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HomeMy WebLinkAbout1990-1850 - Ordinance - 04/26/1990ORDINANCE NO. 18§0 AN ORDINANCE AMENDING CHAPTER 4, SECTION 6, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION RELATING TO THE REG- ULATION OF TAXICABS WITHIN THE CITY OF COLLEGE STATION, TEXAS. WHEREAS, on April 25, 1990, the City Council at its workshop session reviewed possible taxicab regulations~ WHEREAS, the City of College Station City Council met at its regular meeting on April 26, 1990, and found that regulation of taxicabs is in the best interest of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION THAT= Chapter 4, Section 6 of the Code of Ordinances of the City of College Station relating to the regulation of taxicabs operat- ing in the City of College Station is hereby amended to read as follows~ "SECTION 6= TAXICAES, BUSES, AND OTHER VEHICLES FOR HIRE A. DEFINITION The term "taxicab" as used in this section shall mean every automobile, or motor-propelled vehicle, used for the transportation of passengers for hire over the public streets of the City, irrespective of whether or not the operation extends beyond the city limits, at rates for distance traveled, or for waiting time, or for both, or for the trip, or at rates per hour or per day. It is, however, intended by this section to exclude from this definition the owner, lessee, or operator of automobiles or motor vehicles who are operating the same in the City and within a radius of five miles of the city by contract with persons to transport them for part of the expense of such operation, when such expense under such contract is paid by the week, month, or a longer period of time. Also excluded from the definition of taxicab are motor buses operated within the City, under a franchise from the City or by financial support of the City, over a fixed or defined route; motor buses regularly operated in the City to or from points outside of the incorporated limits of the City~ and ambulances operating under permit from this City or from some other City. Also excluded from the definition of taxicabs are llmousines as the term is generally understood as vehicles for hire by the hour. LCNER URED No individual, firm, or corporation shall operate or cause to be operated upon or over the highways, streets, or alleys within the city limits any service car, jitney, taxicab, bus, or other motor vehicle for the transporta- tion of persons as passengers for compensation or hire, unless there has been obtained for such vehicle and ex- isting in full force and effect a license duly issued by the city. It shall be and is hereby declared unlawful to do the hereinabove without the prior license which must be in full force and effect. LICENSE REOUIREMENTS (1) Application An application for a license for the operation of a taxicab service within the City shall be filed with the Accounts Receivable office on a form provided by the City. Applications for renewal of existing li- censes shall be filed on or before December I of each calendar year. Applications for initial ser- vice may be made at any time. The applicant shall provide the following information= (a) Name of company; (b) Address of company; (c) Telephone number of company; (d) If a corporation, name and address of major of- ricers of corporation and major stockholders of corporation; (e) If a partnership, name and address of partners; (f) Description of make, vehicle identification number and license number; (g) Names, addresses, ages, and driver's license numbers for each driver operating vehicles or other identifying number for the company, such information to be kept current during the year. The driving record shall be reviewed for each driver by the Accounts Receivable Office. No driver who has been ticketed for two (2) or more motor vehicle accidents within the past twelve (12) months shall be allowed to drive. Failure to provide such information to the Accounts Receivable office for each driver (h) operating a taxicab within the City shall be grounds for revoking the license of the taxicab company~ Written proof of the good mechanical condition of each vehicle as required by this section; (2) Endorsements Applicants shall file applications with the Accounts Receivable Office with endorsements thereon as follows= (a) Endorsement by a mechanic employed in any garage in either Bryan or College Station to the effect that he has tested the vehicle and finds it safe for the transportation of pas- sengers. An endorsement by the Risk Manager to the ef- fect that he has approved, as suitable, an insurance policy for each and every vehicle providing insurance coverage as herein pre- scribed. Said applicant shall keep in full force and effect during the term of his license a policy of public liability insurance, issued by an insurance company fully authorized to do business in this state and performable in this county, insuring the public against any and all loss or damage that may result to any person or property from the operation of such vehicle or vehicles, provided that the least minimums in amounts for recovery for such policy or poli- cies shall be as follows: Twenty Thousand Dollars ($20,000) due to bodily injury or death of one person in any one accident, and, subject to the limit in the amount of Forty Thousand Dollars ($40,000) because of bodily injury or death to two or more persons in any one acci- dent, and in the amount of Fifteen Thousand Dollars ($15,000) because of injury to or de- struction of property of others in any one accident. This insurance policy shall be is- sued for one calendar year for the year in which the license is to be granted. (c) In addition to the requirements of state law regarding vehicle safety inspection and the requirements of subsection 2(a) herein, the chief of police or his designate shall have the right to inspect all taxicabs licensed or to be licensed under this section to determine if such vehicles meet the minimum following stan- dards: (i) Each vehicle shall be equipped with a fire extinguisher that is in good operating order; (ii) Each vehicle shall be reasonably free from dirt or rubbish and shall be otherwise clean and sanitary; (iii) The vehicle identification number and license number shall be compared to the numbers listed on the taxicab license application for accuracy; (iv) Each vehicle shall have the proper let- tering painted on the door as required by this section. (3) Fee Each application shall be accompanied by a nonrefundable license fee of Twenty-five Dollars ($25) per vehicle to cover the expense of carrying out the provisions of this section. ISSUANCE OF LICENSE The Accounts Receivable office shall issue to each ap- plicant a license or renewal thereof for each vehicle upon the filing of written proof of insurance as required herein and upon a determination that all reqtlirements of this section have been met. The license shall be issued for the period beginning January I and ending December 31. Any new license issued during the year shall begin on the date of issuance and end on December 31 of that year. The license shall state the year for which the license is issued, name of owner or the operator of the vehicle, designating that said vehicle is a taxicab; shall state the make of vehicle, vehicle's identification number, current license number; and that all City taxes on the vehicle have been paid. LICENSE TO BE DISPLAYED The license issued under the provisions of this section shall be displayed in a conspicuous place at all times when the vehicle is in operation and it shall be a vio- lation to fail to do so. Such vehicle shall have painted on the door the name under which it is operated, with lettering not less than two and one-half (2 1/2) inches in height, with such other advertisement as the owner may desire; but it must show that it is a taxicab. The let- tering shall be kept legible at all times. Ge WHO MAY OPERATE VEHICLES (1) No vehicle for which a license has been issued shall be operated by anyone except the licensee thereof, or an employee of the licensee. No person may drive or operate any taxicab unless and until he has provided his name, address, age, and social security number to the Accounts Receiv- able Office. (3) No operator, driver or chauffeur of any taxicab shall operate a motor vehicle for more than twelve (12) hours in any twenty-four hour period. (4) No person under the age of nineteen (19) years shall operate a taxicab. (5) No person may drive any taxicab in the city if he has been finally convicted of a crime that affects his ability, capacity, or fitness required to per- form the duties and discharge the responsibilities of the licensed occupation. LICENSE NOT TRANSFERABLE No license shall be transferable to any other person, firm or corporation, nor shall such license be used for the operation of any vehicle except the vehicle for which eaid license is issued. CHAUFFEUR'S LICENSE REOUIRED No person shall operate a licensed vehicle unless he has, on his person while doing so, a Class C license issued by the State of Texas. (1) It shall be unlawful for any person engaged in the taxicab business to overcrowd the taxicab and thereby endanger the passengers carried therein; the term overcrowded shall mean that the driver is transporting a greater number of people in the ve- hicle than has been recommended by the manufacturer of the vehicle or for whom there is no seat belt, inclusive of the driver. (2) It shall be the duty of the driver of any taxicab to accept as a passenger any person who seeks to so use the taxicab, unless he feels such person is unsafe. No person shall be admitted to a taxicab occupied by a passenger without the consent of the passenger. Je (3) It shall be unlawful to knowingly permit a taxicab to be used in the perpetration of a criminal of- fense. (.].) (2) No taxicab shall be operated unless it is equipped with a meter in good condition to record the amount to be charged on each trip, which amount shall be shown in figures visible to the passenger. Upon paying his fare, each passenger shall be entitled to receive a receipt showing the amount so paid and the name of the company or person operating the taxicab, together with the number of the taxicab if such com- pany or person operates more than one taxicab in the City. Meters are not required if a zoned fare plan is filed in College Station and prominently dis- played in each cab. It shall be unlawful for a passenger to fail or refuse to pay the lawful fare at the termination of a trip. (3) No extra charges shall be made for baggage or par- cels the size of which permits them to be carried in the taxicab. MECHANICAL CONDITION No licensed vehicle shall be operated unless it is in suitable mechanical condition for the safe transportation of passengers over the highways and streets of the City. (i) Violations of this section shall each constitute a separate offense and shall each be punishable as a Class C misdemeanor and shall each be punishable by a fine pursuant to Chapter 1, Section § of this Code. (2) In addition to the penalties provided in this Code for the violation of any of the provisions of its laws, any owner or operator of a taxicab service who permits drivers to operate or drive any vehicle while not properly licensed is subject to the im- mediate cancellation of his license to operate in the city of College Station. However, before such cancellation, the owner shall be given written notice and an opportunity to be heard before the Chief of Police as to why the license should not be cancelled. (3) Any person who drives any taxicab in the City and has been finally convicted of a crime that affects his ability, capacity, or fitness required to per- form the duties and discharge the responsibilities of the licensed occupation shall have his license immediately cancelled. However, before such cancel- lation, the owner shall be given written notice and an opportunity to be heard before the Chief of Police as to why the license should not be can- celled. M. PERIODIC VEHICLE INSPECTIONS AND TESTING REOUIRED Every vehicle licensed under the provisions of this sec- tion shall be tested and inspected every three (3) months by a mechanic employed in a garage in either Bryan or College Station. The licensee shall file with the Accounts Receivable office a signed statement by such mechanic that such test and inspection have been made. Failure to file euch statement shall automatically suspend the license for the vehicle. N. WHEN LICENSE MAY BE SUSPENDED OR REVOKED In case any defendant pleads guilty or is convicted in municipal court of violating any provision of this sec- tion, the prosecutor may, in addition to imposing a fine, also present said conviction to the Chief of Police in order that the license for the vehicle involved be sus- pended or revoked." II. This ordinance shall become effective and be in full force and effect from and after its passage and approval by the City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED and APPROVED this 26th day of April, 1990. ~tary APPROVED