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Home My WebLink AboutOrdinance - 1535-1954 - Regulating Taxi Cabs Using Publicways Within Corporate Limits - 02/25/1954u ~ c-1-) ~ ¥ ,11, ~ ~ -.;:2.5-l95Y-o~DiNANCE NO. 1535 _ 03-\I-1.9Si-f.' AN ORDINANCE REGULATING TAXICABS USING PUILICWAlS WITHIN THE CORPORATE UMITS OF THE CITY OF LUBEOCK1 DEFINING THE WORDS ncrrY,11 11STREET1 " 11 STREETS,11 11TAXICAB," ttPERS::>N,11 "OWN.ER,11 "TAXICAB OPERATOR," trOPERATOR,11 11DRIVER, 1tCHAUF- FEUR111 11 DIRECTOR,u FOR THE PURPOSE OF THIS ORDINANCE; PRESCRIBING DUTIES OF DIRECTOR OF PUBLIC SAFETY IN ENFORCEMENT OF THIS ORDINANCE; DESIGNATING THE QUALIFICATIONS OF PERSONS ENTITLED TO OPERATE A TAXICAB, REQUIRING A CITY CHAUF- FEUR'S LICENSE; REQUIRING TIE 'FILING OF WRITTEN APPLICATIONS TO OBTAIN A CHAUF- FEUR'S LICENSE; PROVIIliNG F<R AN APPEAL TO THE CITY COMMISSION BY APPLICANT WHEN DENIED A CITY CHAUFFEUR'S LICENSE; MAKING SUCH LIC.I!liSESNON-TRANSFERABLE; PRO- VIDING FEES FOR RENEWAL APPLICATIONS; PROVIDING FOR ISSUANCE OF LICENSE WHEN APPLICANT MEETS QUALIFICATIONS PROVIDED BY ORDINANCE; PROVIDING IDENTIFICATION CARDS FCR TAXICAB DRIVERS, PHOTOORAPHS, EXHIBITION OF SAME IN CABS BY DRIVERS AND CHAUFFEURS; PROVIDING 45 DAYS GRACE PERIOD FOR SECUIUNG CHAUFFEUR'S LICENSE; PROVIDING FOR T»iPORARY CHAUFFEURtS PERMITS; MAKING IT UNLAWFUL TO DRIVE OR OPE- ATE A TAXICAB OR PERMIT THE SAME TO BE DONE WITHOUf FIRST HAVING SECURED THE CHAUFFEUR'S LICENSE PROVIDED FOR; MAKING IT UNLAWFUL FOR ANY SUCH CHAUFFEUR TO KNOWINGLY TRANSPORT CERTAIN CLASSES OF PERSONS WITH INTENT TO AID SUCH PEROONS IN THE COMHISSION OF UNLAWFUL ACTS; PROVIDING FOR THE DUE HANDLING OF ALL LUG- GAGE, ETC., TRANSPORTED; PROVIDING FOR REVOCATION OF CHAUFFEUR'S LIC.ENSE; PRO- VIDING A PENALTY; DIRECTING PUBLICATIOllli OF THE DESCRIPTIVE CAPTION OF THIS ORDI- NANCE, AND PROVIDING EFFECTIVE DATE OF ITS PROVISIONS TEN DAYS AFTER THE SECOND PUBLICATION. WHEREAS, the City of Lubbock has no ordinance establishing qualifica- tions of taxicab drivers engaged in the business of transporting persons for hire within the corporate limits of the City of Lubbock and has no regulatory measures enabling the City to make investigation of persons operating and driv- ing taxicabs in the transportation of persons for hire, and the City Commission finds it to be in the public interest that reasonable regulations be passed so as to authorize investigations to be made concerning the qualifications of taxi- cab drivers, and that such drivers maintain certain reasonable standards as a condition incident to their continued operation ot such public transportation vehicles; THEREFORE, .. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOCK: SECTION 1. DEFINITIONS: (a) The term "city" as used in this ordinance shall mean the City or Lubbock, Texas, located in Lubbock County, Texas. (b) The term 11street11 or "streets" as used in this ordinance shall mean and incluie any street, alley, avenue, boulevard, drive, public way or highway commonlY' used for the purpose of public travel within the incorporated limits of the City of Lubbock, Texas. (c) The term "taxicab" as used in this ordinance shall m.ean every motor propelled vehicle used for the transportation of passengers over the public streets of the City of Lubbock, Texas, and which is not con- fined to a definite fixed route by the City of Lubbock, and for the use of Which, remuneration is received based upon distance traveled, or for waiting time, or both, or at rates per hour, per week, or per month, when such vehicle is directed to destinations by a passenger or passengers, or by such persons or person hiring or using th' 88.118; provided, however, the term "taxicab" stall not apply to motor buses operated within the City of Lubbock under a franchise from the City of Lubbock, over a fixed definite route, nor shall said term apply to mot or buses regularly operated in the City of Lubbock along fixed routes to and from points outside the incorporated limits of the City of Lubbock, Texas, nor shall said term appl;y to motor vehicles regularly engaged in interstate commerce. (d) The term nperson" as used in this ordinance shall include both singu- lar and plural, and shall mean and embrace any individual, finn, corporation, associatton, partnership or society. (e) The term "owner" and the term. "taxicab operator" and the tenn "operator" whenever used in this ordinance shall mean any person firm, corporation, association, partnership or society which has the control, direction, maintenance or the benefit of the collection or revenue derived from the operation of a taxicab or taxicabs on or over the streets of the City of Lubbock, whether as owner or other- wise; provided the term "driver" as hereinafter defined shall not be included within this definition. (f) The term "dr~ver11 or "chauffeur" as used in this ordincnce, shall mean every person who actually drives or manipulates a vehicle used as a taxicab, as herein defined, whether as owner ctif as agent, servant or employee of an "owner, u as herein defined. (g) The term. "Direct<r" as used in this ordmance, shall m.ean the Director of Public Safety. SECTIOO 2. DIRECTOR OF PUBLIC SAFETY. It stall be the duty of the Director of Public Safety to enforce the provi- sions of this ordinance and all other valid ordinances heretofore or hereafter written with respect to regulating 11ny and all public transportation in the City of Lubbock,. Texas, and to furnish the City Commission with information concern- ing taxicab matters whenever that body calls for. such information. SECTION J. CH\UFFEUR 1S LICENSE. (a) No vehicle shall be operated on the streets of the City as a taxicab by anyone except the owner or operator thereof, or by a duly author- ized agent or employee of the owner or operator. (b) Every person who drives any vehicle while engaged in the business of carrying passengers upon the streets of the City of Lubbock must be not less than twenty-one (21) years of age. (c) It s ha 11 be unlawful tor any person to drive any motor vehicle en- gaged in the business of transporting passengers upon or over any street within the corporate limits of the City of Lubbock without first having obtained from the Director of Public Safety of the City of Lubbock a City Ch~uffeur's License, as hereinarfer provided. (d) Before obtaining a City Chauffeur's license the applicant shall make a written, signed application therefor to the Director of Public Safety of the City ot Lubbock accompanied by a fee of Five Dollars ($5.00) payable to the City ot Lubbock, and it shall contain the following in~ormabion: ·(1) (2) (J) (4) (5) (6) (7) (8) The full name, age, pke of birth, and present residential and business addresses of the applicant. . The full name of the person or owner for whom the applicant pro- poees to be employed. . The length of the residence of the applicant in the City of Lubbock and tre State of Texas, am whether-he is a citizen of the United States. A full personal description of the applicant, including age, height , weight, race, color of eyes, complexion and color of hair, body and facial marks and defects, if any, his complete finger prints, and his photograph, both front and side views. (Finger prints and phot~}il to be furnished by Police Depart- ment.) The experience, if any, tha. t applicant has had as a dri v:er of a motor vehicle; whether he is a married or single man; the numb- er of children, if any, in his immediate family; the specific address of his mother and rather, if living. Whether applicant has been charged with or convicted of any felony or misdemeanor, and if so, full infonnation concerning each. Whether applicant has been convicted of any violation or viola- tions of any law in the operation of mater vehicles, a.nd if so full information concerning each. Any false statement made by an applicant in His application for a chauffeur's license shall be adequate grounds for revoking any chauffeur's license issued in reliance there on. The applicant for the City Chauffeur 1 s license shall deliver to the Director of Public Safety, a certificate issued by the City Health Officer of the City of Lubbock, stating that said applicant is not afnicted with active venera.l disease am tl'at applicant is not afflicted with any disease or disability which might impair his ability to drive and operate a taxicab in a safe man- ner upon tte streets of the City of Lubbock. Such health cer- tificate shall indicate specifically the condition of the hearing -3- and eyesight of the applicant. (e) No person smll be issued a City Chauffeur's license unless he first proda: es a valid State Chauffeur's lie ense, issued to him by the State of Texas. (f) The Director shall make or cause to be made an, investigation of the character, experience, qualifications of the applicant as may be deemed consistent and judicious; and he shall determine whether or not the applicant is fit an:l qualified. to drive and operate a taxi- cab within the corporate limits of the City of Lubbock, in a manner consistent with the welfare ot the public or Lubbock. (g) ( i) The applicant's finger prints must be checked and cleared through the Federal Bureau of Investigation at Washington, D. c., and the State Bureau of Identification at Austin, Texas, and the City of Lubbock Bureau of Identification; and if such finger prints are cleared through the bureaus mentioned, and if the Director of Public Safety stall find that the applicant is otherwise a fit person and properly qualified under this ordinance to receive a. City Chauffeur's License, he shall grant such license. It the Director refuses to grant the applicant a City Chauffeur's license, the applicant shall have the right to appeal to the City Commission of the City or Luboock, within ten da~ from the date of such refusal, which appeal shall be perfected by delivering to the City Commission a letter, stating that an appeal from the decision of the Directcr of Public Safety is desired. The City Commission shal~ within a reasonable time after receiving such notice of appea~~hold a hearing thereon, and after the hearing on said appeal, sustain or reverse tt"e decision of the Director. If no appeal is taken from the finding made bv the Director within the ten-day period provided above, the decisioncof the Director shall be final. No City Chauffeur's license shall in any manner be assignable or transferable, and each such license issued shall terminate one year from the date of its issuance. Each application for renewal of such Chauffeur's license shall be accompanied by a fee of Five Doll ars ($5.00), payable to the City of Lubbock. If the applicant has complied with all the requirmtent s of this ordi- nance, a City Chauffem'ts license shall be issued to him. There shall be issued to the applicant, at the time of actual issuance of the City Chauffeur's license, two identification caros, one of which shall be not less than four (4) inches by ten (10) inches in dimension, which card shall contain the full view photograph of the applicant, along with his complete physical description and residence address • . The above mentioned card shall be posed in full view of the passenger compartment of the taxicab which the driver may be operating. In addition to the alx>ve mentioned card required for the taxicab, a wallet or driver's license, card size, shall be issued to the driver for one year, on which shall be placed his photograph, full physical description, residence and finger prints, and said card shall be kept in good condition am carried on the person of the applicant, and it shall be presented far identification purposes on demand of any pass- -1- --- ) u enger or the Director of Public Safety or any police officer of the City of Lubbock. Any person desiring to drive a taxicab as herein defined in the City of Lubbock, shall have forty-five (45) days from and after the passage and approval of this ordinance within which to make applica- tion ar:d secure a Cit7 Chauffeur's license as herein provided, and to comply with the requirements of this ordinance; and no fines or other penalties shall be assessed against such a person during such forty- five day period for violation of any provision herein contained. All chauffeur and driver licenses and permits heretofore issued bythe City of Lubbock are hereby cancelled. Provided, however, drivers employed after the effective date of this ordinance sJ;all file an . application as provided in Section 3 (Three) of this ordinance and receive a temporary forty-five (45)-day permit before driving a taxicab as herein defined. SECTION 4. REGULATIONS: (a) It shall be unlawfUl for any owner or taxicab operator to permit any taxicab licensed in his na.ue to be driven or operated within the corporate limits of the City of Lubbock by any person except the owner of said taxicab or the legally authorized agent or employee of th.e owner or operator; ani it shall be unlawful for any person to drive any vehicle as a taxicab upon the streets of the City of Lubbock in violation or any provision of this ordinance. {b) It shall be unlawful far any driver of a taxicab, lmowingly, to trans- port any person to the abode of a prostitute, pr to lmowingl7 trans- port any person, criminal, narcotic peddler, prostitute, or bootlegger, for the purpose of and with the intent ion of aiding in the commission of a crime•1or in the violation of the law in any manner, or to act in any manner as pimp for prostitut. es, or to act as a contact man for any unlawful establishment of any character, (c) It shall be the duty of every taxicab driver to return immediately to the owner, if known, all luggage, merchandise, or other property lett in his taxicab. If the owner of such property is not lmown, the driver shall immediately turn over to the manager of the taxi terminal from which he operates all property whatsoever left in his taxicab, giving a complete report of when and where it was left in his taxicab. All or said property shall be tagged for identification purposes, and if it is not called tor by the m·Jller with in seven ( 7) days, it shall be turned over to the Director of Public Safety with all available information pertaining thereto. (d) It sl'all be unlawful for the .Dir.ector of Public Safet7 to accept, either directly or :indirectly any gift, discount, or gratuity of an;y character from any owner or operator of a taxicab, or from anyone holding a City Chauffeur's license, or from any person engaged in the rep:~.ir of taxicabs. SECTION 5. REVOCATION OF CHAUFFEUR 1S: (a) Chauffeur's licenses may be revoked by the City Commission after a hearing is first held resulting in a finding that a driver of a taxi-I·· cab has done or has engaged in any of t ~ following acts while acting -5- as driver: (1) (2) (3) (4) (5) Made any false · statenent in his application for a chauffeur' e license. Knowingly engaged in the sale o! intoxicating liquors, directly or indirectly, while serving as driver o! a taxicab. Knowingly engaged in the transportation of any known criminal, narcotic peddler, prostitute, or bootlegger in the furtherance of a crime (or knowingly and intentionally aided in the infraction o! the criminal laws of the State of Texas 91" a criminal ordi- nance of the City of Lubbock. Acted in any manner as a pimp for prostitutes or as a contact-man for bootleggers, or as a contact-man for any unlawful establish- ment of any character. Shall be found guilty by any court of more than two moving traffic violations within a twelve (12)-month period. SECTION 6. REPEALING CLAUSE: The Provisions of this ordinance shall be cumulative of other ordinances regulating taxicabs in the City of Luboock. SECTION 7. PENALTIES: Any person, firm, or corporation who violates any provision of this ordinance shall be guilty of a misdeameanor, and upon convic- tion shall be fin!d in any SUJII. not to exceed Two Hundred Iilollars ($200). Each day that a violation continues shall be and constitute a separate offense. SECTION S. The City Secretary is authorized and directed to publish the descriptive capt!Lon, together with the penaity clause provided in this ordinance as an alternative method of publication as provided by law, such publication to be made for two (2) consecutive weeks, and thiS ordinance shall become effec- tive and the penalties applicable ten (10) daye after the second publication of the caption and penalty clause. AND IT IS SO ORDERED. On motion of Commissioner Carpenter , seconded by Commissioner _...,jDa--vis~--.----·-' this Ordinance was passed on first reading on the 25th day of _ _..F~eM.brua.~ .. ry..J.-__ , 1954, by the following vote: Commissioners voting 1'YEA": Cormnissioners voting 11NAY11 : On motion of Commissioner Morris , Carpenter, Davis , Thomas and Mayor Tripp None CarpEilter , seconded by Cotmdssioner __ _...T.~o~ohw.omallliil.laiL----' this Ordinance was passed on second reading on the 11th day of --=Ma=r~c"-lh~---' 1954 by the following vote: -6- ; Commissioners voting 11YEA:11 ; Commissioners voting 11NAYn: ATTEST: Carpenter, Davis, Thomas and Mayor Tripp None • ·~ ' }. -7- 45~ First 1/3 Mile LUBBOCK, TEXAS Taxicab Rates Sept. 27, 1965. -IDvormation from Hunter Bryant • of Bryant Taxi. \ . lOt for Each Additional 1/3 Mile. $4.00 per Hour -Waiting time .25t for each additional passenger. _________ .... __ .. ---......... _.- ' . ' . ·.t. ,, •' . .,