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HomeMy WebLinkAboutORD 99-063 ORDINANCE NO. -19 -(,,-3 ENTITLED AN ORDINANCE REPEALING ARTICLE III OF CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT AND ENACTING A NEW ARTICLE III REGULATING TAXICABS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. WHEREAS, Council desires to enact amended taxicab regulations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Article III of Chapter 29 be and the same is hereby repealed and a new Article III regulating taxicabs is enacted to read as follows: ARTICLE III. TAXICABS. Sec. 29-40. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: Cruise, cruising: The movement of unoccupied taxicabs over the public streets of the City in search of, or soliciting prospective passengers for hire; except, however, unoccupied taxicabs proceeding to answer a telephone call for taxicab service from an intended passenger, and taxicabs returning to a taxi stand, terminal or subterminal by the most direct route, after having discharged a passenger, to the place where such taxicab is housed or to the place of discharge of the passenger, shall not be considered to be cruising. Driver, chauffeur: Any person in actual charge of the operation of a taxicab, whether as owner, or agent, servant or employee of the owner. License to operate: Authority granted by the City authorizing such operator of a taxicab to engage in the business of transportation by taxicab. Owner, operator: Any person 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 of the City, whether as owner or otherwise, except "driver" as herein defined. Subterminal:Any place other than a terminal in which the drivers or chauffeurs of taxicabs shall receive calls from a dispatcher and such 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. Taxicab: An automobile or motor-propelled vehicle used for transportation of passengers for hire over the public streets of the City, and not over a defined or fixed route, and irrespective of whether the operations extend beyond the City limits, at rates for distance traveled, or for waiting 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 the passenger; provided, however, the term "taxicab" shall not apply to motor buses operated within the City under a franchise from the City, over a fixed definite route, nor shall such term apply to motor buses regularly operated in the City along fixed routes to and from points outside the City, nor shall such term apply to motor vehicles operated under a permit or certificate of the railroad commission of the state or the Interstate Commerce Commission. Taximeter A machine adapted to automatically calculate, at a predetermined rate or rates, and to register the charge for hire of a taxicab; and such charges shall be indicated by means of figures. Terminal: The taxi depot at which place the taxicabs shall be housed or parked, and at which place the telephone calls and requests for service shall be made, and at which place a dispatcher shall control the movements of the taxicabs to the points of request 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 the streets of the City, and upon private property, and shall be and constitute the main office of the owner and taxicab operator. Waiting time: 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. Sec. 29-41. Permit--Required; contents of application. (a) It 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 City. (b) No permit certificate shall be issued by the City until the owner or person in charge or control of such taxicab shall make application in writing to the City 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 vehicle to be used as a taxicab, the horsepower thereof, the factory number, and motor number thereof, the seating capacity, according to its trade rating, the owner thereof, and such other relevant information as may be deemed advisable and necessary by the City. (c) Such application shall be signed and sworn to by the applicant. (d) If the applicant for a permit is 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, its correct corporate name and a "Certificate of Good Standing" issued by the state agency which issued the corporation charter; if the applicant for a permit is a partnership or association, such application shall be made by some duly authorized officer or agent, of the partnership or association, and shall give the trade name, or partnership name or association name of the partnership or association, together with the names and addresses of the partners or associates. Sec. 2942. Same--Notice of filing application; determination of public convenience and necessity; issuance; denial; renewal; transferability. (a) 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 City, of the filing of such application. (b) In determining whether the application should be approved, the City Manager (or his designee) may take into consideration 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 which 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 other relevant facts as the City Manager may deem advisable or necessary. (c) If the City Manager (or his designee) finds from investigation or hearing that such application shall be denied, the City Clerk shall immediately give notice to the applicant of the action of the City Manager. (d) 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 article, 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 has been granted, in accordance with this article, it shall be the duty of the City Clerk to issue a permit therefor to such applicant. (e) All permits issued hereunder shall run for the calendar year. (f) Each permit issued hereunder may be renewed from year to year by the holder of such permit provided same has not been canceled by the City for any violation under this article. (g) The permits issued under this article shall be deemed personal to the holder thereof and shall not be transferable or assignable, except by permission of the City. Sec. 29-43. Same--Fees; based on gross receipts; payment dates. Any person operating any taxicab under a permit granted to it by the City shall pay, at the office of the City Treasurer, in lawful money of the United States, one and one-half (1 '/2) per cent of the gross receipts measured by the total fares collected and other income derived from the operation of the taxicab service, which remittance shall be made monthly on or before the fifteenth 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 charges imposed by any other ordinance now in effect and such charge is made in accordance with Texas Transportation Code, Article 502.003 (or succeeding statute), and such one and one-half(1 %) per cent gross receipts permit fee is made in lieu of a street rental charge, but such charge shall not release the permit holder from the payment of ad valorem taxes levied or to be levied on property used in the taxicab business. Sec. 29-44. Same--Statement of receipts; bookkeeping; failure to file statement or pay fee. It shall be the duty of each permit holder to file with the City Manager, and a copy thereof with the City Treasurer, a sworn statement showing all receipts, which verified statement shall be filed within fifteen (15) days following the end of each month. The permit holder shall be required to install and adequately keep a system of bookkeeping, to be approved by the director of finance of the City, which books shall be subject to inspection of the governing body of the City and such person as the City may designate, so as to enable the City to check the correctness of the accounts kept and in order to enable it to compute the amount of gross receipts tax that may be due the City. Any neglect, omission or refusal by the permit holder to file such verified statement or to pay the required percentage of the gross receipts at the time and in the manner herein provided shall ipso facto work as a forfeiture of such permit and of all rights and provisions thereunder. Sec. 29-45. Same--Cancellation unless taxicab operated for twenty days of each month. Every permit held under the provisions of this article by the owner or operator of a taxicab may be canceled, unless taxicabs are operated thereunder in accordance with the provisions of this article on at least twenty (20) days out of each calendar month. Sec. 29-46. Withdrawing and substituting taxicabs. If at any time any taxicab, which has been regularly licensed under the provisions of this article, is to be withdrawn or replaced by another and different motor vehicle, the same may be done after making written application to the City Manager and securing his approval thereof. Such approval shall be based upon the City Clerk and Chief of Police having a complete record of such substitution and the City Manager being satisfied that all rules and regulations of this article have been complied with; provided, upon refusal of the City Manager to approve said application, the applicant may within ten (10) days thereafter, appeal in writing to the City Council. Sec. 29-47. Insurance. Before any permit shall be granted or renewed under this article, the operator shall obtain and file with the City Clerk a public liability insurance policy in the standard Texas form covering each automobile to be operated by such operator of a taxicab with minimum amounts of liability coverage thereunder as required pursuant to Texas Transportation Code, Article 601.072 (or succeeding statute). Such insurance policy shall be issued by a casualty insurance company authorized to do business in the state, with an agent within the City, shall be approved by the City attorney, and shall be for the protection of any member of the public who might be injured or whose property might be damaged by the operation of such taxicab. Such policy shall be maintained in full force and effect by the operator of taxicabs covering each taxicab licensed by a permit under this article. Sec. 29-48. Ad valorem taxes--Payment required, delinquency causes revocation of permit. It shall be the duty of every owner of a taxicab that is operated in 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 revocation of the permit issued in accordance with this article. Sec. 29-49. Same--Operation without payment unlawful. No owner or operator of taxicab shall engage in the transportation of persons by taxicab at any time within the City when the ad valorem taxes assessed against his taxi terminals, stands, taxicabs or taxicab equipment, is delinquent. Sec. 29-50. Condition of vehicle; inspections. (a) Before any owner or operator of a taxicab allows any of his taxicabs to be operated upon any street within the City it shall be inspected to determine whether such vehicle is in a safe condition to be operated as a taxicab. (b) The inspection of such taxicab shall be made by the Chief of Police or by any competent mechanic that the Chief of Police might designate. (c) No taxi cab shall be given a permit unless that taxi cab has a valid motor vehicle inspection sticker. Taxi cab permits issued to taxi cabs shall be valid only so long as the vehicle has affixed to it a valid motor vehicle inspection sticker. (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 or such mechanic, who shall paste a paper seal of a type and design approved by the City Manager 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, or mechanic designated by the Chief of Police, be operated over the streets of the City. (f) Nothing herein, however, shall prevent the City from inspecting any taxicab at any time and if the City, through its agents or employees, should find that it is in a defective condition, the Chief of Police shall order the use of such taxicab discontinued until the same is approved. Sec. 29-51. Chauffeur's license. (a) It shall be unlawful for any person to drive or act as a chauffeur of a taxicab within the City, without having secured a chauffeur's license duly issued to such person by the Chief of Police. (b) Each applicant for a chauffeur's license shall be a citizen of the United States, at least eighteen (18) years of age prior to the filing of his application for a chauffeur's license. (c) Any person desiring to drive or act as chauffeur of a taxicab in the City shall file application for a chauffeur's license with the Chief of Police at the police station on application forms to be furnished by the Chief of Police. Such forms shall provide for the applicant's name, age, present 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 or the state, with a space sufficient for particulars concerning such violation, if any, and the length of time the applicant has driven a motor vehicle. (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 (2) 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, and such application shall also be accompanied by a certificate from a reputable physician of the City, showing that such applicant is not disabled by reason of defective sight or hearing, crippled in any of his limbs, and has no ailment which would prevent such 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 such applicant is qualified to operate a taxicab in the City. After the Chief of Police has examined the application and affidavits and doctor's certificate accompanying 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 immediately notify, in writing, the applicant 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 within five (5) days after the mailing of such letter denying his application. In the event such applicant appeals to the City Manager 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 approves the application, the City Manager 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) 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 1/) inches by one and one-half (1 1/) 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, affidavits, doctor's certificate and any other information on file, 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. (g) License shall be kept by the licensee under a celluloid cover, while such licensee is driving or acting as a chauffeur of a taxicab, so as to be easily seen by all passengers in such vehicle. (h) It shall be a violation of this section for any person holding a chauffeur's license hereunder to fail to have same displayed in the manner stated in subsection (g) at all times in the motor vehicle which he is driving and of which he is acting as chauffeur. (i) All licenses issued by the Chief of Police under this section shall expire on the thirty-first day of December of the year in which same are issued. It shall be a violation of this section to drive a taxicab with a chauffeur's license displayed which has expired. (j) Any chauffeur's license issued by the City under the terms of this section may be either revoked or suspended by the Chief of Police for a violation of the ordinances of the City or the traffic laws of the state by the holder of such license, and such 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 suspended, and the Chief of Police shall immediately take up such license so revoked or suspended. Within five (5) days after revocation or suspension of the license, the party whose license had been revoked or suspended may appeal to the City Manager for reinstatement. The City Manager (or his designee) shall give the party so appealing a hearing, and after a hearing, shall either sustain or reverse the action of the Chief of Police in revoking or suspending such license. If the action of the Chief of Police is sustained by the City Manager, the revocation or suspension of such license shall stand. If the action of the Chief of Police is reversed, the license shall be returned to such licensee immediately. (k) It shall be a violation of this section for any person to employ or permit a person to drive a taxicab owned by such person, who does not have a valid chauffeur's license issued by the Chief of Police for the current year, and such owner of such a vehicle shall require such driver to produce a chauffeur's license issued by the City for the current year. Upon employing a driver for a taxicab the person owning such vehicle or the agent thereof so employing, shall immediately notify the Chief of Police of the name of such driver and the license number of the license which such driver holds. If a driver of a taxicab is discharged by a person owning such vehicle, or is discharged by an agent of such person, such person shall immediately notify in writing the Chief of Police of the dismissal of such driver and shall state the reason for such discharge. Upon receipt of a notice of the discharge the Chief of Police shall investigate the reasons for such dismissal, and after completing such investigation may, if he deems it advisable, revoke or suspend the license of the driver so dismissed. Such licensee may appeal from the action of the Chief of Police to the City Manager who shall either sustain or reverse the action of the Chief of Police. (1) It shall be a violation of this section for any person owning one or more taxicabs to keep in his employment for the driving of such vehicle any person whose license issued by the City has been either revoked or suspended. (m) A licensee may renew his license upon expiration thereof by filing with the Chief of Police an application for renewal upon forms to be furnished by the Chief of Police, and shall furnish two (2) recent photographs of himself of the dimensions heretofore set out in subsection (f), and shall furnish a certificate from a physician of the City showing that he is physically capable to safely operate a motor vehicle for hire. (n) No fee shall be charged for the issuance of any chauffeur's license or a renewal thereof by the City. Sec. 29-52. Rates and fares--Amounts; regulations. (a) Authority to fix. The City Council shall have the right to change or establish the rates and fares to be charged by taxicabs in the City at any time it deems necessary, by resolution. (b) Schedule.Unless otherwise changed by the City Council, the following taxicab rates and fares shall be effective in the City: (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 ten cents ($0.10) 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 twenty-five cents ($0.25). (3) Whenever a taxicab is engaged on an hourly basis, whether for one or more passengers, the rate or fare shall be fifteen dollars ($15.00) for each hour. For each quarter hour in excess of each completed hour, the rate shall be three dollars seventy-five cents ($3.75) for each quarter hour the taxicab is so engaged. (c) Posting.There shall be posted, in a conspicuous place in a frame with a transparent cover, on the inside of each taxicab, a card showing the rates herein prescribed, such card shall be posted in a place easily discovered and read by any passenger riding in such taxicab. Sec. 29-53. Same--Refusal of passenger to pay. It shall be unlawful for any passenger to refuse to pay the legal fare due by him for the use of any taxicab mentioned in this article, 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 refuses to pay any taxicab fare due by him shall be guilty of a misdemeanor. Sec. 29-54. Taximeters--Required. All holders of permits for taxicabs operating upon the streets in the City shall install and equip each taxicab with a taximeter, which taximeter shall be set upon the rates hereinabove established in this article, and such taximeters shall be subject to inspection at any time by the City or its employees. Sec. 29-55. Same--To be in operation while conveying passengers. No taxicab shall be operated at any time with a passenger unless the meter on the taxicab is correctly operating and showing the rates that are being charged. If at any time the taximeter stops or fails to operate or is operating incorrectly, it shall be the duty of the operator of the taxicab to immediately take such taxicab to its terminal and not operate the same until the meter has been fixed and adjusted. Sec. 29-56. Terminals; required; soliciting at stations prohibited; remaining in cab at subterminals. (a) Every operator of a taxicab shall maintain within the City an off-street terminal of sufficient size to accommodate all of the owner's taxicabs. Subterminals at hotels, depots and other places shall be designated by the director of traffic and transportation or other designated official. (b) When any taxicab is at any public carrier depot within the City 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 arriving on the trains, buses or airplanes at the depot. (c) The drivers of taxicabs using subterminals 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 control of such driver. (d) 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 conditions of the taxi stand shall be reflected in an application to the City Manager. The equipment, site and place of a terminal must be found by the director of traffic and transportation or other designated official 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 established prima facie case thereon, upon its appearing within the application 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. Sec. 29-57. Signs; numbering; lettering. Every taxicab shall have printed on each side and in the rear of such 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 section shall not be less than two and one-half (2 '/) inches in height and not less than five-sixteenths of an inch in stroke and such paint shall be either enamel or oil paint that will weather the elements, and shall be kept legible at all times. Sec. 29-58. Maximum load. No driver or owner of any taxicab, licensed under the provisions of this article, shall permit or allow more than six (6) persons to ride in such taxicab; and in no event shall more than two (2) persons, in addition to the driver, be permitted to ride in the front seat of such taxicab, and then only if the number of passengers makes it necessary. Sec. 29-59. Persons permitted to ride; picking up additional passengers. No taxicab driver shall permit any other person to occupy or ride in such taxicab except a passenger for hire or an employee of the taxicab service by whom the driver is employed. Unless the person first employing the taxicab shall consent, no additional passengers shall be picked up or permitted to ride in a taxicab on the same trip. Sec. 29-60. Maximum driving hours. It shall be unlawful for the driver of any taxicab to drive the same continuously for more than twelve (12) hours, and no owner of any taxicab shall permit any driver of any taxicab to be on continuous duty, as a driver, for a greater period than twelve (12) hours. Sec. 29-61. Cruising. No driver shall cruise 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 stand; or if dispatched by radio, it shall proceed at once by the most direct route to the place directed by the radio dispatcher. Sec. 29-62. Soliciting patrons--By calling out to any person. It shall be unlawful for any person to speak or to call out in a loud manner "taxicab," "automobile for hire," "hack," "carriage," "bus," "baggage," or "hotel," or in any manner attempt to solicit passengers at any passenger depot or upon any passenger depot platform, grounds or premises of any public carrier, or upon any sidewalk or street in front of any passenger depot of any public carrier within the City. Sec. 29-63. Same--By driver. It shall be unlawful for any driver or operator of 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 indirectly, while driving any taxicab over, through, or on, any public street or public place of the City, or while same is parked on any public street or alley of the City, or to repeatedly or persistently drive any taxicab through, over, or on, any public street or place of the City, except in response to calls by patrons for such taxicab or while actually transporting passengers therein. Sec. 29-64. Property left in cabs. All drivers of taxicabs shall promptly deliver to the police department all property left in such vehicles by passengers. When articles left in taxicabs have been delivered to the office of the Chief of Police, he shall make an entry of the fact and shall keep all such articles until claimed by the owner, or disposed of as authorized by statute. Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. 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 '7W,- day of 1999. - May -