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ORD 1991-36 - Taxicabs and Other Vehicles For Hire 12-17-1991ORDINANCE NO. 91- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING CHAPTER 16, TAXICABS; REGULATING TAXICABS AND OTHER VEHICLES FOR HIRE; REQUIRING OPERATING PERMITS FOR TAXICABS; REQUIRING TAXI METERS; PROVIDING SCHEDULES OF CHANGES FOR TAXICAB SERVICE; REQUIRING RECEIPTS, REQUIRING CHAUFFEUR'S LICENSE FOR DRIVERS; PROVIDING FOR REVOCATION OF PERMITS AND LICENSES; REGULATING VEHICLES AND EQUIPMENT; REGULATING THE SOLICITING OF PASSENGERS, ESPECIALLY IN THE AREA IN THE WALLS AREA; REGULATING OTHER VEHICLES FOR HIRE, ESPECIALLY IN THE WALLS AREA; REQUIRING INSURANCE, MANIFESTS AND OTHER RECORD KEEPING; PROHIBITING CERTAIN ACTIVITIES RELATED TO OPERATION OF TAXICABS AND OTHER VEHICLES FOR HIRE; PROVIDING A FINE OF UP TO $1,000 FOR EACH VIOLATION OF THE 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: Chapter 16. Taxicabs, of the Code of Ordinances of the City of Huntsville, Texas, is hereby amended to read as follows: Chapter 16. Taxicabs and Other Vehicles for Hire. Chapter 16 Taxicabs and Other Vehicles for Hire City of Huntsville CONTENTS Article I. In General 16 -01. Statement of Policy 1 16 -02. Definitions 1 Article II. Operating Permit 16-03. Required 3 16 -04. Granted by the chief of police -- Service requirements. 3 16 -05. Application 3 16 -06. Permit fees -- Granting of operating permit. 4 16-07. Expansion of number of vehicles authorized by operating permit 5 16 -08. Suspension or revocation and appeal 5 16-09. Display of permit. 6 16 -10. Use of permit. 7 16-11. Substitution of vehicle operated under permit. 7 16 -12. Revocation of permit -- Removal of all identifying markers 7 16-13. Taximeters required -- Specifications. 8 16 -14. Taximeter -- Inspections -- Approval -- Maintenance. 9 16-15. Taximeter -- Operation 9 16 -16. Taximeter- -When to be in the earning position. 9 16-17. Taximeter -- Breaking seal, adjusting. 9 16 -18. Taximeter -- Encasement of wires. 10 16 -19. Schedules -- Adults -- School children. 10 16 -20. Schedules -- Children 11 16-21. Schedules -- Luggage 11 16 -22. Schedules- -Dogs 11 16-23. Schedules - -Joint trips. 11 16 -24. Attempt to defraud passenger. 12 16 -25. Time calls. 12 16 -26. Fare card. 12 16 -27. Receipt for fares 12 Article III. Chauffeur's License for Drivers 16-28. Required. 13 16 -29. Application generally. 13 16 -30. Chauffeur's license fee. 14 16-31. Application -- Issuance. 14 16-32. Denial of chauffeur's license. 14 16 -33. Revocation. 15 16-34. Display. 15 Article IV. Vehicles and Equipment 16-35. False representation as a taxicab. 15 16 -36. Vehicle requirements and inspections. 16 16-37. Required equipment 19 16 -38. Vehicle color scheme and distinctive markings. 19 16 -39. Required vehicle identification -- Generally. 20 16 -40. Required vehicle identification -- Number assigned by city -- Issuance of certificate. 20 Article V. Service Regulation 16 -41. City -wide taxicab service required. 20 16 -42. Representation of availability of taxicab 21 16 -43. Refusal to convey passengers. 21 16 -44. Passenger limitations. 22 16-45. Carrying passengers by direct route. 22 16 -46. Exclusive use. 22 16 -47. Receiving or discharging passengers in roadway 22 16-48. Soliciting of passengers within the Walls area. 23 16 -49. Hearings. 23 Article VI. Regulations Affecting Taxicabs and Other Vehicles for Hire 16-50. Staging for Walls area. 23 16-51. Staging area -- Regulations for use 24 16 -52. Ground transportation service -- Boarding for Walls area 24 16-53. Boarding areas -- Regulations for use. .... .......... . 24 16-54. Conduct of drivers. 25 16-55. Return of passenger's property . 26 16 -56. Service regulations for business establishments requesting taxicabs for customers. 26 Article VII. Miscellaneous Holder and Driver Regulations 16 -57. Holder's and driver's duty to comply. 26 16 -58. Holder's duty to enforce compliance by drivers. 27 16-59, Driver as independent contractor. 27 16 -60. Insurance. 28 16-61. Driver's manifest sheets. 29 16-62. Holder's records and reports. 29 Chapter 16 TAXICABS AND OTHER VEHICLES FOR HIRE Article I. In General Sec. 16 -01. Statement of Policy This chapter governs the operation of vehicles for hire for ground transportation purposes. The chapter, however, is not a limitation on the power of the city council to incorporate in a grant of operating authority special provisions relating to the operation of the ground transportation service particular to the grant. To the extent that a special provision conflicts with this chapter, the special provision controls. Sec. 16-02. Definitions For the purposes of this chapter: 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 chapter. 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 curb lines 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 chapter. D. Holder means a person who is granted an annual permit under this chapter. 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 chapter. 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. Page 2 H. Person means an individual, partnership, corporation, company, association, co -op or other legal entity. Rated passenger capacity means that designated in number by the manufacturer, or, if none, that designated in number by the chief of police. Staging area means a public street place alongside the curb or curb lines 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, with a rated passenger capacity of seven (7) 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. 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 which are specified in the rate ordinance pertaining to the holder. Page 3 M. Walls area means that area bounded by 1 lth Street, University Avenue, 13th Street, and Avenue H. Article II. Operating Permit Sec. 16-03. Required A. A person commits an offense if the person operates a taxicab service inside the city without an operating permit granted under this chapter. B. A person commits an offense if the person transports a passenger for hire inside the city by taxicab unless the person driving the taxicab or another who employs or contracts with the driver has been granted an operating permit under this chapter. C. No person shall engage or hire a taxicab that the person knows does not have an operating permit from the city. D. No vehicle permitted as a taxicab may be operated as a limousine. Sec. 16-04. Granted by the chief of police -- Service requirements. Before an operating permit is granted, the application for the permit must be approved by the chief of police. The permit shall not be granted unless: A. The applicant is fit, willing and able to operate the taxicab service in accordance with the requirements of this chapter and other applicable law; and B. The applicant has furnished the information required by section 16-05 of this article. Sec. 16 -05. ADnlication To obtain an operating permit, a person shall make application to the chief of police m 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; Page 4 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. Description of any past business experience of the applicant, particularly in providing passenger transportation services; 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; F. Documentary evidence from an insurance company authorized to do business in the state indicating a willingness to provide liability insurance required by this chapter; 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; Such additional information as the chief of police considers necessary to assist or promote the implementation or enforcement of this chapter for the protection of the public safety. Sec. 16-06. Permit fees -- Granting of operating permi A. The chief of police may grant an operating permit for a twelve (12) month period. Holders of operating permits shall pay the city a permit fee of $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) percent of the annual gross receipts derived from the operation of the permitholder's taxicab service Page 5 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 demonstrated his /her fitness to operate the taxicab service and has paid the appropriate fee, the chief of police shall 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 thirty- first of each year. The chief of police will establish a time period for submission of renewal applications sufficiently in advance of the December thirty-fast expiration date, so as to permit timely submission and evaluation of information required by this chapter and action by the chief of police prior to December 31 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 thirty-fast of each year will be prorated for each taxicab authorized. Sec. 16-07. Expansion of number of vehicles authorized by operating permit. A. If a holder desires to operate a greater number of taxicabs than authorized by the operating permit, the holder shall make application to the chief of police on forms provided by the chief of police. B. Upon the payment of the fee (which may be prorated when appropriate), the chief of police shall issue an amended permit to the holder. The amendment of permit will not affect the original expiration date of the permit. Sec. 16 -08. Suspension or revocation and appeal. A. Upon complaint alleging violation of any of the provisions of this chapter filed by any person with the chief of police, or upon his /her own motion, the chief of police, after five (5) days notice of the grounds of such complaint to the owner or operators of the taxicabs service against whom complaint is made, shall hear evidence with reference to such complaint, and after such hearing, the chief of police may revoke or suspend the permit of such holder with good cause shown. This section does not restrict the immediate revocation of a city issued permit as outlined in Sec. 16 -60, C. Page 6 B. Due cause for the suspension or revocation of a permit will include, but not be limited to, the following: 1. The failure of the permitholder to maintain any and all of the general qualifications applicable to the initial issuance of the permit as set forth in Section 16-04 of this article; 2. Obtaining a permit by providing false information; 3. Violation of any part of this chapter. C. The holder shall have the right to appeal the suspension or revocation to the city manager within ten business days of the notice of suspension or revocation. Such appeal will be submitted by a letter addressed to the city secretary stating that an appeal from the decision of the chief of police is desired to the city manager. Upon receiving such notice of appeal, the city manager, as soon as practical thereafter, shall conduct a hearing at which the appealing party will be given an opportunity to present evidence and make argument in his /her behalf. The formal rules of evidence do not apply to an appeal hearing under this section. The city manager shall make its ruling on the basis of a preponderance of the evidence at the hearing. D. The city manager will affirm, modify or reverse the decision of the chief of police. The decision of the city manager is final. E. If no appeal is taken from the ruling of the chief of police in the time and manner as provided in this chapter, the ruling of the chief of police shall be final. F. Any person who continues to operate a taxicab under a permit which has been revoked for any reason while the revocation is in effect shall be considered guilty of a misdemeanor and upon conviction thereof, shall be assessed a penalty accordingly. Every day's violation shall be considered to be a separate offense. Sec. 16 -09. Display of permi A copy of the holder's permit as well as any individual certificate authorizing operation of such vehicle shall be displayed in each of the vehicles operated by virtue of the holder's permit. The permit shall be displayed in a clear, protective cover located on the dashboard so it may be seen by any and all passengers in such vehicle. Further, the chief of police or any peace officer shall be permitted to examine the permit upon request. Failure to have such a document displayed within such a vehicle shall be a violation of this chapter. Replacement of the individual certificate authorizing operation of the vehicle shall require payment of a fee of $10.00. Page 7 Sec. 16 -10. Use of permit. No permit will be used for the operation of a greater number of vehicles than were authorized by the permit. Furthermore, no permit will be used for the operation of the taxi service by anyone except the applicant thereof or any employee or independent contractor of the applicant except as provided in this article. Sec. 16 -11. Substitution of vehicle operated under permit. The holder of a permit may substitute vehicles operated under the permit for those originally identified for use as provided in Section 16 -05 of this article, but only may do so upon completion of the following requirements: A. The holder must provide the information required in Section 16-04 B of this article, on the new vehicle and pay the chief of police a fee of $10.00 to cover administrative costs attendant to the substitution; B. The vehicle must be inspected for compliance with the provisions of Article IV of this chapter, Vehicles and Equipment; C. The permits referred to in Section 16-09 of this article, must be returned to the chief of police, who in turn will issue new permits for the substitute vehicle; D. The new vehicle must be numbered with the same number as assigned to the original vehicle as provided in Section 16 -40 of this chapter; E. The holder must demonstrate that the identifying markings on the original vehicle have been removed. Sec. 16-12. Revocation of permit -- Removal of all identifying markers. Upon the revocation of any permit issued under this chapter, the holder shall immediately remove all lettering identifying the vehicles as taxicabs, including, but not limited to, the vehicle number, the name of the taxicab company under which the taxicab is operating, and any other indication or information indicating that the vehicle is operating as a taxicab. Page 8 Sec. 16-13. Taximeters required -- Specifications. A. Every taxicab operating under a permit granted by the city shall be equipped with a mechanical or electronic device (commonly called a taximeter) of a type which will accurately show: 1. The legal fare for each trip; 2. The minimum fare; 3. When the distance allowed of such minimum fare shall have been travelled; and 4. The total fare as the same increase with each additional fraction of a mile as is determined in Section 16-19 of this article. If any charge is incurred for waiting time, such charge shall be included in the total shown. B. The mechanical taximeter shall be so constructed and equipped as to show by a visible metal flag, and by an electric light located on top of the taxicab, hereinafter called tell -tale light, whether or not the taxicab is in use by a passenger, the position of such flag indicating that the taxicab is so in use being hereinafter referred to as the earning position. The charge shall be indicated by means of legible figures which are electrically lighted each time the taximeter flag is thrown from vacant (that is, nonearning) to earning position. The electronic taximeter shall be so constructed and equipped as to show by means of tell -tale light as described in this section whether or not the taxicab is being used by a passenger. C. The taximeter shall have a tamper -proof switch, located within the meter head itself, and with suitable outlet for connection with the taxicab system of electrical distribution so that when the taxi meter is in the vacant position, neither the electric light on the taximeter on the dial nor the tell -tale lamp will be lighted. When the meter is activated the fare indicator on the taximeter must be lighted and synchronously the tell-tale light will be lighted. D. The taximeter shall be installed per manufacturer's instructions. A copy of these instruction will be provided to the chief of police. E. The taximeter shall be considered to show accurately the distance travelled if the error, either above or below the correct distance, is not more that one hundred feet to the mile. Page 9 Sec. 16-14. Taximeter -- Inspections -- Approval -- Maintenance. A. Before installation the taximeter shall be submitted for approval to the chief of police who will approve the same if it complies with the requirements of this vehicle and manufacturer's installation instructions, but not otherwise. If approval be refused, an appeal may be taken to the city manager, who shall promptly hear and decide the same. B. After installation, the taximeter shall at all reasonable times be subject to inspection by the chief of police in accordance with the standards set forth in this chapter, the taxicab shall be taken out of service until the taximeter is properly adjusted, repaired or replaced. Sec. 16-15. Taximeter -- Operation. A. The taximeter shall be installed, and when necessary, lighted as to be plainly visible to all passengers. The meter shall be placed in the earning position when the taxicab is in use by a passenger or passengers, but shall not be so placed at any other time so as to charge any passenger with waiting time or mileage for which he should not be charged. B. The taximeter shall be considered in use by the passenger from the time he enters the same, or, if the taxicab is responding to a call, from the time the taxicab arrives at the place where the passenger is to be picked up and he is notified of such arrival; and ends when the passenger leaves the taxicab, unless he requests the driver to wait. Sec. 16 -16. Taximeter - -When to be in the earning position. The taximeter shall be operated in the earning position whenever the taxicab is being operated with any person other than the driver in the cab. Sec. 16-17. Taximeter -- Breaking seal, adjusting. A. No person shall, without permission of the chief of police, break any seal placed on an installed taximeter, or make any such changes or adjustments in the mechanism as may affect the accuracy of the operation. B. It shall be unlawful for any taxicab to be operating without a seal on the taximeter installed by the chief of police. Page 10 C. Whenever a taximeter malfunctions, the taxicab will immediately be removed from service until the taximeter has been repaired. Upon completion of repairs, the holder will make the taximeter available for inspection and the installation of new seals by the chief of police before the vehicle will be permitted to return to service. Sec. 16 -18. Taximeter -- Encasement of wires. All wires leading from the taximeter to the tell -tale light on the top of the taxicab and all wires leading from the meter to the positive connection on the taxicab shall be encased in metal cable so as to prevent tampering with such wires. Sec. 16-19. Schedules -- Adults -- School children. The rates to be charged for a taxicab service shall be as follows, and no greater nor lesser 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 (.21C) 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 16 -20 of this article, 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 Page 11 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. Sec. 16 -20. Schedules -- Children. Children under seven (7) years old shall be carried without charge, if accompanied by a passenger who pays the regular fare. Children seven (7) years or older shall pay as if they were adults. Sec. 16-21. Schedules--Luggage. Each full fare shall entitle a passenger to carry two pieces of hand luggage without extra charge. A charge of one dollar ($1.00) on the extra fare meter may be charged for each six pieces, or portion thereof, of hand luggage or shopping bags over two (excluding brief or attache cases), and one dollar for each foot locker or trunk. Sec. 16-22. Schedules- -Dogs. A maximum of one dollar may be charged on the extra fare meter for each pet, except seeing eye or guide dogs for which no charge will be made. Sec. 16 -23. Schedules- -Joint trips. When two or more passengers have a taxicab go to the same destination, the charge shall be one full fare plus a charge of fifty cents on the extra fare meter for each passenger over one. A. When two or more persons occupy a taxicab at the same time, but leave at different destinations, the first passenger shall pay the regular fare, and the meter shall be thrown to the stop position indicating another trip, and the next passenger to leave shall pay the regular fee from the point at which the flag was thrown to his /her destination. The fare shall be similarly determined for any passenger over two. B. When a taxicab is not originally engaged for a joint trip, nothing in this chapter shall authorize the carrying of additional passengers without the consent of the passenger who first engaged the taxicab. Page 12 C. The above rules determine the fare which may legally be demanded of each passenger when more than one passenger occupies a taxicab at the same time, but nothing in this chapter shall prevent the passengers from dividing the cost of the trip in any manner they may voluntarily agree upon. Sec. 16-24. Attempt to defraud passenger. A person who operates a taxicab commits an offense if the person intentionally extends the distance or time for a trip beyond the distance and time necessary for the trip for the purpose of increasing the fare for the trip. Sec. 16-25. Time calls. When a passenger requests a taxicab by the hour the driver shall immediately set the taximeter on the time call position and keep it in such position until the passenger ceases to use the cab. Sec. 16-26. Fare card. A. The chief of police will provide every taxicab with an information card with dimensions of no less than twelve (12) inches in height and twenty 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. Sec. 16-27. 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, whether by mechanically printed receipt or by specially prepared receipt, containing the name of the holder, the taxicab number, any items for which a charge is made, the total amount paid, and the date of payment. Page 13 Article III. Chauffeur's License for Drivers Sec. 16-28. Required. It shall be unlawful for any person to drive or operate a taxicab within the city without first procuring a chauffeur's license from the city. It shall likewise be unlawful for any person holding a permit to conduct a taxicab business in the city to permit any person who does not hold a valid chauffeur's license issued by the city to drive or operate any taxicab owned by him /her or used in connection with his /her taxicab business. Sec. 16-29. Application generally. In order to obtain a chauffeur's license required by this article, any person so desiring, shall make an application to the chief of police and, at the time of application and at his /her 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 article 6687b, section 4A, V . A. T. C. S . 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 Page 14 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. Sec. 16 -30. Chauffeur's license fee. Each applicant for a chauffeur's license under this article shall pay a fee of ten dollars ($10.00) to cover the cost of an investigation of his /her character and fitness for such license. Sec. 16-31. Application -- Issuance. The applicant shall submit any application filed under this article to the chief of police for approval or disapproval. If such application is approved or granted, the chief of police shall issue such chauffeur's license upon the applicant's complying with the provisions of this article. Sec. 16-32. Denial of chauffeur's license. Denial of a city chauffeur's license shall include, but is not limited to, the following: A. The applicant has been convicted of any offense of driving while under the influence of alcohol or drugs within the last five (5) years, or four (4) or more moving violations of the traffic laws of this or any other state within the twelve (12) month period immediately preceding the date of the application; B. The applicant has falsified or materially altered or omitted pertinent information in any governmental record, including an application for a city chauffeur's license; C. The applicant has not met the requirements for obtaining a city chauffeur's license as set forth in this article. Page 15 Sec. 16-33. Revocation. A. A chauffeur's permit may be revoked or canceled, by the chief of police, for any offense other than a class C misdemeanor offense committed while operating a taxicab, or for repeated moving violations (4 violations in any 12 month period). B. The chief of police may, without other cause shown, revoke and cancel any chauffeur's license issued under this article upon the violation, by the holder thereof, of any provision of this chapter. C. The holder of a chauffeur's license shall have the right to appeal the revocation to the city manager within ten business days of the notice of revocation. Such appeal will be submitted by a letter addressed to the city secretary stating that an appeal from the decision of the chief of police is desired to the city manager. Upon receiving such notice of appeal, the city manager, as soon as practical thereafter, shall conduct a hearing at which the appealing party will be given an opportunity to present evidence and make argument in his /her behalf. The formal rules of evidence do not apply to an appeal hearing under this section. The city manager shall make its ruling on the basis of a preponderance of the evidence at the hearing. Sec. 16-34. Display. No person shall drive a taxicab within the city without having his /her chauffeur's license issued under this article displayed in the taxicab within the unobstructed view of the passengers therein. Article IV. Vehicles and Equipment Sec. 16-35. False representation as a taxicab. A. A person may not represent that a vehicle is a taxicab if the vehicle is not in fact authorized by an operating permit granted under this chapter. B. A person may not drive a vehicle in the city that is not a taxicab if the vehicle is marked, painted or equipped in a way that is likely to result in mistaking the vehicle for a taxicab. Page 16 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 either be a station wagon, sedan or mini -van. A mini -van is defined as a vehicle which has a maximum seating capacity of seven passengers in accordance with manufacturer specifications. 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). B. Each taxicab shall be inspected before it is placed into service and thereafter at three -month intervals, in accordance with this section and policies and procedures 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 inspection 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 chapter, a certificate of inspection will be issued and such certificate shall be affixed to the windshield of the inspected vehicle in a plainly visible place. No taxicab for hire requiring inspection under this section shall be operated without having so affixed an inspection certificate showing such taxicab has passed inspection within three (3) months. The inspection required by this section shall 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; Page 17 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; tell -tale light operating; 27. Air conditioner; 28. Emission control device; 29. Rate card posted; Page 18 30. Taxi I.D. card posted. A taxicab for hire that fails the inspection required by this section will be reinspected once after failure, within fifteen calendar days, without additional charge. Subsequent inspection or reinspection 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 inspection requirements of this section there shall be a mandatory fee of $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 article, 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 Page 19 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. Sec. 16 -37. Required equipment. A holder of an operating permit shall provide and maintain in proper operating condition the following equipment: A. Seatbelts for each passenger, the number of which is determined by the designated seating capacity of the taxicab; B. Heater and air conditioner the heater or air conditioner, as applicable, will be turned on whenever requested by a passenger; C. Fire extinguisher with a minimum rating of 2A 1 OBC; D. Equipment to indicate when a taxicab is operating for hire and when it is not for hire; E. Tell -tale light with a clear lens, which shall be lighted and remain lighted whenever a taxicab is carrying passengers for hire; F. Two -way radio on the holder's dispatch frequency or an activated cellular phone for the use of accepting calls for taxi service. Sec. 16 -38. Vehicle color scheme and distinctive markings. A. A holder of an operating permit shall develop a design of a color scheme and distinctive markings for taxicabs operating under its authority and shall submit the design to the chief of police for approval to insure that the design is not likely to cause confusion with the taxicabs operated by a different taxicab service as well as reasonably suited for taxicab use in accordance with generally prevalent practices of the taxicab business. B. After a design is approved by the chief of police, the holder shall submit to the chief of police a color photograph of a completely equipped taxicab using the approved design. C. The holder shall use only the approved design, as depicted in the submitted photograph for taxicabs operating under its permit unless written approval of a change is obtained from the chief of police. Page 20 Sec. 16 -39. Required vehicle identification -- Generally. Every taxicab shall have painted or affixed on the front or rear door, on both sides, the name and telephone number of the taxicab service which operates the taxicab. Such letters and numbers shall be at least two and one -half inches in height and the lines constituting the letters and numbers shall be a least five - sixteenths of an inch broad, and in a color contrasting with the background. Sec. 16-40. Required vehicle identification -- Number assigned by city -- Issuance of certificate. A. No person shall operate a taxicab without the same being identified by a number to be assigned by the chief of police, which number shall be painted or affixed on the lower right hand side of the back of such vehicle, and on the front or rear door, on both sides of the vehicle, in such a position as not to be obscured by bumpers, state license plates or any other objects. Such numbers shall not be less than three inches height and the line constituting such shall not be less than one -half inch broad, and such numbers shall be of a color so contrasting with the background that the same shall be plainly visible to the normal eye in daylight at a distance of one hundred (100) feet. B. The chief of police shall keep a record of such numbers with information identifying the vehicle to which each number is assigned and the holder of the operating permit under which the vehicle operates. C. The chief of police shall issue to each taxicab operating under an operating permit a certificate showing the identifying number of such taxicab as assigned under this section, and the name or business designation and telephone number of the holder of the operating permit under which such taxicab is operating. No person shall operate any taxicab unless such certificate is posted in a place readily visible to the passengers. Article V. Service Regulation Sec. 16-41. City -wide taxicab service required. Except as otherwise provided, a holder of an operating permit shall: Page 21 A. Provide taxicab service on a twenty -four hour of every calendar day basis to the general public to and from any point inside the city to surrounding area that is accessible by public streets. B. Assure that during no part of any calendar day shall less than fifty percent of the taxicabs operating under a holder's permit be on duty and actually engaged in service or immediately available therefor; provided, the requirements of this subsection shall not apply in case of impossibility arising from mechanical breakdowns, illness of employees, or other causes not due to the fault of, and beyond the control of, holder. C. Answer each call received for service as soon as practicable, and if service cannot be rendered within a reasonable time, the holder shall inform the caller of the reason for the delay and the approximate time required to answer the call. D. Provide taxicab service that is operational twenty-four (24) hours each day. Service may be maintained by means of a single dispatch center or through the use of a cellular phone in a taxicab. Dispatcher service means the maintenance of a telephone connection by which a person desiring taxicab service may call the taxicab company, and the employment of a person or persons not less than eighteen years old for the purpose of answering such telephone calls, designating a taxicab driver to answer an accepted call. Sec. 16-42. Representation of availability of taxicab. A driver may not represent that his /her taxicab is engaged when it is in fact vacant or vacant when it is in fact engaged. Sec. 16-43. Refusal to convey passengers. A. While operating a taxicab a driver shall not refuse to convey a person who requests service unless: 1. The person is disorderly; 2. The driver is engaged in 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 in fear of his /her personal safety. Page 22 B. A taxicab driver shall not refuse service requested by radio dispatch or by telephone when the location for pickup is within a reasonable distance from the location of the taxicab. C. If for any reason a taxicab driver is unable to complete a trip, he shall call his /her dispatcher and summon another taxicab to carry the passenger to his /her destination. Sec. 16 -44. Passenger limitations. It shall be unlawful for any taxicab driver to carry more than three persons, including the driver in the front seat of any taxicab or to carry more than four persons in the rear seat, 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. Sec. 16-45. Carrying passengers by direct route. A driver shall carry a passenger to his /her destination by the most direct and expeditious route available unless otherwise directed by the passenger. Sec. 16-46. Exclusive use. A. It shall be unlawful for a driver to permit or allow any person who is not a paying passenger to loiter in his /her taxicab while on duty at a walk -up stand, or to ride in the vehicle with a paying passenger. B. A passenger engaging a taxicab shall have the exclusive right to full use of the passenger portion thereof, and it shall be unlawful for the driver to solicit or carry additional passengers therein without the consent of the passenger of passengers by whom such taxicab is already engaged. Sec. 16-47. Receiving or discharging passengers in roadway. Drivers of taxicabs shall not receive or discharge passengers in the roadway, but shall pull up to the right -hand sidewalk as near as practicable, or in the absence of a sidewalk to the extreme right -hand side of the roadway, and there receive or discharge passengers, except on one -way streets where passengers may be received or discharged at either the right -hand or the left -hand sidewalk, or side of the roadway m the absence of a sidewallc. Page 23 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. 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 if such driver be signaled by an intending passenger, without solicitation, the driver may transport such passenger. Sec. 16-49. Hearings. In any hearings conducted by the chief of police or the city manager under the provisions of this chapter, the burden shall be upon the respondent or appellant as the case may be to show cause why the proposed action should not be taken. Article VI. Regulations Affecting Taxicabs and Other Vehicles for Hire. 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 100 feet. Vehicles for hire will not park, stand or stop in a manner that will block any private driveway. Page 24 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. Taxicabs or other vehicles for hire may not accept passengers as outlined in Section 16-48 of this chapter. 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 1 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 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. 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 taxicabs permitted with the city for the transportation of passengers. 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 staging and boarding areas located within the Walls area. B. Use of the boarding areas shall be for permitted city taxicabs or other vehicles for hire that have been permitted by the railroad commission for ground transportation service from within the city to a destination outside the city limits. C. Use of the boarding areas is on a first - come /first -use basis; Page 25 D. Each boarding area will be designated with a primary zone where passengers may enter into a vehicle. No vehicles in the boarding area may accept passengers unless they are in the primary zone. Once a vehicle has accepted the legal limit of passengers and /or vacated the primary zone, the next vehicle in line moves up to assume the position of the previous vehicle and may then accept passengers. E. No more than two (2) taxicabs or vehicles 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 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. L 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 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. Sec. 16-54. Conduct of drivers. While on duty a driver shall: A. Conduct himself /herself in a reasonable, prudent and courteous manner; B. Maintain a sanitary and well - groomed appearance; C. Not respond to a radio dispatch assigned to another driver; D. Not consume alcoholic beverages, controlled substances, or other substances which could adversely affect his /her ability to drive a motor vehicle. E. Not monitor the radio frequency of a taxicab company other than his /her own nor respond to a call for service dispatched by another company. Page 26 F. Not possess a radio equipped to receive the frequency of a taxicab other than his /her own. G. Not interfere with the chief of police in the performance of his /her duties; and H. Comply with all lawful orders of the chief of police issued in the performance of his /her duties. Sec. 16-55. Return of passenger's property. A. Upon finding property in a taxicab left by a passenger, the driver shall immediately return the property to the owner. However, if the driver is unable to locate the owner or if the driver does not know the identity or whereabouts, of the owner, the driver shall, within a reasonable time, deliver the property to the holder of the operating permit who employs or contracts with the driver. B. Upon return of the property to the owner or delivery of the property to the holder of the permit, the driver shall prepare a written report stating the description of the property, the identity of the owner if known, the date the property was left in the taxicab, the circumstances relating to the loss, and the taxicab number. The holder of the operating permit shall keep the report on file for at least one year and shall hold the property not less than three months. Sec. 16-56. Service regulations for business establishments requesting taxicabs for customers. An employee of a business establishment, other than a taxicab service, who acts as agent in obtaining taxicab service for prospective taxicab passengers shall not solicit nor accept payment from a driver in return for giving preferential treatment in directing passengers to a driver's taxicab. Article VII. Miscellaneous Holder and Driver Regulations Sec. 16-57. Holder's and driver's duty to comply. A. In the operation of a taxicab service a holder shall comply with the terms and conditions of the provisions of this chapter, other applicable provisions of this code and other laws applicable to the operation of a motor vehicle. Page 27 B. While on duty a driver shall comply with the provisions of this chapter and other law applicable to the operation of a motor vehicle in the state. Sec. 16-58. Holder's duty to enforce compliance by drivers. A. A holder shall establish policy and take action to discourage, prevent or correct violations of this 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 with the holder to drive a taxicab if the holder knows or has reasonable cause to suspect that the driver has failed to comply with this chapter or other applicable law. C. A holder shall promptly report in writing to the chief of police any action taken by the holder against a driver of any taxicab for any violation of the provisions of this chapter or other applicable law to the operation of a motor vehicle. Sec. 16 -59. Driver as independent contractor. A. A holder may contract with a driver on an independent contractor basis, but only if the contract: 1. Provides that the holder shall indemnify the city and hold the city harmless for a claim or cause of action arising from the conduct of the driver; 2. Provides that the driver is insured under the holder's fleet insurance policy; 3. Imposes a condition that the driver must comply with this chapter and provides that failure to comply may be considered by the holder as a material breach of the contract. B. The form of the contract between the holder and driver must be approved by the chief of police. The chief of police may disapprove a contract form if he determines that the contract is inconsistent with this article or other applicable law. A holder may not use a contract that has been disapproved by the chief of police. A copy of each contract will be furnished to the chief of police within ten (10) days after it has been entered into. Page 28 Sec. 16-60. Insurance. A. A holder shall maintain in force and effect during each year a policy of public liability insurance covering all of the taxicabs operating under its permit. B. The insurance policy required under this section must: Be written by an insurance company authorized to do business in the state and shall be subject to approval by the city; 2. Provide in substance that the company will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury, sickness or disease, including death resulting therefrom, sustained by any person (collectively referred to as bodily injury) or injury or destruction of property, including loss thereof (collectively referred to as property damage) arising out of the ownership, maintenance or use of the taxicabs; 3. The maximum amount recoverable under such policy shall not be less than one hundred thousand ($100,000) dollars for bodily injury to one person in any one accident, three hundred thousand dollars ($300,000) for bodily injury to two or more persons in any one accident,and fifty thousand dollars ($50,000) for property damage. 4. Contain a provision that it may not be canceled, revoked or annulled by the insurer without giving ten days written notice thereof to the chief of police. The licensee shall not surrender or release such policy without filing in lieu thereof another policy complying with the requirements of this section, or surrendering his /her license. C. Should such policy not be in effect whether by reason of cancellation, expiration or otherwise, the operating permit for that permit holder shall automatically become suspended and the permit shall be automatically revoked. At the time of the revocation hearing before the chief of police, if the permit holder provides proof to the satisfaction of the chief of police that he has secured the required insurance coverage, the chief of police may reinstate the permit. If the chief of police is not so satisfied, the revocation shall remain in effect. If the permit holder appeals the revocation to the city manager, the revocation shall remain in effect until final action on the appeal has been taken by the city manager. Page 29 Sec. 16-61. Driver's manifest sheets. A. Each holder shall provide its drivers with forms, approved by the chief of police, for maintaining a daily manifest sheet. The form must include appropriate spaces for recording: 1. Taxicab number, driver's name, date, hours or operation, meter number, total miles driven, paid miles, number of trips made and extra charges; 2. Time, place and exact address of the origin and destination of each trip; 3. Number of passengers and amount of fare and other charges; and 4. Other information required by the chief of police to aid in the discharge of his /her duties. B. Each driver shall complete a manifest sheet on a separate form provided by the permit holder, for each tour of duty. The driver shall provide the information required by the form and shall record the information with regard to trips at the end of each trip. The manifest sheet will remain in the taxicab at all times while the driver is on duty. The driver shall return the completed trip sheet forms to the holder at the end of the driver's working day. C. The holder of the permit for taxicab service shall keep all return manifest sheets for two years from their date, in such order that the sheets for any date may be readily found. Sec. 16-62. Holder's records and reports. All holders of permits for taxicab service are required to keep and maintain at all times: A. Complete records of all physical properties used and useful in rendering taxicab service in the city, showing date of purchase, purchase price, terms of payment and extent to which such property has been depreciated, by principal items of property; B. Daily records of revenue segregated by drivers and by cars; C. Daily manifest sheets to be made and signed by each driver; D. A complete and accurate record of all expenses incurred in connection with the actual operation of the taxicab business and the maintenance of equipment; Page 30 E. Permanent records of every call received by telephone and every service performed as a result, showing the exact time of such caller's service, the place thereof, the driver who answered the call, and the time of the driver's departure and return. All of the books, records, accounts and manifests described in this section must be maintained in good condition at a single business location of the holder and shall be available at all reasonable times for inspection by the chief of police. Such records shall be preserved for at least two years from the making thereof. 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. 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 January 1, 1992. PASSED AND APPROVED this / r7 day of (41-4.-Vrit4-6/L) , 1991. THE CITY OF HUNTSVILLE by W. H. Hodges. Mayor AI EST: City Secreta APPR • VED AS TO FORM: Sc i tt Bounds, City Attorney