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HomeMy WebLinkAboutOrdinance - 7565-1977 - Amending Chapter 31" Taxicabs And Other Vehicles For Hire" - 10/27/1977ORIDIN!ANCE NO . 7565 .., ~ . AN ORDINANCE AMENDING CHAPTER 31 OF THE CODE OF ORDINANCES, · . ~IG:'Y OF LUBBOCK, TEXAS, ENTITLED "TAXICABS AND OTHER VEHICLES ~ w 1 .FOR HIRE, 11 BY AMENDING SECTION 31-4 THEREOF PROVIDING FOR PRO- HIBITED FURNISHING OF TRANSPORTATION; AMENDING SECTION 31-5 THERE' OF PROVIDING FOR AffiPORT UMOUSINE SERVICE; REPEALING THE PRESENT ARTICLE II THEREOF AND ENACTING A NEW ARTICLE II, ENTITLED "TAXICABS, 11 PROVIDING FOR THE PERMITTING OF TAXICABS. REQUffiEMENT OF TAXIMETERS, IDENTIFICATION OF TAXICABS, INSPECTIO OF TAXICABS, PERFORMANCE BONDS AND INSURANCE, UNLAWFUL ACTS; ... , ADDING A NEW ARTICLE V TO CHAPTER 31 ENTITLED ''LIMOUSINES, 'J PRO- VIDING FOR THE PERMITTING OF LIMOUSINES AND TOURING VEHICLES; PROV.IDING FOR CHARGE FOR SUCH PERMITS; PROVIDING FOR RECORDS AND REPORTS; PROVIDING A SAVINGS CLAUSE AND PROV~ING FOB PUBLICATION. WHEREAS~ the City Council has determined that the changes in permits and regulations for taxicabs and limousines as set forth below would be in the best interest of the citizens of the City of Lubbock~ NOW THEREFORE: BE IT DHDA!NED• BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT Sections 31-4 and 31-5 of Chapter 31 of the Code of Ordinances, City of Lubbock BE and are hereby amended to read as follows: "Sec. 31-4. Transportation similar to taxicab prohibited, except under permit. It shall be unlawful for any person knowingly to provide any transportati by motor vehicle which is operated in the same or similar manner employed by taxicab services~ unless such transportation provided shall be by a duly authorized operation under a permit from the City pursuant to this chapter." "Sec. 31-5. Airport Limousine Service. Any person desiring to operate a service of transportirtg:.passengers to and from the Lubbock International ~port shall make an application in writing to the Airport Board for such permit. Such service shall be permitted only between the airport and hotels, motels and terminals indicated in such permit. The fares for such service shall be set by the Airport Board. Vehicles used in this service shall be clearly marked 11Airport Limousine11 or "Airport Service Only, u Nothing in this section shall prevent the operator or driver of any permitted taxi- cab from transporting passengers to o.o from the airport at authorized taxicab fares. 11 SECTION 2. THAT the present Article II, Entitled:11Taxicab Permits~" of Chapter 31 of the Code of Ordinances, Cit;y of Lubbock BE and is hereby repealed, that a new Article II, Entitled 11Taxicabs, • BE and is hereby enacted in its stead, and shall read as follows: KJ~hw . ·"" i. ~·~~~====~=====~==========================================-=========================--~=== Article II. Taxicabs Sec. 31-10. Required. It shall be unlawful for any person to operate a taxicab business or service for the transportation of passengers for hire, within the cor- porate limits of the city, without first having obtained from the city council a permit to do so. Sec. 31-11. Hearing by the city council--To determine public convenience and necessity. Before any permit to operate taxicabs in the city will be granted by the city council to any person applying under this article, the city council shall hold a hearing to consider whether public convenience and necessity require the proposed taxicab service for which applicatio is made. No permit for additional taxicab service will be granted by the city council unless required by public convenience and necessity. Sec. 31-12. Same--Notice of hearing; cost of notice. When an application under this article is filed with the city secretary i .treasurer; the city council shall fix a time and place for~hearing on the application. Notice of such hearing shall be given, in writing, to the applicant and to all persons holding permits for taxicab services in the city. Due notice shall be given to the public by publication in a news- paper published in the city, cost of such public notice to be borne by the applicant in advance of publication to the city secretary-treasurer. Such notice shall set out the name of the applicant and the nature of the application, kind of equipment proposed to be used and all other pertinent data deemed necessary properly to inform the public, as well as the date, place and hour of the hearing which shall be not less than thirty nor more than forty-five days after the date of first publication. Sec. 31-13. Same--Complaints and protests may be filed. Every holder of a permit for the operation of a taxicab service in the city or any other citizen may file such complaints and protests as such person may deem appropriate touching upon questions of public conven- ience and necessity affected by the applicant's proposed operations. Sec. 31-14. Same--Matters to be· considered. In determining whether public convenience and necessity require the granting of a permit for the proposed taxicab service, the city council shall take into consideration the following matters: (a) Whether the demands of public convenience and necessity requirE such proposed or such additional taxicab service within the city. (b) The financial responsibility of the applicant. (c) The number. kind and type of equipment and the color scheme ~· KJ:hw to be used by the applicant. (d) The number of taxicabs already in operation in the city. (e) Whether existing transportation is adequate to meet the public need. (f) The probable effect of increased service on local traffic conditions. (g) Whether the safe use of the streets of the city by the public, both vehicular and pedestrian, will be endangered unduly by the grantin~ of the proposed additional taxicab service. (h) The character, experience and responsibility of the applicant. (i) Whether the applicant is fit, able and willing to perform trans- portation by taxicab. Sec. 31-15. Content~ of Permits. Every permit submitted to the city council by which the operation of a taxicab service in the city may be granted shall contain the following provisions: (a) That the permit is granted for one year from its effective date, with renewal annually thereafter, unless upon review by the c~ty council it is found that the permit has become subject to forfeiture or cancellation for good cause. For the purpose of review by the city council annually, the city manager shall submit a report as to the per- formance of each permit holder together with such other pertinent information as desired by council. (b) That the holder of every permit shall pay to the city, in quarterly installments, a city permit fee of one hundred dollars for each taxicab permit authorized. (c) That the permit holder will be required to comply with all the applicable terms and provisions of this article and all amendments hereafter made during the terms of the grant. (d) That the permit will be subject to forfeiture and cancellation upon conviction for any violations of thlsl article and upon proper showing that the permit holder has substantially breached the terms of the permit. (e) That the permit will become subject to forfeiture and cancel- lation upon the holder thereof becoming delinquent in the payment of ad valorem taxes upon any vehicle, equipment or other property of .tfte holder used or operated directly or indirectly in connection with the taxicab service. {f) That the permit holder will keep and maintain complete records of all physical properties, daily records of revenues {segregated by drivers and vehicles), daily manifests of all drivers, and. a complete record of all expenses incurred in connection with the actual operation of the taxicab business and maintenance of equipment and of all revenues derived from such business. I (e) That the permit holder will own, lease, contract for or other- wise legally control every taxicab used in the taxicab service for which the permit is authorized. The provisions required above to be written into each permit are not limitations.. and there may be incorporated in any permit such KJ;yh ' additional provisions as in the discretion of the city council properly belong in such permit for the operation of a taxicab service in the City. Sec. 31-16. 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 apj)l.ication to the city for such transfer and approval thereof by action of the city council. Sec. 31-17. Taximeters--Required for all taxicabs; exception as to airport service vehicles. (a) It shall be unlawful for any taxicab, within the City, to be operat- ing for public hire unless it is equipped with a taximeter, which taxi- meter shall be used as provided in this article. {l-) (b) It shall be unlawful for any person owning, operation, driving or in charge of any taxicab within the City, to operate or drive such taxi- cab unless a taximeter is used in determining the fare to be charged, and no other or different fare shall be charged than the fare recorded on the reading face of such taximeter for any trip and no other rates or mehtods of measuring the distance or time charges shall be allowed, except by taximeter as provided by this article. (c) For transportation of passengers to and from the Lubbock Inter- national Airport10 any holder of an airport permit to provide service at the municipal airport may put into service vehicles not equipped with taximeters, such vehicles to be used for such service exclusivelY-·· between the airport and hotels and motels and terminals indicated in such permit plainly marked "AmPORT SERVICE ONLY," or "AmPORT LIMOUSINE11 and fares may be charged which are set by the Airport Board. Nothing in this section shall prevent the operator or driver of any taxicab from transporting passen~ers to the Lubbock International Airport in a taxicab equipped with a taximeter at the rates and fares prescribed by this article. (d) qp.arges may be made for passenger assist·ance with parcels. Sec. 31-17.1 Same--Specifications. Every taxicab having affixed thereto a taximeter shall use a taximeter of a size and design approved by the City Manager and such taximeter shall conform to the following specifications: (a) The taximeter shall be a mechanical instrwnent or device by which the charge for hire of a taxicab is mechanically calculated for distance traveled, for waiting time# if any-10 and upon which such charge shall be indicated by means of clearly legible figures which are elec- trically lighted each time the taximeter jlag is thrown from non-earning to earning position. (b) Every taximeter shall register upon visual counters the following items: KJ~y};) (1) 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 percent incorrect to the prejudice of any passenger. Sec. 31-17.2. Taxicabs to be numbered; display of numbers; number plates. The Permit Holder shall designate a block of consecutive numbers for the taxicabs of each permit holder and from such designation shall give each taxicab a number. The chauffeur license of the driver of the taxicab shall be placed in a location visible to the occupants of the taxicab and shall remain posted there while he is on duty. Sec. 31-17.3. Name of Permit holder to be painted on taxicabs. 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 inches in height and not less than five-sixteenth inch stroke, the name of the taxicab service of such holder, together with the telephone number of the service, and the number of the taxicab. 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. 31-17.4. Requirements for electric identification sign on top of taxicabs. On the top of every taxicab there shall be an electric light sign with the company name or identification sign thereon. Sec. 31-17.5. Each permit holder to have standard colors for taxicabs operated by him. Every permit holder shall adopt standard colors, or combinations of colors, for the taxicabs of such service and shall not operate any taxicab until such taXicab has been painted the colors or combinations or colors adopted by the permit holder. The colors or combination of colors# after being approved by the City, shall not be changed without permission. KJ:vb Sec. 31-17.6. No taxicab color scheme to conflict with or imitate any other color scheme. No taxicab operated under the terms of this article shall bear a color scheme, identifying design, monogram or insignia used on the taxicabs of a permit holder already operating under this article in such manner as to be misleading or tend to deceive or defraud the public. Sec. 31-17.7. Advertising on taxicabs permitted. Subjec t to requirements of identification and provisions of this article, this Code and any other Ordinances of the City regulating the use of the public streets, holders of permits for taxicab services may permit advertising matter to be affixed to or installed.in or on any taxicab of such services. Sec. 31-17. 8. Inspection of vehicles; removal from service of unsafe, unsanitary, unproperly operated, etc." taxi- cabs. Every taxicab may be in spec ted periodically and such intervals shall be established by the City Manager. No taxicab shall be operated which does not comply with all of the following minimum standards: (a) Each taxicab shall conform to all state minimum safety standards. (b) Each taxicab shall be reasonably free of dust, dirt or rubbish, and be otherwise clean and sanitary. (c) No part of the body of such taxicab shall be missing or unreasonably bent or unreasonably dented out of shape. KJ:hw Every such performance bond required by this article shall be in an amount fixed by the foUowing schedule: (a) If the permit holder is authorized to operate five taxicabs or less, the bond shall be in the sum of one thousand dollars. (b} If the permit holder is authorized to operate more than five taxicabs and not more than ten taxicabs, the bond shall be in the sum of two thousand dollars. (c) If the p~rmit holder is authorized to operate more than ten taxicabs and not more than fifteen taxicabs, the bond shall be in the surr of three thousand dollars. (d) If the permit holder is authorized to operate more than fif- teen taxicabs and not more than twenty-five taxicabs, the bond shall be in the sum of four thousand dollars. (e) If the permit holder is authorized to operate more than twenty-five taxicabs, the bond shall be in the sum of five thousand dollars. Sec. 31-18.1. Public liability and property damage insurance--.f "~:. ~:.:. Required; qualification as self-insurer in lieu of insurance. Before the granting of any permit to operate a taxicab service in the city shall become effective, the grantee shall procure and furnish to the city clerk, and thereafter keep in full force and effect, a policy of public liability and property damage insurance, to be approved by the city attorney, and issued in the amounts and under the pro- visions of this article. Every such policy shall insure all of the taxi- cabs owned, leased, contracted for or controlled by the holder of such permit and used in such taxicab service for which a permit has been authorized. Such policy shall insure to the benefit of any person who shall be injured or who shall sustain damage to property, prox- imately caused by the negligence of a permit holder, his servants or agents. The insurer shall be obligated to pay all final judgments which may be rendered in behalf of the public for loss or damage resulting to persons or property from the negligent operation of any such taxicab. Every such policy~.d'f.:.insurance shall be issued by an insurance company organized and existing under the laws of the state, or havilig a valid permit to do business in the state, and having an agent o.r attorney for service in the city. Any permit holder may, in lieu of furnishing such public liability and property damage insurance, qualify under the applicable pro- visions of the laws of the state as a self-insurer for such types of insurance and for the amounts of coverage required in this section, but such permit holder so qualifying shall furnish to the city manager proof of such approval and qualification as a self-insurer. The minimum amounts of liability of public liability and property damage insurance required shall be the following sums: For damages arising out of bodily injury to, or death of, one person in any one accident •••.••••••••••.•••••• $ o:Q,.OOO For damages arising out of bodily injury to, or death of! two or more persons in any one accident .•...••..••• $100,-~000 KJ.:yb • ' For injury to, or destruction of, property in any one accident ...••••..•.•......•.......•..........•....•..•.... $50, 000 Every performance t;>ond required by this article shall provide, and every insurance policy required under this article shall contain an en- dorsement,. that termination of the obligations of such bond and cancella- tion of such insurance policy shall not become effective before fifteen days after notice, in writing, to the city of such termination or cancella- tion. Every bond and every policy of insurance shall run concurrently with the life of the permit held by the person 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. Upon discovery of determination that either the performance bond required of permit holders under this article, or the public liability and property damage insurance required of such holders, has become impair- ed and requires new and additional bond or new and additional insurance, as the case may be, then and in such event the city manager shall require such additional bonds and insurance in such company as appears to him necessary and sufficient to insure a faithful performance by the permit holder, his agents, servants and employees, as well as payment by such holder, his agents, servants and employees, to persons injured by reason of the neglect of such permit holder .. his agents. servants and employees, or by reason of the neglect of such franchise holder, his agents, servants and employees, or by reason of the v,.iolation by such permit holder, in- dividually or through his agents, servants or employees. of any of the pro visions of this Code or any other ordinances of the city of any of the laws of the state or of the United States. Sec. 31-18.2. Records to be kept by Permit holder; reports to be made; tax to be paid. Every holder of a permit to operate a taxicab service in the city under provisions of this article shall establish, keep and maintain a uniform system of records of such business and its operations. The following specific requirements are hereby prescribed: (a) Accurate records of receipts from operations, operating and other expenses.. capital expenditures and such other operating information as may be required by the city manager shall be kept and maintained. Every permit holder shall maintain the records containing such informa- tion and other data required at a place readily accessible for examination at all reasonable times by the city manager or other authorized repre- sentatives of the city having a legitimate official interest in the enforce- ment and administration of this article. (b) Beginning January 1, 1978, each permit holder shall pay to the city, a city permit fee of one hundred dollars for each taxicab permit authorized, payable in quarterly installments in advance. Until January 1, 1978, each permit holder shall continue to pay the same fees as were required to be paid by the ordinances of the city by permit holders prior to the enactment of this article. KJ:hw (d) The exterior and interior paint shall not be unreasonably rusted, flaked or scqtped. (e) The coverings of floors, seats and back and arm r ests shal be repaired of all rips. tears and places where wear through the covering material has occurred. (f) Each taxicab shall be operated by drivers who comply with the requirements of this article. (g) Each taxicab shall be equipped with two-way radio communi cation equipment in proper operating condition capable of transmitting and receiving vocal communication between such taxicab and the dispatching office of the permit holder. If the operation of any taxicab is found not to comply with the requirE - ments of this section, the city manager, any designated city official. or any police officer, may direct that the vehicle be taken out of service until it can be operated in compliance; provided, that the failure of any order of such vehicle to be taken out of service shall not be a defense (bo the violation of this section by the driver and the permit holder when so charged; and that the operation of such taxicab from the place at which the order was issued to the destination re- quired by passengers in the taxicab at the time such order was issued shall not constitute a separate offense. The city manager or his authorized agent will notify the permit holder in writing of such failure, identifying the taxicab by number, the name of the driver and the specific complaint. Sec. 31-18. Performance bond--Required. Before the grant of any permit to operate a taxicab service in the city shall become effective, the grantee 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 having a valid permit to do business in the state, and having an agent or attorney for service in the city upon whom service of process may be had, and such bond shall be in such form and of sufficient financia l stability 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 performance bond as hereinabove described. The performance bond required by this article shall be conditioned as follows: (a) That the holder of the permit shall pay to the city all amounts due under the terms of this article. (b) That the holder of such permit shall pay all fines, assess- ments and judgment levied against the 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. (c) That the holder of such permit shall perform every duty of an operator of taxicabs and a holder of a permit as exists within this article and as this article may be supplemented by regulations duly approved by the city council. KJ:yb Sec. 31-lS.,i. Unlawful to transport persons to abode of prostitute, etc. It shall be unlawful for any driver of a taxicab knowingly to transport any passenger to the abode of a prostitute or knowingly to 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 establish- ments of any character. Violations of this section shall be b~ought to the attention of the permit holder in writing whose service the taxicab driver is employed and repeated occurrences, by the same or other drivers. shall be grounds for revocation and cancellation of the holder's permit. SECTION 3. THAT a new Article V, entitled "Limousines" BE and is hereby added to Chapter 31 of the Code of Ordinances, City of Lubbock, and shall read as follows: Article V. Limousines. Sec. 31-56. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Limousine. Any vehicle other than one rented without a driver, or a taxicab or a touring vehicle or publicly franchised bus used for the trans- portation of passengers for hire, other than for funeral services, not up- on a fixed schedule or over a fixed route. the charge for which is deter- mined by the length of time for which the vehicle is engaged. the distance traveled, a fixed fee or any combination of such me.thods of determining such charge. This shall not include vehicles owned or operated by Motels Hotels and other businesses for the transporting of their guests or em- ployees, but shall include the vehicles of other companies or individuals providing such service under a Contract. Touring vehicle. Any vehicle other than one rented without a driver. or a taxicab or a limousine. or a publicly franchised bus used for the transportation of passengers for hire for sight-seeing or other pruposes other than for tunenaJ:.: services. 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 Sec. 31-57. Applicability of article; compliance with article required. It shall be unlawful for any limousine or touring vehicle to be rented, hired or operated upon the streets of the city, unless the provisions of this article have first been complied with. Sec. 31-58. Permit to operate--Required; application; fee. Every person desiring to engage in the business of operating any limousine or touring vehicle shall make application, in writing, to the city manager on a form provided for that purpose, for a permit to engage in the business specified. Such application shall contain the name. address and telephone number of the true owner of the business KJ:hw ' and the number" types and seating capacity of each vehicle to be operated; shall be sworn to by the applicant and shall be accompanied by a permit fee of ten dollars for each vehicle for which a permit is requested. If the state license number of any vehicle is changed during the permit period such changed number shall be immediately reported to the city manager. Sec. 31-59. Same--Prerequisites to issuance; issuance. The city manager shall issue a permit to all applicants complying with the provisions of this article and shall issue a permit for the operation of all vehicles complying with the requirements of this article. No permit shall be issued unless every vehicle proposed to be used complies with the following minimum requirements: (a) Each vehicle shall comply with all the safety requirements imposed by all state, federal or local laws applicable to the vehicle involved. (b) Each applicant shall procure and keep in full force and effect, a policy of public liability and property damage insurance issued by a casualty insurance company authorized to do business in the state,and·· :::. iri.Jhe1standarrl..fov.m required pursuant to the laws of the state, with the insured provision pf such policy including the city as an insured, and the coverage provision insuring the public from any loss or damage that may arise to any person or property by reason of the operation of a vehicle of such applicant, and providing that the amount of recovery on each such vehicle shall be in limits of not less than the amounts set aut.isl Se~tiop 31-18.1 of this Code. (c) The owner shall have rendered each vehicle for which a permit is sought for ad valorem taxation and shall have paid all delinquent tax charges owing the city upon every such vehicle. Sec. 31-60. Charge for regulation and use of streets--Amount. In addition to all other charges and payments, every person main- taining and operating within the city a limousine or touring vehicle shall pay to the city for the use of the streets and other thoroughfares of the city, and on account of the expense of regulating the activities of such vehicle, two per cent of all gross annual receipts from operations. Sec. 31-61. Same--Payment; to be in addition to regular taxes. AU payments required to be made under this art.l.cle shall be made quarterly., on the tenth day of the months of January. April., July and October for the quarter ending the last day of the month next preceding the month for payment. All payments required to be made under section 31-60 shall be exclusive of and in addition to all ad valorem taxes upon the value of the property of the person operating such vehicle.: and in addition to all lawful occupation taxes imposed upon the occupation or calling of the legal entity operating such vehicle. l)."J':h'W ''· ...... Sec. 31-62. Required records and reports. Every operator of a limousine or touring vehicle shall issue a receipt, in writing, to every person using the services of such operator, .showing the date, time, place of origin and destination, and amount of consideration paid for all such services. One copy of each such receipt issued during the applicable period shall be filed with each report specified in section 31-61. All records and reports prescribed to be maintained and kept under this article shall be pre- served by the operator of every limousine and touring vehicle in a safe place for at least two years after such date and all such records shall be available for examination and inspection at all reasonable times by the director of finance, chief of police and other authorized officials of the city as may be designated by the city manager. SECTION 4. THAT should any section, paragraph, sentence, clause, plu:ase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 5. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the Council on first reading this 27th day of October Passed by the Counc il on second reading this !Oth.day of November ROY BASS, JlfAYQR ATTEST: By:?YJ.'Y:f n. ~ ary • Lindsey APPROVED AS TO FORM: , 1977 , 1977