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2001-094S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton 1 doc ITS ENTIRETY, CREATING ARTICLE VI TITLED TAXICABS, LIMOUSINES, AND SHUTTLES, PROVIDING A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, PROVID- ING FOR A PENALTY NOT TO EXCEED $500 FOR VIOLATIONS OF THIS ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION 1 That Chapter 27 "Vehicles for H~re" of the Code of Ordinances of Denton, Texas ~s hereby amended by deleting Article III of Chapter 27 t~tled "Tax~cabs" SECTION 2 That Chapter 27 "Vehicles for H~re" of the Code of Ordinances of Denton, Texas ~s hereby amended by creating Article VI of Chapter 27 t~tled "Tax~cabs, L~mous~nes, and Shuttles" to read as follows Chapter 27 ARTICLE VI TAXICABS, LIMOUSINES, AND SHUTTLES PART A GENERAL PROVISIONS Sec 27-151 Statement ofpohcy See 27-152 General authority and duty olD,rector Sec 27-153 Exclusions Sec 27-154 Defimtlons PART B OPERATING AUTHORITY Sec 27-155 Operating authority reqmred Sec 27-156 Transferab~hty of operating authority Sec 27-157 Annual permit reqmred, service reqmremems See 27-158 Quahficatlon for operating authority Sec 27-159 Apphcat~on for annual permit Sec 27-160 Annual permit -Investigation ofapphcatton and approval Sec 27-161 Temporary permit, apphcatlon, purposes Sec 27-162 Reciprocal agreement Sec 27-163 Grant of permit Sec 27-164 Renewal of annual permit Denton City Code S \Our Documents\Ordmances\01\Taxt OrdmanceDenton 1 doc Sec 27-165 Amendment, suspension, and revocation of operating authority Sec 27-166 Permit fees Sec 27-167 Number of tax,cabs authorized Sec 27-168 Specml provisions of operating authority PART C TAXICAB, LIMOUSINE, AND SHUTTLE DRIVER'S LICENSE Sec 27-169 Taxmab, hmoumne, or shuttle driver's hcense reqmred Sec 27-170 Quahficat~on for taxacab, hmous~ne, or shuttle driver's heense Sec 27-171 Apphcat~on, fee Sec 27-172 Investigation ofapphcatlon Sec 27-173 Issuance and demal Sec 27-174 Exp~ratlon of taxmab, hmous~ne, or shuttle driver's hcense, vmdance upon sus- pension or revocatmn of state driver's hcense Sec 27-175 Provisional hcense Sec 27-176 Probationary hcense Sec 27-177 Duplicate heense Sec 27-178 D~splayofheense Sec 27-179 Suspension by designated representative Sec 27-180 Suspension and revocation Sec 27-181 Appeal Sec 27-182 Falsifying ora hcense See 27-183 Current mmhng address ofheensee PART D MISCELLANEOUS HOLDER AND DRIVER REGULATIONS Sec 27-184 Holder's and dr~ver's duty to comply Sec 27-185 Holder's duty to enforce eomphanee by Drivers Sec 27-186 Driver as independent contractor Sec 27-187 Insurance Sec 27-188 Apparel to be worn by drivers Sec 27-189 Driver's dmly manifest Sec 27-190 Holder's records and reports Sec 27-191 Tax~cab monthly summary of meter readings PART E SERVICE REGULATIONS Sec 27-192 C~ty-w~de taxicab servme reqmred Sec 27-193 Representation ofavmlabfl~ty oftaxacab Sec 27-194 Refusal to convey passengers by taxmabs Sec 27-195 Passenger hm~tataons of tax,cabs Sec 27-196 Carry passengers by darect route Denton C~ty Code 2 S \Our Documents\Ordmances\Ol~Tax~ OrdmanceDenton 1 doc Sec 27-197 Solicitation of passengers by taxicabs Sec 27-198 Regulations for use of taxicab stands Sec 27-199 Conduct of drivers Sec 27-200 Return of passenger's property Sec 27-201 Establishment of taxicab stands Sec 27-202 Service regulations for business establishments requesting taxicabs for customers PART F TAXICAB FARES Sec 27-203 Rates oftaxmab fares Sec 27-204 Display of rate card by taxicabs Sec 27-205 Computation of fares for taxicabs Sec 27-206 Design and testing of taximeters, fees Sec 27-207 Taxicab fare collection procedures PART G VEHICLES AND EQUIPMENT Sec 27-208 False representation as taxmab Sec 27-209 Vehicle requirements and inspections Sec 27-210 Taxicab age limits Sec 27-211 Required equipment for taxicabs Sec 27-212 Taxicab color scheme and distinctive markings Sec 27-213 Reqmred taxicab identification Sec 27-214 Taxmab display receptacle Sec 27-215 Taxmab decals Sec 27-216 Not-for-hire status oftaxmabs Sec 27-217 Removal ofeqmpment fi.om taxicabs PART H ENFORCEMENT Sec 27-218 Authority to inspect Sec 27-219 Removal of evidence ofanthonzatlon See 27-220 Enforcement by police department Sec 27-221 Correction order Sec 27-222 Service ofnotme Sec 27-223 Appeal Sec 27-224 Criminal offenses Denton City Code 3 S \Our Documents\Ordmances\Ol\Taxt OrdmanceDenton 1 doc PART A GENERAL PROVISIONS SEC. 2%151. STATEMENT OF POLICY. It is the pohcy of the C~ty of Denton to prowde for and to promote adequate and efficient taxmab, hmousme, and shuttle servme in the city To this end, th~s chapter provides for the regu- lation of taxmab, hmousme, and shuttle rates and servmes, to be earned out ~n a manner that pro- tects the public health and safety, promotes the pubhc convemence and necessity, and respects the concept of free enterprise SEC 2%152. GENERAL AUTHORITY AND DUTY OF DIRECTOR. The director shall ~mplement and enforce th~s chapter as he determines necessary to dis- charge h~s duty under, or to effect the pohcy ofth~s chapter SEC. 27-153 EXCLUSIONS. This chapter does not apply to (1) the transportatton of a person by tax~cab, hmousme, or shuttle hcensed by another governmental entity from a point outstde the city to a destmatlon ~ns~de the c~ty, if the tax~cab, hmousme, or shuttle leaves the c~ty w~thout receiving a passenger m- side the c~ty, (2) a taxmab, hmousme, or shuttle servme operated under state or federal anthonty unless the service ~s subject to the city's regulatory authority, or (3) a motor vehtcle used to transport persons for hire that ~s regulated by other c~ty ordinance SEC. 27-154 DEFINITIONS. The defimtmn of a term ~n th~s section apphes to each grammatical variation of the term In this chapter, unless the context reqmres a d~fferent defimt~on (1) ALTERNATIVE FUEL means natural gas, hquefied petroleum gas, electricity, methanol or methanol/gasohne blends of 85 percent or greater, or ethanol or etha- nol/gasohne blends of 85 percent or greater (2) ANNUAL PERMIT means perm~ssmn granted by the city to a person to operate a tax,cab, hmousme, or shuttle servme ms,de the c~ty for a period of one year, re- newable under the prows~ons of th~s chapter Denton City Code 4 S \Our Documonts\Ordmances\Ol\Tax~ OrdmanceDenton 1 doc (3) CONVICTION means a conviction In a federal court or a court of any state or foreign nation or political subdlvmlon of a state or foreign nation that has not been reversed, vacated, or pardoned (4) DEPARTMENT means the department designated by the city manager to enforce and administer this chapter (5) DIRECTOR means the director of the department designated by the city manager to enfome and administer this chapter and includes representatives, agents, or de- partment employees designated by the director (6) DISPATCHiNG FACILITY means a fixed faclhty (A) at which requests for taxicab, limousine, or shuttle service are received, (B) from which drivers are notified, by radio or any other electronic commu- mcatlon system, of requests for taxicab, limousine, or shuttle service, and (C) to which drivers communicate, by radio or any other electromc communi- cation system, their availability to provide the requested taxicab, hmou- sine, or shuttle service Except when being operated from the permanent and established place of business required under Section 27-159 of this chapter, the term does not include any facil- ity from which the primary admlmstratlve operations of the taxicab, limousine, or shuttle service are conducted or at which taxicabs are parked, stored, repmred, or mamtalned (7) DRIVER means an individual who drives or operates a taxicab, limousine, or shuttle (8) HOLDER means a person who is granted an annual permit under this chapter If the context in which the term is used applies to operations under a temporary permit or reciprocal agreement the term "holder" includes a person who is granted a temporary permit or reciprocal agreement (9) LEGAL RESIDENT means a citizen of the United States or a person residing in the Umted States in accordance with federal immigration laws (10) LIMOUSINE means a motor vehicle that is a luxury sedan with a manufacturer's rated seating capacity of not more than 15 passengers that is used for the transpor- tation of persons from a location in the city to another location either inside or outside the city (11) OPERATE means to drive or to be in control of a taxicab, limousine, or shuttle Denton CRy Code 5 S \Our Documents\Ordmances\01\Taxl OrdmanceDenton 1 doc (12) OPERATiNG AUTHORITY means an annual permit, temporary permit, or recip- rocal agreement granted under thru chapter (13) OPERATOR means the driver of a taxicab, hmouslne, or shuttle, the owner of a taxicab, limousine, or shuttle, or the holder of a tax,cab, hmouslne, and shuttle operating authority (14) OWNER means the person to whom state hcense plates for a vehmle were issued (15) PERSON means an indavldual, corporation, government or governmental subdlw- sion, or agency, trust, parmersh~p, or two or more persons hawng a joint or com- mon economic interest (16) RECIPROCAL AGREEMENT means an agreement between the mty and one or more pohtical subdivisions to provide reciprocal operation of taxicabs, hmou- sines, or shuttles (17) SHUTTLE means a van-type motor vehicle that has a manufacturer's rated seat- lng capamty of not less than seven passengers and not more than fifteen passen- gers and is used for the transportation of persons from a location m the mty to an- other location e~ther reside or outside the c~ty (18) TAXICAB means a chauffeured motor vehicle with a rated passenger capacity of eight or less, used to transport persons for hire that typically operates on irregular routes, xrregular schedules, and a call and demand basis, but not including hmou- runes or specml service vehicles (19) TAXICAB, LIMOUSINE, OR SHUTTLE DRIVER'S LICENSE means a hcense issued to an individual by the d~rector authorizing that person to operate a taxicab, hmousme, or shuttle m the mty (20) TAXICAB, LIMOUSiNE, OR SHUTTLE SERVICE means a passenger transpor- rattan service operated for hire that uses taxicabs, hmouslnes, or shuttles ~n the operation of the servme and ~ncludes (but is not limited to) a famhty from wluch the servme is operated, taxicabs, hmouslnes, or shuttles used m the operation, and a person who owns, controls, or operates the service (21) TAXICAB STAND means a public place reserved exclusively for use by taxi- cabs (22) TAXIMETER means a dewce that mcchamcally or clcctromcally computes a fare based upon the distance traveled, thc time the taxicab ~s engaged, and any othcr basis for chargcs which arc spccfficd m the opcratmg authority or rate ordinance pertalmng to the holder Denton City Code 6 S \Our Documents\Ordmances\01\Taxl OrdmanceDenton 1 doc (23) TEMPORARY PERMIT means permission granted by the city to a person to op- erate a taxicab, limousine, or shuttle service inside the city for a specffied period oft~me less than one year PART B OPERATING AUTHORITY SEC 27-155. OPERATING AUTItORITY REQUIRED (a) A person may not operate a tax~cab, limousine, or shuttle service inside the city without operating authority granted under this chapter, nor may a person transport a passenger for hire inside the c~ty by taxicab, hmousme, or shuttle unless the person driving the taxicab, limousine, or shuttle or another who employs or contracts w~th the driver has been granted oper- ating authonty under this chapter (b) A person shall not engage or hire a taxmab, limousine, or shuttle which he knows does not have operating authority from the city SEC 27-156. TRANSFERABILITY OF OPERATING AUTHORITY. (a) An annual permit may not be transferred to another unless the holder files a writ- ten apphcat~on for the transfer in the manner and containing the information prescribed by the d~rector, and the transfer appheatlon is approved by the director (b) A temporary permit or reciprocal agreement is not transferable SEC. 27-157. ANNUAL PERMIT REQUIRED; SERVICE REQUIREMENTS. (a) Before an annual permit is granted, the apphcatlon for the annual permit must be approved by the director The granting of an annual permit is in the discretion of the director, but will not be granted unless (1) the proposed taxmab, hmousme, or shuttle service is reqmred by the public con- vemence and necessity, and (2) the apphcant qualifies for operating authority under Section 27-158 of this chapter and xs otherwise fit, wllhng, and able to operate the taxicab, hmousme, or shuttle service ~n accordance with the requirements of this chapter, rules and regulations of the director, provisions of the annual permit, and other apphcable law (b) The holder of an annual tax,cab permit must prowde taxicab service as specffied in the permit with a unmmum of 3 taxicabs Denton City Code 7 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton 1 doc SEC. 2%158. QUALIFICATION FOR OPERATING AUTHORITY (a) To quahfy for operating authority, an apphcant must (1) be at least 19 years of age, (2) be currently authorized to work fitll-t~me m the Umted States, (3) be able to commtmmate m the Enghsh language, and (4) not have been convicted or placed on probation or deferred adjudlcatmn for a crime (A) mvolwng (l) criminal homicide as described m Chapter 19 of the Texas Penal Code, (n) k~dnappmg as described m Chapter 20 of the Texas Penal Code, (m) a sexual offense as descnbed m Chapter 21 of the Texas Penal Code, 0v) an assaultive offense as described in Chapter 22 of the Texas Penal Code, other than a Class C m~sdemeanor, (v) robbery as described ~n Chapter 29 of the Texas Penal Code, (w) burglary as described in Chapter 30 of the Texas Penal Code, (w0 theft as described m Chapter 31 of the Texas Penal Code, but only ~fthe violation ~s punishable as a felony, (wn) fraud as described ~n Chapter 32 of the Texas Penal Code, 0x) tampenng with a governmental record as descnbed ~n Chapter 37 of the Texas Penal Code, (x) pubhc Indecency (prostlmtmn or obscemty) as described in Chap- ter 43 of the Texas Penal Code, (x0 the transfer, carrying, or possessmn of a weapon ~n wolatlon of Chapter 46 of the Texas Penal Code, but only ~f the wolat~on ~s ptm~shable as a felony, Denton City Code 8 S \Our Documents\Ord~nances\01\Tax~ OrdmanceDenton 1 doc (Xll) a violation of Chapter 483, Dangerous Drugs, of the Texas Health and Safety Code that ~s punishable as a felony, (Xnl) a vaolatlon of the Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code that is punishable as a felony, or (x~v) criminal attempt to commit any of the offenses listed in Subdivi- sion (4)(A)(1) through (xnl) (B) for which (0 if the applicant was convicted for a misdemeanor offense, less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, (n) if the applicant was placed on probation or deferred adjudicatmn for a m~sdemeanor offense, less than two years have elapsed s~nce the date of successful completion of probation or deferred adjudi- cation, (m) If the applicant was convicted for a felony offense, less than five years have elapsed since the date of conviction or the date of re- lease from confinement for the conviction or the date of release from parole, whtchever is the later date, 0v) if the applicant was placed on probation or deferred adjudication for a felony offense, less than five years have elapsed since the date of successful completion of probatmn or deferred adjudica- tion, (v) less than five years have elapsed since the date of the last convm- tlon or the date of release from confinement for the last convmtion, whichever ~s the later date, if, w~thln any 24-month period, the ap- phcant has two or more convictions of any misdemeanor offense or combmat~on of m~sdemeanor offenses, or (vi) less than five years have elapsed since the date of the successful completion of probation or deferred adjudlcatmn for the last of- fense, whichever ~s the later date, if, within any 24-month period, the apphcant has been placed on probation or deferred adjudica- tion two or more times for any misdemeanor offense or combina- tion of misdemeanor offenses Denton City Code 9 S \Our Documents\Ordmances\01\Tax~ Ord~nanceDenton 1 doc (b) An apphcant who has been sentenced for an offense hsted ~n Subsection (a)(4), for which the reqmred t~me period hsted above has elapsed, may quahfy for operating authority only ff the d~rector determines that the apphcant ~s presently fit to prowde a pubhc transportation service and only if the offense or offenses the apphcant was sentenced for was not a felony of- lense hsted ~n Subsectmn (a)(4)(1)-(va) In detenmmng present fitness under thts section, the d~- rector shall consider the following (1) the extent and nature of the apphcant's past criminal acuwty, (2) the age of the applicant at the t~me of the commission of the crime, (3) the mount of t~me that has elapsed since the apphcant's last criminal activity, (4) the conduct and work acUwty of the apphcant prior to and following the criminal act~wty, (5) ewdence of the apphcant's rehabilitation or rehabilitative effort while incarcerated or following release, and (6) other evidence of the apphcant's present fitness, ~nclud~ng letters of recommenda- tion from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the appheant, the sheriff and chief of pohce in the commumty where the apphcant resides, and any other persons m contact w~th the apphcant (c) It ~s the responsibility of the apphcant, to the extent possible, to secure and pro- wde to the drrector the ewdence reqmred to determine present fitness under Subsection (b) of this section SEC. 27-159. APPLICATION FORANNUAL PERMIT (a) To obtain an annual permit, a person shall make apphcatlon to the director ~n the manner prescribed by th~s section The apphcant must be the person who will own, control, or operate the proposed tax~cab, hmous~ne, or shuttle service An apphcant shall file w~th the direc- tor a written, verified apphcat~on statement, to be accompanied by a nonrefundable apphcat~on fee of $150, contaamng the following (1) the form of bus~ness of the apphcant and, ~fthe business ~s a corporatmn or asso- ciation, a copy of the documents estabhsh~ng the bus~ness and the name, address, and cmzensh~p of each person w~th a d~rect interest m the bus~ness, (2) the name, address, and verified s~gnature of the apphcant, (3) an actual or pro forma statement and balance sheet showing the hablht~es, and eq- mty of the business, Denton City Code l 0 S \Our Documents\Ordmances\Ol\Tax~ OrdmanceDenton 1 doc (4) a description of any past business experience of the applicant, particularly in pro- wdmg passenger transportation services, and an ldentfficatlon and description of any revocation or suspension of a permit held by the apphcant or business before the date of fihng the apphcat~on (5) the number of vehicles and a description of the vehicles the applicant proposes to use m the operation of the taxicab, hmouslne, or shuttle service, and a description of the operations of the proposed taxicab, hmous~ne, or shuttle servme and the lo- cation of the fixed facilities to be used in the operation, (6) ff the applicant is seeking a taxicab annual permit, a descnptlon of the proposed ms,gms and color scheme for the apphcant's taxicabs and a description of the dis- tractive ~tem of apparel or item placed on the apparel to be worn by the appli- cant's tax,cab drivers, (7) documentary ewdence from an insurance company, authorized to do business in the State of Texas, indicating a wflhngness to provide hablhty insurance required by flus chapter, (8) documentary evidence of payment of ad valorem taxes on the property to be used m connection with the operation of the proposed taxicab, hmousme, or shuttle service, (9) proof of a permanent and established place of business within the City of Denton, the location of which complies w~th the Denton Development Code, from whmh the proposed taxicab, limousine, or shuttle servme will be operated, wbach place of business may, but ~s not reqmred to, ~nclude the dispatching facility for the tax,cab, hmousme, or shuttle service, (10) such addat~onal information as the applicant desires to include to md in the deter- mmat~on of whether the requested operating authority should be granted, and (11) such adtht~onal information as the d~rector considers necessary to asmst or pro- mote the implementation or enfomement of this chapter or the protection of the pubhc safety (b) A holder shall notify the director m writing of any change of address or change in ownership or management of a tax~cab, limousine, or shuttle service not less than 10 days prior to the change (e) The established place of business required by Subsection (a)(9) of th~s sectmn must be kept open from 9 00 a m to 5 00 p m weekdays, other than recognized hohdays, and must be staffed and eqmpped to receive telephone calls dunng all business hours Denton City Code 1 1 S \Our Documents\Ordmanees\Ol\Taxl Ord~nanceDenton 1 doc SEC 27-160. ANNUAL PERMIT - INVESTIGATION OF APPLICATION AND AP- PROVAL. (a) Upon receipt of an apphcat~on for an annual permit the d~rector shall conduct an investigation and make findmgs of fact concerning pubhc convemence and necessity and other relevant factors, melud~ng, but not hmlted to (1) the number of taxmabs, hmousmes, or shuttles presently m operation m the e~ty, (2) the pubh¢ transportatmn needs of the city and the adequacy of ex~stmg transporta- tion servmes, meluchng emstmg holders, to meet those needs, (3) whether exlstmg holders can render the proposed add~tmnal taxicab, hmousme, or shuttle service more efficiently or effectxvely than the apphcant, (4) the effect of the proposed additional taxmab, hmous~ne, or shuttle service on traf- fic conditions, taxmab drivers' working conditions and wages, and ex~stmg hold- ers and pubhc mass transportatton servmes, and (5) the character, experience, and fiscal respons~bfl~ties of the apphcant (b) The apphcant for an annual permit has the burden of prowng that the pubhc con- vemence and necessity require the proposed taxmab, hmoumne, or shuttle servme and that the apphcant ~s qualified and finanmally able to provide the servme proposed ~n the apphcat~on SEC. 27-161. TEMPORARY PERMIT; APPLICATION, PURPOSES (a) To obtmn a temporary permit, a person shall make apphcat~on to the dtrector Upon receipt of an apphcat~on for a temporary permit, the d~rector shall g~ve reasonable not~ce to all holders of h~s consideration of the application (b) After the d~rector considers the apphcat~on, the d~rector may ~ssue a temporary permit for the purposes of (1) proxnd~ng supplemental servmes dur, ng periods of extraordinary demand, or (2) to assess the feasibility of new technology or servmes (c) A temporary permit is not renewable SEC 27.162. RECIPROCAL AGREEMENT. Upon approval of the mty cotmcfl, the mty manager may enter ~nto a reciprocal agree- ment w~th one or more polmcal subd~wsions to provide reciprocal operation and mutual regula- Denton City Code 12 S \Our Documents\Ordmanees\01\Tax~ OrdmaneeDenton 1 doe tlon of taxicab, hmouslne, or shuttle services between the city and other political subdivisions The director shall give all holders reasonable notice of when a reciprocal agreement is to be considered by the city eotmcfl SEC. 27-163. GRANT OF PERMIT. Upon approval of an application for an annual or temporary permit by the director, the director shall promptly issue the permit and incorporate in the permit the duration of the permit and such other terms or condmons as the director determines are necessary SEC 27-164 RENEWAL OF ANNUAL PERMIT (a) An annual permit is automatically renewed unless the director notifies the holder, before the renewal date, of an intention to recommend denial of the permit renewal based on a determination that (1) the holder is not in eomphance with the permit or apphcable provisions of this code, department regulations, or other law, or (2) the holder does not quahfy for operating authority under Section 27-158 of this chapter or is otherwise not fit, wllhng, or able to continue to operate the taxicab, limousine, or shuttle service in accordance with the permit and apphcable provi- sions of this code, department regulations, and other law, or (3) public convenience and necessity do not require the continued operation of the taxicab, limousine, or shuttle service (b) A holder desmng a change in the terms or conditions of the permit must file with the director, not fewer than 60 days before the permit expires, a written request stating reasons for the requested changes (c) Minor changes may be made in a permit by the director (d) If the director determines that a denial of a permit renewal or material change in the terms or conditions of the permit is required by public convenience and necessity, then he may deny renewal of the permit or make changes in the terms or conditions of the permit A holder may request a change in the terms or conditions of his permit and the director may grant the change if the change is required by public convenience and necessity (e) If the permit expires at no fault of the holder before a ruling on the approval or denial of the renewal, the holder may continue to operate the taxicab, limousine, or shuttle ser- vice pending a final decision The holder shall cease operation of the taxicab, limousine, or shut- tle service immediately upon denial of the request for renewal by the director Denton City Code 13 S \Our Documents\Ordmances\Ol\Taxx OrdmanceDenton 1 doc (f) A holder may file an appeal of the director's decision not to renew a permit in accordance with Section 27-181 of this ordinance SEC. 27-165. AMENDMENT, SUSPENSION, AND REVOCATION OF OPERATING AUTHORITY. (a) Suspension and revocation of permit The following regulations apply to the sus- pension or revocation of a temporary or annual permit (1) The director may suspend or revoke a permit if the director determines that the holder (A) failed to comply with a correction order issued to the holder by the direc- tor, within the time spemfled in the order, CB) intentionally or knowingly impeded the department or other law enforce- ment agency in the performance of its duty or execution of its anthorlty, (C) failed to comply with this chapter, (D) does not qualify for operating authority under Section 27-158 of this chap- ter, (E) has been convicted of a violation of another city, state, or federal law, which violation reflects unfavorably on the fitness of the holder to perform a public transportation service, (F) is under indictment for or has been convicted of any felony offense while holding taxicab, limousine, or shuttle operating authority, (G) substantially breached the terms of the permit, (H) failed to pay city ad valorem taxes on any property of the holder used di- rectly or indirectly in connection with the taxicab, hmousme, or shuttle SelWICe~ or (I) failed to pay a permit fee at the time it was due (2) A suspension of a permit does not affect the expiration date of the permit (3) After revocation of a permit, a holder is not eligible for a permit for a period of two years (b) Reinstatement After suspension of a permit, a holder may file an appeal in ac- cordance with Section 27-181 of this chapter The director shall inspect the operation of the sus- Denton C~ty Code 14 S \Our Documents\Ordinances\01 \Tax~ OrdmanceDenton 1 doc pended holder to deterunne if the deficiency causing the suspension has been corrected by the holder After inspection, the d~rector shall submit h~s recommendation together with supporting facts to the c~ty manager or h~s desxgnee SEC. 27-166 PERMIT FEES (a) A holder of an annual permit shall pay the city a perrmt fee of $250 a year for each taxtcab, hmouslne, or shuttle authorized by the permtt or an amount stated ~n the permit The fee for a temporary permit ts that which is stated ~n the permit A permit fee is payable in the manner and at the ttme prescribed by the permit (b) If a holder of an annual permit ~s licensed by another governmental entity, the permit fee shall be reduced to $100 a year for each taxtcab, hmouslne, or shuttle SEC. 27-167. NUMBER OF TAXICABS AUTHORIZED The dtrector may make studies and surveys concerntng the pubhc convemence and ne- cessity and may, from ttme to t~me, prescnbe the number of taxxcabs authorized for, and operated by a holder tn order to adequately provide taxmab servtce tn the ctty SEC 27-168. SPECIAL PROVISIONS OF OPERATING AUTHORITY Th~s chapter governs the operation of tax~cab, hmous~ne, or shuttle servtce under each form of operating anthonty Thts chapter, however, is not a hm~tatlon on the power of the c~ty council to incorporate in a grant of operating authority special provtslons relating to the opera- tlon of the taxmab, hmouslne, or shuttle service under the grant To the extent that a special pro- ws~on conflmts w~th thts chapter, the spemal provaslon controls PART C TAXICAB, LIMOUSINE, AND SHUTTLE DRIVER'S LICENSE SEC 27-169 TAXICAB, LIMOUSINE, OR SHUTTLE DRIVER'S LICENSE RE- QUmeD. (a) A person may not operate a taxicab, hmous~ne, or shuttle inside the c~ty wtthout a vahd taxtcab, hmousme, or shuttle driver's hcense ~ssued to the person under thru artmle, except when authonzed tn a remprocal agreement (b) A holder or taxicab, hmous~ne, or shuttle owner may not employ or contract with a driver or otherwise allow a person to drive for htre a taxicab, hmous~ne, or shuttle owned, con- trolled, or operated by the holder or tax,cab, hmouslne, or shuttle owner unless the person has a vahd taxicab, limousine, or shuttle driver's hcense issued under this article, except when author- tzed in a reciprocal agreement Denton City Code 15 S \Our Documents\Ordmances\01\Tam OrdmanceDenton 1 doc SEC 27-170. QUALIFICATION FOR TAXICAB, LIMOUSINE, OR SHUTTLE DRIVER'S LICENSE. (a) To quahfy for a taxicab, hmousme, or shuttle driver's hcense, an applicant must (1) be at least 19 years of age, (2) be currently anthonzed to work full-t~me m the United States, (3) hold a vahd driver's heense ~ssued by the State of Texas, (4) be able to commumeate ~n the English language, (5) not be affimted w~th a physmal or mental d~sease or d~sab~hty that ~s hkely to pre- vent the apphcant from exerc~smg ordinary and reasonable control over a motor vehicle or that is likely to otherwise endanger the pubhc health or safety, (6) not have been conweted of more than four moving traffic wolat~ons arising out of separate transactions, or ~nvolved in more than two automobile accidents ~n whmh ~t could be reasonably determined that the apphcant was at fault, within any 12- month period during the preceding 36 months, (7) not have been conwcted or placed on probation or deferred adjudmatmn for a crime (A) mvolvmg (0 cnmmal homicide as described in Chapter 19 of the Texas Penal Code, (n) hdnappmg as described in Chapter 20 of the Texas Penal Code, (m) a sexual offense as described in Chapter 21 of the Texas Penal Code, 0v) an assaultive offense as described in Chapter 22 of the Texas Penal Code, other than a Class C misdemeanor, (v) robbery as described in Chapter 29 of the Texas Penal Code, (v0 burglary as described in Chapter 30 of the Texas Penal Code, (vn) theft as described m Chapter 31 of the Texas Penal Code, but only ~fthe wolat~on is pumshable as a felony, Denton City Code 16 S \Our Documents\Ordmances\Ol\Tax~ OrdinanceDenton 1 doc (vm) fraud as described in Chapter 32 of the Texas Penal Code, (ix) tampenng w~th a governmental record as described ~n Chapter 37 of the Texas Penal Code, (x) pubhc ~ndecency (prostitution or obscemty) as described ~n Chap- ter 43 of the Texas Penal Code, (x0 the transfer, can'y~ng, or possessmn of a weapon m v~olatton of Chapter 46 of the Texas Penal Code, but only ff the wolat~on ~s punishable as a felony, (xn) a wolatlon of Chapter 483, Dangerous Drags, of the Texas Health and Safety Code that ~s pumshable as a felony, (xm) a violation of the Controlled Substances Act, Chapter 481 of the Texas Health and Safety Code that ~s pumshable as a felony, or (x~v) criminal attempt to commit any of the offenses hsted ~n Subdlw- s~on (7)(A)0) through (xm) of this subsection, (B) for whmh 0) ~fthe apphcant was conwcted for a m~sdemeanor offense, less than two years have elapsed s~nce the date of convlctton or the date of release from confinement ~mposed for the conwct~on, whmhever ~s the later date, (n) ~f the apphcant was placed on probation or deferred adjudmatlon for a misdemeanor offense, less than two years have elapsed since the date of successful completion of probation or deferred adjudi- cation, (m) ~f the apphcant was conwcted for a felony offense, less than five years have elapsed s~nce the date of conwctlon or the date of re- lease from confinement for the convmt~on or the date of release from parole, whmhever ~s the later date, 0v) af the apphcant was placed on probation or deferred adjudication for a felony offense, less than five years have elapsed s~nce the date of successful completion of probatmn or deferred adjudma- tlon, (v) less than five years have elapsed s~nce the date of the last conwc- t~on or the date of release from confinement for the last conwct~on, Denton City Code 17 S \Our Documents\Ordmances\Ol\Tax~ OrdmanceDenton 1 doc whichever is the later date, fi, wah~n any 24-month period, the ap- phcant has two or more conwctlons of any m~sdemeanor offense or combmat~on of m~sdemeanor offenses, or (w) less than five years have elapsed since the date of the successful completion of probation or deferred adjudication for the last of- fense, whmhever ~s the later date, fi, within any 24-month period, the applicant has been placed on probation or deferred adjudmat~on two or more t~mes for any misdemeanor offense or combination of misdemeanor offenses, (8) not have been conwcted of, or discharged by probation or deferred adjudication for, dnwng while intoxicated (A) within the preceding 12 months, or CB) more than one t~me w~thm the preceding ten years, (9) not be addicted to the use of alcohol or narcotics, (10) be subject to no outstandmg warrants of arrest, (11) be sanitary and well-groomed ~n dress and person in compliance with Section 27- 188(a) of th~s chapter, (12) have a vahd contract w~th or be currently employed by a holder, and (13) have successfully completed within the preceding 12 months a defensive dnwng course approved by the National Safety Council and be able to present proof of completion (b) An applicant who has been sentenced for an offense listed ~n Subsection (a)(7) or (8), for which the required time period prowded by th~s ordinance has elapsed, may quahfy for a taxicab, hmousme, or shuttle driver's hcense only ffthe dtmctor determines that the apphcant ~s presently fit to engage in the occupation of a taxicab, hmous~ne, or shuttle driver In determlmng present fitness under th~s section, the director shall consider the following (1) the extent and nature of the applicant's past criminal activity, (2) the age of the apphcant at the t~me of the commission of the crime, (3) the amount of time that has elapsed since the applicant's last criminal actlwty, (4) the conduct and work actiwty of the apphcant prior to and following the criminal activity, Denton City Code 18 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton 1 doc (5) evidence of the applicant's rehablhtatlon or rehabilitative effort while incarcer- ated or following release, and (6) other evidence of the apphcant's present fitness, including letters of recommenda- tion from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responslbthty for the apphcant, the sheriff and chief of police in the community where the applicant resides, and any other persons in contact with the applicant (c) It is the responsibility of the applicant, to the extent possible, to secure and pro- wde to the director the evidence required to determine present fitness under Subsection (b) of th~s section and under S ectmn 27-176(a) of th~s article SEC. 27-171. APPLICATION; FEE. To obtain a taxicab, hmousine, or shuttle driver's hcense or renewal of a taxicab, hmou- sine, or shuttle driver's license, a person must file with the department a nonrcfundable apphca- tmn fee of $10 and a completed written apphcation on a form provided for thc purpose The di- rcctnr shoJl require each application to state such mformatmn as he considers necessary to deter- mine whether an apphcant is qualified SEC 27-172. INVESTIGATION OF APPLICATION (a) For the purpose of determunng quahfication under Section 27-170(a)(5), the d~- rector may reqmre an apphcant to submit to a physical exaunnat~on at apphcant's expense con- ducted by a licensed physiman and to furmsh to the d~rector a statement from the physm~an which certifies that the physician has examined the apphcant and that in the physmian's profes- smnal op~mun the apphcant ~s qualified under Sectmn 27-170(a)($) (b) Upon request of the dlrectnr, the pohce department shall ~nvest~gate each apph- cant and furnish the d~rector a report concerning apphcant's quahfication under Sectmn 27- 170(a)(7) The mumcipal court shall furmsh the director a copy of thc apphcant's motor vehml¢ driving record and a hst of any warrants of arrest for the applicant whmh might be outstanding (c) The d~r¢ctor may conduct such other invemgatmn as he considers necessary to determine whether an applicant for a taxicab, hmous~ne, or shuttle driver's hcense m qualified SEC. 27473. ISSUANCE AND DENIAL. (a) If the director determines that an apphcant ~s qualified, the director shall ~ssue a license to the applicant (b) The d~rector shall delay until final adjudication the approval of the apphcation of any applicant who IS under indictment for or has charges pending for Denton City Code 19 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton 1 doc (1) any offense hsted ~n Section 27-170(a)(7)(A), or criminal attempt to commit any of those, or (2) any offense ~nvolwng dnwng whale ~ntoxmated (c) The d~mctor may deny the apphcatmn for a tax~cab, hmous~ne, or shuttle driver's license if the apphcant (1) is not quahfied under Section 27-170, (2) refuses to submit to or does not pass a medical or written examination authorized under Section 27-172, (3) makes a false statement of a material fact ~n his apphcat~on for a taxicab, hmou- sine, or shuttle driver's license (d) If the director determines that a hcense should be denied the apphcant, the d~rec- tor shall not~fy the applicant in writing that h~s apphcat~on is demed and include ~n the notice the reason for denial and a statement reforming the applicant of his right of appeal in accordance w~th Section 27-181 of this chapter SEC. 27-174. EXPIRATION OF TAXICAB, LIMOUSINE, OR SHUTTLE DRIVER'S LICENSE, VOIDANCE UPON SUSPENSION OR REVOCATION OF STATE DRIVER'S LICENSE (a) Except in the case of probatmnary and provlsmnal hcenses, a tax~cab, hmouslne, or shuttle driver's license expires two years from the date of~ssuance (b) If a hcensee's state driver's hcense is suspended or revoked by the state, h~s taxi- cab, hmousme, or shuttle driver's hcense automatically becomes void A licensee shall notify the director and the holder for whom he drives within three days of a suspension or revocanon ofh~s driver's license by the state and shall ~mmed~ately surrender h~s taxicab, limousine, or shuttle driver's hcense to the director SEC. 27-175. PROVISIONAL LICENSE (a) The d~rector may issue a provisional taxmab, limousine, or shuttle driver's hcense ff he deterrmnes (1) that the number of taxicab, limousine, or shuttle drivers is ~nadequate to meet the mty's need for taxmab service, ~n whmh case he may issue the number necessary to meet the need, or Denton City Code 20 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton 1 doc (2) that it is necessary pending completion of mvestlgatton of an apphcant for a taxi- cab, limousine, or shuttle driver's license (b) A provisional tax,cab, hmousme, or shuttle driver's license expares on the date shown on the heense, not to exceed 45 days from the date of ~ssuance, or upon the applicant's being demed a taxicab, hmousme, or shuttle driver's hcense, whichever occurs first (c) The director shall not ~ssue a provasmnal hcense to a person who has been previ- ously denied a taxicab, hmousme, or shuttle driver's license (d) The director may ~ssue a prows~onal heense to a person holding a state driver's license SEC. 27-176. PROBATIONARY LICENSE. (a) The d~rector may ~ssue a probationary taxmab, hmous~ne, or shuttle driver's h- tense to an apphcant who ~s not qualified for a taxicab, hmous~ne, or shuttle driver's hcense un- der Section 27-170 ffthe applicant (1) could qualify under Section 27-170 for a tax,cab, hmous~ne, or shuttle driver's h- cense within one year from the date of apphcat~on, (2) holds a vahd state driver's license or occupational driver's hcense, and (3) is determined by the darector, using the criteria hsted ~n Section 27-170(b) ofth~s article, to be presently fit to engage ~n the occupatmn of a tamcab, hmouslne, or shuttle driver (b) A probationary taxicab, hmous~ne, or shuttle driver's license may be issued for a period not to exceed one year (c) The director may prescribe appropriate terms and conditions for a probationary taxicab, limousine, or shuttle driver's license as he determines are necessary SEC 27-177. DUPLICATE LICENSE. If a taxicab, hmousme, or shuttle driver's hcense ~s lost or destroyed, the director shall issue the hcensee a duplicate hcense upon payment to the mty of a duplicate hcense fee of $10 SEC 27-178. DISPLAY OF LICENSE A taxicab driver shall at all t~mes conspicuously d~splay a tax~cab driver's license on the clothing of the driver's upper body A taxmab, hmous~ne, or shuttle driver shall allow the d~rec- tor or a peace officer to examine the driver's tax,cab, hmous~ne, or shuttle driver's hcense upon request Denton City Code 21 S \Our Documents\Ordmances\Ol\Tax~ OrdmanceDenton 1 doc SEC 27-179. SUSPENSION BY DESIGNATED REPRESENTATIVE (a) If a representative designated by the d~rector to enforce th~s chapter determines that a hcensee has failed to comply with this chapter (except Section 27-170) or a regulation es- tabhshed under thru chapter, the representative may suspend the taxmab, hmousme, or shuttle driver's hcense for a period of t~me not to exceed three days by personally serving the hcensee w~th a written notice of the suspenmon The written notice must include the reason for suspen- sion, the date the suspension begins, the duratmn of the suspension, and a statement mformmg the hcensee ofh~s right of appeal m accordance with subsectmn (b) and (c) ofth~s section (b) A suspension under this section may be appealed to the director or h~s assistant ~f the licensee requests an appeal at the t~me the representative serves notme of suspenmon When appeal is requested, the suspension may not take effect until a heanng is provided by the director or h~s assmtant (c) The director may order an expedited heanng under th~s section, to be held as soon as possible after the heensee requests an appeal The director may affirm, reverse, or modify the order of the representative The dems~on of the d~rector ~s final SEC 27-180 SUSPENSION AND REVOCATION (a) If the d~rector determines that a hcensee has faded to comply w~th th~s chapter (except Section 27-170) or a regulation estabhshed under thts chapter, the d~reetor may suspend the taxicab, hmous~ne, or shuttle driver's hcense for a defimte period of t~me not to exceed 60 days (b) If at any t~me the d~rector determines that a hcensee is not qualified under Section 27-170, or ~s under indictment or has charges pending for any offense involving dnwng wh~le mtoxmated or any offense revolving a crime described m Section 27-170(a)(7)(A) or criminal attempt to commit any of those offenses, the director shall suspend the taxicab, hmousme, or shuttle driver's heanse until such time as the d~rector determines that the hcensee is quahfied or that the charges against the heensee have been finally adjudicated (c) A heensee whose tax,cab, hmousme, or shuttle driver's hcense ~s suspended shall not drive a taxicab, hmousme, or shuttle ms,de the city during the period of suspension (d) The dtrector shall notify the hcensee and the holder m writing of a suspension un- der th~s sectmn and include m the not,ce the reason for the suspensmn, the date the d~rector or- ders the suspensmn to begin, the duration of suspension or if ~t ~s under Subsection (b), and a statement reforming the hcensee of a right of appeal The period of suspension begins on the date specffied by the d~rector or, m the case of an appeal, on the date ordered by the appeal heanng officer Denton City Code 22 S \Our Documents\Ordmanees\01\Tam OrdmaneeDenton 1 doe (e) The director may revoke a taxicab, llmoumne, or shuttle driver's license ~f the rector detormmes that the hcensee (1) operated a taxicab, hmousme, or shuttle ~nslde the c~ty a period ~n whmh the taxi- cab, hmouslne, or shuttle driver's hcense was suspended, (2) made a false statement of a material fact in an apphcat~on for a taxicab, hmous~ne, or shuttle driver's hcense, (3) engaged ~n conduct that constitutes a ground for suspensmn under Subsection (a), and received either a suspension in excess of three days or a conviction for vlola- tlon of th~s chapter, two times within the 12-month period preceding the occur- rence of the conduct or three t~mes within the 24-month period preceding the oc- currence of the conduct, (4) engaged m conduct that could reasonably be determined to be detrimental to the pubhc safety, (5) failed to comply with a condition of a probationary permit, or (6) was conwcted of any felony offense while holding a taxicab, limousine, or shuttle driver's hcense (f) A person whose taxmab, limousine, or shuttle driver's license is revoked shall not (1) apply for another taxicab, hmous~ne, or shuttle driver's license before the explra- taon of 12 months from the date the d~rector revokes the hcense or, ~n the case of an appeal, the date the appeal heanng officer affirms the revocation, or (2) drive a tax,cab, hmousme, or shuttle inside the cay (g) The director shall notify the hcensee in writing of a revocation and include ~n the notice the reason for the revocation, the date the d~rector orders the revocation, and a statement informing the heensee of h~s right of appeal (h) Atler receapt of notxce of suspensmn, revocation, or denial of license renewal, the licensee shall, on the date speeffied m the notice, surrender his tax,cab, hmouslne, or shuttle driver's hcense to the d~reetor and d~scontmue dnvlng a taxicab, limousine, or shuttle inside the city 0) Notwithstanding Subsections (c) and (h), if the heensee appeals the suspensmn or revocation under tl-ns section, the licensee may continue to drive a tax~cab, hmousane, or shuttle pending l~he appeal unless Denton City Code 23 S \Our Documents\Ordinances\0 l\Tax~ OrdmanceDenton 1 doc (1) the taxicab, hmous~ne, or shuttle driver's license of the hcensee ~s suspended pur- suant to Subsection (b) or revoked pursuant to Subsection (e)(6) of this sectmn, or (2) the director determines that continued operatmn by the licensee would ~mpose an immediate threat to public safety SEC 27-181 APPEAL. (a) A person may appeal the following decisions of the director if he requests an ap- peal an writing and delivers ~t to the c~ty manager not more than 10 business days after receiving notice of the director's action (1) a denial of an application for a permit, (2) a suspension or revocation of a permit, (3) a denial of renewal of annual permit, (4) denial of a taxicab, hmouslne, or shuttle driver's hcense apphcat~on, (5) suspension of a taxmab, hmouslne, or shuttle driver's hcense under Section 27- 180, or (6) revocation of a taxmab, llmoumne, or shuttle driver's license (b) The mty manager or has designated representative shall act as the appeal heanng officer ~n an appeal hearing under this section The heanng officer shall g~ve the appeahng party an opportunity to present ewdence and make argument an his behalf The formal rules of evi- dence do not apply to an appeal heanng under this section, and the heanng officer shall make h~s ruhng on the basis of a preponderance of the evidence presented at the heanng (c) The heanng officer may affirm, modify, or reverse all or part of the action of the director being appealed The decision of the heanng officer ~s final SEC 2%182. FALSIFYING OF ALICENSE. A person commits an offense if he (1) forges, alters, or cotmterfe~ts a taxmab, hmous~ne, or shuttle driver's license, badge, stacker, or emblem required by law, or (2) possesses a forged, altered, or counterfeited taxicab, hmousme, or shuttle driver's license, badge, stroker, or emblem required by law Denton C~ty Code 24 S \Our Documents\Ordinances\0 l\Tax~ OrdmanceDenton 1 doe SEC 2%183. CURRENT MAILING ADDRESS OF LICENSEE An mthvidual issued a taxmab, hmousme, or shuttle driver's hcense shall maintain a cur- rent mmhng address on file with the director The hcensee shall notify the d~rector of any change m th~s malhng address w~thm five business days of the change PART D MISCELLANEOUS HOLDER AND DRIVER REGULATIONS SEC 27-184. HOLDER'S AND DRIVER'S DUTY TO COMPLY (a) Holder In the operation of a taxicab, hmouslne, or shuttle service, a holder shall comply with the terms and conditions of the holder's operating authority and, except to the ex- tent expressly provided otherwise by the operating authority, shall comply with this chapter, regulations established under this chapter, and other law applicable to the operation of a taxicab, limousine, or shuttle serwce (b) Driver While on duty, a driver shall comply with this chapter, regulations estab- hshed under ti'ns chapter, other law applicable to the operation of a motor vehicle in this state, and orders issued by the holder employing or contracting with the driver in connection with the holder's dlschargmg of ~ts duty under its operating authority and th~s chapter SEC 27-185. HOLDER'S DUTY TO ENFORCE COMPLIANCE BY DRIVERS (a) A holder shall establish pohcy and take action to dmcourage, prevent, or correct molat~ons of th~s chapter by drivers who are employed by or contracting with the holder (b) A holder shall not permit a driver who is employed by or contracting w~th the holder to drive a tax~cab, limousine, or shuttle ff the holder knows or has reasonable cause to suspect that the driver has failed to comply with this chapter, the rules and regulations estab- hshed by ,the d~rector or other applicable law SEC 27-186. DRIVERAS INDEPENDENT CONTRACTOR. (a) A holder may contract with a driver on an independent-contractor bas~s, but only if the contract (1) provides that the holder shall ~ndenmlfy the city and hold the city harmless for a clmm or cause of action against the mty arising from conduct of the driver, (2) provides that the driver is insured under the holder's fleet insurance pohcy, and (3) ~mposes a condition that the driver must comply with this chapter and provtdes that failure to comply may be considered by the holder as a material breach of the contract Denton City Code 25 S \Our Documents\Ordmances\Ol\Tax~ OrdmanceDenton 1 doc (b) The form of the contract between a holder and driver must be approved by the director The director may disapprove a contract form if he determmes that the contract is ~ncon- slstent with th~s chapter, regulahons estabhshed under this chapter, or other applicable law A holder may not use a contract that has been d~sapproved by the director SEC 27-187. INSURANCE. (a) A holder shall procure and keep in full force and effect automobile hablhty ~nsur- ance written by an insurance company that (1) ~s approved by the State of Texas, (2) is acceptable to the c~ty, (3) ~s rated A- or better, w~th a financml size of Class VI or higher, by A M Best or has an eqmvalent rating from another insurance rating servme approved by the city, unless the ~nsurance company ~s reinsured for the full ~nsurance reqmred un- der this section by another ~nsurance company that meets all of the rating re- qmrements of th~s paragraph and all other requirements of Paragraphs (1), (2), and (4) of this subsectmn and provides a right of d~rect action agmnst the reinsurer by any person entitled to clmmed insurance benefits against the primary insurance company m the event the primary ~nsurance company does not pay any valid claim, and (4) does not wolate operational control prohibition described ~n Subsection (1) of th~s section (b) The insurance must be Issued in the standard form approved by the Texas De- partment of Insurance, and all provisions of the pohcy must be acceptable to the mty The in- sured provisions of the policy must name the city and its officers and employees as addltmnal msureds, and the coverage provisions must provide coverage for any loss or damage that may arise to any person or property by reason of the operation of a taxicab, limousine, or shuttle ser- vice by the holder (c) The automobile habthty insurance must provide combined s~ngle hmtts of habfl- ~ty for bochly injury and property damage of not less than $300,000 for each occurrence, or the eqmvalent, for each motor vehicle used by the holder Aggregate hm~ts of habthty are prohib- ited (d) If a vehmle is removed from service, the holder shall mmntmn the insurance cov- erage reqmred by th~s section for the vehmle until the director receives satisfactory proof that all evidence of operation as a taxmab, hmousme, or shuttle has been removed from the vehmle (e) Insurance reqmred under thru section must include Denton C~ty Code 26 S \Our Documents\Or&nances\01\Tax~ OrdmanceDenton 1 doc (1) a cancellation pmwslon m which the insurance company is reqmred to notify the &rector m writing not fewer than 30 days before canceling or making a material change to the insurance policy, (2) a provision to cover all vehicles, whether owned or not owned by the holder, op- erated under the holder's operating authority, and (3) a provision requmng the insurance company to pay every clmm on a first-dollar basis (f) Insurance required by ttus section may be obtained from an assigned risk pool if all of the policies and coverages are managed by one agent, and one certfficate of insurance is issued to the city (g) Operating authority will not be granted or renewed unless the apphcant or holder furnishes the director with such proof of insurance as the director considers necessary to deter- m~ne whether the applicant or holder is adequately ~nsured under this section (h) If the ~nsurance of a holder lapses or is canceled and new insurance is not ob- tained, the director shall suspend the operating authority until the holder prowdes evidence that insurance coverage required by this section has been obtained A person shall not operate a pas- senger transportation servme while operating authority ~s suspended under this section whether or not the action is appealed A $100 fee must be prod before operating authority suspended un- der this section will be reinstated (0 No person w~th any &rect or ~n&rect ownership interest in the holder's taxicab, limousine, or shuttle service may have any operational control, direct or indirect, in any insur- ance company that prowdes insurance reqmred by this section to the taxicab, hmousme, or shut- tle service For purposes of this subsection, "operational control" means holding any manage- ment position w~th the ~nsurance company 0ncludmg, but not limited to, the chief executive offi- cer, the president, any vice-president, or any person ~n a decision-making poslt~on with respect to insurance clatms) or having the right to control the actions or decisions of any person ~n such a management position in the insurance company SEC 27-188. APPAREL TO BE WORN BY DRIVERS (a) Each holder shall have company dress standards for drivers employed by or con- tractmg w~th the holder These standards must be kept on file with the director and must include the following (1) A driver may not wear (A) cut-offs, Denton City Code 27 S \Our Documents\Ordmances\Ol\Tax~ OrdmanceDenton 1 doc (B) apparel w~th offensive or suggestive language, (C) tank tops or halter tops, or (D) outer apparel made of fishnet or undergarment material (2) Only shorts commonly referred to as walking shorts or Bermuda shorts w~th a fin- ished hem are permitted (3) Shoes must be worn at all t~mes ~n the manner for which they were designed A driver may not wear shoes or sandals w~thout socks or hosiery and may not wear beach or shower thongs (4) A driver and the driver's clothing must conform to basra standards of hygiene and be neat, clean, and sanatary at all times (5) A driver's hmr must be clean and neatly groomed Facial hmr must be neatly trimmed (b) Whale on duty, a dnver shall wear the ~tem specafied by the holder who employs or contracts w~th the driver and shall comply w~th such other ~dentfficat~on regulations pre- scribed by the holder's operatang authority SEC 27-189, DRIVER'S DAILY MANIFEST (a) Each holder shall provade ats drivers with forms, approved by the d~rector, for mmntmmng a dmly manifest The form must include appropriate spaces for mcordang (1) velucle number, driver's name, date, hours of operation, total males, prod miles, umts, trips, extras, and if the vehicle ~s a taxicab, the meter number, (2) time, place, origin, and destxnataon, (3) number of passengers and amount of fare and other charges, and (4) other mformat~on reqmred by the d~rector to md in the discharge of h~s duties (b) Each driver shall complete a manifest on a separate form for each tour of duty The driver shall prowde the information mqmred by the form and shall record the lnformatmn with regard to trips at the end of each trip The holder shall mmntmn the mamfest forms and al- low the director to anspect the forms upon request The holder shall prowde cop~es of the mani- fest forms to the director ~f requested Denton City Code 28 S \Our Documents\Ordmances\01\Tam OrdmanceDenton 1 doc SEC 27-190 HOLDER'S RECORDS AND REPORTS. (a) Each holder shall mtuntam at a single location business records of its taxicab, hmousme, or shuttle service The method used m mmntammg the records must be approved by the director, and the d:reetor may require maintenance of certain records which he determines are necessary for momtonng the actlwtles, operations, service, and safety record of a holder A holder shall make its records available for inspection by the director at reasonable t:mes upon request (b) Each holder shall submit to the director such annual and monthly reports concern- lng ~ts tax~cab, hmousme, or shuttle service as the director determines necessary to evaluate the holder's operations A holder shall submit a monthly report of' gross receipts in a form approved by the director SEC 27-191. TAXICABS MONTHLY SUMMARY OF METER READINGS (a) A holder, owner, or driver shall obtain forms from the d~rector for mamtamlng a monthly summary of meter readings for each tax.cab operating under a holder's authority The form must include appropriate spaces for recording (1) taxicab number, (2) driver's name, (3) date, (4) meter number, (5) total miles, (6) prod miles, (7) units, (8) trips, (9) extras, and (10) other information reqmred by the director (b)A holder, owner or driver of a taxicab shall provide all ~nformatlon required by the form A separate form must be completed for each taxicab A holder, owner, or driver shall return completed forms to the director once a month, or as otherwise required by the d~rector Denton City Code 29 S \Our DocumentskOrdmances\01\Tax~ Ord~nanceDenton 1 doc PART E SERVICE REGULATIONS SEC 27-192. CITY-WIDE TAXICAB SERVICE REQUIRED (a) Except as otherwise prowded by the holder's operating authority, a holder shall (1) provide taxicab service to the general pubhc to and from any point inside the city that is accessible by pubhc street, except that thru provision does not require a holder to subject a taxicab to mob violence or destruction, (2) answer each call received for service inside the city as soon as practicable, and if the service cannot be rendered within a reasonable time, the holder shall inform the caller of the reason for the delay and the approximate time reqmred to answer the call, and (3) mmnta~n a single statmn for the purpose of receiving calls and dispatching taxi- cabs that is operational 18 hours each day SEC 27-193. REPRESENTATION OF AVAILABILITY OF TAXICAB. A driver may not represent that h~s taxicab is engaged when ~t is in fact vacant or vacant when it is in fact engaged SEC 27-194 REFUSAL TO CONVEY PASSENGERS BY TAXICABS (a) While operating a taxicab a driver shall not refuse to convey a person who re- quests service unless (1) the person is d~sorderly, (2) the driver is engaged m answering a previous request for service, (3) the driver has reason to believe that the person is engaged in unlawful conduct, or (4) the driver is m fear of his personal safety (b) Wl'nle operating a taxmab, a driver shall not refuse service requested by a radio dispatch when the location for pick up is within a reasonable distance from the location of the taxicab Denton City Code 30 S \Our Documents\Ordmances\Ol\Tax~ OrdmanceDenton 1 doc SEC 27-195. PASSENGER LIMITATIONS OF TAXICABS. (a) While operating a taxicab a driver on duty may carry only a person who is a pay- mg passenger, unless the passenger is an employee of the taxicab service that employs or con- tracts with the driver, a governmental inspector acting in an official capacity, or unless it is au- thorized by the holder's operating authority (b) A driver may not carry at the same time more passengers than the designed seat- ing capacity of the taxicab (c) The director may estabhsh rules governing passenger limitations, as illustrated by, but not limited to, cab-shanng, cab-poohng, and numbers of passengers with different destina- tions SEC '17-196 CARRY PASSENGERS BY DIRECT ROUTE. A driver shall carry a passenger to his destination by the most direct and expeditious route available unless otherwise directed by the passenger SEC. 27-197. SOLICITATION OF PASSENGERS BY TAXICABS A driver may not solicit passengers (1) from a location other than the driver's compartment or the ~mmcdlate wc~mty of the driver's taxicab, (2) m a way that annoys or obstructs the movement of a person, (3) by paying an employee of another business to solicit passengers for or give pref- erential treatment in directing passengers to the driver's taxicab, or (4) without using a taxicab stand at a location where a taxicab stand exists SEC '17-198 REGULATIONS FORUSE OF TAXICAB STANDS (a) While using a taxicab stand, a driver shall not (1) go beyond 25 feet of his taxicab except to assist a passenger as reasonably neces- sary after being engaged, (2) interfere with the orderly progression of taxicabs from the rear to the front o£ the taxicab stand, (3) perform or allow to be performed repairs or maintenance on a taxicab while parked on the taxicab stand, Denton City Code S \Our Documents\Ordmances\01\Tax~ OrdlnanceDenton 1 doc (4) assign or sell his position in a taxicab stand to another, or (5) ~nterfere with a taxicab entenng a tax~cab stand on which there is a vacant space (b) A person shall not park a taxicab on a taxicab stand unless the taxicab is for h~re (c) A taxicab lefi unattended in a taxicab stand is illegally parked and may be re- moved from the taxicab stand and impounded as provided in Chapter 18 of this code SEC. 27-199. CONDUCT OF DRIVERS. A driver shall (1) act xn a reasonable, prudent, and courteous manner, (2) m~untaln a sanitary and well-groomed appearance in compliance with Section 27- 188(a) of this chapter, (3) not respond to a racho dispatch call assigned to another driver, (4) not consume an alcoholic beverage, drug, or other substance that could adversely affect the dnver's ability to drive a motor vehicle, (5) not monitor the radio frequency of a tax~cab, hmous~ne, or shuttle company other than the dnver's own nor respond to a call for serwce dispatched to another taxi- cab, limousine, or shuttle, (6) not possess a radio capable of receiving the frequency of a taxicab, hmouslne, or shuttle company, other than the driver's own, (7) not interfere w~th the director ~n the performance of the director's duties, and (8) comply with lawful orders of the d~rector issued in the performance of his duties SEC 2?-200. RETURN OF PASSENGER'S PROPERTY (a) Upon findmg property m a taxicab, hmousme, or shuttle, left by a passenger, the driver shall immediately return the property to the owner However, if the driver is unable to lo- cate the owner or if the driver does not know the ~dent~ty or whereabouts of the owner, the driver shall, w~ln a reasonable Ume, deliver the property to the holder who employs or contracts with the driver (b) Upon return of property to the owner or dehvery of property to the holder, the driver shall prepare a written report statmg the description of the property, the identity of the Denton City Code 32 S \Our Documents\Ordmances\01\Tam OrdmanceDenton 1 doc owner ~f known, the date the property was left ~n the tax~cab, hmousme, or shuttle, the circum- stances relating to the loss, and the taxmab, limousine, or shuttle number The holder shall keep the report on file for at least one year and shall hold the property for not less than three months SEC 27-201. ESTABLISHMENT OF TAXICAB STANDS (a) SubJect to the approval of the director, the traffic engineer may establish taxicab stands of such character, number, and location as he determines are reqmred by the pubhc con- vemence and necesmy (b) A holder desmng the estabhshment of a taxicab stand must file a written request with the d~rector and the traffic engineer SEC 27-202. SERVICE REGULATIONS FOR BUSINESS ESTABLISHMENTS REQUESTING TAXICABS FOR CUSTOMERS An employee of a business establishment, other than a taxicab service, who acts as an agent in obtmmng taxicab service for prospective taxicab passengers shall not (1) sohclt nor accept payment from a driver in return for giving preferential treatment in d~rectmg passengers to a driver's taxicab, or (2) interfere w~th the orderly progressmn of taxicabs from the rear to the front of a taxicab stand PART F TAXICAB FARES SEC 27-203 RATES OF TAXICAB FARES (a) A holder of a taxicab permit may charge only rates of fare which have been ap- proved by the city council A holder of a taxicab permit may propose a change m its rates of fare by filing the proposal w~th the city secretary and the director for consideration by the city coun- cil (b) The city council shall hold a heanng to consider the proposed change in rates of fare After the heanng the city counml may approve, disapprove, or modify the proposed change (e) The city secretary shall mmntain on file a current schedule of the rates of fare charged by each holder of taxicab permits (d) A driver shall not charge a fare for operating a taxicab in the city that IS inconsis- tent w~th the rates on file with the e~ty secretary for the holder under whose operating anthorlty the taxicab ~s operated Denton City Code 33 S \Our Documents\Ordmances\Ol\Tam OrdmanceDenton 1 doc SEC. 27-204 DISPLAY OF RATE CARD BY TAXICABS. (a) A holder shall provide the driver for each taxicab operating under its authority, a pnnted card or sticker containing the approved rates of fare of the holder The form and content of the card or sticker are subject to regulation by the director (b) While operating a taxicab for hire, a driver shall, in a manner approved by the di- rector, prominently display two rate cards or stickers inside the taxicab and two rate cards or stickers outside the taxicab so that they can be easily read by passengers SEC 27-205. COMPUTATION OF FARES FOR TAXICABS Unless a holder's approved rates of fare or operating authority provide otherwise, a holder shall equip each taxicab with a taximeter, and a driver shall charge only a fee as computed by the taximeter However, a holder may authorize a driver to make a fiat rate charge for a trip to a destination which is not covered m the holder's approved rates of fare, if the taximeter is kept m operation while the taxicab has a passenger within the scope &the area designated in the ap- proved rates of fare SEC. 27-206. DESIGN AND TESTING OF TAXIMETERS, FEES (a) A taximeter must accurately register in legible figures total miles, paid miles, number of fare ttnlts, number of trips, extras, and total fare for a trip Figures denoting the fare must be illuminated when the meter IS activated (b) A taximeter must be mounted in a conspicuous location in the taxicab m a manner approved by the director A taximeter must be equipped to indicate whether the taxicab is en- gaged or vacant (c) If the taximeter employs a flag, the flag must project at least four inches above the dashboard when in the non-earning position (d) The taximeter or its drive system must be sealed at all points at which compo- nents, if manipulated, could affect the function or accuracy of the taximeter (e) The design of a taximeter is subject to approval by the director to assure that it complies with this section (f) A holder shall cause each taximeter in taxicabs operating under its authority to be mamtained in good operating condition and to be tested and sealed at least once each year in ac- cordance with state and city weights and measures laws The director may estabhsh a schedule of regular testing days and times for purposes of this section (g) The owner of the tax~eab shall be responsible for paying the taximeter testing fee Denton City Code 34 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton 1 doc (h) A person commits an offense if he operates a taxicab that is (1) not equipped with a taximeter, or (2) equipped with a taximeter that (A) does not have a current decal and lead seal authorized by the director, (B) has been tampered with or altered, or (C) incorrectly registers or computes taxicab fares because of alterations to the taxicab odometer, including, but not limited to, changes in the gears, tires, or wheels of the taxicab (1) The following persons shall be responsible and subject to the penalty for a viola- tlon of Subsection (h) (1) The driver of the taxicab (2) The owner of the taxicab (3) The holder under whose authority the taxicab is being operated 0) Proof of taxicab ownership for purposes of this section may be made by a copy of the registration of the vehicle with the State of Texas showing the name of the person to whom the state license plates for the vehicle were issued The person in whose name the vehicle as reg- istered shall be prima facle the owner of the vehicle If the vehicle is not currently registered, the person in whose name the velucle was last registered shall be prima facle the owner of the vehi- cle SEC 27-207. TAXICAB FARE COLLECTION PROCEDURES (a) Before changing the taximeter to indicate that thc taxicab is vacant, a driver shall call the attention of the passenger to the amount of fare registered on the taximeter (b) Upon request by a person paying a fare, a driver shall give the person a legible receipt showing (1) the name of the holder under whose authority the taxicab is operated, (2) the taxicab number, (3) an itemized list of charges, Denton City Code 35 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton 1 doc (4) the total mount of fare prod, (5) the date of payment, and (6) the driver's signature (c) A holder shall promde each driver operattng a taxmab under ~ts authority with pnnted recetpt forms adequate for providing the tnformatlon required tn Subsectton (b) PART G VEHICLES AND EQUIPMENT SEC 27-208. FALSE REPRESENTATION AS TAXICAB (a) A person may not represent that a vehicle ts a tax~cab if the vehicle ~s not m fact a taxmab anthonzed by operating authority granted under this chapter (b) A person may not drive a vehtcle m the c~ty that is not a taxmab if the vehmle ~s marked, painted, or eqmpped m a way that ts likely to result tn unstakmg the vehmle for a tax~- cab SEC 27-209. VEHICLE REQUIREMENTS AND INSPECTIONS (a) The dtrector may by regulatton estabhsh reqmrements for size, cond~tton, and ac- cessories of taxmabs used by a tax~cab, hmousme, or shuttle holder, owner, or driver (b) The thrector shall tnspeet each tax,cab, hmousme, or shuttle for comphance with this chapter and regulattons of the d~reetor, before ~t ~s placed tn service, twine a year for regular inspections, and once dunng the year for a random Inspection (c) A holder, owner, or driver shall make a taxicab, hmousme, or shuttle avatlable for inspection when ordered by the dtrector If, upon ~nspect~on, the dtrector determines that a tax~- cab, hmoustne, or shuttle is not m comphance wtth thru chapter or regulattons of the director, the d~rector shall order the taxmab, hmousme, or shuttle to be brought into comphance w~thm a rea- sonable period of trine and reqmre tt to be remspected The owner shall pay to the dtrector $10 for each remspeetmn of a taxtcab, hmousme, or shuttle that is reqmred before it ts brought mto comphance (d) If a holder, owner, or driver fmls to make a tamcab, hmousme, or shuttle avmlable for tnspectton or ff the director determines that a taxicab, hmoumne, or shuttle ts not tn comph- ante wtth thts chapter or regulations of the director, the director may order the taxmab, hmou- sine, or shuttle removed from servme until tt ts made available for mspectton and brought into comphance Denton City Code 36 S \Our Documents\Ordmances\01\Taxt Ord~nanceDenton 1 doc (e) If the director determines that inspection of the mechamcal condition or safety eqmpment of a taxmab by an expert mechanic or techmcmn is necessary, the holder, owner, or driver shall pay the cost &the ~nspection (f) When a tax,cab, limousine, or shuttle ~s removed from service and placed back ~n service within 15 days by the same owner, the owner shall pay to the director $60 for relnspec- tlon (g) Before any tax~cab, hmouslne, or shuttle will be approved for service, the director shall be provided with a copy of the registration for the vehicle with the State of Texas, or a bill of sale if the vehicle is new and has not yet been registered, show~ng the name of the ~ndlwdual or holder owmng the vehicle The owner shown on the reglstrat~on or bill of sale provided to the d~rector shall notify the d~rector of any change m ownership of the taxmab, hmousme, or shuttle within 101business days SEC. 27-210. TAXICAB AGE LIMITS (a) A holder, owner, or driver commits an offense ~f he operates any vehicle as a taxmab in the city that is older than (1) 72 months (6 years) of age for a vehmle not eqmpped to use only alternative fuel, or (2) 108 months (9 years) of age for a vehicle eqmpped to use only alternative fuel, ~f the eqmpment was on the vehicle when the vehicle was purchased new or added to the vehicle within 30 days after the vehicle was purchased new (b) For purposes of tlus section, vehicle age, for a vehicle purchased used, wall be calculated from January 1 of the model year of the vehicle If the vehicle ~s purchased new, age will be calculated from the date of purchase and the holder, owner, or driver shall present to the director (1) a certified copy of the vehicle's title stating the date of purchase and an odometer reading of no more than 1,000 miles at the time of purchase, and (2) a manufacturer's certificate, as defined in Chapter 501 of the Texas Transporta- tion Code, certifying that the vehicle has not been previously titled and has not been previously subject to retml sale SEC. 27-211. REQUIRED EQUIPMENT FOR TAXICABS (a) Unless otherwise specified ~n the operating anthonty under whmh a taxmab is op- erated or by regulation of the director, and in addition to other equipment reqmred by th~s chap- Denton City Code 37 S \Our Documents\Ordmances\01\Taxl OrdmanceDenton 1 doc ter, a holder, owner, or driver shall provide and mmntmn m good operating condition the follow- lng equipment for each taxicab, hmousme, or shuttle (1) seat belts for each passenger, the number of whmh ~s determined by the demgned seating capamty of the tax~eab, (2) heater and mr conditioner, (3) chemmal-type fire extinguisher, of at least one quart capamty, conveniently lo- cated m the same compartment of the taxicab as the driver so that ~t ~s readily ac- cessible for ~mmedlate use, (4) eqmpment to ~ndmate when a taxicab ~s operating for h~re and when ~t is not for hire, (5) top hght, (6) two-way radio on the holder's d~spatch frequency, (7) map of the c~ty, (8) decal complying w~th Section 27-215 ofth~s arhcle, (9) taxwab d~splay receptacle, (10) rates of fare cards or strokers, and (11) taximeter (b) No equlpmant listed m Subsectmn (a)(4), (5), (6), (9), (10), and (11) may be placed on a vehicle to be operated as a taxtcab unless the equipment ~s owned by the holder (e) A taxicab ~n operatmn on the date th~s ordinance ~s adopted which is not equipped with safety belts or the reqmred number of safety belts, ~s not required to comply with Subsec- tion (a)(1) SEC 27-212 TAXICAB COLOR SCHEME AND DISTINCTIVE MARKINGS. (a) A holder shall develop the design of a color scheme and distinctive markmgs for taxmabs operating under ~ts authomy, and shall submit the design to the d~rector for approval to insure that the design is readily dlstmgmshable from the design used by other holders (b) A/ter a design ~s approved by the director, the holder shall submit to the director a color photograph of a completely equipped taxmab using the approved design Denton City Code 38 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton 1 doc (C) The holder shall use only the approved design, as depicted in the submitted pho- tograph, for taxicabs operated under its authority unless written approval of a change is obtmned from the dxrector SEC 27-213 REQUIRED TAXICAB IDENTIFICATION A holder shall cause each taxicab operatmg under its authority to be provided with the following tmfform vehicle identification (1) the name of the holder's company pnnted In letters not less than three inches high w~th one-half 1neb stroke, and (2) the taxicab number assigned to each vehicle by the director in numbers and letters not less than three roches h~gh with one-half inch stroke and so that it is clearly vis~blc from the fi.om, rear, and both sides of the taxicab SEC. 27- 214 TAXICAB DISPLAY RECEPTACLE (a) Every taxicab must have a display receptacle approved by the director securely affixed to a conspicuous place on the dashboard A display receptacle shall be at least 6-1/4 inches by 10 mches m area, constructed of a ng~d material, and designed to accommodate the following lnformatmn in accordance w~th the required dimensions (1) At least a two-inch by two-inch colored passport-quality photograph of the driver, with the driver's name as ~t appears on the driver's Texas driver's license and the tax,cab driver's license number placed under the photograph in block letters and numbers not less than three-s~xteenths inch high with at least a one-sixteenths meh stroke, must be laminated as a single unit not less than 2-1/4 inches by 3-1/2 inches (2) The company name m block letters not less than one-half inch high with at least a one-eighth inch stroke, with the taxicab number placed under it in block numbers and letters not less than three-fourths tach high with at least a three-s~xteenths meh stroke, must be laminated as a single unit not less than three inches by 2-1/2 inches (3) Taxi rates in block numbers at least nine-sixteenths inch high with at least a three- sixteenths inch stroke and in block letters at least one-eighth inch high with at least a 1/32 1neb stroke must be laminated as a single unit not less than 6-1/2 by SlX mehes (b) A holder, owner, or driver of a taxicab commits an offense if he operates or al- lows operation ora taxicab that is equipped with (1) no required display receptacle, Denton City Code 39 S \Our Documents\Ordinances\01 \Tam OrdmanceDenton 1 doc (2) a display receptacle that does not contmn required information, or (3) a display receptacle that contmns ~nsuffiment or incorrect ~nformatlon SEC 27-215 TAXICAB DECALS. (a) The holder, owner, or driver of a tamcab shall obtmn a decal, lndmatlng the taxi- tab's authority to operate, from the director each month, or other period to be determined by the d~rector A decal must be attached to the lower right comer of the front w~ndsh~eld of the taxicab ~n a manner approved by the director (b) A person commits an offense ~f he (1) operates a tax~cab with an expired decal or w~th no decal affixed to it, (2) attaches a decal to a vehicle not authorized to operate as a taxmab, (3) forges, alters, or counterfeits a taxicab decal required by th~s section, (4) possesses a forged, altered, or counterfeited taxmab decal required by this section, or (5) displays more than one taxicab decal ~ssued by the city on a vehmle at the same time (c) A taxicab decal assigned to one person is not transferable to another without con- sent of the director SEC 27- 216. NOT-FOR-HIRE STATUS OF TAXICABS (a) Each taxicab is presumed to be on duty and ready to serve the general pubhc for hire If a driver is not for hire and does not ~ntend to provide tax~cab service, the driver shall comply with the following requirements (1) The driver shall place a sign, to be provided by the holder, in the taxicab lndmat- lng the words "NOT FOR HIRE" pnnted in letters not less than three inches ~n height with a stroke of not less than 3/8 inch The letters shall be on a backing of sufficient thickness to not easily bend (2) When a driver is not for hire, the driver shall dtsplay the sign ~n an upright pota- tion in the front window on the right s~de of the taxtcab so as to be easily seen and read from outside of the taxicab Denton C~ty Code 40 S \Our Documents\Ordlnances\01\Tax~ OrdmanceDenton 1 doc (b) A driver who is not for hire shall not park or stand a taxicab on a taxicab stand or on a public street or pubhc property within 500 feet of a taxicab stand unless ~t is parked at a me- tered parking space SEC 27-217. REMOVAL OF EQUIPMENT FROM TAXICABS (a) Whenever a vehicle is removed from servme or is no longer authorized to operate as a taxicab, the holder, owner, or driver shall remove from the vehicle all taxicab s~gns, markings, and equipment that would dlstmgmsh the vehicle as a taxmab, including, but not hm~ted to, ra- dins, top hghts, meters, and decals (b) A holder, owner, or driver of a taxicab shall not sell or transfer to a driver any ra- dio, top hght, meter, or other equipment that would dlstlngmsh a vehicle as a taxicab PART H ENFORCEMENT SEC 27-218. AUTHORITY TO INSPECT The director may inspect a tax~cab, hmouslne, or shuttle service operating under this chapter to determme whether the service comphes w~th th~s chapter, regulations established un- der th~s chapter, or other applicable law SEC. 27-219. REMOVAL OF EVIDENCE OF AUTHORIZATION Whenever a holder's operating authority or a taxmab, hmouslne, or shuttle driver's h- cense is suspended, revoked, or denied or whenever a vehicle falls to pass ~nspectlon as a tax~- cab, hmousme, or shuttle, the director may remove or reqmre the surrender of all ewdence of authonzahon as a holder, taxmab, hmous~ne, or shuttle driver, or tax,cab, hmousme, or shuttle, ~ncludmg, but not hm~ted to, removal or surrender of operating authority, licenses, decals, signs, lns~gma, radios, top lights, and meters ff applicable SEC 27-220 ENFORCEMENT BY POLICE DEPARTMENT. Officers of the pohce department shall assist ~n the enforcement of this chapter A police officer upon observing a wolatlon of thru chapter or the regulations established by the director, shall take necessary enfomement action to ~nsure effective regulations of taxicab, hmous~ne, or shuttle service SEC 27-221 CORRECTION ORDER. (a) If the director detenmnes that a holder v~olates this code, terms of Its operating authority, a regulatton estabhshed by the d~rector, or other law, the d~rector may notify the holder in writing of the wolatlon and by written order d~rect the holder to correct the violation within a reasonable period of time In setting the time for correction the director shall consider the degree Denton City Code 41 S \Our DocumentskOrdlnances\01\Tax~ OrdlnanceDenton 1 doc of danger to the pubhc health or safety and the nature of the vlolataon If the molataon involves equipment that is unsafe or functaomng improperly, the director shall order the holder to imme- daately cease use of the eqmpment (b) If the darector determines that a violation constitutes an imminent and serious threat to the pubhc health or safety, the darector shall order the holder to correct the wolatlon immedmtely, and, ff the holder falls to comply, the director shall promptly take or cause to be taken such aetaon as he considers necessary to enforce the order immedaately (c) The darector shall include in a notate issued under this section an adentffication of the violation, the date of assuance of the notice and the time period w~thin which the vlolataon must be corrected, a warning that failure to comply wIth the order may result in suspensaon or revocation of operating authority or lmpos~tmn of a fine or both, and a statement andlcating that the order may be appealed to the mty manager SEC. 27-222. SERVICE OF NOTICE. (a) A holder shall desagnate and maintain a representative to receive service of notice required under this chapter to be gaven a holder and to serve notice reqmred under thas chapter to be given a driver employed by a holder (b) Notaee reqmred under flus chapter to be gaven (1) a holder must be personally served by the director on the holder or the holder's desagnated representatave, or (2) a driver licensed by the caty under Part C, must be personally served or sent by eertffied Umted States Mall, five day return receapt requested, to the address, last known to the director, of the person to be notffied, or to the designated represen- tative for drivers (c) Notme reqmred under thas chapter to be given a person other than a driver li- censed under Part C or a holder may be served in the manner prescribed by Subsection (b)(2) (d) Service executed in accordance wath this section constitutes notice to the person to whom the notme as addressed The date of servme for notice that is mailed as the date received (e) Thas section does not apply to not,ce served under Section 27-179(a) SEC. 27-223. APPEAL. (a) A holder may appeal a correctaon order issued under Section 27-221 or any other actmn of the darector ff an appeal is requested in writing not more than 10 days after notice of the order or action ~s received Denton City Code 42 S \Our Documents\Ordmances\01\Tax~ OrdmanceDenton 1 doc (b) The city manager or his designated representative shall act as the appeal heanng officer in an appeal heanng under this section The heanng officer shall give the appeahng party an opporttmlty to present evidence and make argument in his behalf The formal rules of dence do not apply to an appeal heanng under this section, and the heanng officer shall make h~s ruling on the basis of a preponderance of ewdence presented at the heanng (c) The hearing officer may affirm, modify, or reverse all or a part of the order of the director The dec~slon of the heanng officer ~s final SEC. 27-224. CRIMINAL OFFENSES. (a) A person commits an offense ff he wolates or attempts to violate a promslon of this chapter apphcable to him A culpable mental state ~s not reqmred for the commiss~on of an offense under this chapter unless the provision defining the conduct expressly requires a culpable mental state A separate offense is committed each day in which an offense occurs An offense committed under this chapter is punishable by a fine of not more than $500 (b) Prosecution for an offense under Subsection (a) does not prevent the use of other enforcement remeches or procedures applicable to the person charged w~th or the conduct in- volved ~n,the offense SECTION 3 If any section, subsection, paragraph, sentence, clause, phrase, or word ~n th~s ordinance, or appllcat~on thereof to any person or mrcumstances ~s held invalid by any court of competent junsdmtlon, such holding shall not affect the vahd~ty of the remmmng portions of this ordinance, and the City Council of the C~ty of Denton, Texas hereby declares ~t would have enacted such remtumng portions despite any lnvahdlty SECTION 4 Save and except as amended hereby, all the prows~ons, sections, subsec- tions, paragraphs, sentences, clauses, and phrases of the Code of Ordinances shall remmn ~n full force and effect SECTION 5 This ordinance shall become effective fourteen (14) days from the date of ~ts passage, and the City Secretary is hereby directed to cause the caption of th~s ordinance to be pubhshed twine m the Denton Reeord~Chromcle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED thls the c~0'~JQ dayof ~~ ,2001 EULINE BROCK, MAYOR Denton City Code 43 S \Our Documents\Ordmances\Ol\Tax~ OrdmanceDenton 1 doc ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Denton City Code 44