ORD 2002-28 - Amend Ch. 28 Taxicab Ordinance 11-19-2002ORDINANCE NO. 2002-28
AN ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING TITLE 28
"TAXICABS AND OTHER VEHICLES FOR HIRE" OF THE CODE OF ORDINANCES
FOR THE CITY OF HUNTSVILLE, TEXAS, BY AMENDING SECTION 28.01.02
"DEFINITIONS," SECTION 28.02.03 "APPLICATION," SECTION 28.02.04 "PERMIT
FEES; SECTION GRANTING OF OPERATING PERMIT," SECTION 28.02.17
"SCHEDULES— ADULTS; SCHOOL CHILDREN," SECTION 28.02.24 "FARE CARD,"
SECTION 28.03.02 "APPLICATION GENERALLY," SECTION 28.04.02 "VEHICLE
REQUIREMENTS AND INSPECTIONS," AND SECTION 28.05.04 "PASSENGER
LIMITATIONS;" PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, that:
SECTION 1: Title 28 "Taxicabs and Other Vehicles for Hire" of the Code of Ordinances of the
City of Huntsville, Texas, is hereby amended as follows:
Section 28.01.02 Definitions.
For the purposes of this title:
A. Annual permit means permission granted by the city to a person to operate a taxicab service in
the city for a period of time stated in the permit, renewable under the provisions of this title.
B. Application means the written request required for an annual permit and/or city chauffeur's
license.
C. Boarding area means a public street place alongside the curb or curblines of a street which
has been designated by the city as reserved exclusively for the use of taxicabs, or other vehicles
for hire that have been permitted by the railroad commission, for ground transportation services
for providing rides for compensation in accordance with the provisions of this title.
D. Holder means a person who is granted an annual permit under this title.
E. Manifest means the daily record prepared by a driver upon which appears his/her name and
vehicle number; date and hours of operation; time, place, origin, and destination of each trip;
number of passengers and amount of fare and other charges; and all other information as
required by this title.
F. Other vehicles for hire are those vehicles, other than taxicabs, that are permitted through the
railroad commission for the ground transportation of passengers, over routes other than fixed
routes, within the boundaries of the State of Texas.
G. Passenger means an individual, other than a driver, being transported by a taxicab or other
vehicle for hire.
H. Person means an individual, partnership, corporation, company, association, co -op or other
legal entity.
J. Staging area means a public street place alongside the curb or curblines of a street which has
been designated by the city as reserved exclusively for the use of taxicabs, or other vehicles for
hire that have been permitted by the railroad commission, for ground transportation services,
while waiting to occupy an open space in a taxicab stand.
K. Taxicab means every automobile or motor - propelled vehicle, 44
used for the transportation of passengers for hire over the public streets of the
city irrespective of whether or not the operation extends beyond the limits of the city, but does
not include:
1. Vehicles moving on fixed rails;
2. Vehicles used for mass transportation and of the size and design commonly called buses and
moving on fixed routes and schedules;
3. The vehicles which are rented to another and in the possession and control of the person
renting the same, the services of a driver not being furnished therewith;
4. Vehicles not used in the business of transportation, but used occasionally for the transportation
of selected passengers by private and special arrangements;
5. Vehicles used for transportation in limousine or van services, which provide transportation for
hire, not over fixed route, by means of an limousine, extended limousine, or van operated by
chauffeurs, on the basis of telephone contract, written contract, or other prearrangement;
6. Vehicles that are permitted through the Railroad Commission for the ground transportation of
passengers, over routes other than fixed routes, within the boundaries of the state of Texas.
See Texas Administrative Code Title 16; especially 16 TAC section 5.248(b)(2)(A).
L. Taximeter means a device that mechanically or electronically computes, records and/or
indicates a fare based upon the distance travelled, the time a vehicle for hire is engaged and any
other basis for charges that are specified in the rate ordinance pertaining to the holder.
M. Walls area means that area bounded by 11th Street, University Avenue, 13th Street, and
Avenue H.
Section 28.02.03 Application.
To obtain an operating permit, a person shall make application to the chief of police in the
manner prescribed by this section. The applicant must be the person who shall own, control or
operate the proposed taxicab service. An applicant shall file with the chief of police a written,
verified application statement containing the following:
A. Name, address and verified signature of the applicant;
B. The form of business of the applicant; if the business is a partnership, applicant must furnish a
copy of the partnership agreement and the name and address of each of the partners; if the
business is a corporation, applicant must furnish a copy of the corporate articles of incorporation,
a certificate of good standing from the state and the name and address of the officers and
directors of the corporation; and if the business is operating under an assumed name, applicant
shall provide evidence or registration of the assumed name with the county clerk.
C.
D. The number of vehicles and description (including motor identification number, license plate
number, vehicle make and model, both name and year) of the vehicles the applicant proposed to
use in the operation of the taxicab service and the description of the operations of the proposed
taxicab service and the location of the fixed facilities to be used in the operation;
E. Description of the proposed insignia and color scheme for the applicant's taxicab;
G. Documentary evidence of payment of ad valorem taxes on the real and personal property to
be used in connection with the operation of the proposed taxicab service;
H. Such additional information as the applicant desires to include to aid in the determination of
whether the requested operating authority should be granted;
I. Such additional information as the chief of police considers necessary to assist or promote the
implementation or enforcement of this title for the protection of the public safety.
Section 28.02.04 Permit fees; granting of operating permit.
A. The chief of police may grant an operating permit for a twelve-month period. Holders of
operating permits shall pay the city a permit fee of one hundred dollars ($100.00) per year per
taxicab authorized by the permit, except as provided in subsection (C) of this section. The
required permit fee will be paid at the time of application for a permit or renewal of a permit.
B. The city shall refund the amount that a permit fee exceeds two (2) per cent of the annual gross
receipts derived from the operation of the permit holder's taxicab service during the same period
as authorized by the permit if within thirty (30) days after the permit expires the holder submits
to the chief of police an accounting, using established and accepted accounting principals, that
indicates the amount of the excess.
C. If the chief of police finds that applicant has
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0" 0 and has paid the appropriate fee, the rcT'T`e`7o'f police '-`!`0`z*,J,
issue a written permit to the applicant permitting operations of a taxicab service with the number
of taxicabs as determined. Actual permits will expire on December 31st of each year.
The chief of police will establish a time period for submission of renewal applications
sufficiently in advance of the December 31st expiration date, so as to permit timely submission
and e valuation o f i nformation r equired b y t his t itle a nd a ction b y t he chief o f p olice p rior t o
December 31 st of each year. The permit fee for any new application for an operating permit or
for expansion of the number of vehicles under an existing operating permit which is submitted
and approved less than six months prior to December 31 st of each year will be prorated for each
taxicab authorized.
Section 28.02.17 Schedules--Adults; school children.
The rates to be charged for a taxicab service shall be as follows, and no greater rate
shall be charged:
A. One dollar and twenty cents ($1.20) for the first one-sixth mile or fraction thereof;
B. One dollar and twenty cents ($1.20) for each mile thereafter or fraction thereof;
C. A flat charge of one dollar ($1.00) for each additional passenger over one occupying the
taxicab on the same trip or part thereof;
D. Twenty-one ($0.21) cents per minute/twelve dollars and sixty cents ($12.60) per hour for
waiting time, and when the taxicab is engaged by the hour;
E. Notwithstanding anything to the contrary in this section or in section 28.02.18 of this part, any
independent school district may contract with any taxicab permitholder for the transportation of
people to and from school upon any terms as to compensation, route and time of furnishing the
service as be agreed to in such contracts; and in transporting people under such contract it shall
not be necessary for the taxicab to use the taximeter.
1. Taxicab service furnished pursuant to any contract entered into between the permitholder and
a third party, including the city, shall not be subject to this section provided that the contract has
been approved by the chief of police.
F. A taxicab may be so designed that a passenger using a wheelchair can be transported while
occupying the wheelchair and can be taken into and out of the cab without leaving the
wheelchair. The wheelchair shall be securely fastened in place while the cab is in motion. The
design of such cab shall be subject to approval of the chief of police as to its reasonable safety. A
charge of two dollars for each trip, in addition to the regular fare, shall be made for each
passenger transported in a wheelchair.
Section 28.02.24 Fare card.
A. The chief of police will rovide every taxicab with an information card with dimensions of no
less than ,u inches in height and
inches in width, which will clearly and legibly show rates and other pertinent information as
prescribed by the chief of police. The card will be covered with heavy -duty plastic substance and
mounted on the rear of the front seat in such a manner that would prevent removal. The card will
be placed at a height where it can easily be read by passengers in the rear seat.
B. It shall be unlawful to operate a taxicab without the information card being posted within the
vehicle as prescribed.
Section 28.03.02 Application generally.
In order to obtain a chauffeur's license required by this part, any person so desiring, shall make
an application to the chief of police and, at the time of application and at the person's own
expense, shall:
A. Be eighteen (18) years of age or older;
B. Possess the classified state driver's license required for the class of vehicle to be operated by
the applicant as defined in the Texas Transportation Code ch. 521;
C. Be able to read and speak the English language;
D. Provide the chief of police with a street address and phone number; an applicant or holder
shall notify the chief of police in writing of any change thereto within five (5) business days of
the change;
E. Execute an authorization in writing for the provision to the city of any and all information
which an organization or entity may have concerning the applicant and a release to said
organization or entity from all liability which may result from the furnishing of such to the city;
F. Be approved for employment by a holder; an applicant shall provide the chief of police with
the name and business address of said prospective employer and shall, upon transfer of
employment from one holder to another, notify the chief of police of such in writing within five
(5) business days of the transfer;
G. Submit to a medical examination by a licensed physician on forms provided;
H. Provide the chief of police with a certificate executed by a practicing physician in the city
stating that the applicant is not afflicted with any physical or mental disability which would
reasonably prevent him/her from exercising ordinary and reasonable control over a motor vehicle
or which would otherwise endanger the public's health or safety; such certificate shall also state
specifically the condition of the applicant's hearing and eyesight.
I. Have successfully completed, within the previous twelve (12) months, a defensive driver
training course approved by the chief of police.
Section 28.04.02 Vehicle requirements and inspections.
No
taxicab shall be equipped with shades, curtains or any other vision - obstructing devices.
B. Each taxicab shall be inspected before it is placed into service and thereafter at
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:, intervals, in accordance with this section and policies and procedures
jOr
established by the chief of police. Taxicabs shall be inspected at city facilities designated by the
chief of police. The cost of such inspection shall be determined by the city council. The cost will
be borne by the holder of the operating permit and will be nonrefundable and payable in advance
of the inspection. Upon completion of the inspection, if the vehicle meets all the requirements of
this title, a certificate of inspection will be issued and such certificate shall be ��
include the following:
1. Current safety sticker;
2. Windshield: glass; wipers- switch and operation; defroster;
3. Mirrors: rear and side view;
4. Door and window operation;
5. Door glass;
6. Horn -sound and button operation;
7. Steering: freeplay;
8. General interior condition: panels and dashboard;
9. Floor covering;
10. Upholstery;
11. Seat: frames and covers;
12. Seat belts;
13. Fire extinguisher;
14. Brakes: foot; hand; pulls to one side; low pedal/slack grabs; rubber pedal grab;
15. General body and paint condition;
16. Tires: left front; right front; left rear; right rear; spare;
17. Wheels and rims: straight; balanced; bearings;
18. Exhaust system: leaks; worn; loose;
19. Headlights: adjustment; low beam; high beam;
20. Stop light; tail light;
21. Rear red reflectors;
22. License plate light (may be part of tail light or separate) ;
23. Turn signal operation: indicator light; switch; front; rear;
24. Company sign light;
25. Two -way radio or cellular phone;
26. Meter: seal and clock; telltale light operating;
27. Air conditioner;
28. Emission control device;
29. Rate card posted;
30. Taxi I.D. card posted.
A taxicab for hire that fails the inspection required by this section will be re- inspected once after
failure, within fifteen (15) calendar days, without additional charge. Subsequent inspection or re-
inspection will be done at the fee set forth pursuant to this section. The operating permit of any
taxicab to which this section applies shall be considered automatically suspended if the vehicle
fails to pass an inspection for conditions affecting safe operation of the vehicle pending
correction of the particular defect. The operating permit of any vehicle for hire subject to this
section not having equipment required by state or federal law shall be considered automatically
suspended pending a hearing to determine whether the operating permit should be revoked. Such
a hearing will be before the chief of police and shall be for the purpose of affording the
permitholder an opportunity to show cause why the permit should not be revoked. If sufficient
cause is not shown, the chief of police shall revoke the operating permit for that vehicle. The
operating permit of any vehicle for hire subject to this section, in which the emission control
device has been removed, altered or tampered with in violation with state or federal law will be
revoked. Any revocation of an operating permit pursuant to this section may be appealed to the
city manager; provided, that such appeal is submitted within thirty (30) days after notice of the
revocation has been mailed to the last known address of the permitholder. A copy of any such
appeal shall be furnished by the permitholder to the chief of police. The revocation will remain
in effect during the period of any pending appeal.
Notwithstanding any other provision of this code, if the city manager, after considering an appeal
from revocation of an operating permit pursuant to this section, determines that the operating
permit may be reissued if the taxicab involved is brought into compliance with the cost
requirements of this section there shall be a mandatory fee of twenty -five dollars ($25.00) to be
paid to the city by the permitholder before the operating permit may be reissued.
C. If the chief of police determines that a vehicle for hire is not in compliance with this part, the
chief of police may order the vehicle removed from service until it is brought into compliance.
Operating a vehicle as a taxicab for hire after it has been ordered removed from service is
prohibited and shall be cause for suspension or revocation of the operating permit for that
vehicle.
D. The chief of police shall establish in writing, and distribute descriptive criteria for passing or
failing of the required inspection items as enumerated in subsection (B) of this section.
E. The chief of police shall provide training, inspection certificates and reporting materials for a
fee not to exceed the cost of procurement, storage and distribution of such materials and training
by the city to those designated to perform such inspection of taxicabs and other vehicles for hire
pursuant to this section.
Section 28.05.04 Passenger limitations.
It shall be unlawful for any taxicab driver to carry more
. yF, not
counting infants in arms; or to have the taxicab so loaded with persons or property so as to
interfere with the driver's vision or freedom of movement to a point inconsistent with safety of
the operation of the taxicab.
SECTION 2: If any portion of this Ordinance shall, for any reason, be declared invalid by
any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the City Council determines that it would have adopted this Ordinance without the
invalid provision.
SECTION 3: This Ordinance shall take effective immediately from and after the date of
its passage.
PASSED AND APPROVED THIS 19T' DAY OF NOVEMBER, 2002.
TY 0 T LLE, TEXAS
illiam B. Green, Mayor
ATTEST:
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D"Welter, City Secretary
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APPRQY,ED AS TO FORM:
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Paul C. Isham.'City Attorney