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1967-008 NO AN ORDINANCE AMENDING THE CODE OF THE CITY OF DENTON PROVIDING FOR THE LICENSING OF TAXICABS AND DRIVERS, REGULATING TAXICABS, PROVIDING FOR RATES FOR CARRIAGE OF PASSENGERS, FOR POLICIES OF INSURANCE, AND REVO- CATION OF LICENSE, CREATING THE OFFICE OF INSPECTOR OF TAXICABS, DEFINING HIS DUTIES, AND PROVIDING FOR APPEAL FROM HIS DECISION, PROVIDING FOR PENALTIES FOR VIOLATION OF SAID ORDINANCE, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS SECTION I. That the Code of Ordinances of the City of Denton, Texas, is hereby amended and supplanted by adding new Sections 26-43 through 26-64, ~nclus~ve, to said Code which shall hereafter read as follows SECTION 26-43 - DEFINITIONS CITY - (a) The term "City" as used in this ordinance shall mean the City of Denton, Texas. STREET - (b) The term "Street" as used in this ordinance shall mean and include any street, alley, avenue, land, boule- vard, drive, public place or highway commonly used for the purpose of public travel wlth~n the zncorporated limits of the C~ty of Denton TAXICAB - (c) The term "Taxicab" as used in thzs ordznance shall mean every automoblle or motor propelled vehicle used for transportation of passengers for h~re over the publzc streets of the C~ty of Denton and irrespective of whether or not the operaltlons extend beyond the incorporated l~m~ts of the C~ty of Denton PROVIDED, however, the term "Tax~cab" shall not apply to motor buses operated w~thln the incorporated l~mzts of the City of Denton under a franchise from the Czty over a fzxed or defined route, nor shall sald term apply to motor buses regular- ly operated over a f~xed and defined route zn the C~ty to or from points outside of the ~ncorporated llmlts PERSON - (4) The term "Person" shall ~nclude both singular and plural, and shall mean and ~nclude any ~ndzvzdual, fzrm, corporation, association, partnershzp or soczety,and their agents, servants or employees CRUISE - (e) The term "Cruise" or "Cruising" as used in thzs ordinance shall mean the movement of unoccupied tax~cabs over the publmc streets of the City of Denton ~n search of prospective passengers for hire EXCEPT, however, unoccupied taxzdabs proceeding to answer a telephone call for taxlcab servmce from an ~ntend~ng passenger, and tax~cabs returning by the most d~rect roads, after havzng discharged a passenger, to the garage where such taxicab is housed, or to the unoccupzed tax~cab stand nearest the place of dzscharge of the passenger or passengers, shall not be conszdered to be cruising Page 1 OWNER - (f) The term "Owner" when used in this ordinance shall be construed to mean any person, firm, corporation, association, partnership or society who has the control, direc- tion, maintenance and the benefit of the collection of revenue derived from the operation of taxicabs on or over the streets or public ways of theClty, whether as owner or otherwise, except as "Driver" as hereinafter defined DRIVER - (g) 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 em- ployee of the "Owner" as herein defined TAXIMETER - (h) The term "Taximeter" as used in this ordinance shall mean a machine adapted automatically to calcu- late, at a predetermined rate or rates, and to register, the charge for hire of a tax,cab and such charges shall be indicat- ed by means of figures WAITING TIME - (1) The term "Waiting Time" as used in this ordinance 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 be- fore reachlng his final destination and no charge shall be made agalnst a passenger for any time lost on account of any other delay whatsoever SECTION 26-44 - INSPECTOR OF TAXICABS. Ail taxicabs shall be under the supervision of an officer to be known as Inspector of Taxicabs of the City of Denton, who shall be appointed by the City Manager SECTION 26-.45 - DUTIES OF INSPECTOR OF TAXICABS (a) APPLICATION - It shall be the duty of said Inspector of Taxicabs and his successors in office, to receive from owners applications for permit to operate taxicabs, and to receive applications for chauffeur's license, conduct hearing thereon, from time to t~me inspect the operations of taxicabs within the incorporated limits of the City, and to perform such other and further duties as may be required of him in connection with sa~d taxicab bus~ness (b) INSPECTION - It shall be the duty of every owner to have every taxicab licensed hereunder inspected every slx (6) months by a qualified automobile mechanic doing business in the C~ty, which mechanic shall be approved for maklng such test by the Inspector of Taxicabs such test to include condi- tion of lights, brakesj steering un~ts, and general mechanical condition, and such mechanlce shall issue his certificate certi- fying that such vehicle has been tested showing the date thereof and the description of the vehicle, and that the same ~s in good mechanical condlt~on, which shall be f~led with the Inspector of Taxicabs, who shall then paste a paper seal on said vehicle statlng the date said vehicle was inspected, and that said vehicle was approved by him No taxicab shall be operated in the City without the approval seal of the Inspector of Taxicabs being attached Page 2 thereto. If said Inspector of Taxicabs finds that said taxicab ~s ~n a defective condition and ~s unsafe to be used as a taxlcab he shall order sa~d vehicle not to be used as a taxicab untll sald defect is remedied After the owner of sald vehicle has remedied sa~d defect, he shall again offer same for ~nspect~on, and ~f said Inspectorof Tax~cabs shall find sa~d vehicle to be safe for public use he shall approve said as hereinbefore provided If said vehicle is st~ll ~n a defecltlve condition he shall order the same not to be used until ~t passes the inspection of sa~d Inspector No additional fee for said lnspect~on shall be charged No taxicab found to be unsafe by the Inspector of Tax~cabs shall be operated over the streets of the C~ty Nothing here~n, however, shall pre- vent said Inspeotor of Tax.cabs from inspecting any tax.cab at any reasonable time that he sees f~t, and upon finding ~t to be ~n a defective condition shall order its use as a tax.- cab discontinued until same is approved. A complete record shall be kept by sa~d Inspector of all inspections made (c) DEFECTIVE TAXI - Should the Inspector of Tax~cabs flnd any taxicab ~n a defective condition and shall order ~ts use as a tax~cab d~scont~nued the owner of such taxicab shall have the right to appeal to the C~ty Council as hereinafter provided SECTION 26-46 - LICENSES (a) REQUIRED - It shall be unlawful for any person to dr~ve or operate, or cause to be driven or operated, any taxi- cab upon or over any street in the C~ty of Denton, unless there has been obtained by th~owner of and for such tax~cab and exlst- lng ~n full force and effect, a license duly issued by the C~ty Secretary of the Clty of Denton as hereinafter provided (b) NECESSITY - No l~cense to operate taxicabs shall be · ssued by the City Seoretary until the Inspector of Taxicabs of sa~d Clty shall, after a hearing duly had, declare by cert- ificate that the pu~llc convenience and necessity require the proposed tax~cab service for whlch application for l~cense ~s made (c) NECESSITY, HOW DETERMINED - In determining whether public convenience and necessity require the licensing of such tax.cabs for which application may be made, the Inspector of Tax.cabs shall take ~nto consideration whether the demands for pu l~c convenience and necessity require such proposed or such additional tax.cab serv~oe within the C~ty, the f~nanclal responslb~l~ty of the applicant, the number, kind, type and ownership of equipment, the lncreased traffic congestion on the streets of the C~ty which may result, and whether the safe use of the public streets of the City by the public, both vehicular and pedestrian, w~ll be unduly endangered by the granting of such additional l~cense, and such other relevant facts as the Council may deem advisable or necessary, which may throw llght on the public necessity and convenience (d) APPLICATION, HEARING - Any applicant for a taxlcab l~cense under the provision of this Section, shall make proper application therefor on blanks to be furnished by the Inspector Page 3 of Taxicabs, andlmmedlately upon filing of such applacatlon the Inspector of Tax,cabs shall cause a notice to be published · n the official newspaper of the C~ty, the cost of publishing sa~d not~oe shall be advanced in full by the applicant, and said not,ce shall state that application has been f~led for a taxicab license, setting forth the name of the applicant, k~nd of equipment, theownersh~p of same, and all other pertinent data set forth in said application which theClty Council may deem necessary, and said publ~oat~on shall constitute a notlce to all holders of the ex~stlng tax~cab licenses that a publ~ hearing will be held by the Inspector of Taxicabs at a publlc place an the C~ty of Denton, Texas, to be designated, at a t~me given in said not~ce, sa~d designated time shall not be less than five days nor more than fifteen days after date of the first publa- cation of sa~d not~ce, and said not,ce, is to be published for three successlve days All holders of taxacab licenses or any other citizen shall thereupon be entitled to file any comp- lalnts or protests that sa~d party may see fit In all such hearings the burden of proof shall be upon the applicant to establish by clear, cogent and convincing evidence that the public convenience and necessaty require such operation of the vehicle or vehicles for which saad appllcataon has been made (e) CERTIFICATE - If the Inspector of Taxicabs finds from his investigation and hearing that the publac convenience and necessity justify the operation of the vehicle or vehicles for which sa~d license is desired he shall notify the applicant of his finding, and w~thln fave days thereafter the applicant shall furnish to the Inspector of Taxicabs any and all relevant information which may be required and if the Inspector of Taxi- cabs then f~nds that the applicant ~s the owner of the vehicle or vehicles for whlch license is desired, as the term "owner" as defined in this ordinance, he shall require of such applacant a policy of insurance as hereinafter provided, and ~f he shall further find that such policy of insurance has been filed, and approved as hereinafter provaded for, and such vehacle or vehicles comply w~th and the applicant has complied w~th all relevant ord- inances of the Clty, and all rules and regulations established to more effectively carry out the purpose and intent of th~s ordinance, he shall issue h~s wratten certificate to the City Secretary certifying that the public convenience and necessity require the operation of sa~d tax~cabs, or any less number there- of which the applicant desires and proposes to operate, and that said appllcant is entitled to have sa~d vehicle or vehicles licenses as taxicabs upon complying w~th all other provisions of th~s ordinance (f) NOTICE - If the Inspector of Ta, xlcabs finds from such investigation and hearing that the public ~onvenlence and nec- ess~ty do not justify the operation of the vehicle for which license is desired, he shall forthwith not~fy the applicant of said f~ndlng (g) APPEAL - After the Inspector of Tax,cabs has made his flndlngs and has declared the same, either the applicant for sa~d,l~cense or the opponent or opponents of said applacat~on shall have the r~ght to appeal to the City Council of the City of Denton, as hereinafter provided Page 4 (h) MAY REVOKE OR SUSPEND - Upon complaint against a license filed by any person w~th the Inspector of Taxicabs, or upon has own motlon, charging violation of any of the terms of this ordinance, or any ordinances of the C~ty of Denton, or laws of the State of Texas regulating motor vehicles, the Inspector of Taxlcabs after glvlng five days not.ce of the gound of sa~d complaint to such licensee against whom complaint · s made, may hear evidence w~th reference to such complaint, and after such hearing the Inspector of Tax~cabs may revoke or suspend the l~cense for good cause shown (~) FINDINGS - After the Inspector of Taxicabs has heard the complaint for the revocation or suspension of the l~cense of any owner of a taxicab, he shall make h~s f~nd~ngs and declarethe same, and e~ther the owner of such tax~cab or the complainant shall have the right to appeal to the C~ty Council as hereinafter set out (]) LICENSE CONTENTS - Sa~d l~cense shall state the year for which ~t ~s issued, the name of the owner of said vehicle, shall designate that sa~d vehicle is a "Tax~cab", shall state the make of sa~d vehicle, the engine number of sa~ vehicle, and the current l~cense number of said vehicle, and shall state the amount of l~cense tax pa~d for the operation of said vehicle and shall further state that the owner of said vehicle has de- poslted w~th the City an ~nsurance policy for the protection of the passengers thereof and of the general public as provided for in this ordinance, and said l~cense shall be signed by the C~ty Secretary, and countersigned by the Inspector of Taxicabs S~CTION 26-47 PUBLIC LIABILITY INSURANCE (a) REQUIRED - Before any lzcense shall be ~ssued to any owner of a tax~cab hereznbefore defzned, or before any renewal of llcenses shall be granted, the owner shall be required to fzle with the City Secretary, and thereafter keep in full force and effect, a policy of public liability ~nsurance approved by the Clty Attorney executed by an insurance company duly authorized to do busmness ~n the State of Texas, and performable in Denton County, Texas, insuring the public agaznst any loss or damage that may result to any person or property from the operation of such vehicle or vehzcles, and the maximum amount of recovery ~n such policy of znsurance specified, shall not be less than the following sums, to w~t For total l~abll~ty in any one accident for personal ln3ur~es or death, $90,000 00 For the ~n]ury or death of any one person ~n any one accident, $10,000 00 For ~nDury or destruction of property ~n any one accident, $5,000 00. PROVIDED, HOWEVER, that if it be shown to the satlsfact~on of the Inspector of Tax~cabs that pol~czes ~n the above amounts cannot be obtazned, then policies ~n lesser amounts may be se- cured and fzled in full compliance w~th the provisions hereof, upon Cert~flcate to that effect being filed wzth the City Secretary by the Inspector of Taxzcabs, and upon approval of the stated lesser amounts by the Clty Attorney Page 5 (b) EXCEPTIONS, EMPLOYEES - The above described public liability insurance shall be for the protection of the passengers of said vehlcles and for the pbllc, but shall not cover personal ln]urles sustained by the servants, agents or employees of the person as filing the same (c) CONTINUING - All policies of public l~ab~llty ~nsurance shall contain a provlslon for a continuing l~ablllty thereon up to the full amount thereof, notwathstandlng any recovery thereon (d) JUDGMENT-EXECUTIONS - In the event of the return un- sat~sfaed of any execution assued on any f~nal ]udgment rendered agaanst any such person, firm or corporation, an any actaon for damages on account of injury to person or property occasaoned by the operataon of any such motor vehicle, such person, firm or corporataon, wathln ten days after the return of such execu- tion unsatisfied, provided said judgment is stall unpaid, shall ancrease the amount of thear ansurance by the amount of such judgment, and faalang to do so shall forthwath cease the operation of motor vehacles in the Caty until such additional insurance as deposited or such judgment as paid (e) RELEASE OF INSURER - In the event that any insurer may desare to be released from any ansurance, at may gave wratten notice of such desire to the Inspector of Taxicabs at least ten days before at desires 1ts llabalaty released, and the Inspector of Taxicabs shall thereupon give written notace by personal delivery or by maal to any such licensee, and demand that saad lacensee, furnash new assurance before or upon the expiration of the ten-day period above provided for and shall dascharge such farst ansurer from any liability whach shall accrue after the time of approval by the City Attorney of such new polacy that said licensee may fale, or shall dascharge such farst ansurer after the exparataon of said ten-day period (f) CANCELLATION - And, PROVIDED FURTHER, in the event any policy is so cancelled upon the request of the surety or insurer, and no insurance policy Ks filed by said l~censee before the cancellataon of saad orlganal assurance, then the lacense to operate taxacabs granted to said licensee shall be automatically revoked (g) CITY NOT LIABLE - An~, PROVIDED FURTHER, that neither saad City nor any officer thereof shall he held liable for the pecuniary responsabal~ty or solvency of any such insurer, or in any manner become laable for any sum on account of any such claam or act or omlssaon relating to any such motor vehicle, nor shall the laaballty of the owner of any such motor vehacle be in any manner l~mzted or changed in connection with th~s orda~ance of such license or assurance but the judgment creditors havang causes of actlo~secured thereby shall be authorized to sue directly on such policy of insurance without zmpleadlng the Caty of Denton, and all persons known to any insurer to have been injured or damaged in the same accident and clalmang damages thereunder may be made partaes without praoraty of claim on pay- ment in any suat had or anstatuted on account of such matters SECTION 26-48 - TAXES (a) After the Inspector of Taxacabs has issued certlfacates to the City Secretary as provaded for ~n this ordinance, and Page 6 before any license or renewal of 1Kcense, to operate a tax~cab shall be issued, the City Secretary shall examine the Tax Records of the C~ty and ascertain whether or not the ad valorem taxes assessed by the C~ty against the vehicle or vehicles and other equipment to be used in the buslness of the appllcant have been fully pa~d If sa~d ad valorem taxes have not been paKd, said C~ty Secretary shall refuse to ~ssue the applicant such l~cense or renewal thereof until all of said ad valorem taxes have been pa~d If said ad valorem taxes have been pa~d saKd CKty Secretary shall lssue to sa~d applicant for l~cense a l~cense or renewal thereof for each and every vehicle as shown by the certificate as provided for in thls ordKnance f~led with him by the Inspector of Taxicabs to operate such vehicle or vehicles over the streets of the City as a Taxicab, upon payment by sa~d applicant of the llcense and inspection fees hereinafter provlded for In no event shall a l~cense or cert~fKcate be issued wlthout a certificate of publlc convenience and necessity having been ~ssued for same by the Inspector of Tax,cabs, and Kf any llcense ~s lssued w~thout sa~d certKflcate sa~d l~cense shall be void and of no effect. (b) It shall be the duty of every owner of every taxicab operated wKthln the C~ty to render all vehKcles or other equlp- ment used in such buslness, and a failure to render for and to pay such ad valorem taxes to the Clty before they become delinquent shall operate as a revocation of any license or permit authori- zing the operation over the public streets, alleys and ways of the Clty of any such tax,cab (c) No permit or l~cense or renewal thereof authorizing the operation of any suoh tax,cabs on the streets, alleys and ways of the C~ty shall ever be ~ssued if any delinquent taxes are ~ue the C~ty upon any tax~oab for which such permit or l~cense or renewal thereof is sought or if the owner there of has falled to render same for ad valorem taxation SECTION 26-49 - LICENSE AND INSPECTION FEE In order to defray a part of the expense necessary to provide surveillance, supervision and ~nspectlon of taxicabs required under the terms and provisions of thKs ordinance, there ~s hereby lev~ed a license and Knspectlon fee of $15 00 per annum for each tax,cab so operated plus $20 00 per annum, which fee shall be collected from every person, firm or corpor- ation owning and operatlng tax,cabs on the streets of the City, by the C~ty Secretary before sa~d license or renewal thereof · s ~ssued Sald fee shall be payable in advance on an annual basks, and shall be due and payable for any year not later than the 1st day of January of any year,such fee to cover the calendar year If a l~cense to operate any tax~cab is granted during a current year the fee shall be pald for the balance of the year ending December 31st IN the event a tax~cab on which the fee has been pa~d for the then current year Ks sold, wrecked or destroyed, the owner thereof shall have the r~ght to replace sald~taxlcab wlth another, and upon wrKtten appllcatKon to the Inspector of Taxlcabs, the l~cense and inspection fee therefor pa~d on sa~d tax,cab so sold, wrecked, or destroyed shall be made applicable to the vehlcle designated to replace such taxa- cabs so sold, wrecked or destroyed, and the 1Kcensee shall surrender the l~cense certificate on the vehicle so sold, wrecked or destroyed before received a new l~cense certificate In case any llcensee shall lose his Page 7 license certificate, sald l~censee shall forthwith and before doing any further business procure a duplicate l~cense cert~f~- cate from the City Secretary, an~ shall pay for such duplicate l~cense certificate the sum of One Dollar ($1 00). There shall not ~n any event be any refund of license and ~nspect~on fees pa~d under th~s ordinance The fees shall be pa~d to the City Secretary who shall ~ssue a receapt therefor on a form prepared by h~m for that purpose. SECTION 26-5.~ - USED BY LICENSEE ONLY, AND APPROVED CHAUFFERS No tax~cab for which a l~cense shall have been issued shall be operated by any one except the l~censee thereof, or any employee properly qualified, and approved by the Inspector of Tax,cabs L~censee shall obtain the name, address and last place of employment of each and every l~censed chauffeur apply- ang for work before hiring h~m, and further saad lacensee shall forthwith furnish to the Inspector of Tax~cabs the name and address of every licensed chauffeur before has being hired, and of every l~censed chauffer that may be d~scharged SECTION 26-51 - TRANSFER OF LICENSE No llcense ~ssued under the terms of th~s ordlnance shall be transferred to any other person, nor shall such license be used for the operataon of any vehlcle except for the vehicle for which sa~d l~cense ~s ~ssued SECTION 26-52 - LICENSE POSTED IN CAB The license assued for the operation of a tax~cab under the terms of th~s ordanance shall be posted wlthan saad taxacab · n a conspicuous place, and it shall be a v~olatlon of thas ordinance for a failure to do so sECTION 26-53 - OWNER'S NAME ON CAB Every tax,cab 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 w~th 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 ~n th~s paragraph shall be not less then two ~nches an height, and not less than one-fourth (%) ~nch in stroke SECTION 26-54 - RIGHTS OF PASSENGERS Any driver employed to carry passengers to a definite point shall take the most d~rect route possible that w~ll carry the passengers safely and expeditiously to thear destination SECTION 26-55 - FARES TO BE CHARGED - RATES It shall be unlawful for any person to charge more for transporting passengers for h~re w~thln the C~ty than provaded · n the followang schedule From Zone 1 to another point ~n Zone 1 $0 50 From Zone 1 to Zone 2 0 75 Page 8 From Zone 1 to Zone 3 . . $1 00 From Zone 2 to Zone 1 0 75 From Zone 2 to Zone 2 crossing Zone 1 0 85 From Zone 2 to Zone 3 1 00 ~ From Zone 3 to Zone 1 1 00 From Zone 3 to Zone 2 1 00 From Zone 3 to Zone 3 crossing intervening. 1 ~0 J zones The above schedule of rates shall apply to the first passenger, and a fee of thirty cents (30¢) for each additional passenger shall be the ~axlmum charge where the additional passenger or passengers are picked up at the same point and are transported to the same point as the first passenger. In the case of children between the ages of 6 and 12 years of age the fare charged shall be one-half (%) that of an adult fare SECTION 26-56 - FARES POSTED There shall be posted in a conspicuous place on the inside of each licensed taxicab, in addition to the l~cense issued to licensee r equated by this ordinance, a card showing the rates charged by said taxicab There shall also be placed in a con- splcuous place inside of each licensed taxicab a card bearing the name and chauffeur's lacense number of the dr~ver of said taxicab as assued to ham by the City Secretary SECTION 26-57 - FARES MUST BE PAID It shall be unlawful for any person to refuse to pay the legal fareof any of the vehicles mentaoned in this ordinance after having hired the same SECTION 26-58 - RECEIPTS TO PASSENGERS It shall be unlawful forthe driver of any taxicab upon receiving full payment of a fare to refuse to g~ve a receipt upon the request of any passenger making said payment SECTION 26-59 - EXCESSIVE FARES It shall be unlawful for the owner or driver of any tax~cab to refuse to convey a passenger at the rate spec~fled on the rate card displayed in said taxicab, or demand or receive an amount an excess of the rates displayed on said card Except, that such owner or driver may refuse to convey a passenger than being gualty of misconduct or a breach of the peace SECTION 26-60 - CRUISING No draver shall cruase in search of passengers at any tame, and whenever a taxacab is unoccupied the driver shall proceed at once by the most direct route to the garage where the vehicle is housed, or to the licensee's nearest taxicab stand or lot SECTION 26-61 - SOLICITING It shall be unlawful for any owner or driver of any tax~cab, or for any other person, to seek or solicit patrons or passen- gers for any such taxicab by word or by sign, directly or in- Page 9 directly wh~le driving any such taxacab over, through, or in any publlc street or public place of the Caty or whale same ls parked on any publlc street or alley of the City or to repeat- edly or perslstently dr~ve any taxlcab through, over or on any publlc streets or places of the Caty, except an response to calls by patrons for sa~d tax,cab, or wh~le actually transport- ang passengers there~n SECTION 26-62 - LOCATION OF TAXICABS (a) No tax,cab shall be located upon any street of the City except upon permlt therefor issued by the Inspector of Taxicabs, after application by any owner setting forth the place where saad stand ls desared to be placed and the number of cabs to be kept at such place Any such permit may be re- voked at any t~me by the Inspector of Tax~cabs, after hearing, after f~ve days not,ce to the owner, on h~s own motion or on the appllcat~on of any ~nterested party (b) After the Inspector of Tax,cabs has held hearang for the grantlng of a permlt for location of any taxicab stand upon any street ~n the C~ty, or for the revocation of any such permlt, he shall make his f~nd~ng and declare the same and either the owner or any ~nterested party shall have the r~ght to appeal to the C~ty Council of the City of Denton as hereinafter provided SECTION 26-63 - LICENSED CHAUFFEURS (a) It shall be unlawful for any person to dr~ve or operate or cause to be drlven or operated, any taxlcab for hare upon or over the streets of the C~ty of Denton unless the dr~ver of sa~d tax~cab shall have obtaaned a chauffeur's lacense assued by the C~ty Secretary (b) All l~censed chauffeurs when operating a taxicab must keep themselves clean ~n person and dress, and they must das- play the card lssued to them by the Clty Secretary ~n sald taxacab (c) APPLICATION - Any person deslrlng to obtaan a chauffeur's license to operate a tax,cab shall f~le with the Inspector of Taxacabs application therefor on blanks to be furnished by sald Inspector, g~vang his name, age, present address and place of employment during the past three years, wath the reason for leaving such employment, and whether such appllcant has ever been convlcted of a v~olatlon of a motor vehlcle, traffac or criminal law of the Clty of Denton or the State of Texas, glvlng particulars of each offense charged Two photographs, front and slde view, of the applicant shall be made at the dlrectaon of the Inspector of Taxicabs (d) INVESTIGATION - The Inspector of Taxacabs as hereby authorized and d~rected ~n consaderang such appllcataon for chauffeur's l~cense~ make such lnvestagataon as the C~ty Councal may deem necessary to determine the fltness of the applacant for chauffeur's l~cense, and if sa~d Inspector f~nds that sa~d appllcant ~s d~squal~f~ed to dr~ve a tax,cab for hire on the streets of the C~ty of Denton, at shall be the duty of saad Inspector of Tax,cabs to refuse to issue certificate of recom- mendatlon for such l~cense In no event shall a chauffeur's l~cense be ~ssued to any person who has been convicted of the Page 10 violation of any of the criminal laws of the State of Texas, or the ordlnances of the City of Denton, involving moral turpitude, nor shall any license be issued to any person under twenty-one years of age (e) CERTIFICATE - If the Inspector of Taxicabs finds that applzcant should be granted a chauffeur's l~cense he shall ~ssue his written certificate to the Clty Secretary certifying such fact and recommending the issuance of l~cense (f) NOTICE - If the Inspector of Taxicabs finds from ~n- vestlgatlon that applicant should be refused a chauffeur's license he shall forthwith notify the applicant of such finding (g) APPEAL - After the Inspector of Tax.cabs has made his flnd~ng, and has declared the same, the applicant for said l~cense shall have the r~ght of appeal to the City Councal, as hereinafter provided (h) MAY REVOKE OR SUSPEND - Upon complaant by any person filed by any person against a driver with the Inspector of Taxlaabs, or upon has own motlon, charging vaolat~on of any of the terms of this ordlnance or any ordinances of the City, or laws of the State of Texas regulating motor vehicles, or for other good cause, the Inspector of Taxicabs, after giving five days notice of the ground of sald complaint to such driver against whom complaint ~s made, may hear evidence wath reference to such complaant, and after suah hearing the Inspector of Taxa- cabs may revoke or suspend the l~cense assued by the City to such person to drave or operate a taxicab for good cause shown (~) APPEAL - After the Inspector of Tax~cabs has heard the complaant forthe revocation or suspension of a lacense he shall make his fandangs and declare the same, and e~ther the saad driver or the complalnant shall have the rlght to appeal to the C~ty Council as hereinafter provided (]) METHOD OF APPEAL - In any anstance where an appeal as permitted hereln from a decision or determination of any matter by the Inspector of Tax.cabs, to the City Council, such shall be perfected w~than ten days from the date of such decasaon by letter from the person makang such appeal addressed to the Nonorable Mayor and C~ty Council of the Caty of Denton statang that an appeal from the decision of the Inspector of Taxicabs is desired to the C~ty Councll as a whole, and statang the declslon appealed from, and the date thereof The City Councll as soon as practlcable after receavang such notace of appeal shall grant sa~d appellant a hearing, and after such hearing shall modify, sustaln or reverse the findings or dec~slon of the I~nspe~tor of Tax.cabs, and shall forthwath certafy ats decas~on to the Inspector of Tax~cabs and to the appellant for observance If no appeal ~s taken from the findings or dec~slon made by the Inspector of Taxlcabs wathan the tame provided here- an, the decasaon of the Inspector of Tax.cabs shall be fanal SECTION 26-63 - CU~JLATIVE This ordinance shall be supplementary to and cumulative of all other subs~stang ordinances of the City of Denton governing the operation of vehicles, but any ordinances or parts thereof an conflict herewith shall be and are hereby repealed Page 11 SECTION 26-64 - CURRENT DRIVERS (a) Any person operating taxicabs as herein defined, and prior to the passage and approval of this ordinance, shall have thirty days from and after its passage and approval within which to make application for permit as herein provided, and to otherwise comply w~th the requirements of this ordinance, and no fines or other penalties shall be assessed against such person, firm or corporation during such period for v~olat~on of any provisions herezn contazned (b) Any person driving a taxzcab as herein defined, and prior to the passage and approval of this ordznance, shall have fifteen days from and after its passage and approval wlthzn whzch to make application for chauffeur's lzcense as herezn provided, and to otherwise comply wzth the requirements of thzs ordinance, and no fznes or other penaltzes shall be assessed against such person during such period for vlolatzon of any provisions here~n contained SECTION II. The chauffeur's license when issued shall not be trans- ferable, and same shall be for a perzod of not to exceed one year, and each license shall cease and termznate on the 31st day of December followzng the date of such issuance No fee shall be charged for such lzcense SECTION III PENALTY - Any person, firm, corporation, assoczatlon or partnershlp vzolatlng any provzszon of thzs ordznance shall be deemed guzlty of a mzsdemeanor, and upon conviction thereof shall be punzshed by a fine of not more than $200 00 and every day any such vzolatzon contznues shall constztute a separate offense SECTION IV VALIDITY - If any section or provzslons of any sectzon of thzs ordinance shall be held to be vozd, zneffectlve or uncon- stztutlonal, the holdzng of any such section or provzszons of any section to be void, lneffectzve or unconstitutional for any cause whatsoever shall not affect the valzdlty of the re- maznlng sectzon and provzszons of this ordznance SECTION V REPEAL - All ordinances or parts of ordznances zn conflzct herewith shall be and are hereby repealed, and Sections 26-43 through 26-62 of the exzstlng Code of Ordznances are hereby expressly repealed SECTION VI PUBLICATION AND EFFECTIVE DATE - That thzs Ordznance shall become effective fourteen (14) days from the date of its passage, and the Czty Secretary is hereby dzrected to cause the caption of thzs Ordznance to be published twzce an the Denton Record- Chronzcle wzthzn ten (10) days of the date of its passage Page 12 PASSED AND APPROVED thls~_~day of February, A D 1967 ...... , Mayor City of Denton, Texas ATTEST ~ty Secretary City of Denton, Texas APPROVED AS TO LEGAL FORM Page 13