HomeMy WebLinkAboutORD 2001-47 - Vehicles for Hire#RDINANCE NO. -1 9
AN ORDINANCE OF THE CITY OF GEORGETOWN,
TEXAS AMENDING CHAPTER 6.20 OF THE CODE OF
ORDINANCES RELATING TO TAXICABS, BUSES AND
OTHER VEHICLES FOR HIRE; PROVIDING A REPEALING
CLAUSE AND SEVERABILITY CLAUSE; AND SETTING AN
EFFECTIVE DATE.
WHEREAS, the growing population in the City has increased the transportation
needs of the citizens of Georgetown and placed greater demands on the regulation and
administration of provisions relating to taxicabs, buses and other vehicles for hire, the
City Council desires to amend Chapter 6.20 of the Code of Ordinances to transfer
administration of the permitting and licensing process to the Police Department and to
enact other substantive changes in the Ordinance; and
WHEREAS, the City Council finds it to be in the best interest of the citizens of
Georgetown to amend the current provisions of Chapter 6.20 relating to taxicabs, buses
and other vehicles for hire;
WHEREAS, the caption of this ordinance was printed in the Williamson County
Sun on May 16, 2001, in compliance with the City Charter of the City of Georgetown; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this ordinance
are hereby found and declared to be true and correct, and are incorporated by reference
herein and expressly made a part hereof, as if copied verbatim. The City Council hereby
finds that this ordinance implements the following elements of the Century Plan Policy
Plan and that the enactment of this ordinance is not inconsistent or in conflict with any
other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter the
Policy Plan:
Transportation Policy End 10.00 — "Citizens and commercial goods move safely
and efficiently throughout all parts of the City."
SECTION 2. Chapter 6.20 of the Code of Ordinances of the City of Georgetown
entitled Taxicabs, Buses and Other Vehicles for Hire is hereby amended to read as set out
on Exhibit 0A0 attached hereto.
SECTION 3. All ordinances and resolutions, or parts of ordinances and
resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any
force and effect.
Ordinance No. 0 1
Page
SECTION 4. If any provision of this ordinance or application thereof to any person
or circumstance, shall be held invalid, such invalidity shall not affect the other provisions,
or application thereof, of this ordinance which can be given effect without the invalid
provision or application, and to this end the provisions of this ordinance are hereby
declared to be severable.
SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest. This Ordinance shall become effective and be in full force and effect
ten (10) days on and after publication in accordance with the provisions of the Charter of
the City of Georgetown.
PASSED AND APPROVED on First Reading on the day of
2001.
PASSED AND APPROVED on Second Reading on the day of
114,,± �. , 2001.
01
ATTEST: THE CITY OF GEORGETOWN
Sandra D. Lee, City Secretary
Min 0402
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Cathleen R. Riedel
Acting City Attorney
Ordinance No
Page 2 of 2
By:
Chapter 6.20 TAXICABS, BUSES AND OTHER VEHICLES FOR HIRE
SECTION I. TAXICABS -TERMINALS -STANDARDS
Section 1.1 Definitions.
(a.) "Applicant" means any individual, firm or corporation in the process of attaining
either a license to operate or a city taxi driver permit.
(b) "City" means the City of Georgetown, Texas.
(c) "Cruise" or cruising means the movement of unoccupied taxicabs over the public
streets of the city in search of or soliciting prospective passengers for hire; provided,
however, unoccupied taxicabs proceeding to answer a telephone call for taxicab service
from an intending passenger, and taxicabs returning 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.
(d) "Driver" or "chauffeur" means every person in actual charge of operation of a
taxicab whether as owner or agent, servant or employee of the owner.
(e) "License" means the authority granted by the city 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.
(f) "Manifest" means a daily record prepared by a taxicab driver of all trips made by
such driver showing time and place of origin, destination, number of passengers and the
amount of fare for passengers.
(g) "Overcrowding" means that the driver is transporting a greater number of people in
the vehicle than has been recommended by the manufacturer of the vehicle or for whom
there is no seat belt, inclusive of the driver.
(h) "Taxicab service operator" means any person who has the control, direction,
maintenance and the benefit of revenue derived from the operation of taxicabs on or over
the streets of the city, whether as owner or otherwise.
(i) "Taxi driver permit" means a permit issued by the City to the driver of a taxicab
meeting the qualifications as described within this section.
0) "Taxicab" means any and every automobile, or motor -propelled vehicle including
limousines and airport shuttle services, used for the transportation of passengers for hire
over the public streets of the City, irrespective of whether or not the operation extends
beyond the City limits at rates for distance traveled or for waiting time, or for both, or for
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the trip, or at rates per hour, per day, 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, with the following exceptions:
(1) Motor buses regularly operated in the city to or from points outside of the
incorporated limits of the city or transporting to or from school or college;
(2) Ambulances operating under permit from this city or another city;
(3) Vehicles rented or leased for operation by the person actually driving the
same, unless such vehicle is transporting for compensation persons other than the one
who actually rented or leased the same;
(4) Courtesy vehicles operated to or from the airport to hotels, motels, parking
lots, or car dealerships or rental agencies; or
(5) Any vehicle being operated pursuant to a franchise or permit legally issued
by the Texas Railroad Commission or the Interstate Commerce Commission.
(k) "Terminal" means the 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 word 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, and upon private property, and shall be and constitute the main office of the
owner and taxicab operator.
Section 1.2. Terminals.
Every taxicab service operator shall maintain an off-street terminal of sufficient size to
accommodate all of the taxicabs utilized in the service.
Section 1.3. Vehicle Standards.
Each taxicab proposed to be operated by a permit holder on the public streets of the City
shall be inspected by the Chief of Police or his/her designee. No taxicab shall be operated
on the City streets that does not comply with the following minimum standards:
(a) Each taxicab must have affixed thereto a valid and current state certificate of
inspection and state certificate of registration;
(b) Each vehicle shall be equipped with a fire extinguisher that is in good operating
order;
(c) Each vehicle shall be reasonably free from dirt or rubbish and shall be otherwise
clean and sanitary;
(d) The vehicle identification number and the license number of each taxicab must
match the numbers listed for that taxicab on the license application;
(e) Each vehicle shall have the business name and phone number affixed to the door,
with lettering not less than two and one-half inches in height, with the exception of
limousine sei vices which shall be required to affix the license to the lower left corner of
the front windshield above the vehicle inspection and registration stickers.
SECTION 2.- OFFENSES AND PENALTIES
2.1. It shall be unlawful for any person to violate any provision of this ordinance.
2.2. Each violation of this ordinance shall constitute a separate offense and each
offense shall be punishable as a Class C misdemeanor and shall each be punishable by a
fine not to exceed $500.00 for each day the violation exists.
2.3. It shall be unlawful for any person engaged in the taxicab business to overcrowd
the taxicab.
2.4. It shall be unlawful for any taxicab driver to cruise at any time within the City.
2.5. It shall be unlawful for any driver of any taxicab or for any other person acting for
the driver to seek or solicit patrons or passengers for any such taxicab by word or sign,
directly or indirectly, while driving any such 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 places of the City, except in response to calls of prospective passengers or while
actually transporting passengers therein.
2.6. It shall be unlawful for a taxicab driver employed to carry passengers to a definite
point to fail to take the most direct route that will carry such passengers safely and
expeditiously to their destination.
SECTION 3, LICENSE -REQUIREMENTS -APPLICATION
3.1 It shall be unlawful for an individual, firm, or corporation to operate or cause to be
operated any taxicab, taxicab service, jitney, limousine or other motor vehicle service for
the transportation for hire of persons upon or over any street in the city unless there has
first been obtained for such service, a license duly issued by the City as hereinafter
provided.
3.2. License --Application.
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Application for taxicab license service within the City shall be filed with the Georgetown
Police Department on a form provided by the Department. Applications for renewal for
existing permits shall be filed annually prior to expiration of the license. The applicant
shall provide the following information on such form:
(1) Name of the owner, or person by whom such permit is desired;
(2) Name of company;
(3) Address of company;
(4) Telephone number of company;
(5) If corporation, name and address of major officers of corporation and major
stockholders;
(6) If partnership or association, trade, partnership, or association name, name
and address of partners;
(7) If sole proprietorship, name and address of owner;
(8) Description of make, horsepower, vehicle identification or factory number,
the seating capacity, vehicle owner's name and address, and license number of
every vehicle to be used as a taxicab;
(9) Names, addresses, date of birth, and driver's license numbers for each driver
operating vehicles for the company. Such information shall be kept current during
the year. Failure to provide such information to the Police Department for each
driver operating a taxicab within the City shall be grounds for revoking the
taxicab service license of the cab company;
(10) Written proof each vehicle has passed the City inspection as required by
this Chapter;
(11) A schedule of rates to be charged to passengers; and
(12) A statement that the applicant has not been finally convicted of any felony
or other offense involving moral turpitude within the past ten (10) years.
3.3. The application shall include a sworn statement by the applicant that all
information provided in the application is true and correct and shall further state that the
City is authorized to check the driving record and criminal history, if any, of the
applicant. The Police Department shall investigate the facts stated in the application.
3.4. Each application shall be accompanied by a nonrefundable license fee of fifty
dollars ($50.00) per vehicle.
Section 4. INSURANCE,
4.1. Before the license can be issued, each applicant shall deliver to the Police
Department a certificate of insurance reflecting insurance coverage as herein prescribed.
The applicant shall keep in full force and effect during the term of the taxicab service
license a policy of public liability insurance, issued by an insurance company fully
authorized to do business in this state and performable in this county, insuring the public
against any loss or damage that may result to any person or property from the operation
of such vehicle or vehicles. The certificates of insurance shall contain a provision that
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coverage under such policies shall not be cancelled or materially changed until at least
thirty (30) days prior written notice has been given to the City of Georgetown. Passenger
liability exclusions are expressly prohibited. Insurance shall be in the following minimum
amounts:
(a) $ 250,000 per person, per accident for injury or death;
(b) $ 500,000 total liability per accident due to bodily injury or death,
(c) $ 40,000.00 for property damage per accident; and
(d) $ 2,500 personal injury protection for each passenger.
(3) The City must be included as an additional insured on each policy. The licensee is
responsible for paying all applicable deductibles.
(4) In the event that any insurance policy is cancelled upon the request of the surety or
insured, and no insurance policy is filed by the license holder before the cancellation
date, the taxicab service license shall be automatically revoked.
4.2 . Issuance of license.
The Georgetown Police Department will issue a taxicab service license to applicant for
each qualified vehicle upon the filing of written proof of insurance as required herein and
upon a determination that all requirements of this section have been met. The taxicab
service license shall be issued for a one-year period. The taxicab service license shall
state the year for which it is valid; that said vehicle is a taxicab; the make of the vehicle,
the vehicle identification number, and the current license number.
SECTION 5- POSTING OF LICENSE; LETTERING; NONTRANSFERABILITY;
FEE,
5.1 The taxicab service license shall be posted by the applicant within the vehicle in a
conspicuous place, and it shall be a unlawful to fail to do so.
5.2. Such vehicle shall have displayed on both front doors the name under which it is
operated, and its designation as a taxicab, in lettering of not less than two and one-half
(21/2) inches in height, except for limousines which shall affix the license on the lower
left conger of the front windshield above the vehicle inspection and registration stickers.
SECTION 6.- REVOCATION OR SUSPENSION OF LICENSE.
6.1. The Chief of Police is hereby authorized and empowered to revoke or suspend any
license issued hereunder upon his/her finding that any taxicab service operator has
willfully violated any of the provisions of this Chapter. Such revocation or suspension
shall take effect upon delivery of written notice thereof to the taxicab service operator,
with such delivery being made in person or by certified mail through the United States
Postal Service; provided, however, that the taxicab service operator shall have the right to
appeal to the City Manager from any such action of the Chief of Police by delivering
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such appeal to the City Manager, with a copy delivered to the Chief of Police, not more
than five (5) days after the action appealed from. In the event the taxicab service operator
shall fail to deliver such notice to the City Manager within the time prescribed, the action
of the Chief of Police in revoking or suspending the license shall be final. If the taxicab
service operator timely delivers the notice to the City Manager, the City Manager or
his/her designee, shall hear the appeal not more than twenty (20) days after the filing of
the notice of appeal.
6.2. A license shall be revoked or suspended by the City Manager upon the
verification of any of the following:
(1) The taxicab service operator has been finally convicted of a felony or other
offense involving moral turpitude;
(2) The license was obtained by an application in which any material fact was
intentionally omitted or falsely stated;
(3) The taxicab service operator has persisted in the operation of motor vehicles
that are in violation of any law;
(4) The taxicab service operator has willfully and knowingly violated or failed to
comply with any of the provisions hereof or any policies or rules set out pursuant to this
Ordinance;
(5) The taxicab service operator has charged, or allowed to be charged, rates in
excess of the rate schedule filed with the Police Department as provided for in Section 9
of this Chapter;
(6) The taxicab service operator or any agent thereof has been guilty of
willfully operating said service in a negligent manner;
(7)
The taxicab service
operator has allowed its insurance to be cancelled,
withdrawn,
terminated, or to fall
below the minimum prescribed
in this Chapter;
(8) The taxicab service operator has allowed any of its vehicles or equipment to
become damaged, deteriorated or unclean to the extent that it is unsatisfactory for public
use;
(9) The taxicab service operator has failed to show financial ability to
maintain services in compliance with the terms hereof, or
(10) The taxicab service operator has allowed any driver or attendant to drive
taxicabs after final conviction of an offense as described in Section 8.4.
SECTION 8-- CITY TAXI DRIVER PERMIT
8. 1. In accordance with the terms and provisions of this Chapter, every individual
desiring to drive a taxicab in the city, before driving a taxicab, shall apply for and obtain
city taxi driver permit. A taxicab service licensee may not cause or otherwise allow a
person to drive for hire a taxicab owned, controlled or operated by the licensee unless the
driver has a valid city taxi driver permit issued to them under this Section. It shall be
unlawful for any person to drive or operate any taxicab unless and until he or she has
provided their name, address, date of birth, and Texas driver's license number to the
Police Department and been issued a City taxi driver Permit. All drivers shall display
upon request on their person a city taxi driver permit issued by the City as described
herein.
8.2. Every individual proposing to drive a taxicab upon the city streets shall submit an
application to the Police Department on forms provided by the Police Department. Every
applicant shall furnish under oath the following information:
(1) Name, local residence address, date of birth, and telephone number;
(2) Texas driver's license number, expiration date and three-year driving record;
(3) A statement that the driver has not been finally convicted of :
a. Prostitution or related offenses;
b. Driving while intoxicated;
c. Violations of the Controlled Substance Act;
d. Theft over five hundred dollars (500.00); or
e. A felony or other offense involving moral turpitude.
f. Three or more moving traffic violations in the preceding twelve month period.
(4) Two (2) color photographs of the applicant taken within the three (3) months prior to
application;
(5) That the applicant is over the age of nineteen (19).
(6) That the applicant has read in full and understands the provisions of this Chapter.
8.3. Upon finding that the applicant meets the qualifications stated herein, the Police
Department shall cause to be issued to such applicant a city taxicab driver permit. Each
permit issued shall be for a one-year term. The fee for each permit is $20.00.
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8.4. (a) The Chief of Police is hereby authorized and empowered to revoke or suspend
any taxicab driver permit issued hereunder upon his finding that any permittee has
willfully violated any of the provisions of this Chapter. Such revocation or suspension
shall take effect upon delivery of written notice thereof to the permittee, with such
delivery being made in person or by certified mail through the United States Postal
Service; provided, however, that the permittee shall have the right to appeal to the City
Manager from any such action of the Chief of Police by delivering such appeal to the
City Manager, with a copy delivered to the Chief of Police, not more than five (5) days
after the action appealed from. In the event the permittee shall fail to deliver such notice
to the City Manager within the time prescribed, the action of the Chief of Police in
revoking or suspending the permit shall be final. If the permittee timely delivers the
notice to the City Manager, the City Manager or his/her designee, shall hear the appeal
not more than twenty (20) days after the filing of the notice of appeal.
(b) A permit shall be revoked or suspended by the Chief of Police upon the verification of
any of the following:
(1) The pennittee has been finally convicted of a felony or other offense involving
moral turpitude;
(2) The permit was obtained by an application in which any material fact was
intentionally omitted or falsely stated;
(3) The permittee has persisted in the continued operation of motor vehicles that
are in violation of any law;
(4) The permittee has willfully and knowingly violated or failed to comply with
any of the provisions hereof or any policies or rules set out pursuant to this Chapter;
(5) The permittee has charged rates in excess of the rate schedule filed with the
Police Department as provided for in this Chapter;
(6) The permittee has been found guilty of willfully operating said taxicab in a
negligent manner;
(7) The permittee has allowed insurance on a taxicab driver by said permittee to
be cancelled, withdrawn, terminated, or to fall below the minimum prescribed in this
Chapter;
(8) The permittee has allowed any of its vehicles or equipment to become
damaged, deteriorated or unclean to the extent that it is unsatisfactory for public use; or
(9) The permittee has continued to drive a taxicab after final conviction of an
offense as described in Section 8.2 (3) ;
(10) The permittee has altered, or caused to be altered, the city taxi driver permit
photograph.
8.5. The city taxi driver permit shall be prominently displayed at all times in full view
of persons in the back seat of the taxicab being driven by the permittee.
Section 9- FARES
9.1 All persons owning or operating any vehicle or taxicab under this article in the city
shall post, in a conspicuous place in such taxicab, a printed schedule of prices and shall
keep the same so posted during the continuance of the license.
9.2. No driver, owner or corporation licensed by the City as a taxicab operator or
hereinafter granted a license for such operation shall fix or charge a greater or lesser rate
of fare than that submitted with the application for license in the Police Department.
Scheduled rates may encompass the following:
(1) Mileage;
(2) Waiting time;
(3) Charter;
(4) Extra passengers;
(5) Excessive baggage; exclusive of medically necessary devices;
(6) Animals; exclusive of animals specially trained to assist the disabled, when
accompanying such persons.
9.3. Changes in any rate schedule shall require notification of the City through the Police
Department along with justification for increases thirty (3 0) days prior to changes being
enacted. Rates may not be increased more often than semi-annually except for events
beyond the control of the owner of the license to operate.
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