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HomeMy WebLinkAbout1982-080201L NO O r-'? AN ORDINANCE AMENDING ARTICLE IV, SECTION 21-43 THROUGH SECTION 26-64 AND ARTICLE V, SECTION 24-130 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, REGULATING THE OPERATION OF TAXICABS IN THE CITY OF DENTON, PROVIDING FOR TAXICAB STANDS AND REGULATIONS THEREOF, PROVIDING FOR A LICENSE, PROVIDING FOR LIABILITY INSURANCE, PROVIDING FOR A PENALTY NOT TO EXCEED $200 00 FOR VIOLATIONS THEREOF, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That Article IV, Sections 26-43 through 26-64, of the Code of the City of Denton, Texas is hereby amended to hereafter read as follows ARTICLE IV TAXICABS Section 26-43 Definitions "City" The term "city" as used in this article shall mean the City of Denton, Texas "Driver" The term "driver" 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 "owner" as herein defined "Owner" The term "owner" when used in this article 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, whether as owner or otherwise, except as "driver" as herein defined "Person" The term "person" shall include both singular and plural, and shall mean and include any individual, firm, corporation, association, partnership or society, and their agents, servants or employees "Street" The term "street" as used in this article shall mean and include any street, alley, avenue, land, boulevard, PAGE ONE drive, public place or highway commonly used for the purpose of public travel within the incorporated limits of the City of Denton. "Taxicab" The term "taxicab" as used in this article shall mean every automobile or motor propelled vehicle used for transporation of passengers for hire over the public streets of the City of Denton and irrespective of whether or not the operations extend beyond the incorporated limits of the City of Denton, provided, however, the term "taxicab" shall not apply to motor buses operated within the incorporated limits of the City of Denton under a franchise from the city over a fixed or defined route, nor shall said term apply to motor buses regularly operated over a fixed and defined route in the city to or from points outside of the incorporated limits "Taximeter" The term "taximeter" as used in this article shall mean a machine adapted automatically to 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 "Waiting time" The term "waiting time" as used in this article shall mean such times 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 No charge shall be made against a passenger for any time lost on account of any other delay whatsoever Section 26-4A Taxicab Licenses (a) "Required" 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 of Denton, unless there has been obtained by the owner of and for such taxicab and existing in full force and effect, a license duly issued by the city secretary of the City of Denton as hereinafter provided PAGE TWO (b) "Necessity" No license to operate a taxicab shall be issued by the city secretary until the chief of police of the City of Denton has certified that 1 The taxicab has been properly inspected as required by the laws of the State of Texas, l The liability insurance required by this Article for each taxicab is in full force and effect 3 The taxicab or taxicab service has a definite and fixed place of business in the City of Denton and has a telephone number in service at which requests for taxicab service can be made (c) "Revocation or Suspension of License" Upon complaint against a licensee filed by any person with the chief of police, or upon his own motion, charging violation of any of the terms of this article, or any ordinances of the City of Denton, or laws of the State of Texas regulating motor vehicles, the chief of police after giving five (5) days notice of the grounds of said complaint to such licensee against whom complaint is made, may hear evidence with reference to such complaint, and after such hearing the chief of police may revoke or suspend the license for good cause shown (d) "Findings" After the chief of police has heard the complaint for the revocation or suspension of the license of any owner of a taxicab, he shall make his findings and declare the same, and either the owner of such taxicab or the complaintant shall have the right to appeal to the city council as hereinafter set out (e) "License Contents" Said license shall state the year for which it is issued, the name of the owner of said vehicle, shall designate that said vehicle is a "taxicab", shall state the make of said vehicle, the engine number of said vehicle, and the current license number of said vehicle, and shall state the amount of license tax paid for the operation of said vehicle and shall further state that the owner of said vehicle has deposited with the city an insurance policy for the protection of the PAGE THREE passengers thereof and of the general public as provided for in this article, and said license shall be signed by the city secretary Section 26-4.5 Public Liability Insurance (a) "Required" Before any license shall be issued to any owner of a taxicab hereinbefore defined, or before any renewal of licenses shall be granted, the owner shall be required to file with the city secretary, and thereafter keep in full force and effect, a policy of public liability insurance approved by the city attorney executed by an insurance company duly authorized to do business in the State of Texas, and performable in Denton County, -Texas, insuring the public against any loss or damage that may result to any person or property from the operation of such vehicle or vehicles, and the maximum amount of recovery in such policy of insurance specified, shall not be less than the following sums, to -wit (1) For total liability in any one accident for personal injuries or death, One Hundred Thousand Dollars ($100,000.00) (2), For the injury or death of any one person in any one accident, Three Hundred Thousand Dollars ($300,000 00) (3) For injury or destruction of property in any one accident, -Fifty Thousand Dollars (450,000 00) Provided, however, that if it be shown to the satisfaction of the chief of police that policies in the above amounts cannot be obtained, then policies in lesser amounts may be secured and filed in full compliance with the provisions hereof, upon certificate to that effect being filed with the city secretary by the chief of police, and upon approval of the stated lesser amounts by the city attorney (b) "Exceptions, Employees" The above described public liability insurance shall be for the protection of the passengers of said vehicles and for the public, but shall not cover personal injuries sustained by the servants, agents or employees of the person filing the same PAGE FOUR Cc) "Continuing Liability" All policies of public liability insurance shall contain a provision for a continuing liability thereon up to the full amount thereof, notwithstanding any recovery thereon (d) "Cancellation" In the event any policy is so cancelled upon the request of the surety or insurer, and no insurance policy is filed by said licensee before the cancellation of said original assurance, then the license to operate taxicabs granted to said licensee shall be automatically revoked (e) "City Not Liable".. Neither said city nor any officer thereof shall be held liable for the pecuniary responsibility or solvency of any such insurer, or in any manner become liable for any sum on account of any such claim or act or ommission relating to any such motor vehicle, nor shall the liability of the owner of any such motor vehicle be in any manner limited or changed in connection with this Article of such license or assurance but the judgment creditors having causes of action secured thereby shall be authorized to sue directly on such policy of insurance without impleading the City of Denton, and all persons known to any insurer to have been injured or damaged in the same accident and claiming damages thereunder may be made parties without priority of claim on payment in any suit had or instituted on account of such matters Section 26 46 License and Inspection fee (.a) "Amount, Term" In order to defray a part of the expense necessary to provide surveillance, supervision and inspection of taxicabs required under the terms and provisions of this Article, there is hereby levied a license and inspection fee of One Hundred Dollars ($100.00) per annum for each taxicab so operated, which fee shall be collected from every person, firm or corporation owning and operating taxicabs on the streets of the city by the city secretary before said license or renewal thereof is issued Said fee shall be payable in advance on an PAGE FIVE annual basis, and shall be due and payable for any year not later than the first day of January of any year, such fee to cover the calendar year If a license to operate any taxicab is granted during a current year the fee shall be paid for the balance of the year ending December thirty-first (b) "Sold, Wrecked, Destroyed � Vehicles" In the event a taxicab on which the fee has been paid for the then current year is sold, wrecked or destroyed, the owner thereof shall have the right to replace said taxicab with another, and upon written application to the chief of police, the license and inspection fee therefor paid on said taxicab so sold, wrecked, or destroyed shall be made applicable to the vehicle designated to replace such taxicab so sold, wrecked or destroyed, and the licensee shall surrender the license certificate on the vehicle so sold, wrecked or destroyed before receiving a new license certificate (c) "Lost License Certificates" In case any licensee shall lose his license certificate, said licensee shall worthwith and before doing any further business procure a duplicate license certificate from the city secretary, and shall pay for such duplicate license certificcate the sum of Five Dollars ($5 00) (d) "Refunds" There shall not in any event be any refund of license and inspection fees paid under this article (e) "Receipts" The fees shall be paid to the city cashier who shall issue a receipt therefor which shall be presented to the City Secretary before any license is issued Section 2&-47 Operation of Taxicab.Limited to Licensee u No taxicab for which a license shall have been issued shall be operated by anyone except the licensee thereof, or any employee properly qualified, and approved by the chief of police of taxicabs Licensee shall obtain the name, address and last place of employment of each and every licensed chauffeur applying for work before hiring him, and further said licensee shall forthwith furnish to the chief of police the name and PAGE SIX address of every licensed chauffeur before his being hired, and of every licensed chauffeur that may be discharged Section 26-4.8 Transfer of License No license issued under the terms of this article shall be transferred to any other person, nor shall such license be used for the operation of any vehicle except for the vehicle for which said license is issued Section 26-4.9 License to be Posed in Cab The license issued for the operation of a taxicab under the terms of this article shall be posted within said taxicab in a conspicuous place, and it shall be a violation of this article for a failure to do so Section 26-5A. Owner's Name, etc , Required on Cab Every taxicab shall have painted, or affixed by decal on the door of the cab the name of the owner or the trade name under which the owner operates, together with the owner's telephone number, and the cab number, and the number of the cab and the telephone number of the owner shall be affixed upon the rear of all such vehicles All the lettering mentioned in this paragraph shall be not less than two inches (2") in height, and not less than one-fourth inch (1/C') in stroke Section 26-52 Rights of Passengers Any driver employed to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination Section 26.-52. Taximeters, Rates to be Charged All fares shall be determined by a taximeter installed in each taxicab and a driver shall charge only a fee as computed by such taximeter Every taximeter so installed shall be kept in good operating condition and the taximeter or its drive system shall be sealed at all points which the components, if manipulated, could affect the function or accuracy of the taximeter. A driver shall not charge a fare for operating a PAGE SEVEN taxicab in the city that is inconsistent with the following established rates (a) Passengers will be charged as determined by the taximeter a minimum fare of one dollar and twenty cents ($1 20) including the first one -tenth (1/10) mile plus ten cents (40 10) for each additional one -tenth (1/10) mile from the point of pickup to destination (b) An extra charge of fifty cents ($(1 50) will be charged for each additional passenger (c) A surcharge of fifty cents ($0. 50) will be charged for any pickup occurring between the hours of S 00 pm and 60Aam (d) Passengers will be charged as determined by the taximeter a fare of twenty cents (,$0 20) for each one and one-half (1-1/2.) minutes of waiting time or traffic delay Section 26-53 Rates an Chauffeur's Name and License to be -Posted in. Cab There shall be posted in a conspicuous place on the inside of each licensed taxicab, in addition to the license issued to licensee required by this article, a card showing the rates charged by said taxicab There shall also be placed in a conspicuous place inside of each licensed taxicab a card bearing the name and chauffeur's license number of the driver of said taxicab as issued to him by the city secretary Section 26-5A Passengers Required to Pay Fare It shall be unlawful for any person to refuse to pay the legal fare of any of the vehicles mentioned in this Article after having hired the same Section 26-55 Passenger's Receipt, May Be- Required It shall be unlawful for the driver of any taxicab upon receiving full payment of a fare to refuse to give a receipt upon the request of any passenger making said payment Section 26-56. Charging Excessive Fares Unlawful It shall be unlawful for the owner or driver of any taxicab to refuse to convey a passenger at the rate specified on the rate card displayed in said taxicab, or demand or receive an amount in excess of the rates displayed on said card. Except, PAGE EIGHT that such owner or driver may refuse to convey a passenger then being guilty of misconduct or breach of the peace Section 26,-57 through Section 26.-64 Reserved SECTION II. That Article V,- Section 24-130 of Chapter 24 of the Code of Ordinances of the City of Denton, Texas is hereby amended to read as follows Section 24-130 Designation and use of Taxicab Stands (a) Taxicab stands or zones may be granted to any taxicab business where such stand or zone is necessary for the conduct of the business of said taxicab business subject to the provisions provided below (b) The owner of one or more licensed taxicabs desiring a taxicab zone or stand for a taxicab use shall make written application to the Traffic Support Commission on forms provided by such commission (c) If the commission finds that there is a need for such taxicab stand or zone it may approve such application and direct that such stand or zone be designated by sign or other appropriate markings upon receipt by the applicant of a fee of Two Hundred Fifty Dollars ($250 00) Thereafter, the applicant receiving such taxicab zone or stand shall pay an annual fee prior to October first of each year of One Hundred Fifty Dollars ($150 00) in order to renew the use of such zone or stand for taxicab purposes for one year (d) The denial of an application for a taxicab zone or stand may be appealed to the City Council (e) The driver of a taxicab shall not park upon any street in any business district at any time other than at a taxicab stand except said vehicle may temporarily stop or park in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in loading or unloading passengers (f) No person shall stop, stand or park a vehicle other than PAGE NINE a taxicab in a taxicab stand or zone when such zone or stand has been officially designated and appropriately marked, except that a drive of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any taxicab waiting to enter or about to enter such stand or zone SECTION III.. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the requirements thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($2.00.00) Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such person shall be punished within the limits above SECTION IV That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City.Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the / Z day of 1982 CI OF NTON, TEXAS ATTESTt CHARLOTTE CITY RETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C ,J TAYLOR,.JR., CITY ATTORNEY CITY OF DENTON, TEXAS �PAGE TEN IN THE MATTER OF C4TY OF DENTON (CHARLOTTE ALLEN) THE STATE OF TEXAS County of Denton Roy Appleton, Jr being duly sworn, says he is the General Manager of the Denton Record - Chronicle, a newspaper of general circulation which has been continuously and regularly published for a period of not less than one year in the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper on the follow- ing dates 82-80 Regulating the eaeration of taxicabs in Denton 21 October Subscribed and sworn to before me this day of _ 19- Witness my hand and official se a�I �_� n/-, Notary Public, Denton County, Texas