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HomeMy WebLinkAboutORD 900560 - Taxicabs & Buses' ! ! ! i• IL i 1 OTHER : FOR HIRE WITHIN TUE CITY OF GEORGETOWN, WHEREAS, the City of Georgetown City Council met at its regular meeting and determined that regulation of taxicabs, buses, and other vehicles for hire is in the best interest of the public; and WHEREAS, the current regulation of taxicabs and buses, which was adopted on July 24, 1947, is outdated; and WHEREAS, the City Council has determined that the regulation of taxicabs, buses and other vehicles for hire by permit is preferable over regulation by franchise; NOW, THEREFOREBE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, SECTION I. 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. SECTION H. An ordinance regulating taxicabs and buses by franchise, attached hereto as Exhibit "A", was previously approved by the City Council of the City of Georgetown, dated the 24th day of July, 1947, is hereby repealed. The attached Exhibit "B", "Taxicabs, Buses, and other Vehicles for Hire", is hereby adopted by the City Council of the City of Georgetown, Texas, to regulate taxicabs, buses and other vehicles for hire by permit. SECTION III. 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. This ordinance shall become effective and be in full force and effect following second reading and passage by the City Council and duly signed by the Mayor and attested by the City Secretary. Publication in accordance with the provisions of the Charter of the City of Georgetown is accordingly so ordained. 1990. Mayor Fwl 2 11TOITA 21pfflyy• INVORIN •. Marianne Landers Banks City Attorney Elizabeth Gray City Secretary TOM*] yam ill Isan 111a I A. DEFINITIONS. (1) "Taxicab" shall mean every automobile, or motor -propelled vehicle, 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 the trip, or at rates per hour or per day. Also included in the definition of taxicabs are limousines as the term is generally understood as vehicles for hire by the hour. It is, however, intended by this section to exclude from this definition the owner, lessee, or operator of automobiles or motor vehicles who are operating the same in the City and within a radius of five miles of the City by contract with persons to transport them for part of the expense of such operation, when such expense under such contract is paid by the week, month, or a longer period of time. (2) "Bus" shall mean every vehicle regularly operated in the City over a fixed or defined route. Excluded from this definition are those bus services that receive financial support from the City, bus services that do not charge fees for their services, bus services that are specially exempted from this ordinance by the City Council, and bus services regularly operated in the City to or from some other City. B. PERMIT REQUIRED No individual, firm, or corporation shall operate or cause to be operated upon or over the highways, streets, or alleys within the City limits any service car, jitney, taxicab, bus, or other vehicle for the transportation of persons as passengers for compensation or hire, unless there has been obtained for such vehicle and existing in full force and effect a permit duly issued by the City. It shall be and is hereby declared unlawful to do the hereinabove without the prior permit which must be in full force and effect. C. PERMIT REQUIREMENTS {1} Application An application for a permit for the operation of a taxicab or bus service within the City shall be filed with the City Secretary's office on a form provided by the City. Applications for renewal of existing permits shall be filed annually prior to expiration of the permit. Applications for initial service may be made at any time. The applicant shall provide the following information: (a) Name of company; (b) Address of company; (c) Telephone number of company; (d) If a corporation, name and address of major officers of corporation and major stockholders of corporation; (e) If a partnership, name and address of partners; (f) If a proprietorship, name and address of owners; (g) Description of make, vehicle identification number and permit number; (h) Names, addresses, ages, and driver's permit numbers for each driver operating vehicles or other identifying number for the company, such information to be kept current during the year. The Risk Manager will verify that no driver has been ticketed for two (2) or more moving violations or motor vehicle accidents within the most recent twelve (12) month period. No driver in violation of this section shall be allowed to drive. Failure to provide such information for each driver operating a taxicab or bus within the City shall be grounds for revoking the permit of the taxicab or bus company; and, (i) Written statement that no permitted vehicle will be operated by any drivers not identified in the permit application. (2) Endorsement Applicants shall file applications with an endorsement by the Risk Manager to the effect that he has approved, as suitable, insurance coverage as herein prescribed. Said applicant shall keep in full force and effect during the term of the permit 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 and all loss or damage that may result to any person or property from the operation of such vehicle or vehicles, provided that the least minimums in amounts as required by State law. This insurance policy shall be issued for one calendar year for the year in which the permit is to be granted. (3) Right to Inslect In addition to the requirements of state law regarding vehicle safety inspection, and the requirements specified herein, the City shall have the right to inspect all taxicabs and buses permitted or to be permitted under this section to determine if such vehicles meet the following minimum standards. (i) Each vehicle shall be equipped with a fire extinguisher that is in good operating order; (ii) Each vehicle shall be reasonably free from dirt or rubbish and shall be otherwise clean and sanitary; (iii)The vehicle identification number and permit number shall be compared to the numbers listed on the taxicab or bus permit application for accuracy; and, (iv) Each vehicle shall have the lettering permanently affixed to the door as required by this section; and (3) Fee Each application shall be accompanied by a nonrefundable permit fee of Twenty-five Dollars ($25) per vehicle and an additional Twelve Dollars ($12) per driver per year to cover the expense of carrying out the provisions of this section. D. ISSUANCE OF PERMIT The City Secretary's office shall issue to each applicant a permit decal or renewal decal thereof for each 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 permit shall be issued for one year. E. PERMIT TO BE DISPLAYED The permit issued under the provisions of this section shall be displayed at all times on the lower left corner of the rear window of the vehicle. Such vehicle shall have permanently affixed to the door the name under which it is operated, with lettering not less than two and one-half (2 1/2) inches in height, with such other advertisement as the owner may desire; but it must show that it is a taxicab or bus. The lettering shall be kept legible at all times. F. WHO MAY OPERATE VEHICLES (1) No vehicle for which a permit has been issued shall be operated by anyone except the drivers listed on the permit application. (2) No person may drive or operate any taxicab or bus unless and until he has provided his name, address, age, driver's license number and social security number to the City Secretary's Office. (3) No operator, driver or chauffeur of any taxicab or bus shall operate a motor vehicle for more than twelve (12) hours in any twenty-four hour period. (4) No person under the age of nineteen (19) years shall operate a taxicab. (5) No person shall operate a vehicle without appropriate licensing from the Texas Department of Public Safety. (b) No person may drive any taxicab or bus in the City if he has been finally convicted of a crime that affects his ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the permitted occupation. G. ISSUANCE OF DRIVER BADGE At the direction of the City Secretary, the Personnel Department shall issue a badge to each approved driver. The driver shall display this badge at all times while operating a permitted vehicle. The badge is the property of the City of Georgetown, and shall be surrendered to the City of Georgetown upon the request of any City employee so authorized by the City Manager, H. PERMIT/DRIVER BADGE NOT TRANSFERABLE No permit or driver badge shall be transferable to any other person, firm or corporation, nor shall such permit be used for the operation of any vehicle except the vehicle for which said permit is issued. I. PASSENGERS (1) It shall be unlawful for any person engaged in the taxicab or bus business to overcrowd the taxicab and thereby endanger the passengers carried therein; the term "overcrowded" shall mean 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. (2) It shall be the duty of the driver of any taxicab or bus to accept as a passenger any person who seeks to so use the taxicab or bus, unless he feels such person is unsafe or vehicle is already occupied by a fare -paying passenger. No person shall be admitted to a taxicab occupied by a passenger without the consent of the passenger. (3) It shall be unlawful to knowingly permit a taxicab or bus to be used in the perpetration of a criminal offense. J. FARE SCHEDULE It shall be the duty of the driver of any taxicab or bus to display the fare schedule in a location visible to passengers at all times while passengers are in the vehicle. K. MECHANICAL CONDITION No permitted vehicle shall be operated unless it is in suitable mechanical condition for the safe transportation of passengers over the highways and streets of the City. It shall be the duty of both the permit holder and the driver of the taxicab or bus to ensure that the vehicle is in suitable mechanical condition, as required above, prior to transporting any passengers. L. PENALTIES (1} Violations of this ordinance shall each constitute a separate offense and shall each be punishable as a Class C misdemeanor and shall each be punishable by a fine not to exceed $200.00 for each day the violation exists. (2) In addition to the penalties provided in this Code for the violation of any of the provisions of its laws, any owner or operator of a taxicab or bus service who permits drivers to operate or drive any vehicle while not properly permitted is subject to the immediate cancellation of his permit to operate in the City of Georgetown. However, before such cancellation, the owner shall be given written notice and an opportunity to be heard before the City Manager or his designee as to why the permit should not be canceled. (3) Any person who drives any taxicab or bus in the City and has been finally convicted of a crime that affects his ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the permitted occupation shall have his permit immediately canceled. However, before such cancellation, the owner shall be given written notice and an opportunity to be heard before the City Manager or his designee as to why the permit should not be canceled. M. WHEN PERMIT MAY BE SUSPENDED OR REVOKED In case any defendant pleads guilty or is convicted in Municipal Court of violating any provision of this section, the prosecutor may, in addition to imposing a fine, also present said conviction to the City Manager or his designee in order that the permit for the vehicle involved be suspended or revoked.