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HomeMy WebLinkAboutOrdinance 93841 n ORDINANCE NO. ~~O AN ORDINANCE AMENDING CHAPTER 34 "TAXIS, BUSSES, AND OTHER VEHICLES FOR HIRE°', OF THE CODE OF THE CITY OF FORT WORTH (1964), AS AMENDED, BY REVISING ARTICLE I, "TAXICABS" TO PROVIDE QUALIFICATIONS FOR A TAXICAB DRIVER PERMIT; TO PROVIDE FOR ISSUANCE OF A PERMIT AND A PERMIT FEE; TO PRO- VIDE FOR GROUNDS FOR DENIAL OF A PERMIT; TO SET AN EXPIRA- TION DATE FOR PERMITS; TO REQUIRE NOTIFICATION TO THE CHIEF OF POLICE OF CHANGES OF ADDRESS, TELEPHONE NUMBER, AND EMPLOYMENT; TO REQUIRE THE DISPLAY OF THE TAXICAB PERMIT IN THE TAXICAB; TO PROHIBIT THE FORGERY OR ALTERING OF A TAXICAB DRIVER'S PERMIT OR POSSESSION OF A FORGED OR ALTERED PERMIT; TO PROVIDE FOR REVOCATION OF A PERMIT; TO ESTABLISH AN APPEAL PROCEDURE; TO REQUIRE TAXICABS TO BE IN SAFE CONDITION; TO REQUIRE THE NAME OF THE FRANCHISE HOLDER AND THE TAXICAB NUMBER TO BE PAINTED OR DECALLED ON TAXICABS; TO PROVIDE THAT THIS ORDINANCE BE CUMULATIVE; TO PROVIDE A SEVERABILITY CLAUSE; TO PROVIDE FOR PUBLICATION; °"~ TO PROVIDE FOR ENGROSSMENT AND ENROLLMENT; TO PROVIDE A PENALTY CLAUSE; AND TO SET AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 34, "Taxis, Busses, and Other Vehicles for Hire", of the Code of the City of Fort Worth, as amended, be amended by revising Section 34-21 to read as follows: Sec. 34-21. Taxicab Driver's Permit - Required; Application and Information. (a) It shall be unlawful for any person to drive a taxi- cab in the City without having first obtained a taxicab driver's permit from the Chief of Police. (b) To qualify for a taxicab driver's permit, a person must: (1) be at least 19 years of age; (2) be a legal resident of-`<the, United States; (3) hold a valid operator's license issued by the State of Texas; (4) be able to communicate in the English language; (5) not be afflicted with a physical or mental di- sease or disability that is likely to prevent the person from exercising ordinary and reason- able control rover a motor vehicle or that is likely to otherwise endanger the public health- or safety; (6) not have been convicted of more than four moving traffic violations arising out of separate transactions; or involved in more than two auto- mobile accidents in which it could be reasonably determined that the person was at fault, within any 12-month period during the preceding 36 months; P,E ~.. ~~.:%n 3 (7) not be under indictment or have been convicted for any felony or any crime involving theft, prostitution, ,promotion of prostitution, public lewdness, a sexual offense, or a drug-related offense, unless five years have elapsed since the date of conviction or the date of termina- tion of any sentence, parole, or probation, whichever is the later date; (8) not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated (A) within the preceding 12 months, or (B) more than one time within the preceding 7 years; (9) not have criminal charges pending for the of- fense of driving while intoxicated; (10) not be addicted to the use of alcohol or narco- tics; (11) not be subje~.t to any outstanding warrants of arrest; and (12) be recommended by the franchise holder or owner for whom the person proposes to work. (c) To obtain a taxicab driver's permit, a person must file a written application with the Chief of Police on a form provided for the purpose. The Chief of Police shall require each application to state such information as he considers necessary to determine whether an applicant is qualified. (d) The Chief of Police shall require an applicant to submit to a physical examination at the applicant's expense by a reputable licensed physician who is an active member in good standing of the Tarrant County Medical Society or the Tarrant County Osteopathic Society. The applicant shall furnish to the Chief of Police a statement from the physician which certifies that the physician has recently examined the appli- cant and that, in t'he physician's professional opin- ion, the applicant is qualified under (b)(5) and (b)(10) of this Section. (e) The application shall also be accompanied by at least two (2) photographs of the applicant taken within the preceding three months and by statements by at least three (3) reputable persons personally acquainted with the applicant showing the applicant to be a per- son of good moral character. SECTION 2. That Chapter 34 be further amended by revising Section 34-22 to read as follows: Sec. 34-22. Same - Issuance and Permit Fee; Grounds for Denial; Expiration; Change of Address, Telephone Number, and Employment. (a) Upon determining that an applicant is qualified under Section 34-21 and the payment of a permit fee in the -2- amount of Fifteen Dollars ($15.00), the Chief of Police shall issue a taxicab driver's permit to the applicant. (b) The Chief of Police may deny the application for a taxicab driver's permit if the applicant: (1) is not qualified under Section 34-21(b); (2) refuses to submit to or does not pass the medi- cal examination required by Section 34-21(d) or fails to furnish the statement required in that subsection; (3) fails or refuses to furnish the photographs or the statements required by Section 34-21(e); or (4) makes a false statement of a material fact in the application for a taxicab driver's permit. (c) If the Chief of Police determines that a permit should be denied to the applicant, the Chief of Police shall notify the applicant in writing that his application is denied, the reason for denial, and a statement informing the applicant of his right of appeal. The action of the Chief of Police is final unless a timely appeal. is .made. (d) A11 taxicab driver's permits issued by the Chief of Police shall expire on January 1 of the following year. On that date, all persons desiring to drive a taxicab in the City for that year must obtain a new permit by complying with the requirements of Section 34-21 and by paying the permit fee of Fifteen Dollars ($15.00). (e) Any person issued a taxicab driver's permit shall maintain a current address and telephone number on file with the Chief of Police. The holder of a permit shall notify the Chief of Police of any changes in his address or telephone number within five (5) days of the change. (f) If a holder of a taxicab driver's permit should change his employment so that he will be employed by a different franchise holder or operator of taxicabs within the City, he shall notify the Chief of Police within five (5) days of such change. SECTION 3. That Chapter 34 be further amended by revising Section 34-23 to read as follows: Sec. 34-23. Same - Display of Permit; Falsifying a Permit. (a) The taxicab driver's permit shall be prominently dis- played at all times in full view of persons in the back seat of the taxicab being driven by the permit holder. Such permit shall have attached to it a picture of the permit holder, his name, age, and such other information as may be deemed proper by the Chief of Police. -3- (b) A person commits an offense if he: (1) forges, alters, or counterfeits a taxicab dri- ver's permit, badge, sticker, or emblem required by this Article, or (2) possesses a forged, altered, or counterfeited taxicab driver's permit, badge, sticker, or emblem required by this Article. SECTION 4. That Chapter 34 be further amended by revising Section 34-24 to read as follows: Sec. 34-24. Same - Revocation of Permit. (a) The Chief of Police, upon notice and hearing, may revoke the permit of any taxicab driver on any of the following grounds: (1) The permit holder is not qualified under Section 34-21; (2) The permit holder has violated or failed to comply with any other provision or requirement of this Article; (3) The permit holder has made a false statement or representation of a material fact on the permit application submitted to the Chief of Police. (b) If the Chief of Police revokes a permit, he shall send to the permit holder written notice of his action, the reason for the revocation, and the right of appeal. The decision of the Chief of Police is final unless timely appeal is made. (c) After receipt of notice of revocation, the permit holder shall immediately discontinue driving a taxi- cab for hire within the City and shall surrender his taxicab driver's permit to the Chief of Police. How- ever, if the permit holder appeals the revocation, the permit holder may continue to drive a taxicab for hire pending the appeal and shall comply with the decision of the appeal hearing officer. SECTION 5. That Chapter 34 be further amended by revising Section 34-25 to read as follows: Sec. 34-25. Same - Appeal. (a) A person may appeal a denial of a taxicab driver's permit or the revocation of a taxicab driver's permit if he requests an appeal in writing, delivered to the City Manager not more than ten (10) days after notice of the action of the Chief of Police is received. (b) The City Manager or his designated representative shall act as the appeal hearing officer in an appeal hearing under this Section. The hearing officer shall -4- ~, .,~ give the appealing party an opportunity to present evidence and make argument in his behalf. The formal rules of evidence do not apply to an appeal hearing under this Section, and the hearing officer shall make his ruling on the basis of a preponderance of the evidence presented at the hearing. (c) The hearing officer may affirm, modify, or reverse all or part of the action of the Chief of Police being appealed. The decision of the hearing officer is final. SECTION 6. That Chapter 34 be further amended by revising Section 34-26 to read as follows Sec. 34-26. Taxicabs to be In Safe Condition; Name and Number to be Painted on Taxicabs. (a) No taxicab shall be driven or operated upon the streets of the City unless the same is in safe cond i- tion, is free of mechanical defects, and has brakes in excellent condition. Every taxicab shall have a valid state inspection sticker and shall be equipped as required by state law and this Article. (b) Every taxicab driven or operated upon the streets of the City shall have painted upon its rear and both sides, in letters and numbers more than six (6) inches in height and three (3) inches in width, the trade name of the organization under whose grant such taxicab is being operated and the number assigned to such taxicab by said org anization. Such letters and numbers shall be visible on each taxicab and shall be applied by the use of permanent, non-washable paint of a contrasting color, or by use of permanent and contrasting-color decals, and such letters and numbers shall not at any time be covered with any substance, material, or other object that would prevent the same being seen, or in any way obscure their visibility. Each franchise holder or taxicab operator shall keep current records of the number assigned to each taxicab, and such record s shall at all reasonable times be open to inspection by the Chief of Police or any police officer of the City. SECTION 7. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1 964) , as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Cod a are hereby repealed. -5- w . ~ ,f / ~ SECTION 8. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 9. That the City Secretary of the City of Fort Worth is hereby directed to publish the caption and penalty clause of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, as authorized By Article 1176b-1, Revised Civil Statutes of Texas. SECTION 10. That the City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and the penalty clause in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 11. That any person violating any of the provisions of this ord fi- nance shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted, and each violation shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00). -6- _:.,~ ~: .; }; _ SECTION 12. This ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: J oZ~ ~~ EFFECTIVE: It -7- ::~...~.~:~ J -ITY ~it~ of ' F'~rt S%~orth, texas !~C^~1 dt~:.,. ; Tfiilt:`'FC!iTg7lt~ry~'vti9(tC•~.ORK:•/~yV11~~~U ~~~..1Y ~®4/IY~~~~ ~®~~~~~V./~~W®~1V H°(kR ApM1NIS7RAT'N+P+ ~~~-~ x ~'OL1Cu AD"AICI:STRA'tl GATE REFERENCE NUMBER SUBJECT en men ~ e dX1Ca Ordinance as Contained in Chapter 34 PAGE 1 5/21/85 **G-6345 of the Code of the City of Fort Worth '°'-- !v. 7; Since its initial adoption in the 1950's, the City's comprehensive "Taxicab Ordinance, Code Chapter 34, has been amended periodically, as sections have become obsolete. The changes proposed to be made herein in Sections 34-21 through 34-26 pertain to the issuance and revocation of driver permits and are -necessary because of difficulty of enforcement of the present regulations. The revisions and additions, as shown in draft ordinance in Attachment "A", will clarify the provisions of the original ordinance and enhance enforcement efforts. The revisions include and provide for. 1. Establishment of higher minimum requirements for obtaining a driver per- mi t, 2. Criteria for denial and/or revocation of a driver permit, 3. Development of a "due-process" system of hearings and appeal for permit denial/revocation, 4. Increasing the costs of permit process, and 5. Improvement of taxicab safety and identification clauses. Numerous meetings have been held between the City's administrative staff, Police and Law Departments and representatives of the taxicab industry, and all of these entities are in agreement that this amendment to Chapter 34 will assist in the orderly issuance of taxicab driver permits and will enable more efficient enforcement of ordinance provisions. Recommendation It is recommended that the City Council adopt the attached ordinance amending Chapter 34, "Taxis, Busses and Other Vehicles for Hire," of the City Code of Fort Worth (1964), as amended. RHA iss gpp~p~Ep BY Attachment G~TY Co~~~~~ MAY 27 1985 ~~ )~~u~~ ----------__~~x~'~` City Secretary of the City of Fo,~ ~jT~ SUBMITTED FOR THE 7 ) ~ CITY MANAGER'S ~ ~ ~ f DISPOSITION BY COUNCIL: AP ROV D PROCESSED BY /~l :1.. f1FFICF BY ^ P E ORIGINATING DEPARTMENT HEAD• Wade Adkin$ Q OTHER (DESCRIBE) CITY SECRETARY FOR ADDITIONAL INFOR ATI N ~ `Aughinbaugh Ext 6798 TA Adopted Ordinance Yo. AT CON CT D E