HomeMy WebLinkAboutOrdinance 22489-11-2016ORDINANCE NO. 22489-11-2016
AN ORDINANCE AMENDING CHAPTER 34 "VEHICLES FOR HIRE,"
ARTICLE VI "GROUND TRANSPORTATION FOR HIRE," OF THE
CODE OF THE CITY OF FORT WORTH, TEXAS (2015), AS AMENDED,
BY AMENDING SECTION 34-203, "COMPLIANCE CERTIFICATION" TO
REQUIRE AN APPLICANT FOR OR HOLDER OF A VEHICLE FOR
HIRE OPERATING LICENSE TO CERTIFY THAT A NATIONAL
CRIMINAL BACKGROUND CHECK AND DRIVER'S LICENSE CHECK
HAS BEEN PERFORMED ON ALL DRIVERS WITHIN THE PAST
TWELVE MONTHS; PROVIDING THAT NATIONAL CRIMINAL
BACKGROUND CHECKS AND DRIVER'S LICENSE CHECKS SHALL
VERIFY THAT DRIVERS MEET THE CITY'S DRIVER
QUALIFICATIONS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL
CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A
PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Fort Wot�th ("City Council") seeks to protect
the public safety, preserve the quality of life, and promote efficiency within the City; and
WHEREAS, Section 215.004 of the Texas Local Government Code provides that to
protect the public health, safety, and welfare, a municipality by ordinance shall license, control,
and othez•wise regulate each private passenger vehicle, regardless of how it is propelled, that
provides passenger taxicab transportation services for compensation and is designed for carrying
no more than eight passengers; and
WHEREAS, Section 215.004 of the Texas Local Government Code provides that an
ordinance of a municipality regulating passenger taxicab transportation services may include the
regulation of entry into the business of providing passenger taxicab transportation services;
regulation of the rates charged for the provision of the services; establishment of safety and
insurance requirements; and any other requirements adopted to ensure safe and reliable
passenger transpor-tation service; and
WHEREAS, Section 215.073 of the Texas Local Government Code provides that a
home-rule municipality may license, fix the charges or fares made by, or otherwise regulate any
person who owns, operates, or controls any type of vehicle used on the public streets or alleys of
the municipality for carrying passengers or freight for compensation; and
WHEREAS, Section 311.001 of the Texas Transportation Code provides that a home-
rule municipality has exclusive control ovez� the public highways, streets, and alleys of the
municipality; and
Ordinance No. 22489-11-2016
Page 1 of 4
WHEREAS, the City Council finds this Ordinance to be reasonable and necessary;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS, THAT:
SECTION 1.
Chapter 34 "Vehicles for Hire," Article VI "Ground Transportation for Hire," Section 34-
203 of the Code of the City of Foi-t Worth is hereby amended to be and read as follows:
§ 34-203 COMPLIANCE CERTIFICATION.
(a) A Compliance Cei�tification shall be submitted to the Ground Transpoi�tation
Coordinator with each application for an Operating License and one (1) year after
the issuance of each Operating License.
(b) A Compliance Certification shall contain the following language:
(1) I certify that within the past twelve (12) months, the undersigned has
conducted a national criminal background and driver's license check on each
Driver who will operate a Vehicle for Hire under the Operating License to
verify that the Driver meets the qualifications in Chapter 34, Article VI, of the
City Code.
(2) I cei�tify that the undersigned will conduct a national criminal background and
driver's license check before allowing any new Driver to operate a Vehicle for
Hire under the Operating License who has become associated with the
undersigned since the last Compliance Certification to verify that the Driver
meets the qualifications in Chapter 34, Article VI, of the City Code.
(3) I certify that the undersigned shall not allow any Person to operate a Vehicle
for Hire under the Operating License if the Person does not meet the
qualifications in Chapter 34, Article VI, of the City Code.
(4) I certify that within the past sixty (60) days, the undersigned has verified that
all Vehicles that will operate as a Vehicle for Hire under the Operating
License are covered by an insurance policy that meets the requirements of
Chapter 34, Ai�ticle VI, of the City Code and comply with the Vehicle
inspection and emission testing requirements of the State of Texas.
(5) I certify that before allowing any new Vehicle to operate as a Vehicle for Hire
under the Operating License that has become associated with the undersigned
since the last Compliance Certification, the undersigned shall verify that the
Vehicle is covered by an insurance policy that meets the requirements of
Ordinance No. 22489-1 1-20 1 6
Page 2 of 4
Chapter 34, Article VI, of the City Code and complies with the Vehicle
inspection and emission testing requirements of the State of Texas.
(6) I certify that the undersigned shall not allow any Vehicle to operate as a
Vehicle for Hire under the Operating License if the Vehicle is not covered by
an insurance policy that meets the requirements of Chapter 34, Ai-ticle VI, of
the City Code, or the Vehicle does not comply with the Vehicle inspection and
emission testing requirements of the State of Texas.
(7) I hereby cer�tify that the undersigned shall comply with all requirements of
Chapter 34, Article VI, of the City Code and federal, state and municipal laws
in providing Vehicle for Hire Services in the corporate limits of the City.
(c) A Licensee commits an offense and the Operating License is subject to revocation
in accordance with the provisions of this Article if the Licensee knowingly fails to
submit a Compliance Certification to the Ground Transportation Coordinator one
(1) year after the issuance of an Operating License.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of
Fort Woi-th, Texas, (2015), 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 Code are hereby repealed.
SECTION 3.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections 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 pluases, clauses, sentences, paragraphs and sections of this ordinance, since
the same would have been enacted by the City Council without the incotporation in this ordinance
of any such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4.
All rights and remedies of the City of Foi-t Worth, Texas, are expressly saved as to any
and all violations of the provisions of the Code of the City of Fort Worth, or any other
ordinances of the City, that have accrued at the time of the effective date of this ordinance; and,
as to such accrued violations and all pending litigation, both civil and criminal, whether pending
in court or not, under such ordinances, same shall not be affected by this ordinance, but may be
prosecuted until final disposition by the courts.
Ordinance No. 22489-11-2016
Page 3 of 4
SECTION 5.
A violation of any provision of this Article is a Class C misdemeanor punishable by a
fine not to exceed $500.00. Each separate occui7•ence of a violation or each day that a violation
continues shall constitute a separate offense. If an offense defined under this Article does not
include a culpable mental state, then a culpable mental state is not an element of the offense and
the offense shall be one of strict liability. The issuance of a citation shall not limit the Director's
authority to revolce an Operating License or the City's ability to pursue civil remedies as
provided by state law.
SECTION 6.
The City Seci•etary of the City of Fort Worth, Texas is hereby directed to publish the
caption, penalty clause and effective date of this ordinance for two (2) days in the official
newspaper of the City of Fort Worth, Texas, as authorized by Texas Local Government Code,
Section 52.013.
SECTION 7.
All other provisions of Chapter 34, Article VI, of the Code of the City of Fort Worth, as
amended, shall remain in full force and effect, save and except as amended by this ordinance.
SECTION 8.
This ordinance shall talce effect and be in full force and effect from and after the date of
its passage and publication as required by the Charter of the City of Fort Worth, and it is so
ordained.
APPROVED AS TO FORM AND LEGALITY
�
Richard A. McCracicen
Assistant City Attorney
ADOPTED: November 1, 2016
EFFECTIVE: ��,�f�,Yy)}?� f^ �}", �1SLITe
ATTEST:
_�
\ -, �,�-
Mary J.� ys , Ci Secretaiy
Ordinance No. 22489-11-2016
Page 4 of 4
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/1/2016 - Ordinance No. 22489-11-2016
DATE: Tuesday, November 1, 2016 REFERENCE NO.: **G-18870
LOG NAME: 20CITY CODE AMENDING CHAPTER 34 VEHICLES FOR HIRE
SUBJECT:
Adopt Ordinance Amending Chapter 34 "Vehicles for Hire," Article VI, "Ground Transportation for Hire," of
the City Code of the City of Fort Worth, Texas by Amending Section 34-203 "Compliance Certification" to
Require an Applicant for or Holder of a Vehicle for Hire Operating License to Certify that a National
Criminal Background and Driver's License Check Has Been Performed on All Drivers Within the Past
Twelve Months and to Require that National Criminal Background Checks and Driver's License Checks
Verify that Drivers Meet the City's Driver Qualifications (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 34, "Vehicles for
Hire," Article VI, "Ground Transportation for Hire," of the City Code of the City of Fort Worth, Texas by
Amending Section 34-203 "Compliance Certification" to require an applicant for or holder of a Vehicle for
Hire Operating License to certify that a national criminal background and driver's license check has been
performed on all drivers within the past 12 months and to require that national criminal background checks
and driver's license checks verify that drivers meet the City's driver qualifications.
DISCUSSION:
On June 28, 2016, the City Council adopted a new Vehicle for Hire ordinance. The ordinance requires
each company providing vehicle for hire services to make a written certification to the City that the
company has conducted a national criminal background and driver's license check on each driver who will
operate a Vehicle for Hire under the company's operating license. The ordinance further requires each
company to certify that their drivers meet the driver qualifications contained in the ordinance. The
ordinance requires that the background check and driver's license check be performed on each driver
within 60 days of the company applying for an operating license and on an annual basis thereafter.
Requests have been made to eliminate the requirement that the background checks and driver's license
checks be conducted within 60 days of a company applying for an operating license. Removing this
requirement would eliminate the need for companies to perform all background checks within a 60-day
time period. It would also eliminate the requirement that a company perForm a second check on any driver
whose background check was conducted more than 60 days before the company applies for its operating
license.
City staff is recommending a revision to the ordinance to allow the national criminal background and
driver's license checks to be performed every 12 months. A company applying for its first operating
license may still be required to perform a second background check on its drivers to ensure the drivers
meet the City's driver qualifications. Companies will continue to be required to perForm a national criminal
background and driver's license check on any new drivers that the companies hire after obtaining their
operating license.
The proposed amendment contains additional revisions to Section 34-203 to clarify that all background
Logname: 20CITY CODE AMENDING CHAPTER 34 VEHICLES FOR HIRE Page 1 of 2
checks and driver's license checks must verify compliance with the City's driver qualifications.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation, the Transportation and
Public Works Department is responsible for the collection and deposit funds to the City.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
IFundl Department �Accoun� Project (Prog
ID � ID
CERTIFICATIONS:
Submitted for City Manager's Office bv:
Oriqinatinq Department Head:
Additional Information Contact:
vitylBudget
Year
Jay Chapa (5804)
Douglas Wiersig (7801)
Gerald Taylor (6987)
Reference #
Chartfield 2'
Logname: 20CITY CODE AMENDING CHAPTER 34 VEHICLES FOR HIRE Page 2 of 2