HomeMy WebLinkAboutOrdinance 17412-02-2007ORDINANCE NO. 17412-02-2007
AN ORDINANCE AMENDING CHAPTER 34, "VEHICLES FOR HIRE"
ARTICLE VI "GROUND TRANSPORTATION FOR HIRE," OF THE
CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED,
TO REFLECT THE PROCEDURAL CHANGES IN GRANTING
AUTHORITY TO OPERATE A VEHICLE FOR HIRE ON THE PUBLIC
STREETS, ALLEYS, AND THOROUGHFARES OF THE CITY OF FORT
WORTH; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING
FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the legislature has found that to protect the public health, safety, and
welfare, a municipality by ordinance shall license, control and otherwise regulate each
private passenger vehicle, regardless of how it is propelled, that provides passenger
taxicab transportation services for compensation within the jurisdiction of the
municipality; and
WHEREAS, section 215.004 of the Texas Local Government Code provides that
such an ordinance 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 transportation service; and
WIEIEREAS, the City commissioned a consultant to perform a study to determine
the best possible regulatory system for the City of Fort Worth's taxicabs, shuttles, and
limousines; and
WHEREAS, the study addressed issues concerning the quality of service;
operating authority of taxicab, shuttle, and limousine services; fares; fees; administrative
licensing issues; payment options; and regional coordination of ground transportation;
and
WHEREAS, based on the recommendations indicated in the above referenced
study, the City of Fort Worth deems it necessary and appropriate to amend Chapter 34 of
the Fort Worth City Code to revise the process and procedures for regulating passenger
transportation service in Fort Worth.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, THAT:
SECTION 1.
Chapter 34 "Vehicles for Hire," Article VI "Ground Transportation for Hire," of the
Code of the City of Fort Worth, Texas (1986), as amended, is hereby further amended to
read as follows:
DIVISION 1. GENERAL PROVISIONS
Sec. 34-200. Definitions.
Alternative Fuel Vehicle shall mean (i) any vehicle using an alternative fuel as
defined by the Energy Policy Act of 1992 or being powered by hybrid-electricity; (ii) any
vehicle that meets Tier 2 Bin 1-3 emission standards as defined by the U.S.
Environmental Protection Agency; or (iii) any vehicle that is retrofitted to use U.S.
Environmental Protection Agency or California Air Resources Board verified aftermarket
technologies that reduce emissions.
Approved Adjustment means the number of vehicles or percentage of vehicles by
which a holder is authorized to increase or decrease his fleet not more than one time
each year during the term for which the holder has authority under this ordinance. For
taxicabs and shuttle service, this range shall be within ten percent (10%) of the number
of authorized vehicles as specified in the operating authority. Limousines shall be
allowed an increase or decrease of up to five (5) vehicles. Horse-drawn carriages shall
be allowed an increase or decrease of up to two (2) carriages. Pedicabs shall be allowed
an increase or decrease of up to two (2) pedicabs.
Bench Test means a test of a taximeter head alone, except that the gearbox (i.e.,
the change gears designed to compensate for tires of different sizes) may be attached.
Board shall be the "Vehicle for Hire Review Board" composed of a four member
panel including: (i) the Director of Transportation and Public Works, or his designee,
who shall hold place number 1; (ii) the Director of Public Events, or his designee, who
shall hold place number 2; (iii) one representative of the local ground transportation /
hospitality industry who shall be appointed by the Ground Transportation Coordinator to
place number 3, and shall serve a term of two (2) years; (iv) the Ground Transportation
Coordinator shall hold place number 4 and shall be an ex-officio, non-voting member.
The Board shall be staffed by appropriate employees from the Fort Worth Municipal
Court. The Board shall make recommendations for approval or denial of grants of
operating authority for shuttle and taxicab service.
City means the City of Fort Worth.
City Council shall mean the governing body of the City of Fort Worth.
City Manager means the individual appointed to that position by the City Council
of the City of Fort Worth, Texas, together with all assistant city managers and such other
individuals as may be designated by the City Manager.
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Classic Limousine means a stretch or executive service limousine that is twenty-
five (25) years of age or older. Age of the vehicle shall be calculated from the first day of
January of the model year.
Coordinator or Ground Transportation Coordinator means an employee of the
Ground Transportation Office designated by the Director to administer and enforce the
ground transportation program.
Cruising means any movement of a taxicab over the streets of the city without a
passenger occupying the taxicab for the purpose of being hailed by a prospective
passenger.
Decal means apre-numbered label made to be transferred to glass and issued
by the Ground Transportation Coordinator to indicate a vehicle for hire that has the
authority to operate in the city of Fort Worth.
Defensive Driving Course means a driving safety course as provided in the
Texas Transportation Code.
Department means the department or division designated by the City Manager to
enforce and administer this article.
Director means the department head assigned the responsibility for supervising
the City's ground transportation services.
Dispatch Trip means a taxi or shuttle trip originating with a Holder and conveyed
to the driver.
Driver means the individual who drives or operates a vehicle for hire.
Driver's Permit means the picture identification card issued by the City to a
person who is authorized to operate a vehicle for hire pursuant to the operating authority
as provided in this article. A driver's permit shall be issued for a period of two (2) years,
renewable under the provisions of this article.
Hearing Officer means the person who is appointed by the City Council to act as
the Hearing Officer in municipal court.
Holder or Grant Holder means a person, association or corporation that is
granted authority to operate a vehicle for hire under this article.
Horse-drawn Carriage means a chauffeured non-motorized vehicle drawn by a
horse and used to transport persons for hire that typically operates in designated areas
or on approved routes.
Horse-drawn Carriage Stand means a public place reserved exclusively for use
by horse-drawn carriages.
Initial Mileage, Time interval or Drop means the mileage or time interval
corresponding to the initial drop.
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Legal Resident means a citizen of the United States or a person residing in the
United States in accordance with federal immigration laws.
Limousine means a luxury sedan or luxury truck that has the manufacturer's
rated seating capacity of not more than fifteen (15) passengers excluding the driver
and/or is approved by the Ground Transportation Coordinator to be used as a limousine
to transport a person on apre-arranged basis.
Log means a computerized record of performance indicating trip requests,
including the date and time of the trip request, pickup location, time that the call was
dispatched to a cab, cab number of the driver accepting the call and pickup time. These
trip records should be subject to outside review as may be needed to verify the accuracy
of the logs.
Luxury Sedan means a motor vehicle that (i) is designated by the manufacturer
as a full-size sedan that has at least four (4) doors; (ii) has a rated seating capacity of six
(6) passengers or less, excluding the driver; (iii) whose interior and exterior, including all
parts, features, appointments, equipment and accessories, are in excellent condition
both in operation and in appearance; and (iv) is approved by the Ground Transportation
Coordinator for use as a luxury sedan.
Luxury Truck means a motor vehicle modified to be a stretch limousine that (i) is
designated by the manufacturer as a truck or sport-utility vehicle; (ii) after modification,
has seating capacity for at least four passengers, excluding the driver; (iii) whose interior
and exterior, including all parts, features, appointments, equipment, and accessories,
are in excellent condition both in operation and in appearance; and (iv) is approved by
the Ground Transportation Coordinator for use as a stretch limousine.
Minimum Fleet Operation shall mean the minimum number of taxicabs a holder
may be authorized to operate under this ordinance. Upon issuance of operating
authority, a holder must maintain in service at least eighty-five percent (85%) of his
operational fleet to and from any point inside of the city that is accessible by public
street.
Motor Vehicle means every motor-propelled vehicle used for the transportation of
persons over the public streets of the city.
Operate a Vehicle for Hire means the driving of a vehicle for hire for which
operating authority has been granted to transport a passenger in the city for a monetary
fare, excluding vehicles involved in an organized pool that are not available to the
general public.
Operator shall mean the same as the term "holder" defined herein.
Operating Authority means the privilege to operate vehicles for hire service within
the city of Fort Worth, as such privilege is granted by the City under this article.
Owner means the person to whom authority is granted to operate vehicles for
hire service under this article.
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Pedicab shall mean anon-motorized vehicle with three (3) or more wheels
propelled exclusively by human power.
Pedicab Stand shall mean a public place reserved exclusively for use by
pedicabs.
Person means an individual, corporation, government or governmental
subdivision, agency, trust, partnership, or two (2) or more persons having joint or
common economic interest.
Preapproved Regularly Scheduled Basis means a shuttle service operating on a
predetermined schedule with a fixed point of pickup and with a final destination located
within a fixed zone or sector, all of which have been approved by and on file with the
ground transportation office.
Preapproved Route means a shuttle service operating on a predetermined
schedule with fixed pickup and destination points located on a route approved by and on
file with the Ground Transportation Coordinator
Public Necessity and Convenience means the factors the City considers in
granting authority to operate passenger vehicle service under this ordinance, which shall
include, but not be limited to: (i) demonstrated need for the proposed number of vehicles
to ensure adequate availability of service in Fort Worth; (ii) demonstrated performance in
providing satisfactory service; (iii) demonstrated performance in providing satisfactory
response times; (iv) the capability of the company to improve service in the city; (v) logs
evidencing demonstrated compliance with taxicab utilization rates evaluated using a
guideline of eight (8) Fort Worth trips per cab per day, with at least two-thirds .of the trips
being by dispatch or contract; and (vi) any other factors the City deems relevant for
granting such authority.
Road Test means a test similar to a wheel test or bench test, except the
taximeter mechanism is actuated as a result of cab travel.
Prearranged means an appointment made by a regulated service with a
passenger to provide service that was initiated by a person contacting the regulated
service by telephone, correspondence or other oral or written communication.
Shuttle Service means business of offering or providing transportation for hire by
a shuttle vehicle when the driver is furnished as part of the service and the service is
offered on apre-approved route.
Shuttle Vehicle means avan-type motor vehicle that has a manufacturer's rated
seating capacity of not less than seven (7) passengers and not more than fifteen (15)
passengers including the driver, and is used for the transportation of persons from one
location in the city to another location either inside or outside the city.
Specialty Limousine means a stretch or executive service limousine that has
been modified to accommodate a special feature, such as a hot tub, or enhanced by
altering its appearance to provide a distinctive design, such as with a kit to replicate a
classic vehicle.
Street means any street, alley, lane, public place or highway within the .city of
Fort Worth.
Stretch Limousine means a luxury sedan with a wheelbase that has been
extended not less than twelve (12) inches from its original length and has a rated seating
capacity of fifteen (15) passengers or less, including the driver, and is approved by the
Ground Transportation Coordinator for the use as a stretch limousine.
Taxicab means a chauffeured motor vehicle used to transport persons for hire
that typically operates on irregular routes, irregular schedules and on acall-and-demand
basis, but does not include:
(1) A vehicle being operated pursuant to a franchise, grant of privilege, or
permit issued by the City for another type of service as may be from time
to time classified and defined by ordinance or otherwise; or pursuant to a
franchise or permit legally issued by the railroad commission of the state;
or pursuant to permission duly granted by proper authority of the City for
a vehicle to operate over a regular route upon a set schedule; or a vehicle
being operated as a chartered bus under a contract to carry twelve (12) or
more passengers.
(2) Vehicles being used as ambulances.
(3) Vehicles rented or leased for self-operation by the persons actually
driving the same, unless such a vehicle is transporting persons for
compensation other than the one who actually rented or leased the same.
Taxicab stand means a public place reserved exclusively for use by taxicabs.
Taximeter means a device that mechanically/electronically computes and
registers in dollars and cents for viewing by the passenger, the fare based upon the
distance traveled, the time the taxicab is engaged, or any other basis for charges which
are specified in the operating authority or rate ordinance pertaining to a taxicab grant of
operating authority.
Traffic Engineer shall mean the Director of Transportation and Public Works, or
an employee of the department appointed by the Director of Transportation and Public
Works who has authority to exercise the powers and duties provided by Chapter 22 of
the Code of City of Fort Worth (1986), as amended, and any other ordinance of the City
relative to traffic.
Transfer shall mean any form of sale, conveyance, assignment, lease, sublease
or merger involving a holder of a grant of operating authority, and shall specifically
include, but shall not be limited to:
(1) Any change in limited partnership interests, non-managing limited liability
company interests, or voting or non-voting stock representing more than
fifty (50) percent of the equity interests of the holder; and
(2) Any option, right of conversion or similar right to acquire interests
constituting control without substantial additional consideration.
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Vehicle for Hire shall mean every chauffeured vehicle, other than mass transit
vehicles or vehicles involved in an organized car pool not available to the general public,
which is operated for any fare or compensation and used for the transportation of
passengers over city streets. Such vehicles shall include, but are not limited to taxicabs,
vans, motorcoaches, buses, limousines, stretch limousines, classic vehicles, luxury
vehicles, horse-drawn carriages and pedicabs.
Waiting Time means all time when a taxicab is not in motion, or is not occupied
by a passenger, or the time consumed while standing at the direction of the passenger
or person who engaged the taxicab.
Wheel Test or Meter Test means a test of the entire taximeter assembly when
mounted in a vehicle, the mechanism being actuated by the mechanical revolution of the
vehicle wheel while the cab remains at rest.
Sec. 34-201. Scope of Article.
(a) This article governs the operation of vehicles for hire and ground
transportation services under an operating authority. This article,
however, is not a limitation on the power of the City Council to incorporate
special provisions relating to the operation of the vehicle for hire services.
To the extent that a special provision conflicts with this article, the special
provision controls.
(b) This article does not apply to a vehicle for hire service or to a person
operating a vehicle for hire service that is:
(1) To transport a person from a point outside the city to a destination
inside the city if the vehicle for hire service leaves the city without
receiving a new passenger inside the city;
(2) Rated under state or federal authority unless subject to the City's
regulatory authority; or
(3) Rated for a funeral home in the performance of funeral services.
Sec. 34-202. Operating Authority Required.
No person shall drive, operate or cause to be operated, nor shall any person employ,
permit or allow another to drive, operate or cause to be operated any vehicle for hire
over any street in the city for the purpose of transporting a passenger or passengers for
compensation, nor shall any person accept compensation for such transportation of
passengers without first having obtained operating authority from the City authorizing
such operation and acts under this article. A holder's operating authority is not
transferable or assignable.
Sec. 34-203. Application.
(a) Any person desiring authority to operate vehicles for hire in the city shall submit
an application on a form provided for that purpose to the ground transportation
office. If application is for taxicab or shuttle service, the application shall be
submitted to the Board for review. If application is made for limousine, pedicab or
horse-drawn carriage service, the application shall be reviewed by the Ground
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Transportation Coordinator. The applicant must be the person who will own,
control, or operate the proposed vehicle for hire service. Each application must
contain the following:
(1) The name, age and address of the applicant, if a natural person, or, if a
corporation, its name, date and place of incorporation, address of its
principal place of business and the names of all its officers, directors and
persons with an economic interest, together with their respective
addresses, as well as a certified copy of the articles of incorporation, the
trade name, if any, under which the applicant proposes to operate and the
address of the place or places of business from which the applicant
proposes to operate.
(2) A description of each vehicle the. applicant proposes to use in providing
vehicle for hire service, including, but not limited to, each vehicle's year,
make, model, type, seating capacity, condition of each vehicle for hire
proposed to be operated, the design and color scheme of each vehicle for
hire and the lettering and marks to be used thereon.
(3) The number of vehicles for hire for which operating authority is desired,
which shall not be less than the minimum number of vehicles as required
by this ordinance. This number should include the approved adjustment
as set forth in Section 34-200 of this ordinance to allow for reduction or
increase in the number of authorized vehicles.
(4) A full and complete statement of all the applicant's assets and liabilities.
(5) A full list of any unpaid judgments of record against applicant, which list
shall include the name and address of the owner of the judgment and
amount of the judgment; and, if the applicant is a corporation, a full list of
any unpaid judgments against any of the officers and directors, which list
shall include the name and address of the owner of the judgment and the
amount of the judgment.
(6) The make and model type of meter to be installed on each vehicle for hire
if required, for which application of the operating authority is made.
(7) A full list of any and all liens, mortgages and other encumbrances on the
vehicles for hire and other equipment to be used in providing service,
which list shall include the amount secured by a lien, mortgage or other
encumbrance, the amount then due thereon, the character of such lien,
mortgage or other encumbrance and the name and address of the holder
of such lien, mortgage or other encumbrance.
(8) A list of all convictions of the applicant for violations of any and all federal,
state or municipal laws. The applicant must not have been convicted
twice within a two (2) year period for violations under Section 34-215 of
this chapter; if the applicant is a corporation or other business entity, a list
of all convictions of all officers, members and directors of the corporation
or entity and persons with an economic interest in the operating authority
for violations of any federal, state or municipal laws.
(9) Full information pertaining to the extent, quality and character of the
service the applicant proposes to render. This shall include, but not be
limited to the communication system, frequencies, dispatch staffing and
procedures, vehicle maintenance, driver training, safety program and
procedures for handling customer complaints or lost items.
(10) Facts indicating Public Necessity and Convenience as defined in this
ordinance for such service with consideration given to the following
factors may include but are not limited to:
i. Operational information demonstrating applicant's record in
providing satisfactory passenger service;
ii. Demonstrated need for the proposed number of vehicles to
ensure adequate availability of taxicabs for dispatch service and
taxi stands, taking into account vehicle utilization rates using a
guideline of eight (8) Fort Worth trips per cab, per day, with at
least two-thirds of the trips being by dispatch or contract;
iii. Dispatch logs or other records indicating customer wait times and
on-time performance for customers making advance reservations
for geographic areas of the City;
iv. Overall trip volume, trip volumes for Fort Worth-authorized
taxicabs, and trip volumes for Fort Worth pick-ups, with such
records being subject to independent review;
v. Geographic distribution of trips in the city, and for companies not
currently authorized in Fort Worth, the geographic distribution of
trips in the region;
vi. Applicant's ability to demonstrate need through a proposal
indicating potential effectiveness, and marketing plans for the
period of time covered by the operating authority;
vii. Applicant's or Holder's process for compiling or maintaining a Log
of performance, events, trips, and dispatches; and
viii. Any other factor the Board or the City Council deems relevant.
(11) A full and complete statement of the experience, if any, the applicant has
had in rendering such services in the city or elsewhere; and, if the
applicant is a corporation or other business entity, a full and complete
statement of the experience the officers, members and directors have had
in rendering such service in the city or elsewhere. The statement must list
all previous denials, revocations or forfeitures of permits, franchises or
other operating authority for such services, the dates, locations and
reasons.
(12) Any such other and additional information as may be required by the
Board or the City Council in its discretion.
(b) A nonrefundable application fee must accompany the application. Upon request
by the City, applicant shall furnish to the City additional copies of its application
as the City may require for the review and consideration of same.
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(c) In addition to the requirements set forth in Sections 34-203 and 34-206,
applications for operating authority made by taxicabs and shuttle services after
the adoption of this ordinance for any new company or any existing company
desiring to increase its fleet beyond the maximum number of authorized vehicles,
may be recommended for approval if the applicant or holder demonstrates the
Public Necessity and Convenience as defined by this ordinance for the operation
of additional vehicles in Fort Worth. Such additional vehicles must either be (i)
licensed in Dallas or (ii) dedicated to Fort Worth and neighboring areas.
Applications for increase beyond the maximum number of authorized vehicles for
limousines, horse-drawn carriages or pedicabs, may be recommended for
approval if the applicant or holder demonstrates sufficient need for the operation
of additional vehicles in Fort Worth.
Sec. 34-204. Hearing on Application; Factors to be Considered Prior to Issuance.
(a) Upon receipt of a completed application for issuance of operating authority, the
Ground Transportation Coordinator shall promptly notify in writing all holders
requesting to be notified of applications for issuance, informing them that the
application may be reviewed at a specified location at the City of Fort Worth for
fifteen (15) days from the date the Coordinator mails notifications. If application is
made by taxicab or shuttle service, after the expiration of fifteen (15). days, the
Board shall hold a public hearing on the proposed service. The Board shall set
the time and place for the hearing. If application is made by a limousine, horse-
drawn carriage or pedicab service, the Coordinator shall make a
recommendation for issuance of operating authority. In determining whether or
not to recommend the granting of operating authority, the Board or the
Coordinator shall consider, among other things, the following items:
(1) Probable permanency and quality of the service offered by the applicant,
the experience of the applicant in rendering such service in the city or
similar service elsewhere, and the past record and experience of the
applicant in adjusting claims and paying judgments, if any, to claimants;
(2) The financial ability of the applicant to provide the service described, and
to respond to claims or judgments arising by reason of business
operations, injury to persons or damage to property resulting from
operation of a vehicle for hire service;
(3) The character and condition of the vehicles for hire to be used;
(4) If the applicant is a corporation, the qualification of the officers, directors
and persons with an economic interest making such application, and each
of the above enumerated items as applied to each of the stockholders,
officers and directors;
(5) The character and past record of the applicant and, if the applicant is a
corporation or other business entity, the character and past record of its
officers, directors, members and stockholders;
(6) Whether the vehicles subject to the request are either licensed in Dallas or
dedicated to Fort Worth or neighboring areas;
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(7) Such information as presented during any public hearing that may bear
on the Public Necessity and Convenience as defined by this ordinance
and the ability of the applicant to provide service.
(b) Within thirty (30) days after the public hearing or consideration of the application,
the Board or the Coordinator shall approve or deny the application for issuance
of operating authority. If the Board or the Coordinator approves the application,
such application shall be forwarded to the City Council for adoption of the
findings of the Board or the Coordinator with a recommendation to issue
operating authority. If the Board or the Coordinator denies the application, then
that decision is final unless appeal is made with the Hearing Officer in
accordance with Section 34-207 within ten (10) business days after the final
decision of the Board or the Coordinator.
Sec. 34-205. Action by City Council; Issuance of Operating Authority to be by
Ordinance; Publication.
(a) The evidence taken at a hearing held pursuant to section 34-204 of this chapter,
or the information submitted to the Ground Transportation Coordinator, and every
finding or opinion made by the Board or the Coordinator, shall be the finding or
opinion of the City Council itself when presented to the City Council in open
meeting and adopted, approved or confirmed by the City Council.
(b) If the City Council finds the public necessity and convenience require the
operation of the number of vehicles for hire applied for, or of a lesser number,
and the applicant is qualified to conduct the business, and that the general
welfare of the citizens of the city will best be served by addition of the specific
vehicles for hire contained in the application, and that all other requirements of
this article have been fully complied with by the applicant, then the City Council
shall, by ordinance, grant to the applicant the privilege of operating authority for
the operation of the number of vehicles for hire within the city specified by the
City Council. If the City Council denies the application, then operating authority
shall not be issued.
(c) Unless otherwise previously granted prior to the adoption of this ordinance,
operating authority shall not be issued for a period exceeding three (3) years.
The applicant must submit the required fees at the time of acceptance of the
operating authority. The operating authority shall not become effective if the
required fees are not submitted.
(d) Notwithstanding section (c) above, all grants of operating authority issued under
this section shall be by ordinance and shall be accepted in writing by the
grantees, and before taking effect, a descriptive summary of the ordinance
granting such authority and the penalty for violation of its provisions shall be
published twice in the official newspaper of the City.
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Sec. 34-206. Increase or Reduction in Specified Number of Vehicles for Hire;
Annual Review.
(a) The applicant for any operating authority for vehicle for hire service under the
terms of this chapter shall be authorized to operate in the city only the number
and type of vehicles for hire specified in such operating authority, including the
approved adjustment. The holder may request to increase or decrease his fleet
within the approved adjustment not more than one time for each year he is
authorized to operate under this ordinance. If the holder desires an increase or
decrease within the approved adjustment, the holder shall notify the Coordinator,
and the Coordinator shall determine whether or not such increase or decrease is
authorized based on the factors set forth in Sections 34-203 and 34-204 of this
chapter.
(b) If demand periods require the operation of additional or less vehicles for hire
which exceeds the holder's approved adjustment, then, the holder may request
an adjustment in the number of authorized vehicles. If the request is for taxicab
or shuttle services, the holder shall submit a written request, together with any
written documentation to substantiate the reasons for an increase or decrease in
the number of vehicles in his fleet to the ground transportation of>'ice for review
by the "Vehicle for Hire Review Board" indicating the reasons for additional or
less vehicles. After a public hearing, the Board shall make recommendations to
the City Council for approval as to any necessary adjustments in the number of
vehicles. If the request is for a limousine, horse-drawn carriage, or pedicab
service, the holder shall submit a written request to increase or decrease the
number of authorized vehicles to the Ground Transportation Coordinator
indicating the reasons for additional or less vehicles. The Board or the
Coordinator, respectively, shall make recommendations to the City Council.
(c) If the City Council finds that the public necessity and convenience require the
reduction or addition of vehicles for hire, then it shall authorize the holder to
reduce or add to his fleet a designated number of vehicles for hire. After such
authorization by the City Council and acceptance by the holder, the holder may
operate only the number of vehicles for hire specified in the operating authority
originally granted to it, plus the number of vehicles for hire it is authorized to add
to its fleet as set out above, or the holder may operate only the number of
vehicles as specified after the approved reduction. If the Board or the
Coordinator denies a holder's request to increase or decrease its fleet, that
decision is final unless appeal is made with the Hearing Officer in accordance
with Section 34-207 within ten (10) business days after the final decision of the
Board or the Coordinator.
(d) The Board shall review the approved adjustment of each holder's application for
operating authority for taxicabs and shuttle service on an annual basis. If the
Board determines that modifications are required to the number of vehicles in
any holder's fleet, and the modified number exceeds or is less than the approved
adjustment, then after notice to the holder(s) and a public hearing in accordance
with Section 34-204(a), the Board shall make recommendations to the City
Council for approval as to any necessary adjustments. If the City Council finds
that the public necessity and convenience require the reduction or increase in the
number of vehicles for hire, then it shall require the holder to reduce or add to his
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fleet a designated number of vehicles for hire. After such action, the holder shall
only be authorized to operate the number of vehicles for hire specified in the
operating authority originally granted to it, plus the number of vehicles for hire it is
authorized to add to its fleet as set out above, or the holder may operate only the
number of vehicles as specified after the required reduction.
(e) Upon reduction of the number of authorized vehicles, the holder shall return all
decals for vehicles for hire which will no longer be in service due to the reduction
to the Coordinator within three (3) days of such order.
Sec. 34-207. Suspension or Revocation of Operating Authority; Appeal.
(a) The Coordinator may recommend that the City Manager suspend a regulated
service operating authority if the Coordinator determines that:
(1) There is sufficient reason to believe that the holder has made a false
statement as to a material matter in the application for issuance or
renewal of the applicant's operating authority;
(2) That the holder has failed to comply with the provisions of this City
ordinance, or other lawful order;
(3) The holder has failed to comply with state or federal law or regulations, or
for other reasons which would reasonably tend to indicate lack of financial
stability of the holder to perform a regulated service;
(4) The financial position of such holder has reached a condition that the
holder is unable to maintain insurance coverage as required by the
ordinance, or the holder is deemed unable to pay in full, reasonable
claims for damages which might be legally established and confirmed;
(5) The holder has failed to pay the annual operating fee, or any other fees
required by this article as approved by the City Council; or
(6) The general welfare of the citizens or the best interests of the City will be
served by such action.
(b) Except for suspensions recommended for failure to pay the annual operating
fees, the City Manager may suspend a holder's operating authority for any
violation of this ordinance for a period not to exceed sixty (60) days. If the
suspension is for failure to pay annual operating fees, the suspension period
shall not exceed thirty (30) days. In the event of a suspension, then from and
after the time of such suspension, and for the duration of such suspension, the
operating authority shall be of no force and effect and the holder thereof shall not
be authorized to operate any vehicles for hire within the city. Notice of such
suspension shall be given to the holder in writing by registered mail. specifying
the reasons for the suspension, indicating the procedures for revocation, and
notifying the holder of his opportunity to appeal.
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(c) The City Manager shall be authorized to remove any such suspension if, within
the suspension period, the holder provides verification to the Coordinator that the
deficiency causing the suspension has been corrected. Failure of the holder to
correct such deficiency prior to the expiration of the suspension period will result
in revocation of the holder's operating authority. If a holder's operating authority
is revoked in accordance with this article, the revocation will become final unless
an appeal is filed with the Hearing Officer within ten (10) business days from the
end of the suspension period. If an appeal is filed, the suspension period will
remain in effect until a decision is rendered by the Hearing Officer.
(d) If the holder files an appeal with the Hearing Officer due to revocation of
operating authority, or if an applicant files an appeal from a decision of the Board,
the City Manager, or the Coordinator, a hearing shall be set and notice of such
hearing shall be given to the holder or applicant in question by registered mail to
the address as shown on the records of the City. The notice shall specify the time
and place of the hearing and shall list all reasons for revocation or denial of
operating authority. The holder or applicant in question shall be allowed to be
present at the hearing, which shall be public, and shall be allowed to be
represented by counsel. The holder or applicant shall have full opportunity to
disprove any and all charges and allegations set out against him or her or his or
her operations in the notice.
(e) If the Hearing Officer finds that an applicant cannot provide sufficient service
based on the factors set forth in this ordinance, or if the holder has violated this
article in any way, has failed to pay the annual operating fee as required by the
City Council, is unable to pay in full reasonable claims for damages which might
be asserted, is unable to demonstrate the financial stability to perform the
services as contemplated by the operating authority, or for any reason, the
general welfare of the citizens or the best interests of the City will be served by
such action, then the Hearing Officer is authorized to affirm the decision of the
City Manager, the Board, or the Coordinator, or to revoke, repeal and cancel the
operating authority of the holder in question.
(f) The Hearing Officer may afFrm, modify or reverse all or part of the action of the
City Manager, the Board or the Coordinator being appealed. The decision of the
Hearing Officer is final, unless otherwise directed by a majority of the City
Council.
(g) A holder whose operating authority is revoked or cancelled in accordance with
this chapter, may not reapply for an operating authority before the expiration of
twenty-four (24) months from the date of revocation, or in the case of an appeal,
the date an order of revocation or cancellation is issued by the Hearing Officer.
The holder shall be required to pay a reinstatement fee upon reapplication.
Sec. 34-208. Annual Operating Fees.
Each holder shall pay the annual operating fees as approved by City Council on or
before January 1st of each calendar year. If the fees have not been received within ten
(10) business days after January 1st, the Coordinator shall recommend suspension and
revocation of the operating authority in accordance with Section 34-207 of this chapter.
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Sec. 34-209. Consent Required for Transfer of Operating Authority; Consent
Required for Transfer of Ownership or Control.
(a) No grant of operating authority made under the terms of this article shall be
assignable or transferable without the formal consent and approval of the City
Council after proper application is made to the Board or the Coordinator. Such
application shall be accompanied with a nonrefundable application fee paid to the
ground transportation office. Upon receipt of such application and fee, if the
application is for taxicab or shuttle service, the Board shall review the application
and make an investigation as it deems necessary. If the application is for
limousine, pedicab or horse-drawn carriage service, the Coordinator shall review
the application and make an investigation as he deems necessary. The Board or
the Coordinator, respectively, shall make a recommendation to the City Council
as to whether the proposed transferee is qualified to conduct such business,
whether the transferee is financially able to conduct such business and to pay
any claims for damages which might be asserted against him or her by virtue of
the operation of such vehicle for hire, and whether the operation of such
business by the transferee will be beneficial to the general public in the city.
(b) No holder shall sell, transfer, assign or otherwise encumber holder's vehicle for
hire operation without the consent of the City Council. If a holder desires the City
Council's consent to sell, transfer, assign or otherwise encumber its vehicle for
hire operation, the holder shall submit an application for such consent in the form
requested by the City and shall submit such documents and information that the
City may reasonably need for its consideration of the application to the ground
transportation office. The holder shall reimburse the City for all costs reasonably
incurred due to any proposed sale, transfer, assignment or other encumbrance.
Sec. 34-210. Annual Report and Additional Information Required.
(a) Each holder of an operating authority shall file with the Ground Transportation
Coordinator, no later than January 31 of each calendar year, an annual report
showing the average number of vehicles for hire operated daily during the
previous calendar year.
(b) Additional information may be requested by the Ground Transportation
Coordinator. The request may include, but is not limited to, information relating to
written complaints received by the holder, average calls per day dispatched and
available vehicles for hire not operated, number of damage or injury claims filed
against the holder, number of claims settled by the holder, and number of
lawsuits pending against the holder arising out of his vehicle for hire operations
under the holder's operating authority.
Sec. 34-211. Holder's and Driver's Duties to Comply with Policies Relating to
Operation of Vehicles.
(a) A holder shall establish a written policy
and correct violations of this article by
under the holder's operating authority.
and take action to discourage, prevent
drivers who operate a vehicle for hire
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(b) A holder shall not allow a driver to operate a vehicle for hire if the holder knows
or has reasonable cause to suspect that the driver has failed to comply with this
article, the rules and regulations established by the City Council or other
applicable law.
(c) A holder shall respond directly to the customer for all complaints received
regarding ground transportation service within Fort Worth within ten (10)
business days from receipt of the complaint. The holder shall further advise the
Coordinator of any and all action taken in response to the complaint within ten
(10) business days.
(d) In the operation of a vehicle for hire, a holder shall comply with the terms and
conditions of the holder's operating authority, and shall comply with this article
and other laws applicable to the operation of the vehicle for hire service.
(e) Any violation of this section shall be grounds for suspension or revocation of
holder's operating authority not exceeding more than two (2) years.
Sec. 34-212. Driver's Responsibilities and Duties in Operation of a Vehicle for
Hire.
(a) While on duty, a driver shall comply with this article, the regulations established
under this article, other laws applicable to the operation of a motor vehicle in this
state, and the policies and procedures issued by the holder in connection with
the holder's discharging of his duties under its operating authority and this article.
In addition, a driver shall:
(1) Conduct himself or herself in a reasonable, prudent and courteous
manner;
(2) Maintain a sanitary and well-groomed appearance;
(3) Refrain from sleeping in any vehicle for hire;
(4) Not refuse a trip from any location within the City unless the driver is in
reasonable fear of his or her personal safety;
(5) Not consume alcoholic beverages, drugs or other substances which could
affect his or her ability to safely drive a motor vehicle; and
(6) Comply with all lawful orders of a peace officer as it relates to carrying out
the provisions of this ground transportation ordinance.
(b) Any violation of this section shall be grounds for the revocation or suspension of
a vehicle for hire driver's permit.
(c) The Coordinator, the Director, his or his designee, or any peace officer of the
Municipal Court or the Fort Worth Police Department may conduct inspections of
the driver and vehicle far hire to ensure compliance with this section.
Sec. 34-213. Driver as Employee; Independent Contractor.
A holder of an operating authority may employ drivers, or may contract with a driver on
an independent contractor basis, but only if the holder:
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(a) Agrees to and shall indemnify, defend and hold the City harmless for claims or
causes of action against the City arising from the conduct of the driver in the
operation of a vehicle for hire;
(b) Provides that the driver is insured under the holder's fleet liability insurance
policy; and
(c) Imposes a condition that the driver must comply with this article, with the
understanding that failure to comply shall be a material breach of the operating
authority which could result in suspension or revocation of the holder's operating
authority.
Sec. 34-214. Dress Standards for Drivers.
(a) Each holder shall establish and enforce company dress standards for its drivers.
In addition to the standards adopted by the holder:
(1) A driver shall not wear:
a. Tailored shorts more than two (2) inches above the knee, nor
wear cutoffs, beach or shower shoes;
b. Apparel with offensive or suggestive language;
c. Tank tops or halter-tops;
d. Outer apparel made of fishnet or undergarment material; or
e. Pants or jeans with holes, or hems that are frayed or drag the
ground.
(2) A driver shall wear:
a. Clean and pressed shirts or blouses with a collar, such as sports
or dress shirts or polo-type shirts.
b. Jeans, dress or sport slacks.
c. Clean and pressed shorts or skirts that are no more than two (2)
inches above the knee.
(3) Shoes with closed heels and toes must be worn at all times in the manner
for which they were designed. Socks or hosiery must be worn.
(4) A driver and the driver's clothing must conform to basic standards for
hygiene and be neat, clean and sanitary at all times, as well as comply
with such other dress requirements imposed by the grant holder for whom
the driver is operating a vehicle for hire.
(b) Any violation of this section shall be grounds for suspension or revocation of the
driver's permit.
Sec. 34-215. Driver's Permit Required; Application and Information;
Qualifications; Issuance; Fee; Term.
(a) It shall be unlawful for any person to drive a vehicle for hire in the city without
having first obtained a driver's permit from the Ground Transportation
Coordinator.
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(b) A written application for such a permit shall be filed with anon-refundable permit
application fee, and shall be upon a form obtained from the Ground
Transportation Coordinator containing, among other matters, the following
information:
(1) The experience of the applicant in driving the specific type of vehicle for
hire, other motor vehicles, including public vehicles;
(2) Whether or not the applicant has ever been convicted of a violation of any
federal, state or municipal law and, if so, the particulars of each violation
of which the applicant has been convicted;
(3) Applicant's name, street address, age, sex, telephone number and place
of residence for the three (3) years immediately preceding the date of the
application;
(4) The operating authority holder for whom the driver proposes to drive a
vehicle for hire; and
(5) Such other additional information as the Ground Transportation
Coordinator may prescribe on the form.
(6) All applications must be signed by the grant holder for whom the driver
proposes to drive a vehicle for hire in the city of Fort Worth. A grant
holder's signature will indicate the holder's recommendation that the
applicant be issued a driver's permit. A grant holder shall notify the
Coordinator in writing within forty-eight (48) hours if the holder withdraws
its recommendation. The holder must submit written reasons for
withdrawal. If the holder withdraws his recommendation, the driver's
permit shall be revoked immediately.
(c) The. application shall be accompanied by at least two (2) photographs of the
applicant taken within the immediately preceding three (3) months.
(d) Written proof showing that the applicant completed a defensive driving course
within the last twelve (12) months shall be provided with the application.
(e) A driver's permit may be issued for a period of two (2) years. The permit may be
renewed by filing a new application and paying a required application fee.
(f) The Coordinator shall make such additional investigation of the applicant as he
deems necessary to ascertain whether or not the applicant is a fit and proper
person to operate a vehicle for hire in the city. If the Coordinator is satisfied that
the applicant is a fit and proper person to drive a vehicle for hire in the city, then,
the Coordinator shall cause to be issued to such applicant a permit to operate a
vehicle for hire in the city.
(g) To qualify for a driver's permit, a person must:
(1) Be at least nineteen (19) years of age;
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(2) Be a citizen of the United States by birth or naturalization, or if alien,
submit evidence of legal residence in the United States and legal right to
engage in employment therein;
(3) Hold a valid driver's/operator's license issued by the State of Texas;
(4) Be able to read and speak the English language;
(5) Maintain physical and cognitive condition necessary to exercise ordinary
and reasonable control over a vehicle for hire or that is not likely to
otherwise endanger the public health or safety;
(6) Not have been convicted of more than three (3) moving traffic violations
arising out of separate transactions, or involved in more than two (2)
motor vehicle accidents in which it could be reasonably determined that
the driver was at fault, within any twelve (12) month period during the
preceding thirty-six (36) months;
(7) Not be under indictment, have charges pending, or have been convicted
of a crime as set forth below:
A. Involving:
i. Criminal homicide as described in Chapter 19 of the Texas
Penal Code;
ii. Kidnapping as described in Chapter 20 of the Texas Penal
Code;
iii. Asexual offense as described in Chapter 21 of the Texas
Penal Code;
iv. An assaultive offense as described in Chapter 22 of the
Texas Penal Code;
v. Robbery as described in Chapter 29 of the Texas Penal
Code;
vi. Burglary as described in Chapter 30 of the Texas Penal
Code, but only if the offense was committed against a
person with whom the applicant came into contact while
engaged in a passenger transportation service;
vii. Theft as described in Chapter 31 of the Texas Penal Code,
but only if the offense was committed against a person with
whom the applicant came into contact while engaged in a
passenger transportation service;
viii. Fraud as described in Chapter 32 of the Texas Penal
Code, but only if the offense was committed against a
person with whom the applicant came into contact while
engaged in a passenger transportation service;
ix. Tampering with a governmental record as described in
Chapter 37 of the Texas Penal Code, but only if the
offense was committed against a person with whom the
applicant came into contact while engaged in a passenger
transportation service;
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x. Public indecency (prostitution or obscenity) as described in
Chapter 43 of the Texas Penal Code;
xi. The transfer, carrying or possession of a weapon in
violation of Chapter 46 of the Texas Penal Code, but only if
the violation is punishable as a felony;
xii. A violation of the Health and Safety Code, Chapter 483 -
"Dangerous Drugs" that is punishable by a felony;
xiii. A violation of the Health and Safety Code, Chapter 481 -
"Texas Controlled Substances Act" that is punishable by a
felony; or
xiv. Criminal attempt to commit any of the offenses listed in
subsection (7)(a).
B. And for which:
i. Less than two (2) years have elapsed since the date of
conviction or the date of release from confinement
imposed for the conviction, whichever is the later date, if
the applicant was convicted of a misdemeanor offense;
ii. Less than five (5) years have elapsed since the date of
conviction or date of release from confinement for the
conviction, whichever is the later date, of the applicant was
convicted of a felony offense; or
iii. Less than five (5) years have elapsed since the date of the
last conviction or the date of release from confinement for
the last conviction, whichever is the later date, if within any
twenty-four-month period the applicant has two (2) or more
convictions of any misdemeanor offense or combination of
misdemeanor offenses.
(8) Not have been convicted of or discharged by probation or deferred
adjudication for driving while intoxicated within the preceding twenty-four
(24) months, or more than one (1) time within the preceding seven (7)
years;
(9) Not have charges pending or not be under indictment for an offense for
driving while intoxicated;
(10) Not be addicted to the use of alcohol or narcotics;
(11) Not have been convicted of or discharged by probation or deferred
adjudication for driving while under the influence of drugs within the
preceding twenty-four (24) months, or more than one (1) time within the
preceding seven (7) years;
(12) Not have criminal charges pending for the offense of driving while
intoxicated or while under the influence of drugs; and
(13) Not be subject to any outstanding warrants of arrest.
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(h) As a qualification for a driver's permit, the Coordinator shall require applicants
and/or drivers to pass an examination given by the Coordinator, or his or her
designee, that will test knowledge of traffic laws, duties under the vehicle for hire
ordinance, the road networks and geography of Fort Worth and surrounding
cities, airports and counties in the service area, and other related topics.
Additionally, the applicants and/or drivers may periodically be tested on English
language proficiency.
(i) All applicants shall be screened for the presence of drugs and alcohol within
thirty (30) days from the date of the application. Applications shall follow the drug
screening and alcohol testing guidelines established by the Ground
Transportation Coordinator. All screenings for drug and alcohol testing must be
conducted by a Department of Health and Human Service certified laboratory
and certified laboratory technician. Applicants and drivers may be subject to
drug and alcohol screening on a random basis, fingerprinting, and/or criminal
records checks.
(j) If a driver's operator's license is suspended or revoked by the state, the driver's
permit will automatically become null and void. A permitted driver shall notify the
ground transportation office and the grant holder for whom he is permitted within
three (3) calendar days of a suspension or revocation of a state driver's or
operator's license and shall immediately surrender his or her driver's permit to
the ground transportation office. Driver's and operator's licenses shall be subject
to random checks.
Sec. 34-216. Grounds for Denial of Permit; Expiration; Change of Address,
Telephone Number or Employment.
(a) The Ground Transportation Coordinator shall deny the application for a driver's
permit if the Coordinator determines that the applicant:
(1) Is not qualified under section 34-215;
(2) Is not physically or mentally able to safely operate a vehicle for hire;
(3) Fails or refuses to furnish the photographs or defensive driving certificate
as required in section 34-215;
(4) Knowingly makes a false statement of a material fact in the application for
a vehicle for hire driver's permit; or
(5) Refuses to submit to or does not pass the drug and alcohol screening
required by section 34-215, or fails to furnish any statements required
therein.
(b) If the Coordinator determines that a permit should be denied, he or she shall
notify the applicant in writing that the application is denied, and the reason for
denial and that the applicant has the right of appeal to the Hearing Officer in
accordance with Section 34-219. The action of the Ground Transportation
Coordinator is final unless a timely appeal is made.
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(c) Any person issued a driver's permit shall maintain a current address and
telephone number on file with the ground transportation office. The driver shall
notify the ground transportation office of any changes in his or her address or
telephone number within five (5) days of the change.
(d) If a driver changes grant holders for whom he or she is driving so that the driver
will be driving for a different grant holder within the city, he or she must submit a
new grant holder contract, or other documentation acceptable to the Coordinator,
with the new grant holder's signature to the Ground Transportation Coordinator's
office within ten (10) business days of the change along with a change of grant
holder fee. The driver's permit is not transferable to another grant holder without
written consent of the new holder, and notice and payment of the fee to the City
within ten (10) days.
(e) If a driver loses his or her permit, the permitted driver shall pay a replacement
fee.
Sec. 34-217. Display; Falsification; Driving Without a Permit.
(a) The driver's permit shall be prominently displayed on his or her upper outer
clothing.
(b) A person commits an offense if he:
(1) Forges, alters or counterfeits a driver's permit, badge, sticker or emblem
required by this article;
(2) Possesses a forged, altered or counterfeited driver's permit, badge,
sticker or emblem required by this article;
(3) Operates or allows the operation of a vehicle for hire without an approved
driver's permit; or
(4) Fails to allow the Coordinator, the Director or a peace officer to examine
his or her driver's permit upon demand.
(c) A driver's permit may be immediately suspended by the Director or his or her
designee, or by the Coordinator for any violation of this section.
Sec. 34-218. Suspension or Revocation of Driver's Permit.
(a) The Director or the Coordinator may suspend the permit of any driver for up to
sixty (60) days on any of the following grounds:
(1) The driver is not qualified or no longer meets the qualifications as
required under section 34-215;
(2) The driver has violated or failed to comply with Sections 34-212, 34-214,
34-217 or any other provision or requirement of this article;
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(3) The driver has made a false statement or representation of a material fact
on the permit application submitted to the Ground Transportation
Coordinator; or
(4) The driver has failed to maintain a valid driver's license pursuant to
Section 34-215(j) of this ordinance and the laws of the state of Texas.
(b) If the permit is suspended pursuant to this Chapter, written notice shall be sent
by registered mail addressed to the permitted driver and the holder of the
operating authority listing the reason for the suspension and the time in which the
driver has to correct the deficiency. If the driver, or the holder of the operating
authority on behalf of the driver, fails to correct the deficiency within the
suspension period, the driver's permit shall be revoked. The decision of the
Ground Transportation Coordinator is final unless a timely appeal is made in
accordance with Section 34-219.
(c) After receipt of notice of suspension, the driver shall immediately discontinue
driving a vehicle for hire within the city and shall surrender his or her driver's
permit to the Ground Transportation Coordinator.
(d) A driver whose permit has been revoked or suspended may not operate under
any holder's operating authority during the period of revocation or suspension.
Sec. 34-219. Appeal from Denial, Suspension, or Revocation of a Driver's Permit.
(a) A person may appeal a denial, suspension or revocation of a driver's permit by
requesting an appeal, in writing, delivered to the Hearing Officer not later than
ten (10) business days after notice of the action of the Ground Transportation
Coordinator is received by the applicant.
(b) The Hearing Officer shall give the appealing party an opportunity to present
evidence and make argument on his or her behalf. The formal rules of evidence
shall not apply to an appeal hearing under this section, and the Hearing Officer
shall make his or her ruling on the basis of a preponderance of the evidence
presented at the hearing. Evidence of continued sponsorship by the holder of the
operating authority is a prerequisite for consideration of an appeal.
(c) The Hearing OfFicer may affirm, modify or reverse all or part of the action of the
Ground Transportation Coordinator being appealed. The decision of the Hearing
Officer is final, unless otherwise directed by a majority of the City Council.
Sec. 34-220. Insurance.
(a) As a condition to the issuance of a grant of operating authority and the continued
operation thereunder, a grant holder shall maintain in force during the authorized
period of its operating authority the amount and character of insurance coverage
for vehicles for hire as established by the City Council from time to time. The
operating authority will not be granted, renewed or continued unless the applicant
or holder furnishes the City with proof of such insurance as considered
necessary to determine whether the applicant or holder is adequately insured
under this section.
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(b) The minimum insurance required under this section must:
(1) Be obtained from a carrier that is admitted and licensed to transact
insurance in the State of Texas;
(2) Be written on an occurrence basis;
(3) Cover any and all carriages and drivers in the holder's fleet, and all
drivers of such vehicles;
(4) Be acceptable to the City's Risk Management Division of the Finance
Department;
(5) Name the City of Fort Worth as an additional primary insured;
(6) Provide minimum coverage in an amount no less than five hundred
thousand dollars ($500,000.00) combined single limit liability (CSL) per
occurrence;
(7) Provide that all claims will be paid on a first dollar basis by the insurance
provider;
(8) Not be obtained from an assigned risk pool;
(9) Not contain policy exclusions that would change or limit coverage for
passengers entering or exiting the vehicle; and
(10) Provide that all vehicles permitted to operate under the operating
authority are listed as scheduled vehicles covered under the policy.
(c) All liability insurance coverage must include a rider that provides that at all levels
of coverage, there must be notification to the City in writing not less than thirty
(30) days before canceling or making a material change in the policy.
(d) The holder shall not have operational control in any insurance company providing
coverage to the vehicles operated under the operating authority.
(e) The City Council, in its discretion, may from time to time require insurance
coverage of a different kind or a greater amount, and upon such City Council
action, the holder shall be required to modify its insurance coverage to comply
with these requirements, and shall furnish to the Ground Transportation
Coordinator a binder of insurance as evidence that it has acquired such type and
amounts of insurance within ten (10) days of the City Council's action. The holder
shall provide a copy of the policy with all endorsements within forty-five (45) days
of demand from the Ground Transportation Coordinator.
Sec. 34-221. Expiration and Renewal of Operating Authority.
(a) Unless otherwise previously granted prior to the adoption of this ordinance,
operating authority for all grants under this Chapter shall expire on December 31,
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after the third year of issuance. A holder shall apply for a renewal at least sixty
(60) days prior to the expiration date of the operating authority.
(b) The Vehicle for Hire Review Board shall review all applications for renewal of
operating authority for taxicabs and shuttle service. The Board shall review the
application and all relevant documents and investigative materials as provided by
the Ground Transportation Coordinator, and shall take evidence from the
applicant and any other interested parties who request to address the Board at a
public hearing in its consideration of each application. The Board may set
reasonable time limits and procedures for such hearings.
(c) The Board shall issue findings as to whether:
(1) The holder has performed satisfactorily under the terms of the operating
authority;
(2) The service provided continues to meet the Public Necessity and
Convenience as defined by this ordinance; and
(3) The holder continues to comply with all requirements of this chapter.
(d) The Board shall forward its findings and recommendations to the City Council for
final approval.
(e) If the Board denies renewal of an application, then the applicant may appeal the
decision in accordance with Section 34-207 of this chapter.
Sec. 34-222. Fees; when fee payable.
(a) The City Council shall adopt a schedule of fees applicable to this article which
shall be available for review at the Ground Transportation Coordinator's office.
(b) As compensation to the City, each holder of a grant of operating authority made
under the terms of this article shall pay to the City, annual fees, as approved by
the City Council, for the privilege of operating upon and use of the public streets,
alleys and thoroughfares of the city in conducting and carrying on the business of
transporting passengers for compensation on and over such streets and
thoroughfares in authorized vehicles for hire. Such fees shall be paid at the
Ground Transportation Office on or before January 1St of each calendar year
during which the grant is in effect.
Sec. 34-223. Passenger Limitations.
(a) While operating a vehicle for hire, a driver may only carry a person who is a
paying passenger, unless the passenger is an employee of the grant holder for
whom the driver is driving.
(b) A driver may not carry more passengers than the designated seating allows in
the vehicle for hire.
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(c) A violation of this section may be grounds for the suspension of the driver's
permit.
Sec. 34-224. Vehicle for Hire Decals.
The holder of operating authority or driver of each vehicle for hire shall obtain from the
Ground Transportation Coordinator, a decal that indicates the vehicle has authority to
operate in the city of Fort Worth. The decal must be attached to the vehicle for hire in a
manner and location approved by the Ground Transportation Coordinator. Each holder
must have decals for not less than eighty-five percent (85%) of its authorized number of
vehicles at all times.
Sec. 34-225. Return of Passenger's Property.
(a) Upon finding property in a vehicle for hire left by a passenger, the driver shall
immediately return the property to the grant holder's company's lost and found.
The holder's company shall maintain a written record of all items turned in to the
company. The record shall contain the following:
/ (i) a description of the items found
(ii) the date on which the items were turned in
(iii) the vehicle number in which the items were found, and
(iv) the name of the driver who turned in the items.
All items shall be examined and the owners identified and notified, if possible. If
any item is claimed, a record shall be made of the name and address of the
claimant.
(b) No item shall be disposed of, other than by return to its owner, less than ninety
(90) days after the date in which the item is turned in. If any item is disposed of, a
record must be made of such disposition.
(c) A violation of this section may be grounds for suspension or revocation of the
driver's permit or the holder's operating authority.
Sec. 34-226. Soliciting Prohibited.
(a) It shall be unlawful for any driver to solicit by word, signal, sign or payment to a
third party to solicit passengers for such vehicle for hire upon any public street or
building of the city.
(b) The driver shall not obstruct entrances or passageways of any sidewalk or
building, however, once engaged by his or her prearranged passenger, a driver
may provide assistance to his or her passenger.
Sec. 34-227. Enforcement.
(a) The Ground Transportation Coordinator is primarily responsible for the
enforcement of this article.
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(b) The Director or his or her designee, or the Ground Transportation Coordinator
shall investigate complaints and is authorized to issue warnings and citations to
persons violating this article.
(c) The Fort Worth Police Department and Fort Worth Marshal's Office shall also
have the authority to enforce this article.
Sec. 34-228. Violations and Penalties.
(a) A violation of any provision of this article is a Class C misdemeanor.
(b) Any person, firm, corporation, agent or employee thereof who violates any
provision of this article shall, upon conviction, be fined an amount not to exceed
five hundred dollars ($500.00).
Secs.34-229--34-239. Reserved.
DIVISION 2. TAXICABS
Sec. 34-240 Scope of Division 2.
Holders of operating authority for a taxicab service shall be governed by the provisions
of this division in addition to all of the provisions found in Division 1 of this article.
Sec. 34-241. Taxicab Stands.
Vehicles operated under the terms of this article shall be authorized to stand at certain
designated places upon the streets of the city. Additional locations may be requested by
the holder and granted at the discretion of the Ground Transportation Coordinator, who,
in conjunction with the City's Traffic Engineer, shall determine the public interest in the
establishment of such stand, or stands, as petitioned for, as well as the number of
vehicles which shall be authorized to occupy the same at any one (1) time, together with
such other reasonable regulations thereof that are determined proper. The regulation
shall require the operator of each such vehicle to remain within twenty-five (25) feet of
his or her taxicab while occupying the stand. No such stand shall ever be used so as to
interfere with proper ingress and egress to abutting property. Once engaged by a
passenger, the driver may provide assistance to the passenger as may be required. The
stands hereby authorized are subject to the control of the Ground Transportation
Coordinator and subject to change at his or her will. Each of such stands shall be
marked and properly designated under the supervision of the Ground Transportation
Coordinator in conjunction with the Traffic Engineer and, insofar as is practicable, shall
be located so as to permit the use of presently established loading or unloading zones
by taxicabs as described herein. The Ground Transportation Coordinator or Traffic
Engineer may establish temporary taxicab stands for special events and functions where
street access may be limited and the good of the public is best served by such
temporary placement of stands.
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Sec. 34-242. Minimum Number of Taxicabs Needed for Operating Authority;
Renewals.
(a) In order for an applicant to apply for authority to operate taxicabs in the city of
Fort Worth, the application must request authority for a minimum number of fifty
(50) operational taxicabs including the approved adjustment to allow for reduction
or increase in the number of authorized vehicles, before it will be accepted for
review and consideration.
(b) If a grant of operating authority for less than fifty (50) taxicabs is in effect at the
time of adoption of this ordinance, such holder shall have until December 31,
2009 to increase its fleet up to the minimum requirement of fifty.
(c) Renewals will be granted in accordance with section 34-221 of this chapter.
Sec. 34-243. Additional Requirements for the Operation of a Taxicab.
(a) A taxicab driver shall not obstruct the view of a taximeter while operating or
engaged with passengers.
(b) A taxicab driver shall not operate a taxicab for more than twelve (12) hours within
a twenty-four (24) hour period.
(c) In addition to the requirements set forth in section 34-217, the taxicab driver shall
also prominently display a photo taken within the previous six (6) months. Such
photo shall be a color picture no smaller than three (3) inches by three (3) inches
with the driver's name, company name, and identification number located on the
rate sheet. Such photo shall be displayed inside the vehicle on the front
dashboard of the taxicab.
Sec. 34-244. Inspection of Taxicabs.
(a) No taxicab shall be driven or operated upon the streets of the city unless the
same conforms to the minimum safety standards established herein and has a
valid inspection decal issued by the City.
(b) If the Coordinator determines that inspection of the mechanical condition or
safety equipment of a vehicle by a certified mechanic or technician is necessary,
the holder, owner, or driver shall pay the cost of the inspection and provide
written documentation that the vehicle meets the minimum safety and emission
standards adopted by Dallas/Fort Worth International Airport.
(c) The City shall visually inspect or cause to have inspected each taxicab two (2)
times per year. If the taxicab passes such inspection, the City shall issue a decal
to be displayed on the right side of the front windshield of the vehicle.
(d) A Holder shall pay an inspection fee per vehicle inspection.
(e) Taxicabs bearing a current inspection decal issued by the Dallas/Fort Worth
International Airport may be issued a City decal without a further mechanical
inspection.
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(f) Taxicab operators, owners and operating authority holders shall conduct periodic
inspections of taxicabs, but not less than monthly, to ensure compliance of all
minimum requirements.
(g) Any designated member of the Fort Worth Police Department, the City Marshal's
office, the Director, or his or her designated representative, or the Coordinator
may conduct inspections of the driver and taxicab to ensure compliance with this
section.
(h) It shall be grounds for suspension or revocation of a taxicab driver's permit or a
holder's operating authority if he or she fails to make a taxicab available for
inspection.
(i) The fee for each inspection of each vehicle operated under a holder's operating
authority shall be established in accordance with the Schedule of Fees.
(j) The Ground Transportation Coordinator may order a regulated vehicle removed
from service any time the regulated vehicle fails to meet the minimum standards
for appearance, condition, age or equipment.
(k) If a taxicab is involved in an accident or collision during the term of the operating
authority, the holder shall notify the Ground Transportation Coordinator's office
within five (5) days after the accident or collision. Before operating the taxicab
again under the operating authority, a holder shall have the vehicle re-inspected
for safety and shall send to the Ground Transportation Coordinator's office a
sworn affidavit that the vehicle has been restored to its previous condition.
(I) A person commits an offense if the person operates a taxicab in the city without
obtaining a taxicab decal from the Ground Transportation Coordinator.
Sec. 34-245. Age Limits of Taxicabs; Other Vehicle Requirements.
(a) Effective January 1, 1996, no taxicab may be over five (5) years old as calculated
from the first day of January of the model year of the vehicle. No vehicle more
than four (4) years old, as calculated above, may be added to the fleet. As
vehicles in operation become older than this provision, they shall be removed
from the fleet.
(b) No taxicab may be salvaged or rebuilt; "blue titled" vehicles shall not be
permitted to be operated as taxicabs.
(c) Only vehicles designated "large" by the American Automobile Association shall
be permitted to operate as taxicabs. Vehicles in operation as taxicabs as of the
date of the adoption of this ordinance may continue to operate until such vehicle
exceeds the age requirement established herein.
(d) No taxicab that can be classified as an alternative fuel vehicle as defined in
Section 34-200 of this Chapter may be over seven (7) years old as calculated
from the first day of January of the model year of the vehicle. Documentation of
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such status shall be submitted to the Ground Transportation Coordinator upon
purchase of the vehicle, if the vehicle will be utilized pursuant to this chapter.
Sec. 34-246. Display of Name of Grant Holder.
Every taxicab operated in the city shall bear on the outside of the rear door, or front
door, in letters not less than two and one-half (2 1/2) inches in height and not less than
five-sixteenths (5/16) inch stroke, the name of the grant holder for whom the taxicab is
driven, or the registered assumed name of the taxicab service of such holder, together
with the telephone number of the service and the number of the taxicab.
Sec. 34-247. Commercial Advertising on Taxicab.
Commercial advertising or commercial advertising devices may be placed on, upon or in
any taxicab operated in the city, provided they are securely fastened to the vehicle, do
not interfere with driver or passenger safety, and do not obscure lights, logos, telephone
numbers, cab numbers or top lights.
Sec. 34-248. City-wide Taxicab Service Required.
(a) Each holder of an operating authority is required to provide city-wide taxicab
service. The grant holder's taxicab fleet, communication system and other
resources must be sufFcient to provide effective service levels to all areas of the
city on a regular basis.
(b) Except as otherwise provided in this article, a grant holder and taxicab driver
permit holder shall:
(1) Provide taxicab service to the general public;
(2) Answer each call received for service inside the city as soon as
practicable, and, if the service cannot be rendered within a reasonable
time, the holder, his agent or employee, shall inform the caller of the
reason for the delay and the approximate time required to answer the call.
(c) The grant holder shall maintain a terminal that is operational twenty-four (24)
hours each day and registered with the City for the purpose of receiving calls and
dispatching taxicabs, and shall make available at least eighty-five percent (85%)
of the grant holder's operational fleet to and from any point inside of the city that
is accessible by public street. Each holder must have decals for not less than
eighty-five percent (85%) of its authorized number of vehicles at all times.
(d) All grant holders and taxicab drivers shall accept calls from all parts of the city
within a reasonable time and attempt to locate and transport the passenger
requesting service. Delays due to weather, vehicle breakdown, natural disasters
and other occurrences out of the control of the holder or driver shall not be
considered failure to provide city-wide service. This section shall not require the
holder or driver to place him or herself in violation of other sections of this article.
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Sec. 34-249. Representation of Availability of a Taxicab.
(a) A driver may not represent that his taxicab is engaged when in fact vacant, or
vacant when in fact engaged.
(b) A violation of this section is grounds for the suspension of the driver's permit.
Sec. 34-250. Use of Scanner Prohibited.
(a) No driver shall use, or permit to be used, a scanner or other electronic device to
monitor communications of any grant holder other than the one the taxicab is
being operated under.
(b) A violation of this section is grounds for the revocation of the driver's permit.
Sec. 34-251. Removal of Equipment.
(a) Whenever a vehicle is removed from service or is no longer authorized to
operate as a taxicab, the holder, owner or driver shall remove from the vehicle all
taxicab signs, markings and equipment that would distinguish the vehicle as a
taxicab, including but not limited to radios, toplights, meters and decals.
(b) A holder, owner or driver of a taxicab shall not sell or transfer to anyone any
radio, toplight, meter or other equipment that would distinguish a vehicle as a
taxicab.
(c) Meters, radios, toplights and distinguishing markings must be and must remain
the property of the grant holder, and must be returned to the grant holder when a
taxicab is removed from service.
Sec. 34-252. Rates; Posting.
(a) The maximum meter rate to be charged by all taxicab drivers in the city shall be
established by the City Council from time to time.
(b) While operating a taxicab in the downtown business district, a driver may charge
a flat rate for a trip to DFW Airport, provided that such flat rate is not in excess of
the maximum meter rate or in excess of the established flat rate by the City.
(c) There shall be no additional charge made for ordinary luggage or ordinary bags
or ordinary parcels being carried by a passenger or passengers. It shall be
unlawful for any driver of a taxicab to demand or receive a fee or charge for
taxicab service in excess of the rates established by the City Council from time to
time. However, nothing in this section shall be construed as requiring a taxicab to
carry trunks,. very large packages, very large parcels or articles or objects likely
to injure the taxicab driver or damage the taxicab. The intent of this section is to
ensure that there are no additional charges for any ordinary parcels or baggage.
(d) Each taxicab operated in the city shall have affixed thereto at a location in plain
view of any passenger therein a placard setting out the maximum rates for
taxicab service, as provided in the schedule of rates established by the City
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Council from time to time, and such legal rates shall be readily visible to and
legible by any occupant of such taxicab. The holder shall provide said placard at
time of initial permitting of each taxicab and shall provide updated placards any
time rates are changed.
(e) A violation of this section shall be grounds for revocation or suspension of the
taxicab driver's permit.
Sec. 34-253. Taximeters Required.
It shall be unlawful for any grant holder, owner, operator or driver of any taxicab to
operate or allow or cause to be operated on the streets of the city any vehicle for hire
unless such vehicle is equipped with a taximeter approved by the City and calibrated for
the computation of fares at rates approved by the City Council. It shall be the duty of
every holder, owner, operator or driver using any taximeter to keep the same accurate at
all times, and the failure to do so shall constitute a violation of this article.
Sec. 34-254. Inspections and Tests of Taximeters.
(a) All taximeters shall be subject to inspection at any time by the Ground
Transportation Coordinator. It shall be a violation of this article for any person to
delay, interfere with or refuse to permit such inspection. Any taximeter found not
to conform to the standards and tolerances provided for in this article shall not be
approved and shall be ordered out of service by the Coordinator. The
Coordinator shall make or cause to be made, at least every twelve (12) months,
inspections of the taximeters to insure their compliance with this article. Once a
taximeter is inspected and approved, it shall be sealed. Should a taximeter seal
be removed or broken for any reason, the holder shall advise the Ground
Transportation Coordinator who shall cause the taximeter to be re-inspected and
sealed. Until the taximeter is re-inspected, the taxicab shall not be placed back
into service. If the Ground Transportation Coordinator discovers a removed or
broken taximeter seal during inspection, the taxicab shall not be placed back into
service until the taximeter is re-inspected. After the seal is replaced or repaired,
the holder shall have vehicle re-inspected and pay a re-inspection fee.
(b) A taximeter that has been inspected by either the City of Fort Worth, the City of
Dallas or the Dallas/Fort Worth International Airport complies with this section;
however, the City of Fort Worth has the right to inspect the taximeter in taxicabs
within the city at any time.
Sec. 34-255. Standards for Tolerances and Accuracy.
The standards for tolerances and accuracy and all other standards to be applied to
taximeters shall be the same as the standards applied thereto by the state of Texas
under its applicable statutes or regulations, all of which are hereby adopted and declared
to be the only legal standards of tolerances or accuracy to be applied to the taximeters
within the city.
Sec. 34-256. Payment of Fare; Refusal to Carry Passengers; Excess Fare
Prohibited; Nonpayment of Fare.
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(a) No driver of a taxicab shall refuse or neglect to convey any person or persons
upon request to any place within the city unless:
(1) The person is disorderly;
(2) The driver is engaged in answering a previous request for service;
(3) Another driver has answered the dispatched call and is in route;
(4) The driver has reason to believe that the person is engaged in unlawful
conduct; or
(5) The driver is in reasonable fear of his or her personal safety.
(b) In addition to cash payment, a driver of a taxicab shall accept all major credit
cards and/or debit cards for payment at the time of fare. The driver shall deliver
to the person paying the fare at the time of such payment a legible receipt either
mechanically printed or by a specially prepared receipt, containing the taxicab
company name, taxicab number, driver name, any items for which a charge is
made, the total amount paid and the date of payment.
(c) A driver shall carry a passenger to his destination by the most direct route
available, unless otherwise directed by the passenger.
(d) It shall be unlawful for any passenger to refuse to pay the legal fare of any
taxicab after having hired the same, and it shall be unlawful for any person to hire
a taxicab with the intent to defraud the operator of the taxicab of the fare for such
service. Failure to pay the legal fare shall be presumptive of intent to defraud.
(e) Any violation of subsections (a), (b), or (c), shall be grounds for suspension or
revocation of the taxicab driver's permit.
Sec. 34-257. Cruising Permitted.
(a) Taxicabs located at taxicab stands shall line up first come, first out; however, a
.passenger may choose a taxicab that is not the first taxicab in line and that cab
may proceed forward and load.
(b) Cruising is permitted.
Secs.34-258--34-269. Reserved.
DIVISION 3. LIMOUSINES
Sec. 34-270. Scope of Division 3.
Holders of operating authority for a limousine service shall be governed by the
provisions of this division in addition to all of the provisions found in Division 1 of this
article.
Sec. 34-271. Minimum Number of Limousines Needed for Operating Authority;
Renewals.
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(a) In order for an applicant to apply for authority to operate limousines in the city,
the application must indicate the number of vehicles for which authorization is
being requested, including the approved adjustment to allow for reduction or
increase in the number of authorized vehicles, before it will be accepted for
review and consideration. The minimum number of limousines for which authority
to operate will be granted is one (1) luxury truck, classic, specialty or stretch
limousine or three (3) luxury sedans. The Coordinator will review the application
to ensure that it meets the requirements of the ordinance, and upon approval by
the Coordinator, the Coordinator shall make a recommendation to the City
Council to grant operating authority. If the Coordinator denies the application,
then that decision is final unless the applicant timely files an appeal with the
Hearing Officer pursuant to Section 34-207 of this ordinance.
(b) Applications for renewal of operating authority shall be reviewed by the
Coordinator without a public hearing if, after investigation, the Coordinator
determines that:
(1) The holder has performed satisfactorily under the terms of the operating
authority;
(2) The service provided continues to meet the Public Necessity and
Convenience as defined by this ordinance; and
(3) The holder continues to comply with all requirements of this chapter.
(c) If all conditions of this subsection (b) are met, the Coordinator. shall recommend
approval for renewal of operating authority.
Sec. 34-272. Rates; Posting.
(a) A driver or holder shall not charge a fare for operating a limousine that is
inconsistent with the rates authorized in the holder's operating authority.
(b) A holder desiring to change the authorized rates of fare must submit a written
request to the Ground Transportation Coordinator and pay a change of rate fee.
(c) The rates listed in the holder's operating authority must be strictly adhered to,
and no change in rates may be implemented without review by the Ground
Transportation Coordinator's office.
(d) The driver or holder shall give the person paying a fare a ticket or receipt that
indicates the date, name, address, and telephone number of the limousine
company and the amount of the fare.
(e) The use of any type of meter or measuring device to calculate a fare for
limousine service is prohibited.
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Sec. 34-273. Nonpayment of Fare; Excess Fare Prohibited.
(a) It shall be unlawful for any passenger to refuse to pay the legal fare of any
limousine after having hired the same, and it shall be unlawful for any person to
hire a limousine with the intent to defraud the operator of the limousine of the fare
for such service. Failure to pay the legal fare shall be presumptive of intent to
defraud.
(b) It shall be unlawful for a limousine operator to charge a rate that is in excess of
the rate specified in the operating authority.
Sec. 34-274. Service on Pre-arranged Basis; Trip Manifests.
(a) Each holder providing limousine service shall provide its drivers with forms or
other electronic means for maintaining a trip manifest. This shall include
recording:
(1) Time, place, origin, and destination of each trip;
(2) The names and addresses of the passengers;
(3) The total number of passengers; and
(4) Other information required by the Ground Transportation Coordinator to
aid in the discharge of official duties.
(b) A driver furnishing limousine service pursuant to subsection (a) above shall show
the written or electronic documentation on company letterhead and or other
sufficient identification upon request to the Ground Transportation Coordinator,
the Director, or his or her designee, or peace officer.
(c) A driver furnishing limousine service shall not accept any passenger except a
passenger for whom service has been prearranged and documented in
accordance with this section.
(d) A driver furnishing limousine service on a prearranged basis shall not arrive at a
location to pick up a passenger with whom prearrangement has been made more
than twenty (20) minutes before the designated pickup time.
Sec. 34-275. Alcohol in a Limousine.
(a) A holder or driver commits an offense if he provides an alcoholic beverage to a
passenger for a fee or as part of the limousine service.
(b) A holder or driver commits an offense if he purchases or stocks a limousine with
an alcoholic beverage. A nonalcoholic beverage or mixer may be purchased and
provided by the holder or driver.
(c) An alcoholic beverage may be in the limousine only if the passenger brought the
alcoholic beverage into the limousine and the passenger meets minimum age
requirements of the state.
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Sec. 34-276. Inspection of Limousines.
(a) No limousine shall be driven or operated upon the streets of the city unless the
same conforms to the minimum safety standards established herein and has a
valid inspection decal issued by the City.
(b) If the Coordinator determines that inspection of the mechanical condition or
safety equipment of a vehicle by a certified mechanic or technician is necessary,
the holder, owner, or driver shall pay the cost of the inspection and provide
written documentation that the vehicle meets the minimum safety and emission
standards adopted by Dallas/Fort Worth International Airport.
(c) The City shall visually inspect or cause to have inspected each limousine
annually. If the limousine passes such inspection, the City shall issue a decal to
be displayed on the right side of the front windshield of the vehicle.
(d) A holder shall pay an inspection fee per vehicle inspection.
(e) Limousines bearing a current inspection decal issued by the Dallas/Fort Worth
International Airport may be issued a City decal without further mechanical
inspection.
(f) If the operation of any limousine is found not to comply with the requirements of
this section, the Ground Transportation Coordinator, the Director or his or her
designee, or any peace officer may direct that vehicle to be taken out of service
until there is installation of the required safety-related items, or be given a
specific time for the non-safety items to be corrected and presented for re-
inspection.
(g) Limousine operators, owners and operating authority holders shall conduct
periodic inspections of limousines, but not less than monthly, to ensure
compliance of all minimum requirements.
(h) Any designated member of the Fort Worth Police Department or City Marshal's
Office, the Director, or his or her designated representative, or the Coordinator
may conduct inspections of the driver and limousine to ensure compliance with
this section..
(i) It shall be grounds for suspension or revocation of a limousine driver's permit or a
holder's operating authority if he or she fails to make a limousine available for
inspection.
(j) The Ground Transportation Coordinator may cause a decal to be removed from a
limousine that fails to meet the minimum standards for appearance, condition,
age or equipment.
(k) If a limousine is involved in an accident or collision during the term of the
operating authority, the holder shall notify the Ground Transportation
Coordinator's office within five (5) days after the accident or collision. Before
operating the limousine again under the operating authority, a holder shall have
the vehicle re-inspected for safety and shall send to the Ground Transportation
36
Coordinator office a sworn affidavit that the vehicle has been restored to its
previous condition.
(I) A person commits an offense if the person operates a limousine service in the
city without obtaining a limousine decal from the Ground Transportation
Coordinator.
Sec. 34-277. Age Limits of Limousines; Other Vehicle Requirements.
(a) Effective January 1, 2004, no sedan may be over five (5) years old as calculated
from the first day of January of the model year of the vehicle.
(b) No vehicle more than four (4) years old, as calculated above, may be added to
the fleet. As vehicles in operation become older than this provision, they shall be
removed from the fleet.
(c) No limousine may be salvaged or rebuilt; "blue titled" vehicles shall not be
permitted to be operated as limousines.
(d) Vehicles in operation as limousines as of the date of the adoption of this
ordinance may continue to operate until such vehicle exceeds the age
requirement established herein.
(e) Subsections (a) and (b) of this section do not apply to stretch limousines, luxury
limousines, luxury trucks or specialty limousines. Other vehicles for which the
holder desires to operate under his operating authority must be approved by the
Ground Transportation Coordinator.
Sec. 34-278. City-wide Limousine Service Required.
(a) Each holder of operating authority is required to provide city-wide limousine
service. The holder's limousine fleet, communication system and other resources
must be sufficient to provide effective service levels to all areas of the city on a
regular basis.
(b) Except as otherwise provided in this article, a holder and limousine driver shall
provide limousine service to the general public to and from any point inside the
city that is accessible by public street.
Sec. 34-279. Blocking Entrances of Sidewalk or Building.
The limousine driver shall not obstruct entrances or passageways of any sidewalk or
building. Once engaged by his or her prearranged passenger, a limousine driver may
provide assistance to his or her passenger.
Secs.34-280--34-289. Reserved.
DIVISION 4. SHUTTLE SERVICE
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Sec. 34-290. Scope of Division 4.
Holders of operating authority for a shuttle service shall be governed by the provisions of
this division in addition to all of the provisions found in Division 1 of this article.
Sec. 34-291. Minimum Number of Shuttle Vehicles Needed Operating Authority;
Renewals.
In order for an applicant to apply for authority to operate a shuttle service in the city of
Fort Worth, the application must request authority for a minimum number of three (3)
operational shuttle vehicles including the approved adjustment to allow for reduction or
increase in the number of authorized vehicles, before it will be accepted for review and
consideration. Renewals will be granted in accordance with section 34-221 of this
chapter.
Sec. 34-292. Shuttle Vehicle Age Limit.
A holder, owner, or driver commits an offense if he operates any shuttle vehicle in the
city that is older than seven (7) years as calculated from the first day of January of the
model year of the vehicle. If a vehicle in operation is older than this provision allows, the
vehicle shall be removed from operation under the operating authority.
Sec. 34-293. Shuttle Service.
(a) A holder of shuttle service operating authority in the city shall provide the Ground
Transportation Coordinator with a description of the service to be offered that
includes a map of the entire service area, divided in sectors and schedules,
which such map shall be subject to approval by the Ground Transportation
Coordinator.
(b) A shuttle service shall maintain a level of service to the entire service area by
dispatching shuttle vehicles to any sector or schedule areas upon passenger
request.
(c) All vehicles operating under a holder's shuttle service operating authority shall be
required to maintain service to all sectors listed in the holder's operating authority
three hundred sixty-five (365) days a year.
(d) A shuttle driver shall not operate a shuttle for more than twelve (12) hours within
a twenty-four (24) hour period.
(e) A holder and driver shall follow the scheduled route on time, whether or not the
vehicle is filled to capacity. The shuttle service must serve each approved sector
within a reasonable time.
(f) Any violation of this section may be grounds for suspension or revocation of the
shuttle driver's permit or the holder's operating authority.
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Sec. 34-294. Service on Prearranged Basis; Trip Manifests.
(a) Each holder shall provide to its drivers a form or other electronic means for
maintaining a prearranged trip manifest. This shall include recording:
(1) Time, place, origin, and destination of each trip;
(2) The names and addresses of the passengers;
(3) The total number of passengers
(b) A driver furnishing shuttle service on a prearranged basis pursuant to subsection
(a) above shall show the written or electronic documentation on company
letterhead or other sufficient identification upon request by the Ground
Transportation Coordinator, the Director or his or her designee, or a peace
officer.
(c) A driver furnishing shuttle service on a prearranged basis shall not accept any
passenger except a passenger for whom service has been prearranged and
documented in accordance with this section.
(d) A driver furnishing shuttle service on a prearranged basis shall not arrive at a
location to pick up a passenger with whom prearrangement has been made more
than twenty (20) minutes before the designated pickup time.
(e) Any violation of this section may be grounds for suspension or revocation of the
shuttle driver's permit or the holder's operating authority.
Sec. 34-295. Rates; Posting.
(a) A driver or holder shall not charge a fare for operating a shuttle service that is
inconsistent with the rates authorized in the shuttle's operating authority.
(b) A holder desiring to change the authorized rates of fare must submit a written
request to the Ground Transportation Coordinator and pay a change of rate fee.
(c) The rates listed in the holder's operating authority must be strictly adhered to,
and no change in rates may be implemented without review of the Ground
Transportation Coordinator.
(d) The holder shall provide each driver with rates of fares, which rates shall be
located inside the shuttle vehicle and be available to passengers upon request.
(e) The driver or holder shall give the person paying a fare a ticket or receipt that
indicates the date, name, address, and number of the shuttle service and the
amount of the fare.
(f) The use of any type of meter or measuring device to calculate the fare for shuttle
service is prohibited.
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Sec. 34-296. Inspections
(a) Each holder's operating authority shall require each shuttle vehicle to obtain a
decal from the Ground Transportation Coordinator's office that indicates that the
shuttle service has authority to operate in the city of Fort Worth and that it has
been inspected.
(b) The Ground Transportation Coordinator, the Director, or his or her designee shall
make or cause to be made, at least every six (6) months, visual inspections of
shuttle vehicles to ensure their compliance with this article. The Ground
Transportation Coordinator's office shall maintain a record of each inspection and
shall provide the holder a copy of same. Once a shuttle vehicle is inspected and
found to be in compliance with this article, the Ground Transportation
Coordinator shall issue a decal to be displayed on the right side of the front
windshield of the vehicle.
(c) All shuttle vehicles shall be subject to inspection at any time by any designated
member of the Fort Worth Police Department, City Marshal's office, the Director
or his or her designee or the Coordinator to ensure compliance with this article. It
shall be a violation of this article for any person to delay, interfere with or refuse
to submit to such inspection. Any shuttle vehicles found not to conform to the
standards and tolerances provided for in this article shall not be approved by the
Ground Transportation Coordinator and shall be ordered out of service.
(d) If the Coordinator determines that inspection of the mechanical condition or
safety equipment of a vehicle by a certified mechanic or technician is necessary,
the holder, owner, or driver shall pay the cost of the inspection and provide
written documentation that the vehicle meets the minimum safety and emission
standards adopted by Dallas/Fort Worth International Airport.
(e) Shuttles bearing a current inspection deal issued by the Dallas/Fort Worth
International Airport may be issued a City decal without further mechanical
inspection.
(f) If a shuttle vehicle is involved in an accident or collision during the term of the
operating authority, the .holder shall notify the Ground Transportation
Coordinator's office within five (5) days after the accident or collision. Before
operating the shuttle vehicle again under the operating authority, a holder shall
have the vehicle re-inspected for safety and shall send to the Ground
Transportation Coordinator's office a sworn affidavit that the vehicle has been
restored to its previous condition.
(g) If the operation of any shuttle vehicle is found not to comply with the
requirements of this section, any designated member of the Fort Worth Police
Department, City Marshal's Office, the Director, or his or her designee, or the
Coordinator may direct that vehicle to be taken out of service until there is
installation of the required safety-related items, or be given a specific time for the
non-safety items to be corrected and presented for re-inspection
(h) A holder shall pay a vehicle inspection fee per vehicle inspection.
40
Sec. 34-297. Required Equipment.
(a) A holder or driver shall, at all times, provide and maintain in good operating
condition the following equipment for each shuttle vehicle:
(1) A heater and air conditioner;
(2) A chemical-type fire extinguisher, of at least a one-quart capacity,
conveniently located in the same compartment of the vehicle as the driver
so that it is readily accessible for immediate use.
(b) Each shuttle vehicle operating on apre-approved regularly scheduled basis or
pre-approved route must:
(1) Have a lighted front destination sign;
(2) Have a designated luggage holding area, located separately from
passenger seating;
(3) Have a uniform paint scheme approved by the Ground Transportation
Coordinator;
(4) Have atwo-way radio, cellular telephone or other approved means of
electronic communication that is operational during service hours;
(5) Have a sufficient number of back-up vehicles for each approved route;
(6) Have evidence of insurance required under Division 1 of this Article;
(7) Have a. rate schedule posted inside the vehicle in a manner approved by
the Ground Transportation Coordinator;
(8) Have the trade name of the shuttle service and a unit number
permanently affixed to both sides of the vehicle in letters at least three (3)
inches high with aone-half (1/2) inch stroke in a contrasting color.
Secs.34-298--34-309. Reserved.
DIVISION 5. HORSE DRAWN CARRIAGE
Sec. 34-310. Scope of Division 5.
Holders of operating authority for ahorse-drawn carriage service shall be governed by
the provisions of this division in addition to all of the provisions found in Division 1 of this
article.
Sec. 34-311. Minimum Number of Horse Drawn Carriages Needed for Operating
Authority; Renewals.
(a) In order for an applicant to apply for authority to operate horse drawn carriages in
the city, the application must request authority for a minimum number of two (2)
operational horse drawn carriages including the approved adjustment to allow for
reduction or increase in the number of authorized vehicles, before it will be
accepted for review and consideration. The Coordinator will review the
application to ensure that it meets the requirements of the ordinance, and upon
approval by the Coordinator, the Coordinator shall make a recommendation to
the City Council to grant operating authority. If the Coordinator denies the
application, then that decision is final unless the applicant timely files an appeal
with the Hearing Officer pursuant to Section 34-207 of this ordinance.
41
(b) Applications for renewal of operating authority shall be reviewed by the
Coordinator without a public hearing if, after investigation, the Coordinator
determines that:
(1) The holder has performed satisfactorily under the terms of the operating
authority;
(2) The service provided continues to meet the Public Necessity and
Convenience as defined by this ordinance; and
(3) The holder continues to comply with all requirements of this chapter.
(c) If all conditions of this subsection (b) are met, the Coordinator shall recommend
approval for renewal of operating authority.
Sec. 34-312. Designated Areas.
(a) The downtown designated area shall be defined by the Director.
(b) Service in the downtown designated area shall be permitted between the hours
of 7:00 p.m. and 1:00 a.m., Monday through Friday and all day on Saturday,
Sunday, and on the following holidays if the holiday falls on a Monday through
Friday: Thanksgiving Day and the Friday after Thanksgiving Day, Christmas
(December 25th), New Year's Day (January 1st), Independence Day (July 4th),
Memorial Day and Labor Day.
(c) Stockyards designated area shall be defined by the Director.
(d) Service in the stockyards designated area shall be permitted between the hours
of 9:00 a.m. and 6:00 p.m., Monday through Friday and all day on Saturday,
Sunday and on the following holidays if the holiday falls on a Monday through
Friday: Thanksgiving Day and the Friday after Thanksgiving Day, Christmas
(December 25th), New Year's Day (January 1st), Independence Day (July 4th),
Memorial Day and Labor Day.
Sec. 34-313. Designated Area /Time Exception.
(a) If a holder desires to provide horse-drawn carriage service in an area or times
other than permitted in section 34-312, the holder shall seek a "street use permit"
from the Director of Transportation and Public Works, or his or her designee, no
later than 1:00 p.m on the City business day before the day of the requested
service. In order to request a street use permit, the holder must submit the
desired route or time for the Director's review.
(b) The Director of Transportation and Public Works, or his or her designee, may
condition the street use permit with any requirement deemed to be in the interest
of public safety, such as, but not limited to, requiring the holder to have a vehicle
escort following the horse-drawn carriage on major thoroughfares or additional
temporary lighting.
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(c) If approval or conditional approval is granted, the Director of Transportation and
Public Works, or his or her designee, shall issue a "street use permit" that shall
include any required condition.
Sec. 34-314. Fares
(a) The schedule of fares shall be available upon request to passengers upon entry
into or while seated in the vehicle.
(b) A holder shall submit a schedule of fares and any revisions to the Ground
Transportation Coordinator for review.
Sec. 34-315. Equipment.
(a) Holder shall keep its equipment in a neat, clean, operable and safe condition,
and attractive to the general public.
(b) Holder shall identify each carriage with the name of the entity holding the
operating authority and shall number each of the vehicles; such letters and
numbers shall be at least one (1) inch in height.
(c) Each carriage operating in the city of Fort Worth pursuant to this article shall
have the following lighting and reflector equipment:
(1) Vehicle rear:
a. One (1) or two (2) lamps displaying red lights: The lamps shall be
at least four (4) inches in diameter and use a bulb of at least thirty-
two (32) candlepower. If only one (1) lamp is used, it shall be
mounted as far to the left, towards the front, as possible.
b. Two (2) red reflectors: The reflectors shall be at least three (3)
inches in diameter or seven (7) square inches in diameter. The
reflectors shall be mounted below the lamps, but not lower than
two (2) feet from the ground.
(2) Vehicle front: At least one (1) lamp displaying a white light: The lamp shall
be at least four (4) inches in diameter and use a bulb of at least thirty-two
(32) candlepower. If only one (1) lamp is used, it shall be mounted as far
to the left, looking forward, as possible and shall not be obscured from
view by the driver, the passenger or the horse pulling the vehicle. It shall
be mounted no less than two (2) feet from the ground.
(3) Side of vehicle. Two (2) white, yellow or amber reflectors shall be
mounted on each side of the vehicle. The reflectors shall be at least three
(3) inches in diameter or seven (7) square inches. Such reflectors shall be
mounted no less than two feet from the ground.
(4) Reflective wrap on front legs of horse. A reflective wrap must be worn by
a horse on each of its front legs. The wraps must cover at least from the
horse's ankle to the knee.
43
(d) The lamps required by this section shall be in use and operational during
nighttime hours beginning one-half (1/2) hour before sunset and at any other time
when weather conditions cause reduction in visibility.
(e) All horse-drawn carriages shall display a "slow moving vehicle" emblem on the
center rear body of the vehicle. The emblem shall be a thirteen and three-fourths
(13 3/4) inch fluorescent orange triangle with a one and five-eighths (1 5/8) inch
red reflective border. The emblem shall meet the current standards adopted by
the "American Society of Agricultural Engineers," shall be visible in daylight or at
night when illuminated by the lower beams of headlamps for a distance of not
less than five hundred (500) feet and shall be mounted not less than three (3)
feet from the ground. No decorative trim or any part of the vehicle shall cover or
obscure any part of the emblem at any time.
(f) All horse-drawn carriage wheels shall be firmly attached to the hub and shall not
wobble excessively. All spring axles and supporting structures shall be intact
without any visible breaks or deflection greater than incurred by a normal load.
(g) Each horse-drawn carriage shall be equipped with a suitable and efficient
manually operated braking mechanism designed for such carriage.
(h) The harness attachment to the horse and to the carriage shall have safety
devices to ensure that the horse cannot break away from its harness or the
carriage. The driver shall inspect the harness each day prior to placing the
carriage into service.
Sec. 34-316. Inspections
(a) Each holder's operating authority shall require each horse-drawn carriage to
annually obtain from the Ground Transportation Coordinator a decal that
indicates that the carriage is authorized to operate in the City of Fort Worth and
that it has been inspected.
(b) All horse-drawn carriages shall be subject to inspection at any time by any
designated member of the Fort Worth Police Department, City Marshal's Office,
the Director, or his or her designee, or the Coordinator to ensure compliance with
this article. It shall be a violation of this article for any person to delay, interfere
with or refuse to submit to such inspection. Any horse-drawn carriage found not
to conform to the standards and tolerances provided for in this article shall not be
approved by the Ground Transportation Coordinator and shall be ordered out of
service. The Ground Transportation Coordinator shall make or cause to be
made, at least every twelve (12) months, inspections of horse drawn carriages to
ensure their compliance with this article. The Ground Transportation Coordinator
shall maintain a record of each inspection and shall provide the holder a copy of
same. Once ahorse-drawn carriage is inspected and found to be in compliance
with this article, the Ground Transportation Coordinator shall affix ahorse-drawn
carriage decal on the carriage.
(c) Annually, the holder shall pay an inspection fee per horse-drawn carriage.
44
(d) A person commits an offense if the person operates ahorse-drawn carriage in
the city without obtaining a horse-drawn carriage decal from the Ground
Transportation Coordinator.
Sec. 34-317. Condition and Treatment of the Horse and Route.
(a) Each year, before any horse is brought into service, a licensed veterinarian who
specializes in equine medicine must examine the horse.
(b) A holder shall submit a complete state certificate of veterinarian inspection
annually to the Ground Transportation Coordinator or designee.
(c) Any horse brought into service must:
(1) Weigh at least one thousand (1,000) pounds;
(2) Be a gelding or a mare; and
(3) Be at least three (3) years old.
(d) A holder shall be responsible for maintaining the following information for each
horse brought into service:
(1) Current veterinarian examination record;
(2) Current picture of the horse; and
(3) Immunization record of rabies, tetanus, influenza and Eastern and
Western equine, updated annually.
(e) All holders shall provide horses with sufficient and appropriate food and fresh
potable drinking water and while working, each horse shall be permitted to eat at
reasonable intervals and have access to drinking water when necessary and rest
when necessary.
(f) All holders shall keep all routes clean and free of horse excrement. The failure to
keep all routes clean is grounds for suspension or revocation of the operating
authority.
(g) A horse shall not be left unattended except when confined to a stable or other
enclosure.
(h) A holder may not work a horse when the temperature at any Fort Worth site
monitored by the National Weather Service is reported to be at or below thirty
(30) degrees Fahrenheit.
(i) A horse cannot work more than two (2) hours when the temperature is reported
to exceed ninety-five (95) degrees Fahrenheit.
Q) A horse cannot work more than two (2) hours when the combined temperature
and humidity index for Fort Worth exceeds a numerical value of one hundred fifty
(150), as measured by the National Weather Service.
(k) The Ground Transportation Coordinator shall have the authority to implement
programs to ensure public safety.
45
Secs.34-318--34-329. Reserved.
DIVISION 6. PEDICAB
Sec. 34-330. Scope of Division 6.
Holders of operating authority for a pedicab service shall be governed by the provisions
of this division in addition to all of the provisions found in Division 1 of this article.
Sec. 34-331. Minimum Number of Pedicabs Needed for Operating Authority;
Renewals.
(a) In order for an applicant to apply for authority to operate pedicab service in the
city of Fort Worth, the application must request authority for a minimum number
of two (2) operational pedicabs including the approved adjustment to allow for
reduction or increase in the number of authorized vehicles, before it will be
accepted for review and consideration. The Coordinator will review the
application to ensure that it meets the requirements of the ordinance, and upon
approval by the Coordinator, the Coordinator shall make a recommendation to
the City Council to grant operating authority. If the Coordinator denies the
application, then that decision is final unless the applicant timely files an appeal
with the Hearing Officer pursuant to Section 34-207 of this ordinance.
(b) Applications for renewal of operating authority shall be reviewed by the
Coordinator without a public hearing if, after investigation, the Coordinator
determines that:
(1) The holder has performed satisfactorily under the terms of the operating
authority;
(2) The service provided continues to meet the Public Necessity and
Convenience as defined by this ordinance; and
(3) The holder continues to comply with all requirements of this chapter.
(c) If all conditions of this subsection (b) are met, the Coordinator shall recommend
approval for renewal of operating authority.
Sec. 34-332. Pedicab Designated Areas.
(a) The downtown designated area shall be defined by the Director.
(b) Service in the downtown designated area shall be permitted between the hours
of 7:00 p.m. and 1:00 a.m., Monday through Friday and all day on Saturday,
Sunday, and on the following holidays if the holiday falls on a Monday through
Friday: Thanksgiving Day and the Friday after Thanksgiving Day, Christmas
(December 25th), New Year's Day (January 1st), Independence Day (July 4th),
Memorial Day and Labor Day.
(c) Stockyards designated area shall be defined by the Director.
46
(d) Service in the stockyards designated area shall be permitted between the hours
of 7:00 p.m. and 3:30 a.m., Monday through Friday and all day on Saturday,
Sunday and on the following holidays if the holiday falls on a Monday through
Friday: Thanksgiving Day and the Friday after Thanksgiving Day, Christmas
(December 25th), New Year's Day (January 1st), Independence Day (July 4th),
Memorial Day and Labor Day.
Sec. 34-333. Area /Time Exception.
(a) If holder desires to provide pedicab service in areas or times other than permitted
in section 34-332, holder shall seek a "street use permit" from the Director of
Transportation and Public Works, or his or her designee, no later than 1:00 p.m.
on the City business day before the day of the requested service. In order to
request a street user permit, holder must submit the desired route or time for the
Director's review.
(b) The Director of Transportation and Public Works, or his or her designee, may
condition the street use permit with any requirement deemed to be in the interest
of public safety, such as, but not limited to, requiring the holder to have a vehicle
escort following the pedicab vehicle on major thoroughfares or additional
temporary lighting.
(c) If approval or conditional approval is granted, a "street use permit" shall be
issued that shall include any required condition(s).
Sec. 34-334. Fares
(a) The schedule of fares shall be available upon request to any passenger upon
entry into or while seated in the vehicle.
(b) A holder of a grant of operating authority shall submit a schedule of fares and
any revisions to the Ground Transportation Coordinator.
Sec. 34-335. Pedicab Equipment.
(a) Holder shall keep its equipment in a neat, clean, operable and safe condition with
state and federal laws, attractive to the general public.
(b) Holder shall identify each pedicab vehicle with the name of the entity holding the
operating authority and the unit number of each vehicle located on the rear of the
vehicles; such letters and numbers shall be at least two (2) inches high.
(c) A holder or driver shall, at all times, provide and maintain in good operating
condition the following items and equipment for each pedicab vehicle:
(1) Head lights;
(2) Taillights;
(3) A braking system;
(4) Rubber on all wheels;
(5) A slow moving vehicle sign attached to the rear of the vehicle;
47
(6) Evidence of insurance;
(7) Decal;
(8) Two (2) reflective leg wraps;
(9) Safety helmet;
(10) Seat belts.
Sec. 34-336. Inspections.
(a) The holder of each pedicab vehicle grant shall annually obtain from the Ground
Transportation Coordinator a decal that indicates that the pedicab vehicle has
authority to operate in the city of Fort Worth and that it has been inspected.
(b) All pedicab service shall be subject to inspection at any time by any designated
member of the Fort Worth Police Department, City Marshal's Office, the Director
or his or her designee, or the Coordinator to ensure compliance with this article.
It shall be a violation of this article for any person to delay, interfere with or refuse
to allow such inspection. Any pedicab vehicle found not to conform to the
standards and tolerances provided for in this article shall not be approved by the
Ground Transportation Coordinator and shall be ordered out of service. The
Ground Transportation Coordinator shall make or cause to be made, at least
every twelve (12) months, inspections of pedicab vehicles to ensure their
compliance with this article. The Ground Transportation Coordinator's office shall
maintain a record of each inspection and shall provide the holder a copy of same.
Once a pedicab vehicle is inspected and found to be in compliance with this
article, the Ground Transportation Coordinator shall affix a pedicab decal on the
vehicle.
(c) Annually, the holder shall pay an inspection fee per pedicab vehicle.
(d) If a pedicab is involved in an accident or collision during the term of the operating
authority, the holder shall notify the Ground Transportation Coordinator's office
within five (5) days after the accident or collision. Before operating the pedicab
again under the operating authority, a holder shall have the vehicle re-inspected
for safety and shall send to the Ground Transportation Coordinator's office a
sworn affidavit that the vehicle has been restored to its previous condition.
(e) A person commits an offense if the person operates a pedicab service in the city
without obtaining a pedicab decal from the Ground Transportation Coordinator.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the Code
of the City of Fort Worth, Texas (1986), 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.
48
SECTION 3.
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 4.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall
be subject to a fine of not more than Five Hundred Dollars ($500.00) for each offense.
Each day that a violation exists shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to
any and all violations of the provisions of the ordinances amended in Section 1, which 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.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish a
descriptive summary of this ordinance and the penalty for violation of its provisions twice in
49
the official newspaper of the City, as authorized by Chapter XXV, Section 2 of the Charter
of the City of Fort Worth, Texas.
SECTION 7.
This ordinance shall be in full force and effect after its passage and publication as
required by law, and it is so ordained.
APPROVED TO FORM AND LEGALITY:
ASSISTAN ITY ATTORNEY
DATE: 02 ~ oC ~ 0 ~-'
ADOPTED: February 20, 2007
EFFECTIVE:.__.
50
City of Fort Worth
Vehicles for Hire
Fee Schedule
Effective Date 1Vgarch 1, 2007
Taxic~h~
• Holder Operating Authority Application -- $1,000.00 (non-refundable)
• Consent to Transfer of Holder Operating Authority -- $1,000.00 (non-refundable)
• Annual Operating Fee -- $150.00
• Annual Per Vehicle Fee --
o $200.00 per vehicle, if the vehicle uses alternative fuel as defined by the Energy Policy
Act of 1992 or is powered by hybrid-electricity; any vehicle that meets emission
standards as defined by the U.S. Environmental Protection Agency.
o $300.00 per vehicle, if the vehicle does not use alternative fuel or meet EPA standards
• Revocation of Holder Operating Authority -- $300.00 reinstatement fee(non-refundable)
• Semi-annual inspection -- $25.00 per vehicle
• Driver Application Fee -- $35.00
• Change of Driver Pernut Operating Authority Fee -- $10.00
• Replacement of Lost Permit -- $5.00
• Re-inspection Fee -- $10.00
Horse-Drawn Carriages
• Holder Operating Authority Application -- $15:0.00 (non-refundable)
• Consent to Transfer of Holder Operating Authority -- $150.00 (non-refundable)
• Annual Operating Fee -- $200.00 per horse-drawn carriage
• Revocation of Holder Operating Authority -- $300.00 reinstatement fee (non-refundable)
• Annual Inspection -- $25.00 per horse-drawn carriage
• Driver Application Fee -- $35.00
• Change of Driver Permit Operating Authority Fee -- $10.00
• Replacement of Lost Permit -- $5.00
• Re-inspection Fee -- $10.00
• Street Use Permit Fee -- $50.00 per permit
• Change in Authorized Rates -- $50.00
Vehicles for Hire
Fee Schedule
Page Two
Limousines
• Holder Operating Authority Application -- $1 S 0.00 (non-refundable)
• Consent to Transfer of Holder Operating Authority -- $1,000.00 (non-refundable)
• Annual Operating Fee -- $150.00
• Annual Per Vehicle Fee -- $25.00
• Revocation of Holder Operating Authority -- $300.00 reinstatement fee (non-refundable)
• Annual Inspection -- $25.00 per vehicle
• Driver Application Fee -- $35.00
• Change of Driver Permit Operating Authority Fee -- $10.00
• Replacement of Lost Permit -- $5.00
• Re-inspection Fee -- $10.00
• Change in Authorized Rates -- $50.00
Shuttles
• Holder Operating Authority Application -- $1,000.00 (non-refundable)
• Consent to Transfer of Holder Operating Authority -- $1,000.00 (non-refundable)
• Annual Operating Fee -- $150.00
• Annual Per Vehicle Fee -- $25.00
• Revocation of Holder Operating Authority -- $300.00 reinstatement fee (non-refundable)
• Semi-annual inspection -- $25.00 per vehicle
• Driver Application Fee -- $35.00
• Change of Driver Permit Operating Authority Fee -- $10.00
• Replacement of Lost Permit -- $5.00
• Re-inspection Fee -- $10.00
• Change in Authorized Rates -- $50.00
Vehicles for Hire
Fee Schedule
Page Three
Pedicabs
• Holder Operating Authority Application -- $150.00 (non-refundable)
• Consent to Transfer of Holder Operating Authority -- $150.00 (non-refundable)
• Annual Operating Fee -- $150.00
• Annual Per Vehicle Fee -- $25.00
• Revocation of Holder Operating Authority -- $300.00 reinstatement fee (non-refundable)
• Annual Inspection -- $25.00 per vehicle
• Driver Application Fee -- $35.00
• Change of Driver Pernut Operating Authority Fee -- $10.00
• Replacement of Lost Permit -- $5.00
• Re-inspection Fee -- $10.00
• Street Use Permit Fee -- $50.00 per permit
• Change in Authorized Rates -- $50.00
City ®f Fort VI/orth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 2/20/2007 -Ordinance No. 17412-02-2007
DATE: Tuesday, February 20, 2007
LOG NAME: 38CHAPTER 34 REFERENCE NO.: G-15536(Corrected)
SUBJECT:
Adoption of Ordinance Amending Chapter 34, "Vehicles for Hire," Article VI, "Ground Transportation
for Hire" of the City Code of the City of Fort Worth and Adoption of the Fee Schedule for Ground
Transportation Services
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance amending Chapter 34, "Vehicles for Hire," Article VI, "Ground
Transportation for Hire" of the City Code of Fort Worth (1986);
2. Adopt the attached Fee Schedule for Ground Transportation Services; and
3. Authorize the changes to Chapter 34, "Vehicles for Hire" and the new Fee Schedule to become effective
March 1, 2007.
DISCUSSION:
On June 28, 2005, the City Council (M&C G-14843) authorized the City Manager to negotiate and execute
a contract with Schaller Consulting to conduct a study to determine the best possible regulatory system for
vehicles for hire, to perform an analysis of the appropriate number of taxicabs, shuttles and limousines
operating within the city, and to review other matters such as the level of street rental fees and
administrative procedures in the Ground Transportation Office.
On February 21, 2006, Schaller Consulting presented its findings and recommendations to the City Council.
This study addressed numerous issues concerning the quality of service, procedures in granting operating
authority for taxicab, shuttle and limousine services, fares, fees, administrative licensing issues, payment
options and coordination of ground transportation throughout the region. The City Council directed staff to
proceed with the implementation of Schaller Consulting's recommendations and make the appropriate
revisions to the Ground Transportation Ordinance (Chapter 34 of the City Code). On April 4, 2006, the City
Council (M&C G-15191) authorized implementation of fee changes for limousine services as recommended
by Schaller Consulting.
Based on recommendations in the Schaller study, staff proposes changes to Chapter 34 of the City
Code. The major proposed changes include:
1) Establishment of a "Vehicle for Hire Review Board" to review applications for operating authority for
taxicabs and shuttles and to make recommendations to the Council;
2) Establishment of specific factors to determine "Public Necessity and Convenience";
3) Establishment of incentives for the use of Alternative Fuel Vehicles;
4). Setting a minimum number of vehicles which companies are required to operate under their grant of
operating authority; this includes increasing the minimum number of taxicabs to fifty;
Logname: 38CHAPTER 34 Page 1 of 2
5) Establishing apre-approved variance by which companies can reduce or increase the number
of authorized vehicles administratively;
6) Establishing a standard three year grant of operating authority;
7) Requiring new drivers to be screened for drug and/or alcohol use, and providing for random screening
of all drivers;
8) Increasing the required completion of a Defensive Driving Course by driver applicants from six months
to 12 months prior to their application;
7) Issuing driver permits for two years; and
8) Increasing fines for violations of the ordinance from $200 up to $500.
The ordinance requires that the fee schedule be approved by the City Council. Therefore, staff is also
recommending the attached fee schedule be adopted, and that the proposed changes to the ground
transportation ordinance and the new fee schedule become effective March 1, 2007.
FISCAt_ INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/AccountlCenters
FROM Fund/Account/Centers
Submitted for CitkManager's Office by: Karen Montgomery (6222)
Originating Department Head: Elsa Paniagua (6711)
Additional Information Contact: Elsa Paniagua (6711)
Logname: 38CHAPTER 34 Page 2 of 2