ORD CC 11/13/75 - TaxicabsAN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE,
TEXAS, BY AMENDING AN ORDINANCE HERETOFORE PASSED KNOWN AS THE TAXICAB
ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, BY AMENDING SECTIONS
16 -1, DEFINITIONS; 16 -4, NINETY DAY INSPECTIONS; BY ADDING THERETO NEW
SECTIONS 16.33, REFUSAL TO PAY TAXICAB FARE: HIRING TAXICAB WITH INTENT
TO DEFRAUD; 16.34, RETURN OF ARTICLES LEFT IN TAXICAB; 16.35, AUTHORITY
AND DUTIES OF POLICE OFFICERS GENERALLY WITH REGARD TO HOLDERS AND
DRIVERS; 16.36, FAILURE TO PAY AD VALOREM TAXES; 16.37, FARES TO COMPLY
WITH TAXIMETER READING: FLAT RATES; 16.38, SIZE AND DESIGN OF TAXIMETER;-
16.39, FILING A SCHEDULE OF RATES WITH CITY SECRETARY; 16.40, RECEIPT
FOR FARES; 16.41, DISPLAY OF LICENSE; 16.42, BUSINESS RECORDS SYSTEM
REQUIRED OF ALL HOLDERS; 16.43, ANNUAL REPORTS; 16.44, PERIODIC INSPECT-
IONS: CONDITION OF VEHICLE GENERALLY; 16.45, CONDUCT OF DRIVER; 16.46,
PROCEDURE FOR RECEIVING AND DISCHARGING PASSENGERS; BY DELETING THERE-
FROM SECTIONS 16.5, CRUISING PROHIBITED; 16.6 PARKING ON STREETS; 16.14,
APPLICANT TO BE RESIDENT OF COUNTY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, THAT THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE BE AMENDED
BY AMENDING AN ORDINANCE HERETOFORE PASSED ENTITLED TAXICAB ORDINANCE
OF THE CITY OF HUNTSVILLE, TEXAS, AS FOLLOWS:
SECTION 15.1. DEFINITIONS.
Taximeter
A mechanical instrument or device by which the charge for hire of a
taxicab, at a predetermined rate or rates, is mechanically calculated
and registered for distance traveled, for waiting time, if any, and
extra passengers, if any, and upon which such charge shall be indicated
by means of clearly legible figures.
Waiting Time
The time when a taxicab is not in motion from the time of acceptance
to the time of discharge of a passenger, but does not include any time
the taxicab is not in motion due to any cause other than the request,
act or fault of the passenger. The first three minutes elapsing prior
to the arrival of a passenger at the beginning of a trip shall not be
considered as waiting time, and in no event shall any time be considered
as waiting time for any period prior to the time of arrival designated
by the prospective passenger when requesting a taxicab.
SECTION 16.4. NINETY DAY INSPECTION.
Every holder of a permit to conduct a taxicab business in the city shall
have each and every taxicab used in such business inspected each ninety
(90) days by the City of Huntsville Municipal Garage for a fee of $5.e ,
and shall file with the City Secretary, on or before the expiration of
such ninety (90) day period, a statement in writing signed by the
Director of Public Works showing that said vehicle has been inspected,
the date of such inspection, the license number of such vehicle, the
name of the permittee and the serial number of his permit, and that the
lights, brakes and steering apparatus of such vehicle are in good
mechanical condition.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, THAT THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, BE
AMENDED BY ADDING THE ADDITIONAL SECTIONS TO AN ORDINANCE HERETOFORE
PASSED ENTITLED TAXICAB ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS,
WHICH SAID NEW SECTIONS SHALL BE NUMBERED AND SHALL READ AS FOLLOWS:
SEC. 16.33. REFUSAL TO PAY TAXICAB FARE: HIRING TAXICAB WITH INTENT
TO DEFRAUD.
It shall be unlawful for any person to refuse to pay the legal fare of
any taxicab after having hired the same, and it shall be unlawful for
any person to hire any taxicab with intent to defraud the person from
whom it is hired of the value of such service.
SEC. 16.34. RETURN OF ARTICLES LEFT IN TAXICAB.
It shall be the duty of every taxicab driver to return without delay to
the owner, if any, any luggage, merchandise or other property left in
the taxicab. If the owner is not known, the driver shall deliver to
the holder, immediately upon the driver's return to the terminal, any
property whatsoever left in his taxicab with a complete report as to
when it was left in the taxicab and the circumstances relating thereto.
SEC. 16.35. AUTHORITY AND DUTIES OF POLICE OFFICERS GENERALLY WITH REGARD
TO HOLDERS AND DRIVERS.
Every police officer of the City is hereby given authority and is enjoined
to watch and observe the conduct of holders and drivers operating under
this chapter. Upon discovering a violation of the provisions of this
chapter, every such officer shall take immediate steps to enforce the
law, either by arrest, or by report to proper officials. Specific instruc
tions, in this connection, shall be delivered to every police officer
of the City under the direction of the Chief of Police.
SEC. 16.36. FAILURE TO PAY AD VALOREM TAXES.
The franchise or operating contract will become subject to forfeiture and
cancellation upon the holder thereof becoming delinquent in the payment
of ad valorem taxes upon any vehicle, equipment or other property of
the holder used or operated directly or indirectly in connection with the
taxicab service, and no holder will use or permit to be used any vehicles,
equipment, or other property directly or indirectly in connection with
taxicab service for which the ad valorem taxes due and owing from all
said properties are not paid.
SEC. 16.37. FARES TO COMPLY WITH TAXIMETER READING; FLAT RATES.
It shall be unlawful for any person owning, operating, driving or
in charge of any taxicab to pperate or drive such taxicab unless
such taxicab is equipped with a taximeter and such taximeter is used to
determine the fare to be charged, and no other or different fare shall
be charged than the fare recorded on the reading face of such taximeter
for any trip; and no other rates or methods of measuring the distance
or time charges shall be allowed except by taximeter as herein pro-
vided, except the holder may authorize the driver of a taxicab to make
the flat rate charges for trips between the City and other incorporated
municipalities within the metropolitan area in accordance with the
flat rate fare posted in such taxicab. However, the taximeter shall be
in operation at all times when the taxicab has a passenger on flat rate
fare while such taxicab is within the City.
SEC. 16.38. SIZE AND DESIGN OF TAXIMETER.
Every taxicab having affixed thereto a taximeter shall use a taximeter
of a size and design approved by the supervisor of public utilities,
and such taximeter shall conform to the following specifications:
(1) The taximeter shall be a mechanical instrument or device by
which the charge for hire of a taxicab is mechanically calculated for
distance traveled, for waiting time, if any, and upon which such charge
or charges shall be indicated by means of clearly legible figures which
are electrically lighted each time the taximeter flag is thrown from
nonearning to earning position.
(2) Every taximeter must register upon visual counters the following
items:
(a) Total miles, unless shown by accurate registration on
speedometer, tested and in good working order, on the
taxicab.
(b) Paid miles.
(c) Number of units.
(d) Number of trips.
(3) Each taximeter must be furnished with a tamperproof switch and
system of electrical distribution so that when the taximeter flag is in
the "high" or nonearning position, the crusing light or lights will be
automatically lighted, between sunset and sunrise, and when the taximeter
flag is on "Mileage" or "time" both of which are earning positions, an
amber "telltale" light of the top light will be automatically lighted,
and will be visible from all direction, at all times.
SEC. 16.39. FILING A SCHEDULE OF RATES AND FARES WITH CITY SECRETARY.
From the effective date of this ordinance until changed by the City
Council, the following rates shall be effective:
Seventy -Five Cents ($.75) for the first two - tenths of a mile.
Ten Cents ($.10) for each additional two - tenths of a mile.
This rate is applicable up to and including two passengers who
are picked up and delivered to the same address.
If there are two passengers going to separate addressed, the
taxicab must deliver the passenger going to the closest destination from
the point of pick up, clear the taximeter, and then proceed to the
second destination which is the greatest distance from the point of
pick up.
For each additional passenger more than two, fifty cents (%.50)
may be added to the fare as determined by the taximeter.
Parcels and merchandise shall be charged at the same rate as
passengers.
No holder of a taxicab permit shall charge less than the rates
prescribed by City Council and on file with the City Secretary.
A current schedule of all rates and fares charged by the holder
shall always be on file with the City of Secretary. The holder may from
time to time propose changes in those rates and fares with the City
Secretary for consideration of the City Council and left on file for
a period of thirty (30) days. If, within that period, the same have
been approved or have not been acted upon by the City Council, in whole
or in part, the whole or part so approved, or so not acted upon shall
take effect, as proposed; provided, however, said City Council shall have
the right, by resolution duly passed, to extend the time for action upon
such proposed changes in rates or fares for a reasonable time and, in
such case, the City Council shall give the holder notice of having ordere
such extension prior to the end of said thirty day period. Any holder
of a permit who deviates from the rates as approved by the City Council
shall be subject to having the permit as issued by the City of Huntsville
cancelled and said holder of said cancelled permit shall not be allowed
to secure another permit without approval of said City Council.
SEC. 16.40. RECEIPT FOR FARES.
If demanded by any passenger, the driver in charge of a taxicab shall
deliver to the person paying for the hiring of the same, at the time
of such payment, a receipt therefor in legible type or writing, either by
mechanically printed receipt or by specially prepared receipt, containing
the name of the holder, the taxicab number, the taximeter number, any
items for which a charge is made, the total amount paid, and the date of
payment.
SEC. 16.41. DISPLAY OF LICENSE.
Every driver licensed under this chapter shall conspicuously display
his taxicab driver's license in the manner required by the supervisor
when such driver is operating a taxicab.
SEC. 16.42. BUSINESS RECORDS SYSTEM REQUIRED OF ALL HOLDERS.
Every holder under provisions of this chapter shall establish, keep
and maintain a system of records of such business and its operations.
Every system established and maintained shall meet with the approval
of the Director of Finance.
SEC. 16.43. ANNUAL REPORTS.
Every holder shall submit to the Director of Finance receipts, expenses
and statistics of operation for each year of operation in accordance
with a uniform system prescribed by the supervisor of public utilities,
not later than the twentieth day of the month next following the close
of such year's operation; provided, the supervisor of public utilities
may permit such reports to be made on the basis of fiscal year
operations or, if found more convenient to both the City and the holder,
such reports may be on the basis of a calendar year of operations.
SEC. 16.44. PERIODIC INSPECTIONS: CONDITION OF VEHICLE GENERALLY.
Every taxicab operating under this chapter shall be inspected periodically
by the Health Sanitarian at various intervals. Every vehicle operating
under this chapter shall be kept in a clean and sanitary condition.
If any taxicab is found to be unsafe, unsanitary or unsightly, the
Director of Public works and /or the City Health Inspector may direct
that the vehicle be taken out of service until made safe, sanitary and
presents a neat appearance.
SEC. 16.45. CONDUCT OF DRIVER.
No driver of a taxicab shall solicit patronage in a loud or annoying
tone of voice, or by sign or in any manner annoy any person or obstruct
the movement of any persons, or follow any person for the purpose of
soliciting patronage.
SEC. 16.46. PROCEDURE FOR RECEIVING AND DISCHARGING PASSENGERS.
Drivers shall not receive or discharge passengers in the roadway of any
street, but shall drive to the righthand curb as nearly as possible, or,
in the absence of a curb, to the extreme righthand side of a road, and
there receive or discharge passengers, except upon one -way streets where
passengers may be discharged at either the righthand or lefthand curb
or side of the roadway in the absence of a curb.
BE IT ORDAINED
TEXAS, THAT THE CODE OF
AMENDED BY DELETING THE
PASSED ENTITLED TAXICAB
BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
ORDINANCES OF THE CITY OF HUNTSVILLE, BE
FOLLOWING SECTIONS FROM AN ORDINANCE HERETOFORE
ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS:
SEC. 16.5. CRUISING PROHIBITED.
It shall be unlawful for the driver of any taxicab to drive or cruise
about on the strees of the city seeking passengers who have not
theretofore ordered or called for a taxicab.
SEC. 16.6. PARKING ON STREETS.
It shall be unlawful for the owner or driver of any taxicab to park
or leave standing or permit to be parked or left standing such taxicab
on the streets of the city, except while loading and unloading passengers
into and from such taxicab, and except that a taxicab may be parked in
front of the central station from which its owner's business is operated.
SEC. 16.14. APPLICANT TO BE RESIDENT OF COUNTY.
If the applicant for a permit under this article is an individual, before
any permit is granted, it shall be made to appear that the applicant is
a bona fide resident.of the county. If the applicant is a partnership,
a member of the partnership who will be in active charge and control of
the affairs of the partnership shall be a bona fide resident of the
county, and if the applicant is a corporation, the president or other
executive officer in active charge and control of the management of the
corporation shall be a bona fide resident of the county.
PASSED on theA.0 day of
/3
ATTEST:
bvtate ati/„„)
CITY SECRETARY
APPROVED:
4/ %��YiLI/LG�t. d • C
MARTIN D. COLLEY,
City Attorney
(SEAL)
A 0u
CITY OF HUNTSVILLE, TEXAS
BY 'gI`i ✓, i
, 1973.
ORRIS I. WA LER, MA OR