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20-2059ORDINANCE NO.20-2059 AN ORDINANCE OF THE CITY OF DENTON AMENDING THE MUNICIPAL CODE OF THE CITY OF DENTON, CHAPTER 25 TITLED STREETS, SIDEWALKS AND PUBLIC PLACES BY REPEALING SECTION 25-211 “FUNERAL ESCORTS” WHIC'H ESTABLISHES FEES CHARGED BY THE POLICE DEPARTMENT FOR FUNERAL ESCORTS; BY ADDING ARTICLE VII TITLED “VEHICLES FOR HIRE” TO ALLOW THE ESTABLISHMENT OF PRIVATE MOTOR VEHICLE ESCORT SERVICES WITHIN THE CITY OF DENTON, TEXAS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A PENALTY; PROVIDING CODIFICATION; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, upon the recommendation of the Denton Police Department, the City Council now finds it is in the best interests of public health, safety, and welfare to repeal Section 25-211 of Article IV of Chapter 25 of the Code of Ordinances and to adopt Article VII of Chapter 27 of the Code of Ordinances to allow the establishment of private motor vehicle escort services within the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The recitals contained in the preamble of this ordinance are hereby incorporated into the body of this ordinance as true and correct. SECTION 2. That Chapter 25, Article IV, Sections 25-211 is hereby repealed in its entirety. SECTION 3. That Chapter 27, Article VII, Motor Vehicle Escort Services, is hereby adopted as follows: ARTICLE VII. MOTOR VEHICLE ESCORT SERVICES SECTION 27-230. DEFINITIONS a) MOTOR VEHICLE ESCORT GUIDE means a person engaged in the business of furnishing a private motor vehicle escort for hire who personally escorts or guides a funeral, or an employee of a person engaged in the business of furnishing private motor vehicle escort service for hire. b)PRIVATE MOTOR VEHICLE ESCORT AGENCY means a person, firm or corporation engaged in the business of furnishing private motor vehicle escorts for hire, which employs one or more persons as employees, assistants, clerks or motor vehicle escort guides Page 1 of 11 SECTION 27-231. ESCORT LICENSE REQUIRED. A person commits an offense if he engages in the business of furnishing a private motor vehicle escort for hire within the City, without first obtaining an escort license; provided, that persons engaged in the business who are employed by a duly licensed private motor vehicle escort agency shall not be required to be individually licensed. SECTION 27-232. SAME – MINIMUM AGE OF PERSON OBTAINING A person must be 18 years of age to be eligible for an escort license to engage in the business of furnishing private motor vehicle escorts. A person licensed to engage in the business of furnishing motor vehicle escort service for hire shall not employ as an escort guide, a person under 18 years of age. SECTION 27-233. SAME – APPLICATION; INFORMATION REQUIRED. A person desiring to conduct a private motor vehicle escort agency or business in the City shall file with the chief of police or his designee a written application on a form provided for the purpose, duly signed and verified, which shall state the full name, age, and residence of the licensee, shall specify the trade name and address or location from which the business or agency will operate and for which the escort license is desired, and other relevant facts as may be required by the chief of police. SECTION 27-234 SAME – INVESTIGATION; ISSUANCE. The chief of police or his designee shall make or cause to be made an investigation to determine the qualifications of each applicant for an escort license, and based upon those findings, the chief of police or his designee shall approve or disapprove issuance of an escort license to engage in the business of conducting private motor vehicle escorts. Upon the approval of issuance of an escort license, the applicant shall present the payment of the proper license fee upon notice of approval and the City of Denton Police Records Section shall then issue the proper license certificate SECTION 27-235. SAME – REFUSAL TO ISSUE OR REVIEW The chief of police shall refuse to approve the issuance or renewal of an escort license for any one or more of the following reasons: (a) conviction of applicant or licensee for a violation of this article or for a felony within the preceding five years; (b) the making of a false statement as to a material matter in an application for an escort license or renewal; Page 2 of 1 1 (c) revocation of a license, pursuant to this article, of the applicant or any proprietor, partner or corporate officer therein, within one-year preceding application; (d) failure of applicant to comply with the insurance requirements of this article. SECTION 27-236. SAME – REVOCATION (a) An escort license shall be revoked by the chief of police for any one or more of the following reasons: (1) the making of a false statement as to a material matter in an application for a license, renewal, or a hearing concerning the license; (2) conviction of the licensee of a violation of this article or for a felony; (3) failure of the licensee to comply with the insurance requirements of this article. (b) Written notice of revocation shall be sent by the chief of police or his designee to the licensee, by certified mail, return receipt requested, setting forth the reasons for the revocation. SECTION 27-237. SAME – APPEAL If the chief of police refuses to issue an escort license to an applicant or revokes the license of a licensee, the action of the chief of police shall be final unless the applicant or licensee files an appeal in writing with the Denton Municipal Court within ten days of the receipt of the notice of the refusal to issue a license or the revocation of a license. The hearing shall be held in the Denton Municipal Court within ten business days of the receipt of the written notice of appeal. SECTION 27-238. SAME – INSURANCE (a) Before an escort license is issued to the owner or operator of a private motor vehicle escort agency, or before the renewal of an escort license is granted, the applicant shall file with the Risk Management Department a standard policy of public liability and property damage insurance, to be executed by an insurance company authorized to do business in the state and performable in the county, which is approved by the City Manager, insuring the general public against loss or damage that may result to any person or property from the operation of the motor vehicle escort service. (b) This insurance policy shall insure each vehicle operated by the motor vehicle escort agency and shall have limits of not less than $1,000,000 for injury to one person, $2,000,000 for injuries to two or more persons resulting from one accident, and $100,000 for damage to property resulting from one accident. Additionally, the insurance policy shall name the City of Denton as an additional insured. The insurance Page 3 of 11 shall be for the protection of passengers riding in a funeral cortege being escorted and for the protection of the public, but not for personal injuries sustained by the servants, agents or employees of the motor vehicle escort agency. The policy of insurance shall be for a period of one year and the date of the policy shall coincide with the date of the license issued under this article and shall contain a provision for a continuing liability up to the full amount, notwithstanding any recovery thereon. (c) if Risk Management for the City of Denton determines, that a licensee’s policy of insurance provides less protection to the public than when originally filed, he shall require a new or an additional policy to bring the protection of the insurance to its original amount, and the licensee shall, within 10 days after receiving written notice of this requirement, provide the required new or additional policy. The license of a licensee shall be revoked by the chief of police or his designee upon the licensee’s failure to provide the required policy. (d) if an insurer desires to be released from a policy required by this section, he may give written notice to the chief of police or his designee by filing the notice with the Risk Management for the City of Denton at least 3 days before liability is to be released, and the chief of police or his designee shall authorize the Risk Management for the City of Denton by personal delivery, or by mail to give written notice to the licensee with the demand that the licensee shall furnish new insurance by the expiration of a 10 day period (e) if a policy is cancelled upon the request of the insurer and no new policy is filed by the licensee before the cancellation of the original insurance, then the license to operate a motor vehicle escort service issued to the licensee shall be revoked. SECTION 27-239. SAME – ONE YEAR TERM An escort license is valid for a term of one year unless revoked. SECTION 27-240. ESCORT LICENSE – FEE; TRANSFERABILITY The annual fee for an escort license is $160, to be paid before the license is issued. An escort license is not transferable or assignable. No refund of fees will be made. SECTION 27-241. FUNCTIONS, POWERS AND DUTIES OF POLICE DEPARTMENT. The police department shall have the following functions, powers and duties: (a) To investigate qualifications of all applicants. (b) To investigate and aid in the prosecution of all violations of this article. (c) To inspect and approve or disapprove motor vehicle equipment used as escort vehicles. Page 4 of 11 (d) To inspect and approve or disapprove the equipment and uniform worn by escort officers. SECTION 27-242. CHAUFFEUR’S LICENSE – REQUIRED; APPLICATION. A person commits an offense if he operates a motor vehicle as an escort for hire upon the streets of the City without obtaining an escort chauffeur’s license issued by the chief of police or his designee. Application for an escort chauffeur’s license shall be made to the chief of police or his designee upon forms to be furnished by the chief of police or his designee, giving the name, age, present address, place and address of employment during the past two years, with the reasons for leaving employment, if any. The applicant shall submit a recent photograph of himself with the application and shall possess and show a valid Texas motor vehicle operator’s license. If the escort chauffeur will be operating a motorcycle the applicant must also present a valid Texas motor vehicle operator’s license with motorcycle endorsement. The applicant shall submit a current driving history. SECTION 27-243. SAME – ISSUANCE; DENIAL. (a) When an application for an escort chauffeur’s license or renewal has been filed with the chief of police or his designee in proper form, the chief of police or his designee shall, within a period of 30 days from the date of filing, approve or deny the application. If the application is denied, the chief of police or his designee shall send to the applicant by mail, a written statement setting forth the reasons for denial. (b) The chief of police or his designee shall refuse to approve issuance or renewal of an escort chauffeur’s license for any one or more of the following reasons: ( 1) the making of a false statement as to a material matter in an application for a license renewal, or in a hearing concerning his license; (2) conviction of applicant or licensee for a violation of a provision of this article or for a felony or an offense involving theft, fraud, or unlawfully carrying a weapon within the preceding five years; (3) revocation of an escort chauffeur’s license of the applicant within five years preceding application; (4) conviction of the licensee or applicant of four moving traffic violations within within a 12-month period or of driving while intoxicated within the preceding five years; (5) failure of applicant to present a valid Texas motor vehicle operator’s license with motorcycle endorsement. Page 5 of 11 SECTION 27-244. SAME – REVOCATION. (a) The chief of police or his designee shall revoke an escort chauffeur’s license for one or more of the following reasons: ( 1) the making of a false statement as to a material matter in an application for a license renewal, or in a hearing concerning the license; (2) conviction of the licensee for a violation of a provision of this article or for a felony or an offense involving violence, theft, fraud, deception, dishonesty, or unlawfully carrying a weapon; (3) conviction, during the term, of the licensee of four moving traffic violations, or of driving while intoxicated; (4) failure of licensee to maintain a valid Texas motor vehicle operator’s license with motorcycle endorsement. (b) Written notice of revocation shall be sent to the chief of police or his designee to the licensee by certified mail, return receipt requested, setting forth the reasons for the revocation. SECTION 27-245. SAME – APPEAL FROM REFUSAL TO ISSUE OR RENEW; FROM DECISION TO REVOKE. If the chief of police or his designee refuses to issue an escort chauffeur’s license to an applicant or revokes the license of a licensee, the action of the chief of police or his designee shall be final unless the applicant or licensee files an appeal in writing with the Denton Municipal Court within ten days of the receipt of the notice of the refusal to issue a license or the revocation of a license. The hearing shall be held in the Denton Municipal Court within ten business days of the receipt of the written notice of appeal. SECTION 27-246. SAME – FEE. FINGERPRINTS AND PHOTOGRAPH: NONTRANSFERABLE. After the application for an escort chauffeur’s license has been approved, and the applicant has submitted to fingerprinting by the police department, the Records Department for the Denton Police Department shall issue an escort chauffeur’s license to the applicant upon payment of a fee of $50. An escort chauffeur’s license shall expire one year from the date of issuance and shall not be transferable; however, the holder may use the same license if he changes employment from one motor vehicle escort agency to another. Page 6 of 1 1 SECTION 27-247. SAME – TO BE CARRIED IN PERSON. A person engaged in furnishing private motor vehicle escort service for hire shall carry his escort chauffeur’s license on his person and shall show it to any City police officer upon demand. SECTION 27-248. EMPLOYMENT OF QUALIFIED OPERATORS RESPONSIBILITY OF OWNER. The owner of a private motor vehicle escort agency shall employ as escort guides only those persons who are physically and mentally capable to operate a motorcycle or motor vehicle for hire and who are 18 years of age or over. It shall be the responsibility of the private motor vehicle escort agency to select competent operators for escort vehicles. An owner of an escort agency shall not employ any person as a motor vehicle escort guide who does not hold a valid Texas operator’s license with motorcycle endorsement if applicable and an escort chauffeur’s license SECTION 27-249. POLICE OFFICERS MAY FURNISH ESCORTS Nothing contained in this article shall be construed to prohibit regularly employed officers or deputies of the Department of Public Safety, County Sheriff, or Police Department from escorting funeral corteges upon the streets and roadways of the City, when assigned as an official duty by their representative departments. SECTION 27-250. ESCORTS FOR FUNERAL CORTEGE NOT REQUIRED. Nothing contained in this article shall be construed as requiring funeral directors or any other person conducting funerals to contract, hire, or employ a private motor vehicle escort service to guide or escort a funeral cortege in the City. SECTION 27-251. REQUIREMENTS FOR MOTOR VEHICLES USED IN ESCORT SERVICE. A funeral escort guide, engaged in furnishing an escort, must use a two-wheel or three- wheel motorcycle or motor vehicle which is in good mechanical condition and equipped with two lamps that display an amber or a blue light visible from directly in front of the center of the motorcycle or motor vehicle. These lamps shall be in addition to those required by State law. An escort vehicle shall not be equipped with a siren. Decals, placards, signs, and insignias which resemble official police officer’s badges, or which bear the words, “Police”, “Official”, or “Officer” shall not be used on the motorcycles or motor vehicles nor shall the motorcycles or motor vehicles be painted a color resembling the color of motorcycles or motor vehicles used by the police department. No additional equipment may be added after inspection by the police department unless the motorcycle or motor vehicle is re-inspected and approved before use. A motor vehicle used in performing escort services shall be subject to inspection at any time by the chief of police or his authorized representative. Page 7 of 11 SECTION 27-252. FUNERAL ESCORT GUIDES; UNIFORM AND EQUIPMENT REQUIREMENTS . A funeral escort guide shall wear a uniform approved by the chief of police or his designee. The uniform shall not resemble in pattern, design, or color that worn by the regular police officers of the City. Funeral escort guides may wear a badge and cap wreath if they desire; provided, that the badge or wreath does not resemble the official police officer’s badge or bear the words “Police” or “Officer”. Noncommissioned officers’ stripes or commissioned officers’ bars or insignia denoting a rank shall not be worn on the uniform. Funeral escort guides shall not wear a holster, handcuff case or cartridge case. A whistle or flashlight may be used at the discretion of the escort guide. An escort guide shall not have on his person or on or about his escort vehicle any weapon declared to be unlawful by the statutes of the State; provided, however, that peace officers of the City, County, and the State, who may be licensed as escort guides may carry authorized weapons concealed on or about their person or escort vehicle while engaged as a motor vehicle escort. SECTION 27-253. OPERATING PROCEDURES (a) A motor vehicle escort guide shall not engage in a funeral escort service other than that of escorting a funeral procession, consisting of the hearse and cortege from the funeral home, the home of the deceased, or the home of the deceased’s family to the place of service and from the place of service to the place of interment. If a funeral procession enters a roadway, expressway, or freeway which has a minimum posted speed limit, the motor vehicle escort guide shall cease the escort before the procession enters the roadway, expressway, or freeway. (b) A licensed motor vehicle escort guide is authorized to lead funeral processions within the City when the procession has been properly identified by the display of pennant upon the outside of the lead vehicle and the hearse, and all other vehicles have their headlights turned on. (c) The following standards shall apply only to escorted funeral processions led by one or more licensed peace officers: All motor vehicles in a peace officer escorted funeral procession which have been properly designated shall have the right of way over all other vehicles, except fire apparatus, ambulances, and police vehicles at any roadway intersection within the City, and the procession may be escorted through stop signs or signalized intersections without stopping, but the drivers of the motor vehicles shall exercise due regard for the safety of all approaching vehicles, and funeral processions being escorted shall be subject at all times to the control of police officers of the City. (d) The following standards shall apply to escorted funeral processions led by properly licensed escort chauffeurs who are not also licensed police officers: All motor vehicles in an escorted funeral procession which have been properly designated shall have the right at any roadway intersection to hold the intersection after an escort vehicle has lawfully entered the intersection within the City, and the procession may continue to hold an Page 8 of 11 intersection after being escorted through stop signs or signalized intersections without stopping, but the drivers of the motor vehicles shall exercise due regard for the safety of all approaching vehicles, and funeral processions being escorted shall be subject at all times to the control of police officers of the City. It shall be unlawful for an escort chauffeur who is not a licensed peace officer to enter an intersection when facing a steady red light or who fails to yield right-of-way when entering a stop or yield intersection. However, if an escort chauffeur lawfully enters the intersection, the escort chauffeur may hold the intersection until the entire funeral procession has cleared the intersection. (e) Funeral processions shall travel as closely to the right edge of the roadway as practical and at a safe and prudent speed. (f) A funeral procession shall not enter of travel upon any roadway, expressway, or freeway which has a minimum posted speed limit between the hours of 7:00 a.m. and 9:00 a.m. or between the hours of 4:00 p.m. and 6:30 p.m., Monday through Friday. This subsection does not apply on a legal holiday. The funeral procession shall obey all traffic laws while on a roadway, expressway, or freeway which has a minimum posted speed limit. (g) Funeral processions shall not proceed through the Downtown Denton Square or through any active school zones. (h) Funeral escort guides shall not stop traffic approaching from the opposite direction or force or direct traffic to move off the roadway; however, oncoming traffic may be stopped at intersections and other places to assist the cortege in making left turns. SECTION 27-254. ADVERTISEMENTS: LIMITATIONS A person engaged in the business of furnishing private motor vehicle escorts for hire or an employee of a private motor vehicle escort agency shall not distribute, present, or give away cards, handbills, or printed matter of any kind which bears the words “Police”, “Official,” or “Officer” in conjunction with advertising an escort service. Nor shall any advertisement state, imply, or misrepresent that a private motor vehicle escort service is required by the police department, the City, or by any of its ordinances. SECTION 4. If any section, article, paragraph, sentence, phrase, clause, or word in this ordinance, or application thereof to any persons or circumstances, is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; the City Council declares that it would have ordained such remaining portion despite such invalidity, and such remaining portion shall remain in full force and effect. SECTION 5. All provisions of the ordinances of the City of Denton in conflict with the provision of this ordinance are hereby repealed. The repeal of any ordinance or any portion thereof by the preceding text shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect Page 9 of 1 1 and such shall remain in force for all intents and purposes as if such ordinance or part thereof so repealed shall remain in force. SECTION 6. Any person violating any provision of this ordinance shall, upon conviction, be found guilty of a misdemeanor and fined a sum not to exceed five hundred dollars ($500.00) for each violation. Each day that a provision of this Ordinance is violated shall constitute a separate and distinct offense. SECTION 7. The City Secretary is hereby directed to record and publish the above regulations in the City’s Code of Ordinances. SECTION 8. Pursuant to Section 2.09(c) of the Charter for the City of Denton, this ordinance shall become effective fourteen (14) days from the date of this 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. The motion to approve this Ordinance was made by 3 and seconded by ?a,D \ Me \ t= e,r . This Ordinance was passed and approved by the following vote U - A Aye vP 34 V/ a V’ \/ Nay Abstain Absent Mayor Chris Watts: Gerard Hudspeth, District 1 : Keely G. Briggs, District 2: Jesse L. Davis. District 3 : John Ryan, District 4: Deb Armintor, At Large Place 5 : day of O Cl Paul Meltzer, At Large Place 6: PASSED AND APPROVED this the Ll fb 'ATTS. MAm Page 10 of 11 ATTEST: ROSA RIOS, CITY SECRETARY . ZZ.>/3rz APPROVED AS TO LEGAL FORM: AARON LEAL. CITY ATTORNEY ,4 IdMV Page 11 of 11