HomeMy WebLinkAboutORD 2015-22 - Taxi, Buses & Vehicles for HireORDINANCENO. t;Qjt�--�2A
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;
Repealing conflicting Ordinances and Resolutions;
Providing for a severability clause; Providing for a
G' nalty; and Establishing an effective date.
WHEREAS, City Council directed the City Attorney's Office and the Police Department to
amend Chapter 6.20 of the Code of Ordinances to clarify and streamline the process for taxicabs,
buses, and other vehicles for hire to operate within the City; and
WHEREAS, the City Attorney and the Police Chief have reviewed and identified
amendments to Chapter 6.20 of the Code of Ordinances for the purpose of providing safe and
reliable alternative transportation to the community; and
WHEREAS, the City Council of the City of Georgetown finds it in the best interest of the
citizens of Georgetown to amend Chapter 6.20 of the Code of Ordinances by revising the
process for background checks, authorization to waive the requirements of an operating license
and/or permit waiver, and strean-dine the appeals process.
SECTION 1. That Chapter 6.20 "Taxicabs, Buses and Other Vehicles for Hire" of the
Code of Ordinances of the City of Georgetown, Texas is amended as set out in Exhibit A, which
is attached and incorporated herein.
SECTION 2. 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in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect,
SECTION 3. 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.
Ordinance Number: a ols —2 a Page 1 of 2
Description: Chapter 6.20 Taxicabs, Buses, and Other Vehicles for Hire
Date Approved: Ae-.QLi.2015
SECTION 4. This ordinance shall become effective in accordance with the provisions of
the Charter of the City of Georgetown.
SECTION 5. That it is hereby officially found and determined that the meeting at which
this ordinance is passed is open to the public as required by law and that public notice of the
time, place and purpose of said meeting was given.
SECTION 6. The Mayor is hereby authorized to sign this ordinance and the City
Secretary to attest, This ordinance shall become effective in accordance with the provisions of
state law and the City Charter of the City of Georgetown.
lei# Brettle, City Secretary
FEW a We�
Bridget Chapma City Attorney
By:
Dale Ross, Mayor
Ordinance Number: 0,201sra4as.— Page 2 of 2
Description: Chapter 6.20 Taxicabs, Buses, and Other Vehicles for Hire
Date Approved: MAYI-. i9q 015
I M Sall Ifl-l-WO
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"City" means the City of Georgetown, Texas.
"Compensation" means any money, thing of value, payment, consideration, reward, tip,
donation, gratuity or profit paid to, accepted or received by the driver,
"Department" means the City of Georgetown Police Department.
"Driver's Permit" means the authority granted under this chapter to drive a vehicle for hire in
the City for period of one year.
"Licensee" means the individual, firm or corporation who is granted an operating license
under this chapter.
"Municipal Judge" means the Municipal Judge of the City of Georgetown or a substitute
judge appointed by the Municipal Judge.
"Operating License" means the authority granted under this chapter to operate a vehicle for
hire business in the City for a period of one year.
IIII III IIIII i 1 ITIFIFIR I
"Vehicle for Hire" means a chauffeured motor vehicle used to transport passengers on city
streets for compensation under the authority of this chapter.
Sec. 6.20.020. — Operating License Required; Non -transferability.
1. An individual, firm or corporation shall not operate a vehicle for hire service in the city
without a valid operating license.
2, An operating, license shall not be transferred to another individual, firm or corporation.
See. 6.20.030. — Qualifications for an Operating License.
To qualify for an operating license, an applicant must:
1. Be at least 18 years of age, if an individual;
2. Be in good standing with the Texas Secretary of State, if it is entity is required to file
documents with the Texas Secretary of State;
3. Be currently authorized to work -full time in the United States;
4. Maintain sufficient insurance as outline in sec. 6.20.050; and
5. Not have had an operating license revoked under this chapter within the past twelve
months.
See. 6.20.040. — Application Requirements for an Operating License.
Along with the appropriate operating license application fee, an applicant for an operating
license shall submit the following to the department:
1. The name, contact information and Texas Driver's license number, if any, of the
applicant;
Exhibit A: Chapter 6.20. — Motorized Vehicles for Hire 1 of 7
2. If applicable, proof that applicant is authorized to work in the United States-,
3. If applicable, certified copies of any documents required by state law to be filed for the
business entity to legally exist and a statement from the Texas Secretary of State
certifying that the business is in good standing if state law requires the entity to file
documents with the Texas Secretary of State-,
4. The number of vehicles, description of each vehicle to be used in the proposed service,
(year, make, model, VIN number, manufacturer's rated seating capacity, state license
plate number, body style, etc,) and the location of the facilities to be used in the
operation;
5. Names, addresses, birthdates and Texas Driver's License numbers for each individual
who will drive vehicles for the company.
a. Such information shall be kept current during the year.
b. Failure to provide such information to the department for each individual
operating a vehicle for hire within the City shall be grounds for revoking the
operating license.
6. Proof of liability insurance from an insurance company authorized to do business in the
state at the levels required by this chapter;
7. The proposed rates of farei and
8. Any additional information required by the department.
Sec. 6.20.050. — Insurance Requirements.
1. The Licensee shall keep in full force and effect during the term of the operating license a
policy of public liability insurance ' issued by an insurance company authorized to do
business in Texas 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(s).
2. The certificates of insurance shall contain a provision that coverage under such policies
shall not be canceled or materially changed until at least 30 days prior written notice has
been given to the City,
3. Passenger liability exclusions are expressly prohibited.
4. Insurance shall be in the following minimum amounts,
a. $100,000,00 per person, per accident for injury or death;
b. $300,000.00 total liability per accident due to bodily injury or death,
c. $25,000.00 for property damage per accident; and
d. $2,500.00 personal injury protection for each passenger.
5. The City must be included as an additional insured on each policy.
6. The Licensee is responsible for paying all applicable deductibles,
See. 6.20.060. — Issuance or Denial of an Operating License.
1. The department shall issue an operating license to a qualified applicant and the term shall
be for twelve months.
2. The department shall deny an application for an operating license if the applicant -
a. Does not meet the qualifications in this chapter;
b. Makes a false statement the application; or
c. Has had a previous operating license revoked within the past twelve months.
3. The department shall issue a decal for each vehicle listed in the Licensee's application
that can be legally operated on the roadways and Licensee must affix the decal a
prominent location in each vehicle,
Exhibit A: Chapter 6.20. — Motorized Vehicles for Hire 2 of 7
4, If the department determines that an operating license should be denied, the department
shall notify the applicant in writing that the application is denied, the reason for the denial
and a statement that the applicant may appeal in accordance with sec. 6.20,160 of this
chapter.
Exhibit A: Chapter 6.20. — Motorized Vehicles for Hire 3 of 7
9. The individual's complete criminal history and driving record, issued and certified
the Texas Department of Public Safety or other relevant governmental entity,
determined by the department. The criminal history and driving record must be issu
and certified not earlier than the 30th day before the date the individual's driver
permit application is submitted to the department;
10. For an individual who has been a resident of Texas for less than three years precedi
the date the application is submitted, the criminal history and driving record certlifle
by the appropriate governmental authority in the former state of residence
criminal history and driving record from the appropriate governmental authority in t
former state of residence must be issued and certified not earlier than the 30th d
before the date the individual's driver's permit application is submitted to t
department;
11. If the individual's driving record contains one or more traffic convictions or violatio
during the three years preceding the date of the application submittal, proof
completion of a Driver Safety Course as provided for in the Texas Transportation Co
for a course completed not earlier than the 180th is preceding the date the applicati•
is submitted to the department;
12. Any additional information required on the application form prescribed by t
department; and
13. The application must be signed and sworn or affirmed by the individual who will
operating the vehicle for hire in the presence of a notary public or other pers
authorized to administer oaths in this state�
See. 6.20.110. — Standards for Issuance or Denial of a Driver's Permit.
I . The department shall issue a driver's permit to an individual that is quaed under the
terms of this chapter and the term shall be for twelve months.
2. The department may conduct investigations o the character, ground transportation
service experience, and qualifications of each individual who will operate a vehicle for
hire.
3. The department shall deny the driver's permit application of an individual who:
a. Falsifies, materially alters, or omits information in the application;
b. Has been convicted of four or more moving violations of the traffic laws of the
City or another jurisdiction within the 12 -month period immediately preceding the
date of application; or
c4 Has been convicted of a criminal offense if the department determines that the
conviction is directly related to a capacity, or fitness required to
perform the duties and discharge the responsibilities of a driver of a ground
transportation carriage.
4. If denying a driver's permit based on criminal history, the department shall use the
criteria established in Sections 53,022 (Factors in Determining nether Conviction
Relates to Ocellpati6n) and 53.023 (Additional Factors for Licensing A11thority to
Consider) of the Texas Occupations Code.
;)�ec. 6.20.120. — Additional Requirements for Permittees
1. A Permittee shall take the most direct route that will carry such passengers safely and
expeditiously to their destination.
Exhibit A: Chapter 6.20. — Motorized Vehicles for Hire 4 of 7
See. 6.20.130. — Operating License and Driver's Permit Waiver.
I . The requirement to obtain an operating license or driver's • is waived if the
individual, firm or corporation possesses a valid operating license, driver's permit • the
equivalent from another city in the state of Texas that has vehicle for hire regulations that
meets or exceeds those of the City as determined by the department.
2, If an individual, firm, or corporation, that is operating under a valid operating license or
• permit issued by another city of the state of Texas, has violated any applicable
provisions of this chapter, the department is authorized and empowered to terminate any
and all waivers granted under this sec. 6.20. 130.
a. Such termination shall take effect upon delivery of written notice thereof to the
Licensee and/or Permittee, with such delivery being made in person or by
• mail through the United States Postal Service.
b. The individual, firm or corporation shall have the right to appeal the termination
of the waiver using the appeal procedure listed in this sec. 6.20.160.
Exhibit A: Chapter 6.20. — Motorized Vehicles for Hire 5 of 7
1 0. — Appeal Process.
I . The applicant, Licensee or Permittee shall have the right to appeal to the Municipal Judge
from any such action of the department by submitting a written request for an appeal to
the Municipal Judge, with a copy delivered to the Chief of Police, not more than five
days after the action appealed from.
2. In the event the applicant, Licensee • Permittee shall fall to • such written request
to the Municipal Judge within the time prescribed, the action of the department shall be
•'
Exhibit A: Chapter 6.20. — Motorized Vehicles for Hire 6 of 7
34 If the applicant, Licensee or Permittee timely delivers a written request for an appeal, the
Municipal Judge shall hear the appeal not more than twenty days after receipt of ths
request for the appeal.
The Municipal Judge shall give the appealing party an opportunity to present evidenc(�
and make argument in his or her behalf.
5The formal rules of evidence do not apply to an appeal hearing under this section, and th%
Municipal Judge shall make a decision within seven days after the close of the hearing on
the basis of a preponderance of the evidence presented at the hearing.
6. The Municipal Judge may affirm, modify or reverse all or part of the action of th*
department.
7. The decision of the Municipal Judge is final.
See. 6.20.170. - Offenses and penalties.
1. It shall be unlawful for any person to violate any provision of this chapter.
2. Each violation of this chapter shall constitute a separate offense and each offense shall N"
punishable as a Class C misdemeanor and shall each be punishable by a fine not-�t
exceed $500.00 for each day the violation exists.
Exhibit A: Chapter 6.20. — Motorized Vehicles for Hire 7 of 7