ORD 1992-08 - Amends Ch. 16, Taxicabs & Other Vehicles For Hire 05-08-1992ORDINANCE NO. 92- 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, AMENDING CHAPTER 16, TAXICABS AND
OTHER VEHICLES FOR HIRE, OF ITS CODE BY MOVING THE
BOARDING AREAS FOR TAXICABS AND OTHER VEHICLES FOR HIRE;
BY PERMITTING SIMULTANEOUS LOADING OF MORE THAN ONE
VEHICLE FOR HIRE IN CERTAIN BOARDING ZONES; BY
RESTRICTING THE NUMBER OF VEHICLES ANY COMPANY MAY
HAVE IN THE BOARDING AREA; AND BY RESTRICTING THE
PERMITTING OF VEHICLES WITH A PASSENGER CAPACITY OF MORE
THAN SIX (6); PROVIDING A PENALTY OF UP TO $1,000 FOR
VIOLATION OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, THAT:
SECTION 1: Sections 16- 02(K), 16- 36(A), 16 -48, and 16 -50 through 16 -53 of Chapter 16.
Taxicabs and Other Vehicles for Hire, of the Code of Ordinances of the City
of Huntsville, Texas, are hereby amended to read as follows:
Section 16 -02(K)
K. Taxicab means every automobile or motor - propelled vehicle, with a rated
passenger capacity of five (5) or less, 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 § 5.248(b)(2)(A).
Sec. 16 -36. Vehicle requirements and inspections.
A. All vehicles operated as taxicabs shall be no more than ten (10) model years
old. Further, the vehicle in service shall be kept in clean condition, free of
foreign matter and of offensive odors. There shall be no litter in the vehicle
or trunk or on floor mats and the upholstery and floor mats shall be kept
clean and without holes or large wear spots. The vehicle shall be free from
damaged fenders and bodies, defective paint and other conditions making
taxicabs unsightly. No taxicab shall have less than four doors, and each
taxicab must be a vehicle designed to carry not more than five (5) passengers
in accordance with manufacturer specifications; provided, however, any vehicle
presently permitted to operate as a taxicab may continue to be repermitted
until otherwise retired from service in accordance with these rules. See 16
T.A.C. Section 5.248(b)(2). No taxicab shall be equipped with shades, curtains
or any other vision- obstructing devices. No taxicab shall have an interior of
less than one hundred ten (110) cubic feet and not more than one hundred
sixty (160) cubic feet, as defined in 40 Code of Federal Regulations, Section
600.315- 82(a)(v -ix).
Sec. 16 -48. Soliciting of passengers within the Walls area.
A. A person commits an offense if the person intentionally or knowingly occupies
a public street, sidewalk, or parking lot within the Walls area and the person
solicits another person to ride a taxicab or other vehicle for hire except as
expressly authorized by this chapter.
B. It shall be unlawful for a person within the Walls area to solicit another
person by word sound or gesture while driving a taxicab, or other vehicle for
hire, on any public street, or while the same is parked on a public street, or
while the person so soliciting is on any such street or sidewalk, except as
expressly authorized by this chapter.
C. A driver may not cruise a taxicab, or other vehicle for hire, over any public
street. The term "cruise" means the movement of an unoccupied vehicle for
hire over the public streets by any other than the most direct practicable route
to its destination or returning therefrom; or to drive a taxicab or other vehicle
for hire upon any public street for the purpose or with the expectation of
being hailed by a prospective passenger who has not called for the taxicab; but
2
if such driver be signaled by an intending passenger, without solicitation, the
driver may transport such passenger.
Sec. 16 -50. Staging for Walls area.
A staging area, specific for taxicabs and other vehicles for hire in the Walls area,
shall be designated on the north side of 12th Street at Avenue J extending east from
the intersection of Avenue J approximately thirty (30) feet. Vehicles for hire will not
park, stand or stop in a manner that will block any private driveway.
Sec. 16 -51. Staging area -- Regulations for use.
A. Taxicabs or other vehicles for hire as outlined in this chapter may use the
staging area to await entry into a boarding area.
B. It shall be unlawful for any person, or driver of a taxicab or other vehicle for
hire waiting in the staging area, to solicit or accept a passenger.
C. A driver shall not leave the interior of his/her taxicab or other vehicle for hire
while parked or stopped in the staging area.
Sec. 16 -52. Ground transportation service -- Boarding for Walls area.
City boarding areas shall be established for the Walls area at the following locations:
A. Boarding area I begins on the north side of the 1000 block 12th Street
approximately seventy -six (76) feet from the northwest corner of Avenue J at
12th Street and extends west for approximately fifty (50) feet. Use of this
location is reserved exclusively for taxicabs permitted with the city for the
transportation of passengers.
B. Boarding area II begins on the south side of the 1000 block of 12th Street
approximately fifty -seven (57) feet from the southwest corner of Avenue J at
12th Street and extends west for approximately eight -seven (87) feet. Use of
this location is reserved exclusively for vehicles permitted by the Railroad
Commission for ground transportation services between cities in the State of
Texas. No vehicle accepting passengers from this location may deliver any
fare to a location within the incorporated city limits of Huntsville.
Sec. 16 -53. Boarding areas -- Regulations for use.
A. All taxicabs and other vehicles transporting released Texas Department of
Criminal Justice inmates for hire are required to use the designated boarding
areas located within the Walls area.
B. Use of the boarding areas shall be for taxicabs permitted by the City of
Huntsville or other vehicles for hire that have been permitted by the Texas
railroad commission.
3
C. No driver shall permit more than one vehicle for hire permitted by one
company to use Boarding Area II at a time.
D. If the railroad commission permits more than four (4) companies to provide
vehicle for hire service from the Walls area, then the permitted companies
may use the boarding area on a first come basis; provided, (1) that no
company shall have more than one vehicle in the staging or boarding area at
a time; and (2) the vehicle in the staging area shall have priority access to
boarding area upon departure of a vehicle from the boarding area.
E. No more than two (2) taxicabs or one (1) vehicle for hire, from any one
company may occupy either boarding area, in any combination, at the same
time.
F. All parking of vehicles within the designated staging and boarding areas must
be parallel to the curb or curb lines and in compliance with state law and city
ordinance;
G. Drivers of taxicabs or other vehicles for hire using the boarding areas must be
in compliance with Section 16 -52 of this chapter.
H. A driver shall not leave the interior of his/her taxicab or other vehicle for hire
except to assist a passenger as reasonably necessary after being engaged.
I. A driver shall not perform or allow to be performed repairs or maintenance
on a taxicab, or other vehicle for hire, while parked in the staging or boarding
area.
J. A person shall not park a taxicab, or other vehicle for hire, in a boarding area
unless the vehicle is for hire.
K. The driver of a taxicab or other vehicle for hire must attend the vehicle at all
times when the vehicle is parked in a staging or boarding area.
L. A driver of a vehicle for hire may solicit passengers, but only by posting signs
in or on the vehicle for hire which state only fare and destination information.
SECTION 2: Any person, firm, or corporation violating any provisions of this Ordinance or
failing to comply with any requirement of this Ordinance will be guilty of a
misdemeanor and subject to a fine of up to one thousand dollars ($1,000)
upon conviction. Each day during or upon which said person shall violate or
continue violation of any provision of this Ordinance or non - compliance with
any requirement of this Ordinance shall constitute a distinct and separate
offense. The violation of any provision of this Ordinance or the failure to
comply with any requirement of this Ordinance shall each constitute a distinct
and separate offense.
4
SECTION 3: If any section, subsection, sentence, clause, phrase or portion of the
Ordinance for any reason shall be held invalid or unconstitutional, such
portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect any of the remaining provisions of this
Ordinance.
SECTION 4: All Ordinances and parts of Ordinances in conflict with the provisions of this
Ordinance are hereby repealed; provided, however, that such repeal shall be
only to the extent of such inconsistency and in all other respects this
Ordinance shall be cumulative of other Ordinances regulating and governing
the subject matter covered by this Ordinance.
SECTION 5: The City Secretary is hereby directed to cause the caption of this Ordinance
to be published at least twice within ten (10) days of final passage. This
Ordinance is to take effect 7flL.I Si , 1992.
PASSED AND APPROVED this dday o
ATTEST:
Melb. Byers, City Secret
APPROVED:
Scott Bounds, City Attorney
5
, 1992.
THE CITY OF HUNTSVILLE
b' W. H. Hodges. Mayor