HomeMy WebLinkAboutOrdinance - 2011-O0113 - Amending Ch 24. Regulating Taxis Limos Shuttles Buses Ect - 11/04/2011First Reading
November 4, 2011
Item No. 6.3
ORDINANCE NO. 2011-00113
Second Reading
November 16, 2011
Item No. 6.5
AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES, CITY
OF LUBBOCK, TEXAS REGULA TING VEHICLES FOR HIRE, TNCLUDING
TAXICABS, LIMOUSINES, AIRPORT SHUTTLES, BUSES, TOURING VEHICLES
AND NON-MOTORIZED VEHICLES; ESTABLISHING AN OPERATOR'S PERMIT;
AMENDING CHAPTER 24 WITH REGARD TO REPEALING OUTDATED AND
UNNECESSARY PROVISIONS; AMENDING PROVISIONS TO ENCOMPASS
CURRENT PRACTICES; PROVIDING DEFIN!TIONS; PROVIDING A PENALTY:
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION.
WHEREAS, the City Council finds it to be in the public interest to amend the
regulations and permitting of vehicles for hire; and
WHEREAS, it is in the public health, safety and welfare to amend said
regulations and to repeal and amend portions of Chapter 24 of the Code of Ordinances as set
forth herein. NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK :
SECTION I. THAT Chapter 24 of the Code of Ordinances, City of
Lubbock, Texas is hereby amended to read as follows:
ARTICLE 24.01 GENERAL PROVISIONS
Sec. 24.01.001 Definitions
As used in this Article, the following words and tenns shall have the meanings ascribed to
them:
Airport Shuttle. Any chauffeured van or mini or mid-size bus for shared-ride passenger use
with a minimum passenger capacity of seven (7) and a maximum passenger capacity of
ti rteen ( 15) per:.ons excluding the driver, which motor vehicle provides prearranged, for-hire
transportation within the city limits exclusively to and from Lubbock Preston Smith
International Airport. An "Airport Shuttle" operator shall provide transportation services
seven (7) days per week, twenty-four (24) hours per day as required to take any passenger
desiring transportation to and from scheduled airline flights at Lubbock Preston Smith
International Airport. The term does not apply to a vehicle used exclusively by an airport
parking business to transport customers to and from the Lubbock Preston Smith International
Airport Terminal Building.
Bus service. The carrying of passengers for hire by motor-driven vehicles on a regular route,
but not including motor carriers subject to regulation by the State ofTe:xas.
Chiefof Police. The Chief of Police or the Chief of Police's designee.
City Manager. The City Manager or the City Manager's designee.
Citv Secrelary. The City Secretary or the City Secretary's designee.
D,mot. The location where the airport shuttle, bus, limousine, taxicab, or touring vehicle fleet
is parked when the motor vehicle is out of service.
Driver or chauffeur. A person who drives a ground transportation service vehicle or any
motor vehicle used as an airport shuttle, bus, limousine, taxicab, or touring vehicle regardless
of who may be the owner, lessor, operator, or renter of the vehicle.
Ground transportation service. The service of providing ground transportation service
vehicles for hire for the transportation of passengers within the city limits.
Ground transportation service vehicle. A chauffeured airport shuttle, bus, limousine, taxicab,
touring vehicle or non-motorized vehicle used to transport passengers for compensation.
Hotel'Motel. Any structure or building that contains rooms furnished for the accommodation
of lodging guests, with or without meals provided, and kept, used, maintained, advertised, or
held out to the public as a place where sleeping accommodations are sought for pay or
compensation to transient guests or pennanent guests.
Hotel/Motel Courtesy Vehicle. A chauffeured, motor vehicle used for the transportation of
hotel/motel patrons and employees.
Limousine. A plain painted, unmarked luxury passenger motor vehicle, such as a limousine,
executive sedan, or town car, driven by a uniformed chauffeur for general passenger use with
a rated seating capacity not exceeding fifteen (15} passengers including the driver, which is
subject to call only for pre-arranged ground transpo11ation service from its own garage or
central place of business and operates and carries passengers for hire only on a prearranged
appointment basis whereby such prearrangement is made not less than one ( 1) hour in
advance of the time transportation is to begin. A limousine shall not have a stoop light or
taximeter, or in any way represent itself as a taxicab or be marked or operated in such a way
as may cause it to be confused with a taxicab.
Non-motorized vehicle. A non-motorized device for hire in, upon, or by which any person is
or may be transported upon a public way.
Operator. A person, corporation, partnership, any other business entity, or a combination
thereof which owns, leases, rents, contracts for, other.vise controls or possesses airport
shuttles, buses, limousines, taxicabs, touring vehicles, non-motorized vehicles or any
combination thereof, for the purpose of the operator and/or otl1ers to drive such vehicles for a
fee as provided under this Article.
Passenger. An individual being transported for a fee in a ground transportation service
vehicle. It is presumed that a person picked up within the city limits by a
ground transportation service vehicle is a passenger.
Pre-arranged ground transportation service. Transportation for a passenger, or a group of
passengers, that is arranged in advance, or is operated on a regular route or between specified
points, and is provided in a motor vehicle with a seating capacity not exceeding fifteen ( I 5)
passengers (including the driver). Fees for pre-arranged ground transportation service are
calculated or charged on a per-hour basis.
Regular route. A route whereon service is operated or solicited for as much as four { 4) hours
in one day, but is not intended to include taxicab service over a fixed route to and from
depots, nor motor vehicles operating to a regular destination more than tive (S) miles from
the city limits making no stops outside of the city limits.
Street or streets. Any street, alley, avenue, boulevard, drive, public way or highway
commonly used for the purpose of public travel within the city limits.
Taxicab . A chauffeured motor vehicle with a rated passenger capacity of eight (8) or less, or
up to fifteen ( l S) if wheelchair equipped and meets American with Disabilities Act (ADA)
requirements. A taxicab operates on irregular routes. irregular schedules, and on a call and
demand basis for which remuneration is received based upon distance traveled, or for waiting
time, or for both, when such motor vehicle is directed to destinations by a passenger or by
such person hiring or using the same.
Taxicab service. Ground transportation service that operates on irregular routes, irregular
schedules, and on a call and demand basis for which remuneration is received based upon
distance traveled, or for waiting time, or for both
Taxicab stand. A place alongside a curb that is designated as reserved exclusively for the use
of taxicabs awaiting passengers at the Lubbock Preston Smith International Airport or
elsewhere within the city limits.
Taximeter. A device used in a taxicab to compute a fare.
Touring and sightseeing service. A prearranged or scheduled service transporting passengers
from a point of origin to multiple points of public interest within the city limits; including an
historic structure or area, a scenic or natural feature, and other cultural sites, and returning to
the point of origin.
Touring vehicle. A motor vehicle used for the transportation of more than four ( 4) passengers;
for hire as a touring and sightseeing service, educational tours or other such similar
excursions, the charge for which is determined by the length of time for which the vehicle is
engaged, the distance traveled, a fixed fee, or any combination of such methods of
determining such charge. The term does not include a motor vehicle rented without a driver,
a taxicab, an airport shuttle, a limousine, a publicly franchised bus, or a bus operated by or on
behalf of the City. A touring vehicle shall not have a stoop light, taximeter, in any way
represent itself as a taxicab, or be marked or operated in such a way as will cause it to be
confused with a taxicab.
Sec. 24.01.002 Operators
It shall be unlawful for any person to operate on the streets within the city limits, an airport
shuttle, bus, limousine, taxicab, touring vehicle, non-motorized vehicle or other ground
transportation service unless the provisions of this Article have first been complied with and
said person has complied with requirements of the State of Texas regarding use of such
vehicle. It shall be unlawful for any Operator to allow a ground transportation service vehicle
to be driven or operated within the city limits by any person, except the Operator's legally
authorized agent or employee.
Sec. 24.01.003 Operating authority
a) A person may not provide or operate a ground transportation service or represent the
person's business to the public as a ground transportation service unless that person
obtains an Operator's Permit to operate the ground transportation service under Article
24.02.
b) This Article does not apply to the operation of:
1) a vehicle owned, operated, or subcontracted by the federal government, the state, or a
political subdivision when providing service exclusively to that governmental entity;
2) a vehicle used exclusively for funeral services;
3) a courtesy vehicle that:
A) routinely provides transportation only between the principal place of business of
a courtesy vehicle provider and a public transportation terminal;
B) is used by an automotive repair business, car dealership, or similar business
operation to transport customers only to or from their work or home and the
business; or
C) is operated by a corporation that qualifies for exemption from taxation under
Section 501 (c)(J) of the Internal Revenue Code;
4) a vehicle that only provides a service that is regulated by the state or federal
government;
5) an ambulance; or
6) a vehicle rented without a driver.
Sec. 24.01.004 Permit fees
Permit fees shall be set forth and established in the adopted annual budget of the City of
Lubbock, Texas.
Sec. 24.01.005 Limitation on operating area
a) It shall be a violation of this Article for any operator of an airport shuttle, bus, non-
motorized vehicle, limousine, taxicab, or touring vehicle not permitted by the City to
offer services for passengers which originate within the city limits.
b) It shall not be a violation of this Article if the ground transportation service originates
outside the city limits and the ground transportation services requires round trip service
into and out of the city limits, or one way into Lubbock, Texas.
Sec. 24.01.006 Transferability of franchises and other privileges
No grant, right or privilege, whether by permit or otherwise, afforded any person under the
terms and provisions of this Article shall be transferable to any other person, without written
application to the City Manager for approval of such transfer.
Sec. 24.01.007 Penalties
a) Any person who shall violate any of the provisions of this Article shall be guilty of a
misdemeanor punishable upon conviction by a fine in a sum not less than twenty-five
dollars ($25) or more than five hundred dollars ($500) and each violation shall be deemed
a separate offense.
b) Any violation by a driver may be imputed to the Operator. who shall likewise be guilty of
a misdemeanor punishable by a fine not less than twenty-five dollars ($25) nor more than
five hundred dollars ($500).
c) In addition to the penalties herein provided, the Operator or driver shall be liable to
suspension or revocation of any pennit hereunder held by the operator or driver.
Sec. 24.01.008 Duties of City Manager
The City Manager shall administer this Article. The City Manager may adopt procedures to
administer and enforce this Article and all aspects of ground transportation service within the
city limits and rules and regulations regarding traffic flow of ground transportation service
vehicles at Lubbock Preston Smith International Airport. The City Manager may conduct
investigations into the operations of ground transportation services operating within the city
limits to determine whether the services comply with this Article and other applicable laws.
Sec. 24.01.009 Driver's appearance and conduct
a) A driver shall present a neat and clean appearance and shall dress in clean clothing
composed of a shirt with collar, ankle-length trousers/slacks/dresses/skirts (as gender
appropriate), socks or stockings, and shoes or boots. Shorts, bathing trunks or bathing
suits, undershirts, "muscle shirts" or tank tops are prohibited unless concealed as
undergannents beneath the attire described in this paragraph. A driver may not wear
sandals or flip-flops or go barefoot while operating a vehicle.
b) Each driver shall at all times treat members of the public and passengers with the utmost
courtesy. No driver shall solicit patronage, annoy any person by any sign, or obstruct the
movement of any person.
Sec. 24.01.010 Drivers not to refuse service
Except as provided herein, no driver shall refuse or neglect to provide service to any orderly
person upon request. A driver may refuse to provide service to a person requesting it if:
a) the driver is answering a previous request for service;
b) the person requesting service is disorderly;
c) the person requesting service is engaged in unlawful conduct;
d) the driver believes that transporting the person requesting service may result in risk to the
safety of the driver or vehicle; or
e) the person requesting service cannot present proof of ability to pay the fare.
Sec. 24.01.01 I Refusal to pay fare
It shall be unlawful for a passenger to refuse or fail to pay the agreed or established fare and
such refusal or failure shall constitute theft of services punishable under state law.
Sec. 24.01.012 Number of passengers
No driver shall permit more passengers to be carried in a motor vehicle than the number of
factory installed seatbelt equipped seating positions. The driver shall know how to properly
install and safely use a child safety seat.
Sec. 24.01.013 Transporting persons for unlawful purposes
It shall be unlawful for any driver to knowingly transport any passenger to the location of a
prostitute or to knowingly transport any criminal, narcotic peddler, prostitute or bootlegger in
the commission of a crime or infraction of the law in any manner, or act in any manner as a
panderer or pimp for prostitutes, or a contact for unlawful establishments of any character.
Violations of this section shall be brought to the attention of the Operator by the Chief of
Police, in writing in whose service the driver is employed, and repeated occurrences, by the
same or other drivers, shall be grounds for revocation and cancellation of the Operator's
permit.
Sec. 24.01.014 Property left in vehicles
It shall be the duty of each driver to return promptly to the owner, if known, all luggage,
merchandise, or other property left in the driver's vehicle. If the owner of such property is not
known or is uncertain, the driver shall promptly tum over to the Operator all property of
value left in the vehicle, giving a complete report of when and where the property was left in
the vehicle. All such property of value shall be tagged by the Operator for identification
purposes. If property is not called for by the owner within seven (7) days, the Operator shall
notify the Police Department and make available all information pertaining thereto. Failure
to follow the above procedure shall render the driver and Operator liable to the owner of such
property for the value of the property.
Sec 24.01.015 Hotel/motel courtesy vehicle restrictions
A hotel/motel courtesy vehicle shall only transport hotel/motel guests between a hotel or
motel and an airport, bus tenninal, railroad station, or other common-carrier station, or the
guest's business destination, or a medical facility and shall not make intermittent stops to
discharge or take on passengers at places other than those designated in this section. No
hotel/motel courtesy vehicle driver shall charge a passenger a fare for any hotel/motel
courtesy vehicle service.
No person shall operate a hotel/motel courtesy vehicle within the city limits unless such
hotel/motel courtesy vehicle meets all of the following requirements:
a) hotel/motel courtesy vehicles shall have windows in the rear and side of the vehicle
sufficient in number and of such size, dimensions and clarity that passengers may be
readily seen and identified through the windows;
b) hotel/motel courtesy vehicles shall be equipped with either hubcaps, spoked covers, or
other equivalent covering on all wheels;
c) hotel/motel courtesy vehicles shall be free from disfiguring damage to the interior and
exterior of the vehicle, including significant rust. All doors, lights, seat belts and safety
equipment shall be maintained in good operating condition. All seat belts shall be visible
and available for use by passengers in both the front and rear seats at all times;
d) hotel/motel courtesy vehicles shall be equipped with doors, which fasten in a manner so
that they may be readily opened from the inside by a passenger; and
e) hotel/motel courtesy vehicles shall have printed lettering on both the left and right side at
least three inches high in a color contrasting to that of the vehicle, setting forth the name
of the hotel/motel operating the vehicle.
Sec. 24.01.016 Inspection of-vehicles
a) Prior to the use and operation of any vehicle for hire under the provisions of this Article,
the vehicle must be inspected by the City, and any motor vehicle must be found to
comply with the Texas Motor Vehicle Safety Inspection criteria of the Texas Department
of Public Safety to assure safe transportation. When the City finds that a vehicle has met
the standards established by th is Article, a perm it to that effect shall be issued.
b) Each vehicle operating under this Article may be periodically inspected by the City at
such intervals as shall be established by the City Manager to ensure safe operating
conditions.
c) No vehicle shall be operated which does not comply with all of the following minimum
standards:
1) each vehicle shall conform to all state minimum safety standards;
2) each vehicle shall be reasonably free of dust, dirt or rubbish, and be otherwise clean
and sanitary;
J) no part of the body of such vehicle shall be missing or unreasonably bent or dented
out of shape;
4) the exterior and interior paint shall not be unreasonably rusted, flaked or scraped;
5) the coverings of floors, seats and back and arm rests shall be repaired of all rips, tears
and places where wear through the covering material has occurred;
6) each vehicle shall be operated by drivers who comply with the requirements of this
Article;
7) each vehicle shall be equipped with two-way communication equipment or the
equivalent thereto in proper operating condition capable of transmitting and receiving
vocal communication between such vehicle and the dispatching office of the
Operator.
d) If the City finds that a vehicle is in a defective condition, is in violation of this Article or
the regulations promulgated hereunder, is unsafe or unfit, or is unsightly because of the
want of repair, paint or other finish, the City shall order the vehicle not be used until the
defect is satisfactorily remedied and until the vehicle has been re-inspected and approved
by the City. The operation of such vehicle from the place at which the order was issued to
the destination required by passengers in the vehicle at the time such order was issued
shall not constitute a separate offense. The City Secretary shall notify the Operator in
writing of such failure, identifying the vehicle by number, the name of the driver, and the
specific complaint.
Sec. 24.01.017 Payment for preferential placement of passengers
a) An employee of a business establishment, other than ground transportation service, who
acts as an agent in obtaining service for prospective passengers shall not solicit or accept
payment from a driver in return for giving preferential treatment in directing passengers
to the driver's vehicle.
b) A driver commits an offense under this Article if the driver pays any employee of another
business to solicit passengers or to give preferential treatment in directing passengers to
the driver's vehicle.
c) This Section does not prohibit the Operator from entering into a contractual agreement or
other prior arrangement with the management of the other business for the directing of
passengers to the service's vehicles.
Sec. 24.01.018 Cruising
No driver shall cruise in search of passengers in such areas and at such times as would
congest traffic or be dangerous to pedestrians and other vehicles.
Sec. 24.01.019 Ground transportation to or from airport
a) An Operator providing ground transportation service to or from Lubbock Preston Smith
International Airport is required to hold a valid permit for a taxicab, airport shuttle
service, limousine service or a franchise for bus service as required under this Article. A
motor carrier subject to regulation by the State of Texas is required to have a valid
registration from the State of Texas prior to providing service to or from the airport. Such
permit holders shall register with the Director of Lubbock Preston Smith International
Airport, and shall comply with all Lubbock Preston Smith International Airport rules and
regulations. In consideration of the privilege of providing ground transportation services
upon the premises of the Lubbock Preston Smith International Airport, permit holders
shall pay to the City of Lubbock a user fee in the amount of $100.00 per month. The user
fee is payable to the airport monthly within twenty (20) days of the end of the month in
which such fee accrues.
b) In the event that any taxicab permit holder, limousine permit holder, franchised bus
permit holder, or common carrier fails to comply with this Section, such permit,
franchise, or certificate holder shall be issued notice of noncompliance. Should the
violation persist ten ( 10) days after issuance of said notice, such permit, franchise or
certificate holder shall be prohibited from providing ground transportation services at
Lubbock Preston Smith International Airport.
c) Hotels, motels or other businesses that transport guests or employees to or from Lubbock
Preston Smith International Airport shall comply with this Article; l1owever, such hotels,
motels and other businesses shall not be required to hold any pennit under this Article
providing such transportation service does not receive remuneration from any entity or
source for the provisions of such service.
ARTICLE 24.02 OPERA TOR'S PERMIT
Sec. 24.02.001 Application
Applications for an Operator's pem1it shall be filed with the City Secretary. Such applications
shall be submitted upon a form or forms furnished by the City Secretary. The applicant shall
furnish the following information and documents with the application. Said application shall
include a sworn affidavit taken by a notary to the effect that the information contained therein
is true and correct in every respect:
a) the true name and owner of the ground transportation service and the names of officers,
directors, and general managers;
b) a statement that the applicant has obtained or will obtain liability insurance in accordance
with the requirements provided in this Article before commencing service. No pennit
shall be issued until a current certificate of insurance indicating that the applicant has
obtained proper insurance has been provided to the City Secretary;
c) a statement that the applicant, applicants or general manager have not been convicted of
any felony or of a misdemeanor involving moral turpitude within the last ten (10) years;
d) a description of each motor vehicle that the applicant intends to use in the ground
transportation service, including the make, model, year of manufacture, length of time the
motor vehicle has been in use, the color scheme, insignia, name, monogram or other
distinguishing characteristics to be used to designate the applicant's vehicles, including
the current state license number and motor vehicle identification number with
photographs of the vehicle showing its full length on the driver's side and on the
passenger's side. No permit shall be issued until this information has been submitted to
the City Secretary;
e) a current financial statement of the applicant shall be attached to the application; and
t) a complete schedule of rates, charges and fees to be charged in the event a permit is
issued.
Sec. 24.02.002 F~s; issuance; appeal; notice
a) Applications for a permit under this Article shall be accompanied by the permit fee in
effect at time of application per vehicle. In the event no permit is issued, the permit fee
shall not be refunded to the applicant.
b) Upon receipt of an application for a permit under this Article, the City Secretary shall
notify all current pennit holders within ten (I 0) days of receipt of the application and
invite written comments from such pennit holders. Current permit holders shall have ten
(10) days in which to provide to the City Secretary written comments if desired. If the
applicant has complied with all the requirements of this Article and if the City Secretary
determines that the applicant appears to meet the requirements of this Article, the City
Secretary shall forward the application and all written comments from current pennit
holders to the City Manager. Copies of the comments shall also be supplied to the
applicant so that the applicant may respond if the applicant desires to do so. Upon receipt
of such applications and comments, the City Manager shall detennine whether the
applicant is qualified for a permit in consideration of the best interest of public
convenience and necessity as well as the best interest of the safety, comfort and health of
the general public, and such other matters as may be required by this Article. The City
Manager shall grant or deny the pennit within twenty (20) days after the end of the
written comment period.
c) If the applicant is denied a permit, the applicant shall have the right to appeal to the
Permit and License Appeal Board within ten (10) days from the date of such refusal,
which shall be perfected by delivering to the City Secretary a letter stating that an appeal
from the City Manager's decision is requested. The Permit and License Appeal Board
shall within thirty (JO) days after receiving such notice of appeal, hold a public hearing
thereon, and after the hearing sustain or reverse the decision of the City Manager. If no
appeal is taken from the denial made by the City Manager within the ten (10) day period
provided, the decision of the City Manager is final.
d) When a permit under this Article has been denied and denial upheld by the Permit and
License Appeal Board, the applicant may request that the City Council order a public
hearing to be held concerning the application and the proposed operation within thirty
(30) days of denial of the Pennit and License Appeal Board. The City Council may
sustain or reverse the decision of the Permit and License Appeal Board. In the event a
public hearing is ordered by the City Council, the applicant shall be required to deposit
two thousand five hundred dollars ($2,500) with the City Secretary for payment of the
costs of publication of notice of the public hearing. The City Secretary shall refund to the
applicant any part of the deposit which is in excess of the cost of publication and, in the
event such deposit is not sufficient, the applicant shall immediately upon the request of
the City Secretary pay the remaining sum of money necessary to pay such publication
costs prior to the day of such hearing. Nonpayment shall result in removal of the public
hearing from the City Council's agenda.
e) Notice of the public hearing shall be given in writing to the applicant and to all persons
holding permits for ground transportation service within the city limits. Notice shall be
given to the public by publication in a newspaper of general circulation in Lubbock.
Texas. Such notice shall include the name of the applicant, the nature of the application,
the equipment proposed to be used and such other information as is deemed necessary to
properly inform the public of the public hearing, including the date, location, and hour of
the hearing. The publication of the notice shall be not less than fifteen ( 15) days prior to
the date of the public hearing.
f) If an initial application for a permit has been made and denied by the City, the same
applicant shall wait six (6) months before a new application may be submitted. For
purposes of this Section, the same applicant means the same legal entity, the same
person, or any legal entity which shares at least fifty (50) percent common ownership
with the previous applicant.
Sec. 24.02.003 Performance bond
a) Before the grant of any permit to operate a ground transportation service shall become
effective, the Operator shall furnish to the City a good and sufficient performance bond,
written by an insurance company organized and existing under the laws of the State of
Texas and having a valid pennit to do business in the State of Texas and having an agent
or attorney for service in Lubbock, Texas, upon whom service of process may be had,
and such bond shall be in such form as may be approved by the City Attorney. The right
to operate under a permit shall be conditioned upon the existence and maintenance in full
force and effect of a perfonnance bond as described in this Section.
b) The perfonnance bond required by this Section shall be conditioned as follows:
I) the Operator shall pay to the City all amounts due under the terms of this Article;
2) the Operator shall pay all fines, assessments and judgments levied against the permit
holder by any court, by the City tax assessor and collector or by direction of the City
Council and by such other officials authorized to levy such fines, taxes, charges,
assessments or judgments; and
3) the Operator shall perform every duty of an operator as exists within this Article and
as this Article may be supplemented or by regulations duly approved by the City
Council.
c) Every performance bond required by this Section shall be in an amount fixed by the
following schedule:
1) If the Operator is authorized to operate up to nine (9) airport shuttles, limousines, or
touring vehicles or any combination thereof, the bond shall be in the sum of five
thousand dollars ($5,000).
2) If the Operator is authorized to operate up to fifteen (15) airport shuttles, limousines,
taxicabs, or touring vehicles or any combination thereof, the bond shall be in the sum
often thousand dollars ($10,000).
3) If the Operator is authorized to operate up to twenty-five (25) airport shuttles,
limousines, taxicabs, or touring vehicles or any combination thereof, the bond shall
be in the sum of fifteen thousand dollars ($15 ,000).
4) If the Operator is authorized to operate more than twenty-five (25) airport shuttles,
limousines, taxicabs, or touring vehicles or any combination thereof, the bond shall
be in the sum of twenty-five thousand dollars ($25,000).
d) Approval of additional vehicles not exceeding the number allowed in the applicant's
approved performance bond category may be granted by the City Manager.
e) No permit for additional vehicles or services will be granted by the City if the total
number of permitted vehicles will move the permit holder from one performance bond
category to a higher performance bond category until a determination as to whether
public convenience and necessity will be served has been made by the City Manager.
Sec. 24.02,004 Public liability and property damage insurance-Required
Before any permit to operate a ground transportation service shall become effective, the
Operator shall procure and furnish to the City Secretary, and thereafter keep in full force and
effect, a policy of public liability and property damage insurance issued in the amounts and
under the provisions of this Article, which insurance shall be evidenced by furnishing a
certificate of insurance to the City Secretary. Such policy shall insure all of the vehicles
owned, leased, contracted for or controlled by the Operator and used in the ground
transportation service for which a permit has been authorized. Such policy shall inure to the
benefit of any person who shall be injured or who shall sustain damage to property,
proximately caused by the negligence of an Operator or the Operator's servants or agents.
The insurer shall be obligated to pay all final judgments which may be rendered on behalf of
the public for loss or damage resulting to persons or property from the negligent operation of
any such ground transportation service.
Sec. 24.02.005 Public liability and property damage insurance -Issuance
Every policy of insurance under this Article shall be issued by an insurance company
organized and existing under the laws of the State of Texas, or having a valid permit to do
business in Lubbock, Texas, and having an agent or attorney for service in Lubbock, Texas.
Sec. 24.02.006 Public liability and property damage insurance-Amounts
The minimum amounts of public liability and property damage insurance required shall be
the following sums:
a) For damage arising out of bodily injury to or death of one person in any one accident:
$50,000.
b) For damages arising out of bodily injury to or death of two (2) or more persons in any
one accident: $100,000.
c) For injury to or destruction of property in any one accident: $50,000.
Sec. 24.02.007 Termination or impairment or bond or insurance
a) Every performance bond required by this Article shall provide, and every insurance
policy required under this Article shall contain, an endorsement that termination of the
obligations of such bond and cancellation of such insurance policy shall not become
effective before fifteen (15) days after notice, in writing, to the City Secretary of such
termination or cancellation. Every bond and every policy of insurance shall run
concurrently with the life of the permit held by the Operator so bonded and insured. All
policies of insurance shall contain a provision for continuing liability thereon up to the
full amount thereof, notwithstanding any recovery thereon.
b) Upon discovery or determination that either the performance bond required under this
Article or the public liability and property damage insurance required of such Operator
has become impaired and requires a new and additional bond or new and additional
insurance, as the case may be, then the City Manager shall require such additional bonds
and insurance as appears to the City Manager necessary and sufficient to ensure a
faithful performance by the Operator, Operator's agents, servants and employees, as well
as payment by such Operator, Operator's agents, servants and employees, to persons
injured by reason of the neglect of such Operator, Operator's agents, servants and
employees, or by reason of the neglect of such franchise holder, franchise holder's
agents, servants and employees, of any of the prov1s1ons of this code or any other
ordinances of the City or any of the laws of the state or of the United States.
Sec. 24.02.008 Matters considered for issuance of permit
a) In detennining whether public convenience and necessity require the granting of a permit
for the proposed ground transportation service, the following matters shall be considered:
1) adequacy of existing transportation meets the public need;
2) financial history and condition of the applicant;
3) number, kind, age, and type of equipment and the color scheme proposed to be used
by the applicant;
4) number of ground transportation service vehicles currently in operation within the
city limits, the records of perfonnance of existing permit holders, and the probable
financial effect of granting the permit on existing permit holders;
5) probable effect of increased service on local traffic conditions;
6) the character, including criminal history, experience and responsibility of the
applicant and its general manager and the adequacy of the service which the applicant
proposes to provide;
7) applicant's fitness, ability, and willingness to perfonn the service on a regular and
continuous basis; and
8) location of the general office and garage dispatch operation.
b) Written comments from existing permit holders and any responses thereto may be
considered with regard to any of the above-stated matters.
Sec. 24.02.009 Permit contents
a) After a favorable determination of public convenience and necessity has been made by
the City Manager, every Operator's permit issued by the City Secretary for the operation
of a ground transportation service in the City shall contain the following provisions:
I) the pennit is granted for one year from its effective date, with renewal annually
thereafter, unless upon review by the City Manager it is found that the pennit is
subject to forfeiture or cancellation for good cause;
2) the Operator shall pay to the City the annual pennit fee currently in effect for each
ground transportation service vehicle authorized under the Operator's permit;
J) the Operator is required to comply with all applicable terms and provisions of this
Article and all amendments hereafter made during the terms of the permit;
4) the pennit is subject to forfeiture and cancellation upon conviction for any violation
of this Article and upon proper showing that the Operator has substantially breached
the terms of the Operator's pennit;
5) the Operator will keep and maintain:
A) complete records of all physical property;
B) daily records ofrevenues segregated by driver and vehicle;
C) daily manifests of each driver;
D) record of expenses incurred in connection with the operation of the business
and the maintenance of equipment; and
E) record of all revenues derived from such business.
6) the Operator will own, lease, contract for or otherwise legally control every ground
transportation service vehicle used in the ground transportation service for which the
Operator's permit is authorized;
7) nothing in the Operator's permit shall be construed as granting to the permit holder a
franchise to use City streets.
b) The provisions required above to be written into each permit are not limitations, and there
may be incorporated in any permit such additional provisions as in the discretion of the
City Manager, City Secretary or Chief of Police properly belong in such permit for the
operation of a ground transportation service business.
c) Upon the issuance of the permit, the City Secretary shall provide to the Operator a decal
for each permitted ground transportation service vehicle. The Operator shall display the
decal on the windshield of each permitted vehicle by placing the decal above the
vehicles' state-issued registration stricker, except for the Operator of a non-motorized
vehicle who shall display the decal by placing it in a conspicuous place on the rear, left
side, of the non-motorized vehicle.
Sec. 24.02.010 Driver as independent contractor
An Operator may contract with a driver on an independent-contractor basis, but only if the
contract:
a) provides that the Operator shall indemnify the City and hold the City harmless for a claim
or cause of action against the City arising from conduct of the driver;
b) requires that the driver is insured under the Operator's fleet insurance policy; and
c) imposes a condition that the driver must comply with this Article and provides that
failure to comply may be considered by the Operator as a material breach of the contract.
Sec. 24.02.011 Records and reports
a) Each Operator shall establish, keep and maintain a uniform system of records of its
business and its operations. Each Operator shall file an annual report with the City
Secretary not later than the twentieth day of the month following the expiration period of
Operator's annual permit. The report shall contain the following information:
1) income of the Operator obtained from the permitted business during the permit year;
2) business expenses of the Operator incurred in the permitted business during the
permit year; and
3) capital equipment purchased by the Operator and used m connection with the
permitted business during the permit year.
b) The report heretofore required shall be reviewed by the City Manager and the City
Manager may request any other additional information concerning the operation of the
permitted business as may be necessary for the City Manager to determine the quality and
sufficiency of the services rendered by the permit holder.
Sec. 24.02.012 Additional vehicles or services
Additional vehicles may be placed in service by the Operator upon application to the City
Secretary with the approval of the City Manager upon compliance with the provisions of this
Article with regard to equipment, inspection, and insurance.
Sec. 24.02.013 Replacement of permitted vehicles in service
A permitted vehicle may be removed from service and replaced with another vehicle meeting
the requirements of this Article. Replacement of a pennitted vehicle shall not require the
payment of an additional permit fee for the replacement vehicle.
Sec. 24.02.014 Payment of taxes
Permits shall become subject to cancellation or forfeiture upon the holder thereof becoming
delinquent in the payment of any ad valorem taxes, unless such payment is actively in
dispute, upon any vehicle, equipment, or property of the Operator used or operated directly or
indirectly in connection with the permitted business.
Sec. 24.02.015 Complaints and protests
Each Operator, or any other citizen of Lubbock, Texas, may file with the City Secretary
written complaints and protests as such person may deem appropriate, touching upon
questions of public convenience and necessity affected by an applicant's proposed operation.
ARTICLE 24.03 CHAUFFEUR'S PERMIT
Sec. 24.03.001 Requirements
a) It shall be unlawful for any person to drive any airport shuttle, bus, non-motorized
vehicle, limousine, taxicab, or touring vehicle, engaged in the business of transporting
passengers upon or over any street within the city limits, for profit or otherwise, without
first having obtained from the Chief of Police a valid Chauffeur's Penn it.
b) Drivers shall hold a valid Texas Driver License and the Operator shall be required to file
a notarized statement for each driver employed that the driver is experienced and
competent to handle their vehicle in city traffic.
c) Drivers must be at least twenty-one (21) years of age and shall be able to read, write and
speak the English language.
Sec. 24.03.002 Application; permit fee
Before obtaining a Chauffeur's Permit, the applicant shall submit a written, signed
application to the Chief of Police accompanied by the permit fee in effect at time of
application, payable to the City of Lubbock. Such application shall contain the following
information:
a) full name, age, place of birth and present residential and business addresses of the
applicant;
b) length of the residence of the applicant in Lubbock and in Texas, and whether the
applicant is a citizen of the United States;
c) full name of the Operator for whom the applicant proposes to be employed;
d) 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, the
applicant's complete fingerprints and the applicant's photograph, both front and side
views. Fingerprints and photograph shall be furnished by the Police Department;
e) experience, if any, that the applicant has had as a driver of a ground transportation service
vehicle; whether married or single; the specific address of the applicant's mother and
father, if living;
f) whether applicant has been charged with or convicted of any felony or misdemeanor,
and, if so, full information concerning each; and
g) whether applicant has been convicted of any violation of any law in the operation of
motor vehicles, and, if so, full information concerning each.
Sec. 24.03.003 State license, criminal history records information, investigation
No person shall be issued a Chauffeur's Permit until after the applicant produces a valid
Texas Class C Driver License issued to the applicant by the State of Texas and after the
Police Department obtains a criminal history records infonnation check from the Texas
Department of Public Safety and a fingerprint check of each applicant. The Chief of Police
shall investigate or cause to be investigated the character, experience and qualifications of the
applicant desiring a Chauffeur's Permit as may be deemed in the best interests of the safety,
comfort and health of the general public in the use of the streets by such applicant. The Chief
of Police shall determine whether or not the applicant is qualified for such a Chauffeur's
Permit in a manner consistent with such interests.
Sec. 24.03.004 Issuance
lf the applicant has complied with all of the requirements of this Article and if the Chief of
Police determines that the applicant qualifies under this Article to receive a Chauffeur's
Permit, the Chief of Police shall grant such permit.
Sec. 24.03.005 Temporary permit
The Chief of Police is authorized to issue to an applicant a temporary Chauffeur's Permit for
a period not exceeding five (5) business days, pending the investigation of the applicant as
required by this Article, providing other requirements of this Article have been satisfied.
Sec. 24.03.006 Identification cards
There shall be issued to the applicant, at the time of issuance of the Chauffeur's Permit, an
identification card, which shall be not less than four (4) inches by ten (I 0) inches in
dimension, which card shall contain the ful I view photograph of the applicant, along with the
applicant's complete physical description and residence address. The identification card shall
be posted in full view of the passenger compartment of the vehicle the driver is operating.
Sec. 24.03.007 Transfer; termination; renewal
No Chauffeur's Permit shall in any manner be assignable or transferable, and each such
permit issued shall terminate one year from the date of its issuance; provided, however, that
such permit may be renewed from year to year and each application for renewal of such
Chauffeur's Permit shall be accompanied by the Chauffeur Permit fee in effect at the time of
such renewal and payable to the City of Lubbock.
Sec. 24.03.08 Suspension, revocation or denial of renewal
In addition to any other penalty provided by this Article or ordinance, the Chief of Police may
suspend for a definite period of time of not more than one ( l) year, revoke or deny the
renewal of a Chauffeur's Permit issued pursuant to the provisions of this Article under one
( l) or mori.) of the following conditions:
a) Applicant made any false statement of substance in the application for a permit.
b) Applicant knowingly aided, abetted or otherwise engaged in the sale or attempted sale of
intoxicating liquors or controlled substances while performing the duties of a driver or
while utilizing the applicant's permit, either on or off duty.
c) Applicant has been convicted of, or knowingly aided or abetted any persons in the
commission of, any felony or any offense involving moral turpitude, or any offense
involving the violation of the Texas Penal Code, Texas Controlled Substances Act, Texas
Alcoholic Beverage Code, or any ordinances governing prostitution or adult
entertainment enterprises.
d) Applicant acted in any manner to aid, abet or otherwise solicit for prostitutes or any other
illegal activity or establishment of any nature.
e) Applicant was found guilty or nolo contendere by any court of more than two (2) moving
traffic violations within a twelve-month period.
f) The applicant was otherwise disqualified for a permit pursuant to Chapter 53 of the Texas
Occupations Code, as amended either in the matter of suspension, revocation, or denial of
a permit or denial of a renewal of permit.
g) Applicant violated any of the terms, conditions, or provisions contained in this Article.
Sec. 24.03.09 Driving after notice of suspension or revocation
Jt shall be unlawful for any Operator under this Article to operate a ground transportation
service vehicle after notice of suspension or revocation of their permit.
Sec. 24.03.010 Notice ofreview procedure
Jn the event an applicant is refused a permit because of the applicant's prior conviction of a
crime and the relationship of the crime to the permit, pursuant to Chapter 53 of the Texas
Occupations Code, as amended, the Police Department shall immediately notify Operator by
e-mail or fax, or other electronic means as available, and by certified mail, return receipt
requested and to the applicant by certified mail, return receipt requested, of the following
procedure:
a) A person whose license has been suspended or revoked or who has been denied a license
or the opportunity to be examined for a license by a licensing authority, who has
exhausted administrative appeals, may file an action in a district court of the county in
which the licensing authority is located for review of the evidence presented to the
licensing authority and its decision.
b) The person must begin the judicial review by filing a petition with the court within thirty
(30) days after the licensing authority's decision is final and appealable.
Sec. 24.03.011 Appeal of denial
lf the Chief of Police refuses to grant or renew the applicant a Chauffeur's Permit, or
subsequently suspends or revokes said pennit, the applicant shall have the right to appeal to
the Perm il and License Appeal Board with in ten ( 10) days from the date of such refusal,
which appeal shall be perfected by delivering to the City Secretary a letter stating that an
appeal from the decision of the Chief of Police is requested. The Permit and License Appeal
Board shall immediately notify the Operator and, within twenty-one (21) days after receiving
such notice of appeal, hold a hearing thereon, and after the hearing, sustain or reverse the
decision of the Chief of Police. lf no appeal is taken from the finding made by the Chief of
Police within the ten (10) day period provided, the decision of the Chief of Police shall be
final.
ARTICLE 24.04 BUS SERVICE FRANCHISE
Sec. 24.04.001 Application; issuance
a) In addition to the application requirements under Article 24.02, Operator's Permit, an
application for bus service must state:
1) the route upon which the applicant will operate,
2) the schedule of such service,
3) the fare to be charged,
4) the kind and character of equipment to be used, and
5) the probable number of passengers per month who will use such service.
b) The applicant shall satisfy the City Manager that the applicant is a proper person to
whom a bus franchise may be granted, that the fares to be charged are reasonable, that the
applicant will operate such service in a safe and adequate manner, and that a necessity
exists for the establishment and operation of such service over the route named.
c) If the judgment of the City Manager is that all such matters are regular, necessary and
reasonable, a franchise may be issued to the applicant, under the terms of this Article, and
such conditions as the City Manager may prescribe.
Sec. 24.04.002 Forfeiture
Upon violation of the terms of th is Article, or any franchise issued hereunder, after ten ( 10)
days notice in writing, specifying the grounds of the complaint, a hearing may be held before
the City Council as to the correctness of the complaint, which shall be under oath, and if such
grounds of complaint are proven, such franchise may be forfeited and the rights of the person
holding the same wholly terminated. Such forfeiture shall be in addition to any other penalty
provided by this code or this Article.
ARTICLE 24.05 TAXICABS
Division 1. Generally
Sec. 24.05.001 Permit for taxicab vehicle
It shall be unlawful for any person owning, operating, driving or in charge of any vehicle
within the city limits to use or advertise in connection therewith the word "taxi," "taxicab" or
"cab," or in soliciting trade from the public to mark. represent or operate such a vehicle as a
"taxi," •·taxicab" or "cab" unless such vehicle is permitted under this Article.
Sec. 24.05.002 Service requirements
a) Holders of a Taxicab Permit shall operate on a regular and continuous seven (7) days
per week and twenty-four (24) hours per day basis for the purpose of receiving calls and
dispatching taxicabs. Operators shall answer all calls for services inside the city limits. When
such services cannot be rendered within twenty (20) minutes, the operator shall inform the
prospective passengers the amount of time it will be before the call can be answered and I provide the reason.
I b) To better control and regulate the ground transportation operations within the city
limits, the City Manager shall not make a finding that the public convenience and necessity
justifies the issuance of a permit unless the application therefore shall provide for the
permitting of at least five (5) taxicabs, the intent being that no permit for taxicab service shall
be granted to any person unless such person operates five or more taxicabs.
Sec. 24.05.003 Solidtation, acceptance and discharge of passengers
la) No driver shall solicit passengers for a taxicab. The driver of any taxicab shall remain in
I the driver's compartment or immediately adjacent to the driver's taxicab at all times when
such motor vehicle is in service, except that, when necessary a driver may be absent from
the driver's taxicab for not more than fifteen ( 15) consecutive minutes. A taxicab driver
may otherwise park and leave the taxicab for longer than fifteen ( 15) consecutive minutes
at some place other than in a designated taxi stand so long as the taxicab is out of service
and parked in compliance with all traffic laws and ordinances. Nothing herein contained
shall be held to prohibit any driver from occupying the street or sidewalk for the purpose
of assisting passengers into or out of such motor vehicle.
b) No driver of a taxicab shall solicit patronage by 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.
c) Drivers of taxicabs shall not receive or discharge passengers in the roadway but shall pull
up to the sidewalk as nearly as possible, or in the absence of a sidewalk, to the extreme
side of the road.
d) No taxicab driver shall solicit passengers at the terminal of any other common carrier, nor
at any intermediate points along an established route of any other common carrier, in
competition with such common carrier.
e) When any taxicab is at any rail, air or bus depot within the city limits, it shall be unlawful
for the driver in charge of such taxicab to leave the same and enter the depot or go upon
the sidewalk or private property of any railroad company, airline or bus company for the
purpose of soliciting the transportation of any passenger arriving on trains, planes or
buses at the depot. Drivers may leave their vehicles when actually necessary to assist
passengers to enter or leave, or in any case of accident or emergency beyond the control
of the driver.
f) No driver of a taxicab shall permit any additional person to occupy or ride in the taxicab.
unless the passenger or passengers first employing the taxicab shall consent to the
acceptance of additional persons, and at the additional person fares established by the
City.
g) No driver of a taxicab shall refuse or neglect to convey any orderly person or persons,
upon request, unless previously engaged or unable or forbidden by the provisions of this
Article to do so.
h) No driver of a taxicab shall solicit business for any hotel, or attempt to divert patronage
from one hotel to another. No taxicab operator shall be prohibited from contracting to
provide transportation services for the patrons of any hotel or other agency, business or
institution.
i) Drivers of a taxicab shall not allow any non-paying person to ride in a taxicab other than
for training purposes.
Sec. 24.05.004 Display of taxicab number
The Operator shall designate a block of consecutive numbers and from such designation shall
give each taxicab a number.
Sec. 24.05.005 Display of name of service, telephone number, etc.
Every taxicab operated in the City shall bear on the outside of each rear door, or front door, in
painted letters not less than two and one-half (2-1 /2) inches in height and not less than a five-
sixteenths-inch stroke, the name of the taxicab service of such Operator, together with the
telephone number of the service, the number of the taxicab and the word "taxi" or ··cab.'' All
lettering and designs shall be painted in colors contrasting the colors of the taxicab so that the
lettering and designs shall be clear and legible.
Sec. 24.05.006 Electric identification sign on top of taxicab
On the top of each taxicab there shall be an electric light sign with the company name or
identification sign thereon.
Sec. 24.05.007 Conflict in color schemes
No taxicab operated under the terms of this Artie le shall bear a color scheme, identifying the
design, monogram or insignia used on the taxicabs of an Operator already operating under
this Article, in such manner as to be misleading or tend to deceive or defraud the public.
Sec. 24.05.008 Taxicab stands
a) Taxicab stands shall be used by all drivers on a first-come, first-served basis. The driver
shall pull onto the open stand from the rear and shall advance forward as the cabs ahead
pull off. Drivers shall stay within five (5) feet of their cabs and they shall not engage in
loud or boisterous talk while at a taxicab stand. Nothing in this Article shall be construed
as preventing a passenger from boarding the cab of the passenger's choice that is parked
at open stands.
b) No other vehicles shall occupy the space established as a taxicab stand.
Sec. 24.05.009 Multiple passengers with multiple destinations
Jf a taxicab is carrying two (2) or more persons to different destinations, the driver shall be
the sole judge of the order in which such persons shall be delivered to their destination, and
the shortest possible route shall be followed.
Sec. 24.05.010 Trip manifest
Each driver shall maintain a trip manifest showing:
a) time, place, origin and destination of each trip; and
b) total number of passengers.
Sec. 24.05.011 Advertising
Subject to requirements of identification and provisions of this Article and the City's Code of
Ordinances, this code and any other ordinances regulating the use of the public streets,
Operators for taxicab services may permit advertising matter to be affixed to or installed in or
on any taxicab. It shall be unlawful for any operator or driver to affix or allow advertising
matter to be affixed to or installed in or on any taxicab in a manner which obstructs the
driver's vision or otherwise interferes with the safe operation of the vehicle.
Secs. 24.05,012-24.05.040 Reserved
Division 2. Rates and Fares
Sec. 24.05.041 Rates of fare to be charged to passengers
The City Manager shall establish and file with the City Secretary and with the Chief of Police
a Schedule of Taxicab Rates and Fares setting forth rates of fare to be charged to passengers.
An Operator or a driver shall not charge for providing taxicab service within the city limits
any fare that exceeds the maximum Schedule of Taxicab Rates and Fares on file in the City
Secretary's office. Said Schedule of Taxicab Rates and Fares shall include a gasoline
surcharge, which the operator may add to a taxicab fare when the average weekly retail price
of regular grade gasoline in the State of Texas exceeds three dollars ($3) per gallon as
determined by the United States Department of Energy, Energy Information Administration.
Sec. 24.05.042 Posting
a) An Operator shall provide the driver for each taxicab operating under its authority a
printed card or sticker containing the maximum rates of fare authorized by this Article.
The form and content of the card or sticker are subject to regulation by the City
Secretary.
b} While operating a taxicab for hire, a driver shall, in a manner approved by the City
Secretary, prominently display rate cards or stickers inside the taxicab and rate cards or
stickers outside the taxicab so that they can be easily read by passengers.
Sec. 24.05.043 Taximeters requirement
a) It shall be unlawful for any person to operate a taxicab within the City for public hire
unless it is equipped with a taximeter, which taximeter shall be used as provided in this
Section.
b) It shall be unlawful for any person owning, operating, and driving or in charge of any
taxicab within the city limits to operate or drive such taxicab unless a taximeter is used in
determining the fare to be charged. 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 provided by this Section.
Sec. 24.05.044 Taximeters specifications
Each taxicab shall use a taximeter of a size and design approved by the City Manager. Such
taximeter shall confonn to the following specifications:
a) 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 shall be indicated by means of clearly legible figures which are
electrically lighted each time the taximeter flag is thrown from noneaming to earning
position.
b) Each taximeter shall register upon visual counters the following item: total miles (unless
shown by accurate registration on the odometer. tested and in good working order on the
taxicab).
c) No taximeter shall be in such condition as to be more than five (5) percent incorrect to
the prejudice of any passenger.
Sec. 24.05.045 Fare co1lection procedures
a) Before changing the taximeter to indicate that the taxicab is vacant, a driver shall call the
attention of the passenger to the amount of fare registered on the taximeter.
b) Upon request by a person paying a fare, a driver shall give the person a legible receipt
showing:
I) name of the Operator under whose authority the taxicab is operated;
2) taxicab number;
3) itemized list of charges;
4) total amount of fare paid;
5) date of payment~ and
6) driver's signature.
c) An Operator shall provide each driver operating a taxicab under its authority with printed
receipt forms adequate for providing the information required in Subsection (b).
Sec. 24.05.046 Collection of fare by credit card
a) Each Operator and driver shaH accept payment of a taxicab fare by the use of one or more
major credit cards.
b) A driver shall use a secure credit card processing method that encrypts any infonnation
transmitted to authenticate a credit card payment transaction for approval.
ARTICLE 24.06 LIMOUSINES, AND TOURING VEHICLES
Division 1. Generally
Sec. 24.06.001 Engaging limousines and touring vehicles for hire
An individual's engagement of a limousine or touring vehicle for hire shall originate upon
request made at the dispatching office or the principal place of business of the Operator with
prearrangement made not less than one (1) hour in advance of the time transportation is to
begin. At no time shall such vehicle operate on a call-and-demand basis.
Sec. 24.06.002 Trip manifest
Each Operator shall maintain a trip manifest showing pre-arranged trips:
a) time, place, origin and destination of each trip;
b) names and addresses of the passengers; and
c) total number of passengers.
Sec. 24.06.003 Additional requirements for operators and owners or touring vehicles
and touring vehicle services
The operators of touring vehicles and touring vehicle services must comply with the
following requirements:
a) a true, correct, and legible copy of the Operator's permit must be displayed on the front
windshield of all touring vehicles owned or operated by the permit holder and contain the
name, address, and telephone number of the permit holder's business location on the back
side of the permit;
b) the operator of any touring vehicle shall require each passenger who is I B years of age or
older to have in the passenger's possession some form of photographic identification
before boarding a touring vehicle;
c) the operator of any touring vehicle shall not transport or facilitate the transportation on
any public street any person under l B years of age on any touring vehicle whose
destination includes a location where alcoholic beverages are served unless such person is
accompanied by a parent, legal guardian or responsible adult other than a person
employed by the operator of the touring vehicle;
d) the driver of a touring vehicle and the Operator for such vehicle must have a passenger
manifest that identifies all individuals who are lo be transported on each such touring
vehicle. A true, correct, and legible copy of such manifest must be on the vehicle at the
time of transport and an identical copy maintained at the primary business of the permit
holder; and
e) the Operator for any touring vehicle service must send by facsimile transmission or hand-
deliver to the Police Department a true, correct, and legible itinerary for any touring
vehicle prior to transporting passengers in such vehicle upon public streets within the city
limits.
Secs. 24.06.004-24.06.040 Reserved
Division 2. Rates and Fares
Sec. 24.06.041 Rates and fares
a) Every Operator of a limousine, airport shuttle, or touring vehicle business under the
provisions of this Article shall file with the City Secretary a schedule of rates charges
setting forth all rates to be charged to passengers.
b) Transportation rates shall be a prearranged flat rate by the trip or the hour, day, or longer
period of time.
c) The use of any meter or measuring device or zones to calculate rates or fares 1s
prohibited.
ARTICLE 24.07 NON-MOTORIZED VEHICLES
Division 1. Generally
Sec. 24.07.001 Definitions
As used in this Article, the following words and terms shall have the meanings ascribed to
them:
Horse. An animal of the genus Equus.
Non-motorized service. Ground transportation service using non-motorized ground
transportation service vehicles. Passengers are transpo11ed on designated streets for a fixed
rate determined by the length of the route.
Operate shall mean the transportation of a passenger or passengers for compensation by
means of a non-motorized vehicle.
Rest. The time an animal is allowed to stand at rest, including the time an animal 1s
harnessed to a carriage but not available for public hire.
Work. The time an animal is harnessed to a carriage and available for public hire.
Sec 24.07.002 Service requirements
a) A non-motorized service may operate only on tht: streets and designated traffic lanes and
during the times proposed in the application for the non-motorized vehicle service permit
and approved by the City.
b) The permit holder may load and unload passengers and park a non-motorized vehicle
only at locations approved by the City in the non-motorized vehicle service permit.
c) The permit holder shall post in a location approved by the City:
I) the permit issued by the City Secretary and the name of the non-motorized service;
and
2) the fare for each ride on the ground transportation service vehicle or in an approved
parking area.
d) The Operator may use only equipment approved by the City.
Sec. 24.07.003 Time of operation
Non-motorized vehicle may operate only between the hours of 7:00 a.m. and 12:00 midnight.
Sec. 24.07.004 Equipment
Non-motorized ground transportation service vehicles shall meet all requirements of the State
of Texas applicable to such vehicles, including required lighting, reflectors, tires or wheels
and slow-moving vehicle emblems.
Sec. 24.07.005 Additional requirements for horse-d..awn carriage sen-ice
a) The following are requirements for a horse-drawn carriage service:
I) The Operator shall maintain all barns, stables, or other housing for horses and
carriages in a safe and sanitary condition, and agrees to allow the City to inspect the
facilities at any time;
2) The Operator shall keep all carriage routes clear and free of animal void and
excrement and maintain all approved carriage parking areas in a clean and sanitary
manner. All horse-drawn vehicles shall carry a container with a tight fitting lid to
contain droppings, along with a suitable shovel or scoop, or, in the alternative, the
harness of each horse shall be fitted with a great basket, diaper device, or other
container at the rear of each horse to collect and prevent excrement from falling on
the roadway. The Operator shall transport all collected animal excrement to the
permit holder's stable for disposal;
3) Horse-drawn vehicles shall be equipped with a pressurized container of water and a
suitable disinfectant for washing down urine deposited on City roadways; and
4) Horse-drawn vehicles shall be equipped with lighting or safety equipment for the safe
operation of such vehicles, including lighting, emergency stop flashers, first aid kit,
additional reflectors, and emergency or parking brakes to resist runaways.
b) An Operator may not use an animal to provide the service unless the Operator provides
the City Secretary with a letter from a veterinarian licensed by the state, issued within the
90-day period immediately preceding the day the animal is to be used to provide the
service, that includes:
1) an identifying description of the animal; and
2) a statement that the animal has been examined by a veterinarian, is in good health,
and is suited to and physicaliy capable of pulling the proposed vehicle with
passengers.
c) For the safety and well-being of the animals used to provide the service, an Operator
shall:
1) offer potable water to each animal during each rest period;
2) provide a clean, soft, and pliable custom fit harness for each animal;
3) groom each animal before it is used to provide service;
4) provide shade for an animal during a rest period or while waiting if the temperature is
reported to be above 90 degrees Fahrenheit at any Lubbock, Texas, site monitored by
the National Weather Service; and
5) require a driver to maintain a distance of not fewer than five (5) feet fro1n another
animal and carriage.
d) For the safety and well-being of the animals used to provide the service, an Operator may
not:
I) work an animal:
A) longer than one hour without a ten-minute rest period;
B) longer than three consecutive hours without a continuous one-hour rest period;
C) longer than a total of six hours per day; and
D) more than five consecutive days without a 24-hour rest period before the next
working day.
2) work an animal at a gait faster than a walking gait or whip an animal unless
necessary for the safety of the animal or passengers;
3) use any equipment to injure or wound an animal;
4) overwork an animal;
5) work an animal with an open sore or wound, or any animal that is lame or has any
other ailment without specific written authorization from a veterinarian licensed by
the state that the work will not endanger the health or well-being of the animal;
6) operate a carriage having more than a seven-passenger capacity, including the
driver's box;
7) carry more passengers than the maximum allowed by the carriage's design capacity;
8) work an animal during the time when the temperature at any Lubbock, Texas, site
monitored by the National Weather Service is reported to be at or below 30 degrees
Fahrenheit, or work an animal over 2 hours when the temperature is reported to be
above 95 degrees Fahrenheit;
9) allow an animal to be subjected to cruel or harassing treatment; or
10) allow a driver or a person to attend more than one horse and carriage while stopped,
standing, waiting, or resting.
e) In addition to the requirements of Section 24.01.015, Inspection of Vehicles, and this
subdivision, in order to pass inspection the carriage wheels must have steel or iron outer
rims adequately sheathed in rubber or other synthetic material to prevent damage to the
street pavement.
f) While on duty, a driver shall not:
I) permit or allow a person on the back of an animal under the driver's control:
2) leave an animal unattended unless the animal 1s confined to a stable or other
enclosure;
3) work an animal at a gait faster than a walking gait, unless necessary for the safety of
the passengers or the animal;
4) allow a person, other than the Operator, a licensed driver, or a driver trainee in the
driver's box of a carriage;
5) stop, stand, wait, or rest an animal closer than five feet from another animal and
carnage; or
6) allow a person to attend more than one horse and carriage while stopped, standing,
waiting, or resting.
g) An Operator or driver shall report any accident involving an animal or carriage to the
City Secretary.
h) A driver trainee must be eligible for a Chauffer's Permit by the City. The Operator or a
licensed driver must accompany a driver trainee at all time during training.
Secs. 24.07 .006-24.07.040 Reserved
Division 2. Rates and Fares
Sec. 24.07 .041 Rates and fares
Each Operator shall operate only on the basis of established and defined charges. A schedule
of rates and fares shall be filed with the City Secretary upon issuance of a permit. It shall be
an offense to charge a fare in excess of the rates on the filed schedule.
ARTICLE 24.08 AMBULANCES
Division 1. Generally
Sec. 24.08.001 Definitions
The following words and phrases are defined as follows for the purpose of this article:
Ambulance. A vehicle for emergency care which provides a driver compartment and a patient
compartment to accommodate nvo (2) emergency medical technicians and two (2) litter
patients so positioned that at least one patient can be given intensive life support during
transit; which carries equipment and supplies for optimal emergency care at the scene as well
as during transport, for two-way radio communication, for safeguarding personnel and
patients under hazardous conditions and for light rescue procedures; and which is designed
and constructed to afford maximum safety and comfort, and to avoid aggravation of the
patienfs condition, exposure to complications and threat to survival. "Primary units" are
emergency ambulances in first line use and "backup units" are reserve units to be used in case
all primary units are in use. Backup units shall meet the standards and be equipped in the
same manner as primary units.
Ambulance. transfer. A vehicle meeting the requirements of a "basic life support emergency
medical services vehicle" under the rules of the Texas Department of State Health Services
and which vehicle shall be used to transport patients under a physician's care, from one
medical facility to another medical facility, from a medical facility to a private residence. or
from a private residence to a medical facility under conditions which do not ordinarily
constitute emergency circumstances as that term is defined in this article.
Ambulance operator. The person, partnership or corporation holding a City of Lubbock
emergency ambulance pennit.
Attendant. Trained and qualified EMT graduate responsible for the operation of an ambulance
and the care of the patients whether or not the attendant also serves as a driver. He shall be
1
' certified by the Texas Department of State Health Services within sixty (60) days after
employment.
AJtendanr-driver. A person who is qualified as an attendant and a driver. "Driver" means an
individual who drives an ambulance.
I Altendant 's permit. A City of Lubbock emergency ambulance attendant's permit.
Direct call. A request for emergency ambulance service made by telephone or other means
directly to the holder of an emergency ambulance pennit, his agents or employees.
Driver's permit. A City of Lubbock emergency ambulance driver's permit.
Emergency circumstances. The existence of circumstances in which the element of time in
giving emergency medical care and transporting the sick or injured for medical treatment is
essential to the health or life of such person.
Emergency service. This shall include the emergency ambulance trip to the place of
emergency, the rendering of first aid and assistance and the trip to the hospital.
Nonprofit emergency service. This includes emergency first aid and emergency
rescue type service by nonprofit organizations when the injured or ill are not
conveyed in the first aid or rescue vehicle.
Operator's license. A City of Lubbock emergency ambulance operator's license.
Sec. 24.08.002 Penalties
(a) Any person violating, or failing to comply with, any provision of this article shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined an amount not
exceeding one hundred dollars ($100.00).
{b) Each day that any violation of, or failure to comply with, this article is committed or
pennitted to continue shall constitute a separate and distinct offense under this section and
shall be punishable as such hereunder; provided, however, that the court may, in appropriate
cases, stay the cumulation of penalties.
Sec. 24.08.003 Supervision and enforcement
It is the intent of this article that the citizens of the city shall at all times have adequate and
necessary ambulance service, and to this end the chief of police is authorized to generally
supervise and enforce this article and prescribe recommendations to the city council from
time to time in order to insure that the operators of ambulances or ambulance services
hereunder shall be able to render such public service
Sec. 24.08.004 Daily manifest for vehicle
An emergency ambulance operator's license shall keep a daily manifest for each vehicle
upon which shall be recorded the date, time of day, response time, place of origin, destination
and charges for each trip made by such vehicle. Such records shall be kept and maintained in
a permanent file and made available for inspection at reasonable hours by the chief of police.
Sec. 24.08.005 Quarterly report
Each operator shall furnish to the city manager a full, complete and composite quarterly
report in writing showing its operations during the preceding three (3) months for the
emergency ambulance service. This shall include the emergency vehicle records referred to in
section 24.08.004. Such report shall be due twenty (20) days after the end of each ninety
(90) days of operation. The reports shall include accurate information relating to revenues,
expenses, the status of delinquent and uncollectable accounts and call statistics including
date, time of day, response time, emergency location and any other data deemed necessary by
the city manager so that the city will have sufficient financial and operational information.
Each operator shall keep detailed and completely separate books, records and operating
statistics of the emergency ambulance operations, excluding any and aH other business
enterprises in which the operator may be engaged, which will be subject during reasonable
business hours to examination and audit by the city. Each operator shall continuously revise
and update its forms and improve time taking measures of calls, dispatching and the like so as
to constantly improve its operations .
."iec. 24.08.006 Approval of rates, charges and fees by city council
Any subsequent changes in approved rates, charges and/or fees shall be submitted by a
licensee to the city council for approval.
Sec. 24.08.007 Condition of ambulance; supplies
No emergency ambulance shall be operated on the public streets of the city unless it complies
with the following requirements:
(I) Each ambulance shall, at all times when in use as such:
(A) Be suitable for the transportation of patients from the standpoint of
health, sanitation and safety, and be maintained in suitable premises;
(B) Contain equipment and supplies conforming with the standards.
requirements and regulations provided for in this article, which equipment
shall be in proper and good condition for such use;
(C) Ambulances shall meet the standards for ambulances recommended
by the United States Department of Health and Human Services'
Publication No. I O71-C-3 entitled "Medical Requirements for Ambulance
Design and Equipment," said publication being hereby incorporated by
reference as a part of this article as if fully copied herein in detail, a copy
of which publication shall be filed as part of the city secretary's records;
(D) Be equipped with a two-way radio which transmits and receives on
frequencies designated for use by the Federal Communications
Commission between each vehicle and the operator's base station. Radio
communication to and from such ambulances shall be the sole
responsibility and expense of the operator who shall dispatch emergency
vehicles in coordination with and by the knowledge and approval of the
police dispatcher. In addition, a two~way radio complying with FCC rules
and regulations or its equivalent, shall be installed by the operator for
communications between each vehicle and the police dispatcher.
Each ambulance vehicle shall further have capability to communicate with
hospitals and other emergency services from ambulance units.
The operator shall provide at its expense straight line telephone connection
to the police department, which shall be manned twenty-four (24) hours per
day every day.
(2) The emergency ambulance has no serious impainnent of any safety feature
resulting from an accident or otherwise.
(3) The emergency ambulance is equipped with the follow ing:
(A) First aid supplies as recommended by the Texas Department of State
Health Services for ambulance licensing.
(B) In addition to necessary equipment and supplies for emergency
ambulances as recommended by the Texas Department of State Health
Services and the Lubbock City Health Department, all emergency
ambulances shall further contain necessary supplies and equipment for
emergency medical trained personnel, including but not limited to
"Essential Equipment for Ambulances" as recommended by the Committee
on Trauma, American College of Surgeons, which recommendation is
hereby adopted.
(4) Have one or more attendants in addition to the driver who comply with
section 24.08.082.
(5) A schedule of the approved rates, charges and fees posted in a conspicuous
place within the ambulance.
Sec. 24.08.008 Use of red lights, horns, sirens; obedience to traflic regulations
The driver of any ambulance, when on an emergency run, may use red lights, horns and
sirens and may proceed in the manner and at the speed provided for in this code and the state
laws, but shall not be granted any further privileges hereunder.
Sec. 24.08.009 Clearance of direct emergency calls
(a) It shall be unlawfu I for any licensed operator to respond to a direct call without first
having called the police emergency dispatcher immediately upon receipt of such direct call.
giving the location of the patient and having received clearance from said dispatcher to make
said emergency call.
(b) On notification of a direct emergency call, the police emergency dispatcher shall
authorize and direct the licensed operator to make said call and shall infonn all persons
subsequently reporting said call that the emergency call is already being responded to by the
assigned licensed operator, provided, in cases where additional ambulances are needed, the
emergency dispatcher shall authorize the making of such calls by such other operators as are
needed.
Sec. 24.08.010 Selection of hospital
The operator on an emergency call shall carry the patient to the hospital selected by the
patient or his family. In the event no preference is indicated or cannot immediately be made,
the patient shall be carried to the nearest hospital with facilities capable of treating the
patient's injury or illness. Violation of this section will be grounds for suspension of an
operator's license.
Secs. 24.08.011-24.08.040 Reserved
Division 2. Operator's License
Sec. 24.08.041 Required
It shall be unlawful for any person, firm or corporation to furnish emergency ambulance
service upon the public streets of the city without having first obtained a city emergency
ambulance operator's license; provided, however, that ambulances operated by the United
States government, a political subdivision of the State of Texas, and ambulances delivering
patients from places outside the city to places within the city operated by ambulance services
not located within the city shall not be required to comply with this article.
Sec. 24.08.042 Application
Application for an emergency ambulance operator's license shall be filed with the city
secretary. Such application shall be submitted upon a form or forms to be furnished by said
city secretary and the applicant shall furnish the following proof and information with the
application. Such application shall be subscribed and sworn to before a notary public:
( 1) The name and address of the owner or operator of the ambulance service.
(2) A statement that the applicant has obtained or will obtain liability insurance
in accordance with the requirements provided in this article before commencing
emergency ambulance service in the event the city council determines that an
emergency ambulance operator's license should be granted. No emergency
ambulance operator's license will be issued until such insurance is in effect.
(3) That the applicant or applicants have not been convicted of a felony or of a
misdemeanor involving moral turpitude within the last ten (10) years.
(4) A statement that the applicant has been issued a permit (or assurance that
the applicant will obtain a permit prior to issuance of an operator's license) by
the Texas Department of State Health Services pursuant to authorization of
article 4590b of the Texas Civil Statutes. No emergency ambulance license will
be issued unless the applicant has obtained such a pennit.
(5) A description of each ambulance (or assurance that such description will be
furnished prior to issuance of a license), including the make, model, year of
manufacture, motor and chassis number; the length of time the ambulance has
been in use; and the color scheme, insignia, name, monogram and other
distinguishing characteristics to be used to designate applicant's ambulance;
including the current state license number.
(6) Applicant shall attach to his application a current financial statement.
(7) Applicant shall submit a complete schedule of rates, changes and fees to be
approved by the city council in the event a license is granted.
Sec. 24.08.043 Fee
(a) The application for a license under this article shall be accompanied by a fee as set forth
and established in the adopted annual budget of the City of Lubbock, Texas.
(b) Within fifteen (15) days after receipt of an application as provided for herein, the city
council may order a public hearing to be held concerning the applicant and his proposed
operation. In the event a public hearing is ordered by the city council, the applicant shall
forthwith deposit fifty dollars ($50.00) with the city secretary for payment of the publication
cost of notices to be printed on three (3) consecutive days advising of a hearing to be held on
said application. Such notice shall be to all holders of emergency ambulance licenses and all
other interested persons, and the first such notice shall be printed within fifteen (15) days
after receipt of the deposit if the applicant has met the above requirements. The said notice
shall set out the time and place of such public hearing which shall be not less than five (5)
days nor more than fifteen (15) days from the date of the first publication. The name of the
applicant and the place where he proposes to operate an emergency ambulance service shall
be set out in said notice. The city secretary shall refund to the applicant any part of the
deposit which is in excess of the cost of publication and, in the event such deposit is not
sufficient, the applicant shall immediately upon the request of the city secretary pay the
remaining sum of money necessary to pay such publication costs.
Sec, 24,08.044 Public convenience and necessity
(a) Defined. For the purposes of this division, "public convenience and necessity" shall
mean that:
(1) The permanent address from which the emergency ambulance service is
proposed to be operated will be within an area of the city which benefits from
additional service.
(2) Existing emergency ambulance service within the city will not be adversely
affected so as to lower the standards of existing service either in the area to be
served by the applicant or within the city as a whole.
(b) Finding by council. Upon consideration of each application under this division, the
applicant shall not be granted an emergency ambulance operator's license unless the city
council finds and determines that the public convenience and necessity will be served by the
issuance of such license. The city council shall also have the right to call any other witnesses,
including a police investigation or report, that may be deemed necessary or appropriate. In all
such hearings, the burden of proof shall be upon the applicant to establish by clear, cogent
and convincing evidence that the public convenience and necessity will be served by the
granting of the emergency ambulance operator's license.
(c) Factors considered. In determining public convenience and necessity, the city council
may consider but not be limited to the following:
(1) The need for additional ambulance service. This may include the evidence
of the records and statistics of the public services division, police department and
health department and any other relevant and material evidence.
(2) The distance from the permanent address at which the applicant proposes
to operate the emergency ambulance service to hospitals providing emergency
service to the public.
(3) The number of emergency ambulances which are available to provide
service in the area in which the applicant proposes to furnish such service.
(4) The record of responses to the police dispatcher's calls. This may include
information as to length of time required to arrive at the place of an emergency
after a request for such service and information as to calls declined and hours of
the day during which service in such area may be curtailed for any reason.
(5) Density of population.
(6) Financial responsibility of the applicant.
(7) Number of emergency ambulances for which emergency ambulance
operator's license are requested and the hours during the day and days during the
week that the applicant proposes to furnish such service.
(8) In the event the applicant has previously participated in furnishing
emergency ambulance service, evidence as to whether the applicant performed
such service in a satisfactory manner.
Sec. 24.08.045 Number of ambulances controlled by application
Each person issued an emergency operator's license under this article shall be deemed by the
filing of an application to agree to provide, keep and maintain for service not less than the
number of emergency ambulances indicated on the original application and to provide
adequate personnel available to operate each ambulance which shall be a condition for the
continuation of the license to operate such ambulance service. A minimum of two (2)
ambulance substations and a minimum of two (2) primary ambulances and crews and one
backup ambulance and crew shall be available from 8:00 a.m. to 12:00 p.m. midnight, and
one primary ambulance and crew and one backup ambulance and crew shall be available
daily from 12:01 a.m. to 7:59 a.m. for emergency calls within the city. Such ambulance
locations are to be based upon an analysis of emergency response data to determine
appropriate districts to maintain an average five-minute response time within the city limits.
Sec. 24.08.046 Response to city-originated emergency calls
Each person making an application to operate an ambulance or ambulance service within the
city shall be deemed by the filing of such application to agree to accept all emergency calls
originating from the fire or police department of the city, and the acceptance of such calls
shall be a condition for the continuation of the license to operate such ambulance or
ambulance service.
Sec. 24.08.047 Grant or denial
The city council shall make a determination as to the existence or nonexistence of public
convenience and necessity within fifteen ( 15) days from the date of the consideration of the
application, and the applicant shall be notified in writing within fifteen (15) days that the
application has been either granted or denied.
Sec. 24.08.048 Insurance policy
(a) Required. An applicant under this division shall file with the city secretary an insurance
policy, to be approved by the city attorney, providing insurance coverage for each and every
ambulance owned, operated and/or leased by the applicant, for injury to or death of persons in
accidents resulting from any cause for which the owner of said vehicle would be liable on
account of any liability imposed on him by law, regardless of whether the ambulance was
being driven by the owner, his agent or lessee, and as against damage to the property of
another, including personal property, under like circumstances, in the sum of one hundred
thousand dollars ($100,000.00) for injury to any one person, three hundred thousand dollars
($300,000.00) for any one accident and one hundred thousand dollars ($] 00,000.00) for
injury to property in any one accident.
(b) Continuance after recovery. Every policy of insurance under the preceding subsection
shall continue to the full amount thereof, notwithstanding any recovery thereon, and the
liability of the insurer shall not be affected by the insolvency or bankruptcy of the assured.
The policy shall be for the benefit of any and all judgment creditors and shaU name the city as
an additional insured.
(c) Coverage period. Every insurance policy required under subsection (a) shall extend for
the period to be covered by the license applied for, and the insurer shall be obliged to give not
less than ten (10) days' written notice to the city secretary and to the assured before any
cancellation or tennination thereof earlier than its expiration date, and the cancellation or
other termination of such policy shall automatically revoke and tenninate the license issued
for the ambulance covered by such policy, unless another insurance policy complying with
the provisions of this section shall be provided and be in effect at the time of such
cancellation or termination.
Sec. 24.08.049 Termination; renewal
All emergency ambulance licenses shall terminate on December thirty-first of each year.
Before the tennination date, such license may be renewed by paying a fee of six dollars
($6.00) and filing it with the city secretary, who will notify the city council of all pending
applications. The council, at its discretion, may review the applications before renewal
becomes final.
Sec. 24.08.050 Report of changes
All changes in the partnership or in the officers of the corporation, or any changes in
ownership, which holds an emergency ambulance operator's license shall be reported to the
city secretary within ten (10) days after such change, and the new partners or new officers
shall individually file applications certifying to their individual qualifications within such
time. Failure to do so shall be cause for suspension of the operator's license during the time
that such partners or officers fail to comply with this requirement
Sec. 24.08.051 Evidence of compliance
The initial, semiannual or other ambulance, equipment and premises inspection reports
provided for in this article shall be prima facie evidence of compliance or noncompliance
with, or violation of, the provisions, standards and regulations promulgated hereunder, for the
licensing of ambulances.
Sec. 24.08.052 Suspension or revocation
(a) Authorized generally. The chief of police may, and is hereby authorized to, suspend or
revoke a license issued under this article for failure of a licensee to comply and to maintain
compliance with, or for his violation of, any applicable provisions, standards or requirements
of this article, or of regulations promulgated hereunder, or for any reason a driver's permit or
attendant's permit may be revoked or suspended, or for charging and receiving any payment
in excess of the approved rates, charges and fees, but only after warning and such reasonable
time for compliance as may be set by the chief of police. Within ten (10) days after a
suspension, the licensee shall be afforded a hearing before the chief of police after request
from the licensee. The chief of police shall, within ten (10) days after conclusion of such
hearing, issue a written decision (which shall include written findings) as to the suspension of
said license. Such written decision shall be promptly transmitted to the licensee to whom it
refers. Suspension of any ambulance license shall be subject to appeal to the city council.
(b) Effect. Upon suspension, revocation or termination of an ambulance license under this
article, operation of such ambulance shall cease.
Secs. 24.08.053--24.08.080 Reserved
Division 3. Emergency Ambulance Driver's or Attendant's Permit
Sec. 24.08.081 Required
(a) It shall be unlawful for any person to operate or drive an emergency ambulance upon
the public streets of the city unless the driver shall first have obtained a city emergency
ambulance driver's pennit.
(b) It shall be unlawful for any person to act, serve or accompany the driver of an
emergency ambulance in the capacity of attendant while such emergency ambulance is being
operated for emergency service unless such person shall first have obtained an attendant's
permit.
Sec. 24.08.082 Qualifications or drivers and attendants; application
(a) Emergency ambulance drivers and attendants shall have the following qualifications,
and an application for such pennit shall be submitted upon a form or forms to be provided by
the city secretary:
(1) The applicant for a driver's permit must be the holder of a Texas
chauffeur's license.
(2) The applicant for a driver's permit must demonstrate a familiarity with the
streets and avenues of the city by written or oral examination.
(3) The applicant for a driver's pennit shall not be eligible if he has been
convicted of a felony or of a misdemeanor involving moral turpitude within the
past ten ( 10) years to be confinned in writing to the city secretary by the chief of
police.
(4) Each applicant for an attendant's or driver's permit must have a currently
valid certificate evidencing successful completion of a course as an emergency
medical technician from an accredited school or college. In addition, the
applicant must have (or within sixty (60) days must obtain) a currently valid
EMT certificate issued by the Texas Department of State Health Services.
(5) In addition, the application shall show the following:
(A) The applicant's full name, current residence, places of residence for
ten (10) years previous to moving to his present address and the length of
time he has resided in the city.
(B) The applicant's age, height, color of eyes and hair.
(C) Whether he has ever been convicted of a felony or misdemeanor,
and, if so, when and where and for what cause.
(D) The applicant's training and experience in the transportation and
care of patients and whether he has previously been licensed as a driver,
chauffeur or attendant-driver, and, if so, when and where and whether his
license has ever been revoked or suspended in any jurisdiction and for what
cause.
(E) Two (2) recent full-face and profile photographs of applicant.
(b) Such application must be signed and sworn to before a notary public.
Sec. 24.08.083 Issuance; denial
The city secretary shaJI investigate an application under this division and determine whether
the applicant meets the qualifications required for the issuance of an emergency ambulance
driver's permit. If the applicant is so qualified, the city secretary shall notify the applicant by
writing to him at the applicant's address as given in the application. A denial of a permit shall
be appealable to the permit and license appeal board by the appellant filing a notice of appeal
with the city secretary within fifteen (1 S) days of denial of such permit. The permit and
license appeal board shall hear such appeal within ten (10) days of the notice of appeal.
Sec. 24.08.084 Suspension or revocation
(a) Grounds. The driver's or attendant's permit provided for in this article may be
suspended or revoked by the chief of police for any reason for which the original permit
could be denied and, in addition, for any of the following reasons:
(1) Upon conviction for violation of any state or federal law declared to be a
felony or involving moral turpitude.
(2) For conviction of drunkenness while the permittee is on duty as an
ambulance driver or attendant. An appeal of said conviction shall not operate as a
stay of said suspension or revocation as provided herein.
(3) For permitting any other person to use his permit.
( 4) For obliterating or erasing any official entry on his permit identification
card.
(5) Failure to respond to an emergency call.
(b) Effect. Upon suspension, revocation or termination of a driver's, attendant's or
attendant-driver's permit under this article, such driver, attendant or attendant-driver shall
cease to drive or attend an ambulance, and no person shall employ or permit such individual
to drive or attend an ambulance. The chief of police shall take up the permit and identification
card and file therewith the reasons for such revocation or suspension and the term thereof.
Secs. 24.08.085-24.08.110 Reserved
Division 4. Transfer Ambulances
Part I. In General
Sec. 24.08.111 Purpose and intent; operations
lt is the purpose and intent of the city council in creating this division providing for transfer
ambulance service within the City of Lubbock to provide to the citizens and residents of this
city, who are currently under a physician's care, with a mode of medical transportation under
conditions which do not ordinarily constitute emergency circumstances as that term is defined
I
in this article. In accord with the aforementioned intent of the city council the following
operational requirements shall apply to every holder of a permit issued under this division:
(1) During the hours of operation of the business conducted by the permit
holder, there shall be available for duty a minimum of two (2) transfer ambulance
vehicles certified in accordance with the tenns of section 24.08. I 45 of this
division.
(2) Every pennit holder shall provide a person at the pennit holder's principal
place of business to receive all calls for service and dispatch vehicles certified
under section 24.08.145 in response thereto. This position shall be known as
transfer ambulance dispatcher and shall be staffed during all hours of operation
of the business conducted by the permit holder. The transfer ambulance
dispatcher shall perform the following duties:
(A) Record all incoming calls for service in such a manner that the
recordings are clearly audible.
(B) Store and maintain all recorded incoming calls for a period of one
( 1) year from the date the call was received.
(C) Make available to the city manager or his designated representative
any stored or maintained recording of incoming calls.
(D) In every instance where the transfer ambulance dispatcher receives
an incoming call for service, that person shall verify the following:
(i) That the person to whom the service is to be rendered is under
the current care of a physician;
(ii) The name and, if available, the address of the attending
physician~
(iii) The location of the person to whom service is to be provided
and the destination where the person is to be delivered.
(iv) The name and address of the person requesting the service if
said person is someone other than the person to be transported.
The items set forth in (i) through (iv) above shall be reduced to
writing in a daily log to be maintained by the transfer ambulance
dispatcher, which log shall be made available to the city manager or
his designated representative upon request.
(E) In every case where the transfer ambulance dispatcher receives a call
or request for services, the transfer ambulance dispatcher shall immediately
inquire as to whether or not there is in existence at the time the call is
received or the request for services tendered emergency circumstances as
that tenn is defined in section 24.08.00 I of this article. In the event that
emergency circumstances are determined to exist at the time the call or
request for services is received, the transfer ambulance dispatcher shall
inform the person making the call or request of such fact and advise that
the dispatcher will immediately relay the call to a person, partnership,
corporation or governmental unit authorized to handle emergency calls, as
that term is defined in this article, by either the State of Texas and the City
of Lubbock (if the latter is required), provided such person, partnership,
corporation or governmental unit provides such service within the City of
Lubbock.
(F) In all cases where the transfer ambulance dispatcher has received a
call or request for services involving emergency circumstances as that term
is defined in this article, said dispatcher shall immediately relay the call as
above set forth and shall enter the following information into the daily log
required by this division:
(i) The time and date the call or request was received;
(ii) The name and address of the party making the caH or request;
(iii) The name of the person, partnership, corporation or
governmental unit to which the call or request has been relayed.
(G) In all cases where the transfer ambulance dispatcher cannot verify or
confinn that the person requesting the service or the person to be
transported is currently under a physician's care, said dispatcher shall
follow the same procedure as set forth in subsection (2)(F) of this section.
Sec. 24.08.112 Emergency runs not permitted; exception
A permit holder under this division or a vehicle operated by a permit holder under this
division shall not provide emergency service, as that tenn is defined in this article, upon the
streets of the City of Lubbock except under the following conditions:
( 1) In the event emergency circumstances, as defined in this article, arise after
tl1e commencement of a transfer ambulance call, either before or after the patient
has been picked up, a transfer ambulance may thereafter complete the call as an
emergency service run.
(2) In the event that conditions occur that comply with subsection (1) of this
section, the transfer ambulance operator shall do the following:
(A) Immediately notify the police dispatcher of the nature of the
emergency and obtain permission from the police dispatcher to complete
the run as an emergency service run;
(B) Immediately notify the transfer ambulance dispatcher by radio of the
nature of the emergency and said dispatcher shall note the fact of such
notification in the daily log maintained by said dispatcher together with the
time such notification was received;
(C) Within ten (IO) days after the completion of an emergency service
run the transfer ambulance operator shall file a report, with a copy mailed
to the city manager, of such run with the transfer ambulance dispatcher,
which report will contain the following information:
(i) The time, place and nature of the emergency;
(ii) The place where the patient was transported to receive
emergency care;
(iii) The length of time that elapsed from the occurrence of the
emergency to point of delivery of the patient;
(D) The transfer ambulance dispatcher shall maintain all reports required
to be filed under this subsection for a period of one (1) year from the date
of such report and make them available upon request to the city manager or
his designated representative.
(3) In the event of a public emergency where it is necessary to provide
emergency service to the citizens of the City of Lubbock, the city manager may
authorize a permit holder to provide emergency service but only for the duration
of the emergency.
(4) When the city manager is notified by an emergency service provider
operating within the City of Lubbock that such service requires aid and
assistance, then in such circumstances the city manager may authorize the permit
holder to respond on an emergency basis until such time as the city manager is
notified by the emergency service provider that it no longer requires such
assistance.
Sec. 24.08.113 Advertising
No transfer ambulance service may hold itself out to the public by advertising through any
form or by any other means as being a licensed emergency service provider. All advertising
undertaken by the pennit holder of a transfer ambulance operator's pennit shall stress that the
service is a transfer service only and that emergency service is not provided.
Secs. 24.08.114-24.08.140 Reserved
Part II. Permit
Sec. 24.08.141 Required
It shall be unlawful for any person, firm or corporation to furnish transfer ambulance service
upon the public streets of the city without first having obtained a city transfer ambulance
operator's permit; provided, however, that ambulances operated by the United States
government, a political subdivision of the State of Texas, and ambulances delivering patients
from places outside the city to places within the city operated by ambulance services not
located within the city shall not be required to comply with this article.
Sec. 24.08.142 Application; insurance
Application for a transfer ambulance operator's permit shall be made upon forms supplied by
the city and filed with the city secretary. Applicants shall furnish the following information
and such information shall be sworn to as being true and correct by the applicant before a
notary public:
(1) The name, trade name, address and telephone number of the transfer
ambulance business.
(2) The number of ambulances proposed to be operated.
(3) The names and addresses of the true owners of the transfer ambulance
business and, if the business is a corporation, the names and addresses of the
corporate officers.
( 4) The true owners of the am bu lances to be used, if different from the owners
of the ambulance business.
(5) A statement from the city tax assessor~collector that all city taxes on the
permit applicant's property, both real and personal, to be used in the business are
current.
(6) A certificate of public liability insurance and property damage insurance
issued by a casualty company authorized to do business in the State of Texas, in
the standard form approved by the state department of insurance, containing a
provision that at least ten (I 0) days' prior notice of cancellation of said insurance
shall be given to the city secretary by the insurance company with the insured
provision of such policy including the City of Lubbock as an additional insured
and a coverage provision of such policy insuring members of the public from any
loss or damage that may arise to any person or property by reason of the
operation of the permit holder's ambulance business and providing that the
coverage shall be in at least the sum of one hundred thousand dollars
($100,000.00) for injury to any one (l) person, three hundred thousand dollars
($300,000.00) for any one (!) accident and one hundred thousand dollars
($100,000.00) for injury to property in any one (1) accident.
(7) A schedule of rates, charges and fees to be charged by the applicant for
transfer ambulance service.
(8) That the applicant or applicants have not been convicted of a felony or of a
misdemeanor involving moral turpitude within the last ten (10) years.
(9) A description of each transfer ambulance vehicle (or assurance that such
description will be furnished prior to issuance of a license), including the make,
model, year of manufacture, motor and chassis number; the length of time the
ambulance has been in use; and the color scheme, insignia, name, monogram and
other distinguishing characteristics to be used to designate the applicant's
ambulance; including the current state license number.
( 10) The applicant shall attach to his application a current financial statement.
Sec. 24.08.143 Fees
Every applicant for a transfer ambulance operator's permit shall pay to the City of Lubbock
the following nonrefundable fees upon filing of the application with the city secretary, said
fees to be in the amount as set forth and established in the adopted annual budget of the City
of Lubbock, Texas:
(1) An annual permit fee, which fee shall entitle a permit holder meeting the
requirements of this article and state law to operate a transfer ambulance service
for a period of one (I) year from the date of issuance of a permit. Permits shall be
prominently displayed at the permit holder's principal place of business within
the city.
(2) In addition to the annual permit fee required to be paid to the city as set
forth in subsection (]) of this section, each applicant for a transfer ambulance
operator's permit shall pay to the city an annual inspection fee for each
ambulance vehicle operated or to be operated by the applicant; said inspection
fee is assessed to defray part of the cost of certification and inspection by the city
under this division.
Sec. 24.08.144 Requirements
No transfer ambulance shall be operated upon the public streets of the city pursuant to this
article unless it meets the following minimum requirements:
(1) Be suitable for transportation of patients from the standpoint of health,
sanitation and safety;
(2) Contain medical equipment and supplies in good condition and working
order which meet the applicable rules and regulations of the Texas Department of
State Health Services for "basic life support emergency medical services
vehicles";
(3) Be free from all mechanical defects, whether caused by collision or
otherwise;
(4) Be equipped with a two-way radio which transmits and receives on
frequencies designated for use by the Federal Communications Commission
between each vehicle and the operator's base station; radio communications to
and from such transfer ambulance vehicles shall be the sole responsibility and
expense of the operator; in addition, a direct communication system complying
with FCC rules and regulations or its equivalent shall be installed by the operator
for communications between the operator's base station and the police
dispatcher; each transfer ambulance vehicle shall further have capability to
communicate with hospitals and other emergency services from transfer
ambulance units;
(5) Be staffed with at least one {l) person certified by the State of Texas as a
basic emergency medical technician and one (1) person certified by the State of
Texas as an emergency care attendant, who may also be the driver;
(6) Contain a conspicuously posted schedule of fees and rates charged;
(7) Be certified by the city as meeting applicable city ordinances and state laws
as to emergency equipment and lighting.
Sec. 24.08.145 Inspections
(a) Prior to the issuance of any permit provided for in this division or any renewal of such
permit, the city manager or his designated representative shall cause each ambulance vehicle
operated or to be operated under such permit to be inspected for compliance with the
applicable provisions of section 24.08.144 of this division.
(b) The city manager or his designated representative shall issue a three-inch by five-inch
(3'' x 5'') certificate for every ambulance vehicle found to be in compliance with the
applicable provisions of section 24.08.144 of this division. The applicant for the transfer
ambulance operator's permit shall cause such certificate to be displayed within each
ambulance vehicle so approved.
(c) Every certificate issued in accordance with this section shall show the date of the
inspection upon its face and shall be signed by the city manager or his designated
representative. The certificates so issued shall expire upon an even date with any permit
issued to an applicant under this division.
(d) No pennit holder or applicant therefor shall allow an ambulance vehicle operated or to
be operated by the permit holder or applicant to be placed in service upon the streets of the
City of Lubbock, Texas, until a certificate has been issued for such vehicle showing that it
has been found to comply with the applicable provisions of section 24.08.144 of this division.
(e) An applicant may present an ambulance vehicle for reinspection in all cases where the
vehicle has failed to pass its inspection upon the following conditions:
(1) A reinspection fee of fifteen dollars ($15.00) shall be paid to the City of
Lubbock;
(2) Evidence is presented to the city manager that any item of noncompliance
with the applicable provisions of section 24.08.144 has been corrected;
(3) Ten (IO) days' notice of the reinspection is given to the city manager.
(f) The city manager or his designated representative shall notify the city secretary of each
ambulance vehicle which has passed the inspection required by this division and shall furnish
to the city secretary a list showing the Texas license plate number of each ambulance which
has passed inspection and the date of the inspection, which list shall be kept of record in the
office of the city secretary. A reinspected ambulance vehicle may be added to the above list
upon notification of such fact to the city secretary by the city manager or his designated
representative.
Sec. 24.08.146 Issuance
When the requirements of sections 24.08.142, 24.08.143 and 24.08.145 have been completed,
the city secretary shall issue to the applicant a transfer ambulance operator's permit, which
permit shall expire upon one ( 1) year from date of issuance.
Sec. 24.08.147 Renewal
A transfer ambulance operator's permit may be renewed by the holder thereof provided said
pennit holder follows the same procedure for such renewal pennit as herein set forth to obtain
the initial permit and such renewal application is filed forty-five ( 45) days prior to the
expiration of the existing pennit.
Sec. 24.08.148 Reprimand, suspension or revocation
(a) The city manager or his designated representative shall investigate every written
complaint filed with his office, which complaint alleges that the permit holder has committed
a violation of the grounds hereinafter set forth for reprimand, suspension or revocation of a
pennit issued pursuant to this division.
(b) Any one or more of the following items shall be grounds for reprimand, suspension or
revocation of a permit issued under this division:
(1) Operating a transfer ambulance vehicle upon the streets of the City of
Lubbock when such vehicle has not met the inspection requirements set forth in
section 24.08.145 of this division.
(2) Charging a fee for services rendered that is in excess of the schedule of
rates, charges and fees filed by the permit holder with the city secretary under
section 24.08.142 of this division.
(3) Failing to conspicuously post within every transfer ambulance vehicle:
(A) A copy of the schedule of rates and fees for services on file with the
city secretary;
(B) The inspection certificate required by section 24.06.145 of this
division.
(4) Failure to properly maintain every transfer ambulance vehicle so that it is
free of mechanical defects and suitable for transportation of patients from the
standpoint of health, sanitation and safety.
(5) Failure to maintain and have available for duty during the hours of
operation of the business conducted by THE permit holder a minimum of two (2)
transfer ambulance vehicles as required by this division.
(6) Failure to provide for and staff the position of transfer ambulance
dispatcher as required by this division.
(7) Failure to do any of the following:
(A) Properly record all incoming calls for service as required by this
division.
(B) Store and maintain recorded calls as required by this division.
(C) Upon request, make any reports, recordings or records required to be
kept by this division available to the city manager.
(D) Determine that the person making the request for service or for
whom the service is to be rendered is currently under a physician's care.
(E) Determine at the time the call or request for services is received as to
whether or not there is in existence emergency circumstances as defined by
th is article.
(F) Immediately relay any call or request for services to those authorized
to provide emergency service when required to do so by this division.
(8) Operating a transfer ambulance vehicle as an emergency service vehicle
when not authorized to do so in accordance with the tenns of this division.
(9) Failure to comply with any of the terms and conditions of this division.
(IO) Conviction of the permit holder of a felony or a misdemeanor involving
moral turpitude.
( l l) Conviction of a driver of driving while under the influence of alcohol or
of a driver or attendant of public intoxication.
(c) If the city manager finds that grounds for reprimand, suspension or revocation do in
fact exist, he shall reprimand the pennit holder in writing, suspend the permit for a period not
to exceed ninety (90) days or revoke the permit as the facts of each case warrant.
(d) In each case where a permit is suspended or revoked, such facts shall be communicated
in writing to the permit holder by certified mail, retum receipt requested, and shall set forth
the basis for the action taken by the city manager.
(e) In each case where a permit is suspended or revoked, the permit holder shall have a
period of ten (10) days from receipt of the notice of such action to appeal the suspension or
revocation of the pennit to the city license and permit appeals board under the requirements
of the city Code of Ordinances for appeals to said board.
ARTICLE 24.09 TOW TRUCK SERVICES
Division 1. Generally
Sec. 24.09.001 Definitions
For the purpose of this article, the following terms shall have the meanings hereinafter
ascribed to them:
Chidofpolice. The chief of police of the City of Lubbock, Texas, or a person designated by
him to act in his stead for the purpose of this article.
City secretary. The city secretary of the City of Lubbock, Texas, or her designated
representative.
Class I tow truck. A tow truck with a gross vehicle weight of at least seven thousand five
hundred (7,500) pounds and less than twenty-six thousand (26,000) pounds.
Class Tl tow truct A tow truck with a gross vehicle weight of at least twenty-six thousand
(26,000) pounds, which shall be used exclusively to tow vehicles with a gross weight of more
than ten thousand ( I 0,000) pounds.
Consent tow. Any tow initiated by the owner, operator or other person in possession, custody
or control of a motor vehicle, but which does not include tows initiated as a result of an
accident or collision on a public highway, street or alley where a law enforcement officer has
been dispatched to the scene.
Motor vehicle or vehicle. Every device in, upon, or by which any person or property is or may
be transported or drawn upon a public highway, street, or alley, but not including devices
moved solely by human power, or used exclusively upon stationary tracks or rails. The term
includes, but shall not be limited to, an operable or inoperable automobile, truck, motorcycle,
recreational vehicle and trailer.
No11co11sent tow. Any tow of a motor vehicle which is not a consent tow.
Owner. Any person who holds the legal title to a motor vehicle or who has the legal right to
; possession thereof.
I
Person. Any individual, corporation, partnership, joint venture or association. This does not
include a governmental entity.
Police department. The police department of the City of Lubbock, Texas.
Rotation lists. Lists prepared by the police department in accordance with the provisions of
this article of tow truck businesses which have requested and qualified for placement upon
such lists.
Tow truck. A motor vehicle, including a wrecker, equipped with a mechanical device used to
tow, winch, or otherwise move another motor vehicle.
Tow truck business. The business of performing nonconsent tows of motor vehicles within
the incorporated limits of the City of Lubbock, Texas.
Sec. 24.09.002 Penalties
Any person who violates any of the provisions of this article shall, in addition to such
administrative penalties that may be imposed by the chief of police of the city, the Texas
Department of Transportation, or other state or federal agency, be guilty of a misdemeanor
and, upon conviction, be subject to a tine not to exceed the amount provided by section
1.01.004 of the Code of Ordinances of the city.
Sec. 24.09.003 Complaints
All citizen complaints involving tow truck businesses shall be submitted to the city secretary
in writing and shall be signed by the complainant. The city secretary shall then notify the
chief of police and the named tow truck business of the complaint.
Sec. 24.09.004 Duties of tow truck operators
All tow truck operators within the city shall provide safe and efficient tow truck services,
which include, but are not limited to, the following specific duties:
( 1) All tow truck operators responding to a call to the scene of an accident or
collision for a nonconsent tow shall take direction from the law enforcement
officer in charge of investigating the accident or collision.
(2) Any tow truck operator towing a vehicle from the scene of an accident or
collision within the city shall remove all debris of the accident or collision from
the public right-of-way. This duty specifically includes the removal of broken
glass and metal fragments and the spilled load of any vehicle. Such debris shall
be disposed of in a manner which will keep it out of gutters, storm sewers,
streams, public rights-of-way, and property not owned by the tow truck operator.
(3) No tow truck operator shall store any vehicle or tow truck on public streets
or public rights-of-way in the city.
(4) Tow truck operators shall use reasonable care in towing and in the storage
of vehicles so as to minimize any possibility of further damage or theft.
(5) Tow truck operators shall comply with all federal and state laws, all rules
and regulations promulgated pursuant to federal and state laws, and all city
ordinances, including zoning, health, and fire prevention ordinances.
(6) All vehicles towed as a result of nonconsent tows shall be taken to a
licensed storage facility within the city limits for storage, unless the tow truck
operator agrees to take the vehicle to a location designated by the vehicle's
owner and the vehicle's owner is not under arrest and the vehicle owner pays the
applicable fee.
(7) All tow truck operators shall inform the police department of all
nonconsent tows within thirty (30) minutes of the completion of such tows. The
information shall include the vehicle identification number, license plate number,
a brief description of the vehicle, the location where the vehicle was picked up,
and the location where the vehicle is being stored.
Sec. 24.09.005 Driving tow truck to scene of accident or collision
Jn order to maintain control over public streets within the incorporated limits of the city,
prevent traffic congestion, and ensure the safety and welfare of citizens who reside therein,
no person shall drive, or cause to be driven, a tow truck to the scene of an accident or
collision on a public street in the city unless such person has been called to the scene by the
police department or by a party involved in an accident or collision~ provided, however, that
when a tow truck is involved in an accident or collision, it shall not be a violation of this
section.
Sec. 24.09.006 Interception of police calls
No person for purposes of facilitating a violation of this article or of any other law or
ordinance shall intercept any message emanating on police department radio frequencies, nor
shall the contents of any such intercepted message be divulged to another for purposes of
facilitating a violation of this article or any other law or ordinance.
Sec, 24.09.007 Tows from parking facilities
All tows from parking facilities shall be in accordance with the requirements of Chapter 2308
of the Texas Occupations Code, which act is hereby incorporated in its entirety into and made
a part of this article for all purposes.
Sec. 24.09.008 Selection of a tow truck for nonconsent tows
(a) The city may contract with one or more tow truck businesses to perform nonconsent
tows on behalf of the police department. Such contracts shall be awarded on the basis of
competitive bids or competitive proposals.
(b) The police department shall establish and maintain a list of tow truck businesses that
!lave a valid permit to perform nonconsent tows. The department may also establish and
maintain class I and class II tow truck rotation lists.
(c) The police department is hereby authorized to establish rules and regulations for
implementation, operation and maintenance of the lists described in subsection (b) above. A
copy of the rules and regulations shall be signed by the chief of police and filed with the city
secretary.
(d) Subject to subsection (e) of this section, any owner whose motor vehicle is subject to a
nonconsent tow deemed necessary by a law enforcement officer may designate a tow truck
business to perform the tow if he is able to do so, provided such business has a valid permit
therefor and is otherwise qualified to perform nonconsent tows under state law and this
article. To assist the owner in the selection of a tow truck business, the officer may present
the owner with the list maintained by the department of tow truck businesses qualified to
perform nonconsent tows and may also publish or advise the owner of the rates which such
businesses have indicated to the city secretary that they intend to charge for a nonconsent tow
and storage of the vehicle. A tow truck business which requests placement on the list shall
provide such information in writing to the city secretary with its permit application and
update the information in writing whenever the company adjusts its rates. If the owner is not
able or does not wish to designate a tow truck business, the law enforcement officer may
require a tow truck business with whom the city has contracted or a person on a rotation list
to perform the tow. However, in no event will the city secretary or the police department
establish or attempt to regulate the rates which may be charged by a tow truck business other
than a business with whom the city has contracted under subsection (a) of this section to
perfonn nonconsent tows.
(e) Notwithstanding any other provision of this article, a law enforcement officer may
require any motor vehicle and debris to be removed from a public right-of-way or other
location at the owner's expense by any practical means where the officer, in the course of his
duty, reasonably deems the motor vehicle or debris to constitute a traffic hazard or otherwise
jeopardizes the public safety.
Secs. 24.09.009-24.09.040 Reserved
Division 2. Nonconsent Tow Permit
Sec. 24.09.041 Required
lt shall be unlawful for any person to perform nonconsent tows within the city unless such
person possesses a valid pennit therefor in accordance with this article. A tow truck business
permitted by the state for consent towing only shall not be subject to this article. Tow trucks
permitted under a consent tow1ng permit may not be used for nonconsent towing, including
incident management towing and private property towing as those terms are defined by state
law.
Sec. 24.09.042 Application and fee
(a) Applications for permits shall be made upon forms supplied by the city secretary, shall
be verified by a notary, and shall contain the following information:
(I) The true name, the trade name, address and telephone number of the tow
truck business;
(2) The number and category of tow trucks proposed to be operated with a
photograph of each tow truck showing compliance with Section 24.09.042(b)(4),
below;
(3) The names and addresses of the true owners of the tow truck business and,
if the business is a corporation, the names and addresses of the corporate officers;
(4) The true owners of the tow trucks to be used, if different from the true
owners of the business;
(5) Proof that the applicant has a current valid permit with the Texas
Department of Licensing and Regulation.
(b) Display of permit information. A pennit holder shall display on each permitted tow
truck:
(1) The permit holder's name;
(2) The permit holder's telephone number;
(3) The city and state where tl1e permit holder is located: and
(4) The Texas Department of Licensing and Regulation issued permit number
for the tow truck.
(c) The information required to be displayed in subsection (b) above, must be:
(1) Printed in letters and numbers that are at least two inches high and in a
color that contrast with the color of the background surface; and
(2) Permanently affixed in conspicuous places on both sides of the tow truck.
(d) The annual fee for a permit shall be in the amount as set forth and established in the
adopted annual budget of the City of Lubbock, Texas and shall entitle the holder to operate a
tow truck business in compliance with state law and this article. All fees are nonrefundable
and due upon receipt of permit application in the office of the city secretary.
(e) The city secretary shall issue a permit to those persons complying with the
requirements of this article.
Sec. 24.09.043 Suspension or revocation grounds
Grounds for suspension or revocation of a permit may include the following:
(1) Failure at any time to meet any of the requirements of this article for a
permit;
(2) Operating a tow truck m such a manner as to endanger any person or
property;
(3) Failure to adhere to the police department's rules and regulations
promulgated pursuant to section 24.09.00S(c) of this article.
(4) Violation of any federal or state law, or any rules or regulations
promulgated pursuant to federal or state law, or any city ordinances related to the
operation of a tow truck business.
Sec. 24.09.044 Suspension and revocation procedures, appeals
Notwithstanding any provision of this article, the chief of police shall be authorized to
suspend or revoke any permit for a violation of any of those items listed as grounds for
suspension or revocation in section 24.09.043. The chief of police may immediately suspend
a pennit for up to fifteen ( 15) days if there is substantial evidence of a violation which
constitutes an imminent danger to the public and the permit holder is unable or unwilling to
correct the violation. Otherwise, before any permit may be suspended or revoked, the chief of
police shall hold a hearing at which evidence of such violation may be presented and
rebutted. A hearing may be scheduled by the chief of police after receiving a complaint
charging a violation or at his discretion upon his investigation and review. Notice of the
hearing, the administrative action proposed to be taken and the grounds therefor shall be
given to the permit holder at least ten (10) days prior to the hearing. Mailing such notice by
certified mail to the last known business address of the permit holder not less than ten (10)
days prior to the hearing shall constitute adequate notice. If the chief of police suspends or
revokes a permit, he shall notify the permit holder in writing of the reasons for the suspension
or revocation, the effective date of the suspension or revocation, the date of reinstatement, if
any, and the conditions which must be satisfied for reinstatement, and such notification shall
advise the permit holder that he may appeal such decision to the permit and license appeal
board in accordance with the city ordinance creating such board. Mailing such notification by
certified mail to the last known business address of the permit holder within ten (lO) days of
the hearing shall be deemed sufficient. No person whose permit has been revoked shall be
eligible to apply for a new permit for at least six (6) months from the date the revocation
became effective. Prior suspensions may be considered by the chief of police in determining
whether to suspend or revoke a perm it.
SECTION 2. THAT unless otherwise provided herein, a violation of any
provision of this Ordinance shall be deemed a misdemeanor punishable as provided m
Section l.0L.004 of the Code of Ordinances, City of Lubbock, Texas.
SECTION 3. THAT should any paragraph, sentence, clause, phrase or
word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder
of this Ordinance shall not be affected thereby.
SECTION 4. THAT the City Secretary is hereby authorized to cause
publication of the descriptive caption of this Ordinance as an alternative method provided by
law.
SECTION 5. THAT the Ordinance shall become effective, except as may
otherwise be provided herein, from and after its publication as provided by law.
AND IT IS SO ORDERED.
Passed by the City Council on first reading on November 3, 2011 --------------
Passed by the City Council on second reading on __ N_o_v_e_m_b_e_r_1_6-=--' _2_0_1_1 __ _
ATTEST:
Ra Garza, City S
APPROVED AS TO CONTENT:
~~ ~ Dumbauld, City Manager
I vw:docsNehicles for Hire.Ord
October 7, 2011
TOM MARTIN, MAYOR