HomeMy WebLinkAboutORD 11-Vb" ?, p'u��,, (t*_4_1 - � - 9
AN ORDINANCE
AN ORDINANCE REGULATING TAXICAB TRANSPORTATION,
DEFINING TERMS) PROVIDING FOR ENFORCEMENT,.RE-
QUIRING PERMIT AND INSPECTION REQUIRING.CERTI-
FICATE OF PUBLIC CONVENIENCE IND NECESSITY
REQUIRING STATE CHAUFFEUR.tS LICENSE SPECIFYING
RATES AND FARES TO BE -.CHARGED, REQUIRING INSUR-
ANCEREQUIRING SPECIFIED SIGNS ON TAXICABS,
REQUIRING PAYMENT OF AD VALOREM TAXES,.REGULAT-
ING LENGTH OF TIME DRIVER MAY DRIVE, REGULATING
CRUISING AND_CALLING PROVIDING FOR TAXI METERS,
PROVIDING FOR REVOCA+ION OF.TAXI LICENSE SPEC-
IFYING.PERMIT FEE, REQUIRING.PASSENGERS 10 PAY
FARE, PROVIDING FOR PENALTIES, PROVIDING A SAV-
INGS CLAUSE,.AND.PROVIDING.A REPEALING CLAUSE.
BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS:
Section 1: DEFINITIONS. -
(a)- The term "city" or "said city" as used in this
ordinance shall mean The City of Beaumont, Texas.
(b) The term "street" or "streets" as used in this
ordinance 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,
Texas.
(c) The term "taxicab" as used in this ordinance shall
mean every automobile or motor -propelled vehicle used for transpor-
tation of passengers for hire over the public streets of The City
of Beaumont, Texas, and not over a defined or fixed route, and ir-
respective of.whether or not the operations extend beyond the city
limits of said City, at rates for distance travelled, or for wait
time, or for both, or at rates per hour, per week, or per month,
which such vehicle is routed -to destinations under the direction of
such passenger or passengers, or such person or persons hiring the
same; provided, however, the term "taxicab" shall not apply to
motor buses operated within The City of Beaumont under a franchise
from The City of Beaumont, over a fixed or definite route, nor
shall:said term apply to motor buses regularly operated in,The City
of Beaumont along fixed routes to and from points outside the in-
corporated limits of The City of Beaumont, Texas, nor shall said
term apply to motor vehicles operated under.a permit or certificate
of the Railroad _:Commission of the State of Texas or the Interstate
Commerce Commission.
(d) The term "person" shall include both'singular and
plural, and,.shall-mean and embrace any individual, firm, corpora-
tion, 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, and taxicabs returning to taxi stand or -sub -
taxi stand, by the most direct route, after having discharged.a
passenger or passengers, to the place where such taxicab is housed
or to the place of discharge of the passenger or passengers, shall
not be considered to be cruising.
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(f) The term "owner" and the term "taxicab operator"
when used in this ordinance shall be construed._to mean any person,
firm, corporation,. association, partnership or society who has the
control, direction,maintenance and the benefit of'the collection
of revenue derived -from the operation of taxicabs on or over the
streets or public ways of The City of Beaumont, whether as owner
or otherwise, except "driver's as hereinafter defined.
(g). The term "driver" or -"chauffeur" as used in this
ordinance shall be held to include every person -in actual charge
of the operation of a taxicab, as herein defined,.whether as owner
or agent, servant or employee of the "ownert4, as herein defined.
(h) The term "taximeter" as used in this ordinance
shall mean a machine adapted automatically to calculate, at a pre-
determined rate or rates, and to register9 the- d'harge for hire of
a taxicab and such changes shall be indicated .by means of figures.
(i) The term "waiting time" as used in this ordinance
shall mean such''time as may be consumed or lost.at the special
instance and request of a passenger after such passenger has first
entered the taxicab to make a trip and before reaching his final
destination; and no charge shall be made against a passenger for
any time lost on account of any other delay whatsoever.
0) The term "terminal" as used in this ordinance shall
mean and include..the'taxi-depot at -which place the taxicabs shall
be housed or parked, and at which place the telephone calls and re-
quests for service shall be made, and at which place a dispatcher
shall control the movements of the taxicabs to the points of re-
quest for taxicab service; this term shall likewise be synonymous
with taxi terminal and shall mean and embrace that space and area
of land and buildings off - of the streets of The City of Beaumont,
and upon private property, and shall be and constitute the main of-
fice of the owner and taxicab operator.
(k) The term "taxi sub -terminal" as used,in this ordi-
nance shall.mean.-and include any place other than a taxi terminal
in which the drivers or chauffeurs of taxicabs shall receive calls
from a dispatcher and said calls are relayed from.a taxi terminal
or taxi stand, and which shall likewise mean and embrace the space
and area used by taxicabs while waiting for passengers.
(1) The term "license to'operate'E as used in this ord-
nance shall--mean.authority granted by the City'Council of The City
of Beaumont, Texas, -upon a finding that public convenience.and
necessity so require it, to operate a taxicab,or taxicabs and shall
authorize such operator of a'taxicab or taxicabs to engage in,the
business of transportation by taxicab.
(m) The term "public convenience and necessity" as used
in this ordinance shall mean a public convenience which is. -fitting
and suited to public need, and.a public necessity which embrace a
great and urgent public convenience. This term as applied to a
proposed service by an applicant shall -mean that applicant is fit,
able and willing to perform transportation by taxicabs in accordance
with4 the requirements of this ordinance and that public convenience
and necessity require the service proposed by such applicant.
Section 2! ENFORCEMENT. - It shall be the duty of the Chief of Police
an e o ce spar went ofo iceCyowerf andaallnprovisionstof this
Ce
this ordinance under their p P
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ordinance and all amendments to this ordinance with respect to any
violation of the ordinance and to the regulations of -taxicabs in
The City of Beaumont, Texas.
Section 3: PERMIT. - I shall be unlawful for any person to drive
or operate or cause to.be driven or operated, any taxicab upon, or
over, any street in the City, unless and until.a permit therefor
has been issued by the Tax Assessor and Collector of the City. No
permit certificate therefor shall be issued by the City until the
owner or person in charge or control of such taxicab shall make ap-_
plication in writing to the City Council for such permit, on blanks
to be furnished by the City Clerk, stating in such application the
name of the owner, or Person,by whom such permit is desired, his
street address, the type of motor car to be used as a taxicab; the
horsepower thereof, the factory number, antr motor number there-
of, the -seating capacity, according to its rade rating, the owner_
thereof, and such other relevant information as may be deemed ad--,-
visable and necessary by the City Council of said City. Such appli-
cation shall be signed and sworn to by the applicant.. If.,the appli-
cant for a permit be a corporation' such application shall be made
by some'duly authorized officer of the corporation, and shall state
whether it is a foreign or domestic corporation, its address and
place of business; its officers and their addresses, and its correct
corporate name; if the applicant for a permit be a partnership, or
associ
require the proposed taxicab service for which the application is
made. Upon the filing of an application for a permit to operate
taxicabs; the.City Clerk shall give at least five (5) days notice
by one publication in the official organ of the said -city, of the
filing of such -application and that same.shall be heard at the
next reggular meeting of the City Council of said City, provided
said notice may be given for the length of time herein provided
for before the next regular meeting, and if not, then notice shall
state that it will be heard at the following meeting.
In determining whether public convenience and necessity
require the.permits of such taxicabs for which application may be
made, the City Council shall take into consideration whether the
demands of publi-c convenience and necessity require such proposed
or such additional taxicabs, or taxicab, within the city; the.
financial. responsibility of'the applicant; the number, kind and
type of equipment to be used the increased traffic congestion on
the streets of the city whi. might result; whether the safe use
of the streets by:the public, both vehicular and pedestrian, will
be preserved by the granting of such additional permits; and such
otherrelevant facts as the City Council may deem advisable or nec-
essary.
If the City Council finds from investigation or hearing
that public convenience and necessity will not be served by .the
operation of the taxicab or taxicabs for which tha permit is desired,
such application shall be denied and theCity Clerk ,shall immediate-
ly give. -notice to ,the applicant of the action of the City Council..
It shall be unlawful for the owner of any -,taxicab to
operate the -same where a permit has not been issued therefor under
the provisions of this ordinance and a violation of -this section
shall be sufficient reason to revoke the permit of such owner or
operator with respect to any other taxicab. After the application
to operate a taxicab or taxicabs upon or over the streets of The
City of.Beaumont has been granted, in-accordafice with this ordinance,
it shall.be the duty of the Tax Assessor and Collector to issue a
permit therefor to such applicant. All permits issued hereunder
shall run for the calendar:year.
Each permit issued hereunder may be renewed from year to
year by the -holder of said permit provided same has not been can-
celled by the City Council for any violation under this ordinance.
The permits issued under this ordinanceshall be deemed personal to
the holder thereof and shall not be transferable or assignable ex-
cept.by permission of the City Council of The City of Beaumont. '
All holders of valid legally issued taxi permits which
are actually and Legally being operated by the holder thereof on the
effective date of this ordinance shall have the right to secure the
same number of such permits that they are so holding and using, by
accepting all the terms and provisions of this ordinance and by com-
plying with the same, and it will not be necessary for these holders
to file application for public hearing and necessity, but the City
Council shall have the right to issue such permits upon hearings
already held and had.
Section :CHAUFFEUR'S LICENSE. - No person shall drive a taxicab
upon the streets.,o T e City_ o Beaumont unless such p= person oper-
ating such taxicab shall first obtain a chauffeur+s license as re-
quired by the laws of the State of -Texas
Section 6 - RATES 'AND FARES TO BE CHARGED.-- The City Council of The
City of Beaumont shal have the -right to.change'or.establish the rates
and fares to be charged by taxicabs in. The City of Beaumont at any
time it deems necessary by resojution. Until. otherwise changed by the
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City Council the following taxicab rates and fares shall be effect-
ive in The City'of Beaumont:
(1). The rate or'fare for one passenger shall be thirty-
five (35¢) cents. for the first one mile, or fraction thereof,
traveled by him, and five (51) cents for each additional one-quarter
mile, or fraction thereof,, -,traveled by him, and for each additional
passenger transported on the same trip from the same point of ori-
gin the charge shall be ten (10¢) cents for each additional passen-
ger, regardless of the distance traveled.
(2) For each one minute of waiting time consumed by
the taxicab ab. the instance of the passenger, the rate shall he five
(5¢) cents.
(3-) Whenever a taxicab is engaged on an hourly basis,
whether for. -,one or more passengers, the fare shall be three dollars
03.00) for each and every hour. For each quarter hour in excess
of.eaeh completed hour the rate shall be -seventy-five (75¢) cents
for each -quarter hour the taxicab is so engaged.
Passengers shall not be allowed to ride in the front seat
with the driver except when the number of passengers makes it neces-
sary and no taxicab shall be operated at any time with a passenger .
.or passengers unless said meter on said taxicab is correctly operat-
ing and showing the. rates that are,being charged. If at any time
said taximeter stops or fails to operate or is operating incorrectly
it shallbe the duty of the operator of said taxicab to immediately
take said taxicab to its terminal and not operate the same until
said meter has been fixed and adjusted.
It shall be the duty of the operator of each taxicab under
this ordinance to have the taximeter inspected at the same time said
car is inspected by the City to see that same is in good working or-
der and free of mechanical defects. The City.shall have the right
to inspect said taximeter at any time. -it so desires.
Any person violating any of the provisions of this section
shall be deemed guilty of a misdemeanor and the Chief of Police
shall have the power and authority to cancel the license of the per-
son so operating said taxicab in violation of this section.
Section 7 TERMINALS._- Every operator of a taxicab shall maintain
within tht ciGy_nmits of The City .of Beaumont off-street termina-1
of sufficient size to accommodate all of the ownerts taxicabs.. Sub -
taxi stands at hotels, depots and other places shall be designated
by the Director of Traffic Planning and Maintenance.
When any taxicab is at any rail or bus 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, air field or
bus station for the purpose of soliciting the transportation of.any
passenger or passenjgers_arriving on the trains or buses at said depot.
The drivers of taxicabs using sub -terminals shall remain
seated in their vehicles at all -times while such vehicle is at a
public stand, provided, however, such drivers may leave their vehicles
when actually necessary to assist passengers to enter or leave same,
or in any case of accident, necessity, or emergency beyond the con-
trol of such driver.
The form and type of a terminal shall be of such a nature
as best meets public convenience and necessity and affords a safe,
sanitary and lawful operation of transportation by taxicabs. The
site, location, type of proposed buildings and the sanitary condi-
hall be reflected in an application to the
tions of the taxi stand s
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City Council. The equipment, site and place of a terminal must be
found by the Director of Traffic Planning and Maintenance to best
meet public convenience and necessity prior to an authorization to
a permit -holder to operate such terminal. An affirmative finding
in favor of applicant, reflecting adequate sufficiency of the place
of any off-street terminal.shall be considered as having an estab-
lished prima facie case thereon, upon it appearing within the appli-
cation that the operator of taxicabs is presently operating for his
own exclusive use such off-street terminal now being operated in
the commercial areas of The City of Beaumont.
Section 8: INSURANCE. - Before any permit shall be granted under
this or inance,.t a operator of taxicabs shall procure and furnish
and file with the City Clerk a policy of insurance covering public
liability and property damage in the standard amounts and of the
standard provisions of such public liability and property damage
insurance and by a public liability insurance on each and every auto-
mobile to be operated by such operator of a taxicab with the minimum
amounts of liability thereunder as follows:
Twenty-five hundred ($2500.00) dollars for any one single
personal injury or any one person. .11
Five thousand (65,000.00) dollars for personal injuries
in any one single accident.
One thousand ($1,000.00) dollars property damage for any
one single accident.
Said insurance policy to be approved by the City Attorney
of The City.of Beaumont and said insurance policy shall be one is-
sued by a company of sufficient assets with an agent at Beaumont,
Texas, upon whom service of process may be made. This policy is for
the protection of the public that might be injured.by the operation
of said taxicab.
Section : SIGNS. - Every taxicab shall have printed on each side
and in the rear of said taxicab the name of the owner or the assumed
name under which the owner operates, together with the Company's
telephone number and the cab number. All of the lettering mentioned
in this paragraph shall not be less than two and one half (22) inches
in height and not less than five sixteenths (5/16) inch in -stroke and
such paint shall be either enamel or oil paint that will weather
the elements and must be kept legible at all times.
Section 10: AD VALOREM TAXES. - It shall be the duty of every owner
of a taxica t at_is_.operate_ in the city limits of the City to pay
all ad valorem taxes assessed by the City against such vehicle and
other equipment used in such business ._and a failure to pay such ad
valorem taxes before they become delinquent, shall operate as a revo-
vation of the permit issued in accordance with this ordinance.
Section 11: NO MORE THAN SIX PERSONS TO RIDE IN TAXICAB. - No driver
or owner o: any taxica , .cense under e.proves ons o this Article
shall permit or allow more than six (6) persons to ride in said taxi-
cab; and in no event shall more than -two (2) persons, in addition to
the driver, be permitted to ride in the front seat of said taxicab.
Section 12: LENGTH OF TIME DRIVER MAY OPERATE CAB...- It shall be
unlawfu for t e, river.o any.taxica to rive the same continuously
for more than twelve (12) hours, and no oviner of any taxicab or taxi-
cab permit shall permit any driver of any taxicab to be on continuous
duty, as a driver, for a greater period than twelve (12) hours.
Section 13: - No driver shall cruise; as defined herein at any time
and whenever a taxicab is unoccupied the driver shall proceed at once
by the most direct route to the Vgarage where the vehicle is housed
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or to the nearest stand; or if dispatched by radio, it shall proceed
at once by the most direct route to place directed by the radio dis-
patcher.
Section 14. - It shall be unlawful for any driver or operator of
any =Ea 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, while 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 through,
over, or on, any public streets or places of The City of Beaumont,
Texas, except in response to calls -by patrons,for.said taxicab or
while actually transporting passengers therein.
Section 15. - If any owner, driver, or operator of any taxicab shall
refuse to convey a passenger. at the rate specified on the rate card
displayed in said taxicab or shall demand or receive an amount in
excess of the rates displayed on said cards, he shall be deemed guilty
of a misdemeanor.
Section 16. - It shall be unlawful for any person or persons to speak
or to . a bout in a loud manner "taxicab" "automobile for hire's,
tthacktt, ttcarriagett, ttbustt, "baggagett, or-1thoteltt, or in any manner
attempt to solicit passengers at any passenger depot or upon any pas-
senger depot platform, grounds. or premises of -any railroad company
or' bus ' station, , or upon any sidewalk or ' street in front of any passen-
ger depot of any railroad company or bus station within The City of
Beaumont.
Section 1". Every permit of convenience and necessity held under
the prow sions of this ordinance by the owner or operator of a taxi-
cab may be cancelled, unless taxicabs are operated thereunder in ac-
cordance with the provisions of this ordinance on at least twenty (20.)
days out of each calendar month.
Section 1$; - PERMIT FEE. - Any person, firm, or corporation operating
any taxicab or_ taxa., un er a permit granted to it by The City of Beau-
mont shall pay at the office of the Tax Assessor and.Collector of The
City of Beaumont, Texas, in lawful money„of the United States one,and
one half. (12f ) per: cent. of the gross receipts measured_.by the total
fares collected -and other income derived from the operation of the
taxicab service, which said remittance shall be made monthly on or be-
fore the 15th day of each calendar month for the preceding calendar
month. The compensation provided for in this section shall be in lieu
of any other fees.or 2harges imposed by any other ordinance now in ef-
fect and said charge is made in accordance with Article 66?8 as amended
and all amendments thereto, and.said one and one_half (11%) per cent.
gross receipts permit fee is made in lieu of a street rental. charge,
but -said charge shall not release the permit holder from the payment of
ad valorem taxes levied or to be levied on property it owns.
Sectio, on�19. - It shall be the duty of. each permit holder to file with
the City Manager of The City of Beaumont, Texas, and a copy with the
Tax Assessor and Collector,of The City of Beaumont, Texas,.a sworn state-
ment showing all receipts, which said verified statement shall be filed
within fifteen (15) days following the end of each month. The permit
holder herein shall be required to install and adequately keep a system
of bookkeeping, to be approved by the Auditor of The City of Beaumont..
Texas, which books shall be subject to_inspection,of the governing body
of The City of Beaumont and such person or persons as The City of Beau-
mont may designate, or either of them, so as to enable, The_,City of -Beau-
mont to check the correctness of
the
accounts
receiptskept
tax thatnmaydbe dueer to eto
able it to compute the amount of gross
the City.
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Any neglect, omission or refusal by said permit holder
to file said verified statement or to pay the same percentage of
the said gross receipts at the time and in the manner herein pro-
vided shall ipso facto work as a forfeiture of said permit and of
all rights and provisions thereunder to The City of Beaumont.
Section 20: TAXI METERS. - All holders of permits for taxicabs
operating upon the__streets in The City of Beaumont shall within
ninety (90) days from the effective date of this ordinance install
and equip all taxicabs with a taxi mater, which said taxi meter
shall be set upon the rates hereinabove established in this ordi-
nance and said taxi meters shall be subject to inspection at any
and all times by The City of Beaumont, its servants or employees.
All taxicabs now operating in The City of Beaumont
shall be permitted to operate upon the same ral.es they, now have filed
with the City for the ninety (90). day period only that is granted to
said permit holder to secure and -install taxi meters in their taxi-
cab. After said ninety (90) day period all.taxicabs shall operate
under the terms, rates and provisions of this ordinance only.
Section 21: REQUIREMENT OF PAYMENT OF AD VALOREM TAX. - No owner
or operatoro taxzca s. s _ a engage in e_ ra_nspo _ _ation of per-
sons by taxicab at any time wit; �
thin The City of Beaumont when the ad
valorem taxes assessed against his taxi stand, taxicabs, or taxicab
equipment, is delinquent, and the failure of any owner or operator
to comply with the provisions of this section shall be adequate
grounds for the City Council to revoke any right or privilege granted
him under this ordinance.
Section 22: PASSENGERS TO PAY FARE. - It shall be unlawful for any
passenger to re use to pay the legal fare due from him for the use of
any taxicab mentioned in this ordinance, after having hired the same;
and any person who hires any taxicab with the intent to defraud the
person from whom it is hired and, after using the same, fails or re-
fuses to pay any taxicab fare due by him shall be guilty of a misde-
meanor.
Section 23. - Any person,.firm *or corporation violating any of the
provisions of this ordinance shall be deemed guilty of a misdemeanor
and uon conviction shall be fined in any sum not to exceed two hu--
dred 0200.00) dollars.
Section SAVNGS_CLAUSE. .- In the event any section, subsection,
sentance, clause . or phra. of this ordinance shall be declared or ad-
judged invalid or unconstitutional, such adjudication shall in no means
affect any other section, subsection, sentence, clause or phrase of
this ordinance, but all the rest thereof shall be in full force and ef-
fect just as though the section, subsection, sentence, caluse or phrase
so declared or adjudged invalid or unconstitutional was not originally
a part thereof.
Section 25: CONFLICTS. - All ordinances or parts of ordinances in-
consistent or in conflict with the provisions of this ordinance shall
be and the same are hereby repealed.
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PASSED by the City Council this 27th day of December, A. D.
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