more taxicabs to con- tinue in its employment for the driving of such vehicle or vehicles any person whose license issued by the City of Beaumont has been either revoked or suspended. (n) A licensee may renew his license upon expiration thereof by filing with the Chief of Police an application for re- newal upon forms to be furnished by said Chief of Police, and shall furnish two recent photographs of himself of the dimensions here- tofore set out in Paragraph (f) of this Section, and shall furnish a certificate from a physician of the City of Beaumont showing that he is physically capable to safely operate a motor vehicle for hire. (o) No fee shall be charged for the issuance of any chauffeur's license or a renewal thereof by the City of Beaumont* SECTION 7. (a) All taxicab fare charges must be based on and con- form to rates adopted by the City Commission of the City of Beau- mont and posted by said Commission with the Clerk of the City of Beaumont. Said City Commission may change said rates after ten (10) days notice in writing to all owners of licensed taxicabs within said City of Beaumont. (b) There shall be posted in a conspicuous place in a frame with a transparent cover ontheinside-of each licensed taxicab, in addition to the license required by this ordinance, a card showing the rates charged by said taxicab. (c) No taxicab for which a license shall have been is- sued, shall be operated by anyone except the licensee thereof or an employee of the licensee. (d) No license issued under the terms of this ordinance shall be transferred to any other person, nor shall such license be used for the operation of any other vehicle except for the vehicle for which said license is issued. (e) The license issued for the operation of a taxicab under the terms of this ordinance shall be posted within said taxicab in a conspicuous place and it shall be a violation of this ordinance for a failure to do so. (f) The metal tag issued by the Assessor and Collector of Taxes shall be securely affixed to the front of the radiator of said taxicab in a conspicuous place, and it shall be a viola- tion of this ordinance for a failure to do so. (g) Every taxicab shall have painted on the door of said cab the name of the owner, or the fictitious name under, which the owner operated, together with the companyts telephone number and the city license number of said taxicab, and further provided that said number of the cab and telephone number of the owner shall be painted upon the rear of any such vehicle. All of the lettering .L11 V" - . . vsa v ✓ - (h) It shall be unlawful for any person to refuse to pay the legal fare of any of the vehicles mentioned in this ordinance after having hired the same, and any person who shall hire any vehicle herein defined with the intention to defraud the person, from whom it is hired, shall be guilty of a misdemeanor* (i) All drivers of taxicabs shall promptly deliver to the Police Department all property left in such vehicles by passengers. Whoever violates. the provisions of this Section shall be guilty of a misdemeanors (j) When articles left in taxicabs have been delivered to the office of the Chief of Police, he shall make an entry of the fact in a book provided for that purpose, and shall keep all such articles until claimed by the owner, or as the City Commission may authorizes (k) No driver shall cruise in search of passengers at any time and whenever a taxicab is unoccupied, the driver shall proceed at once by the most direct route to the garage where the vehicle is housed, or to the nearest stands (1) It shall be unlawful for any driver or operator & any taxicab or for any other person to seek or solicit patrons or passengers for any such taxicab by word or by sign, directly or in -- directly, Yrhile driving any such taxicab over, through, or on any public street or public place of the City ,of Beaumont or while same is parked on any public street or alley of the City of Beaumont, Texas, or to repeatedly or persistently drive any taxicab thro-ash, over or on any public street or place of the City of Beaumont, Texas' except in response to calls by patrons for said taxicab while actually transporting passengers therein, (m) All drivers of taxicabs shall be duly licensed chauffeurs under the general laws of the State of Texas, and shall also be li- censed by the City of Beaumont, as hereinbefore provided* (n) If any owner, driver, licensee, or operator of any taxicab shall refuse to convey a passenger at the rate specified on the rate card displayed in said taxicabs or shall demand or receive an amount in excess of the rates displayed on said card, he shall be guilty of a misdemeanor, (o) It shall be unlawful for any person or persons in any passenger depot, or upon any passenger depot platform, or upon any sidewalk or street in front of any depot of any railway com- pany within the City of Beaumont, Texas, to solicit or cry out for passengers for any hotel or other place or to solicit or call to or request any person or persons to become passengers for or to any hotel, railroad depot or any other place within or without said City. (p) It shall be unlawful for any person or persons to speak or to call out in a loud manner; "taxicab", "automobile for hire", "hack", "carriage", 'bus", "baggage" or a°hotel", or in any other manner.attempt to solicit.passengers.at any passenger depot or upon any passenger depot platform, grounds or premises of any railroad company, or upon any sidewalk or street in front of any passenger depot of any railroad company within the City of Beaumont* (q) -(l) When any licensed taxicab is at any depot within the City of "Beaumont, it shall be unlawful for the driver or person in charge thereof to leave the same and enter the depot or go upon the sidewalk or private property of any railroad company for the purpose of 4oliciting the transportation of any passenger or pas- sengers arriving on the trains at said depot* leave their vehicles when actually n.ecu50a to enter or leave same, or in case of any accident, necessity or emergency beyond the control of such driver or chauffeur. (r) No driver or owner of any taxicab licensed under the provisions of this ordinance shall permit or allow, more persons to ride in said vehicle than is provided for by itsnormalo� eats g capacity; nor shall any such driver or owner permit person to ride in the front seat of any taxicabeforehire., at any; while engaged in the business of carrying persons time when there is unoccupied and available any seatithe rear of such vehicle, and in no event shall more than one person tion to the driver, be permitted in the front seat of said taxicabo (s) It shall be a violation of this ordinance for any person Licensed as a chauffeur hereunder to remain on duty as a chauffeur or operator for more than twelve (12) hours per days SECTION 8., Exemptions from Penalties, (a) any persons firm or corporation operating taxicabs in the City of Beaumont as herein defined, and prior to the pas- sage and approval of this ordinance, shall aslhereinlpro� 1939 within which to make application for permits videds and to otherwise comply with the requirements of this or- dinance, and no fines or other penalties shall be assessed against orporations, associations or partnerships such persons, firms; c until from and after June lst, 1939. (b) Any person driving a taxicab as herein defined' and prior to the passage and approval of this ordinance; shall have un- til June 1st, 1939 within which to make application for a chauf- feur°s license as herein provided, and to otherwise comply with the provisions of this ordinance, and no fines or other penalties shall be assessed against such persons until from and after the first day of Junes 19390 SECTION 9. Penalty. Any person' firm, corporations association; partnership or society violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Five (t5,00) Dollarss, nor more than Two Hundred ($200.00) Dollars, and each day such viola- tion continues shall constitute a separate offense• SECTION 10. Saving Clause. If any section, or provision of any section of this or- dinance shall be held to be,void, ineffective or unconstitutionals the holding of such section or provision of any such section to be constitutional for any cause whatever, shall void, ineffective or un not affect the validity of the remaining sections and provisions of this ordinance. SECTION 11. Ordinances Re ems. All ordinances or parts of ordinances in conflict here- with shall be, and hereby are expressly repealed. a.124 ( UI31u.La-ulve. This ordinance shall be cumulative of all ordinances of the City of Beaumont, and of all lams of the State of Texas. PASSED and approved this the ,day of A.D. 1939. • MAYOR