HomeMy WebLinkAboutOrdinance 2661 ORDINANCE NO. 2-461
AN ORDINANCE REGULATING THE OPERATION OF TAXICABS IN
THE CITY OF FORT WORTH, TEXAS; DEFINING TERMS; REQUIR-
ING A CERTIFICATE OF NECESSITY AND CONVENIENCE; PRO-
VIDING FOR THE SUSPENSION OR REVOCATION OF SUCH A CER-
TIFICATE; FORBIDDING THE TRANSFER OF SUCH A CERTIFICATE
WITHOUT THE CONSENT OF THE CITY COUNCIL; CONTAINING
SPECIAL PROVISIONS REGARDING THE ISSUANCE OF CERTIFI-
CATES OF NECESSITY AND CONVENIENCE TO THOSE NOW HOLDING
CERTIFICATES ISSUED UNDER ORDINANCE NO. 1759; REQUIRING
THE PAYMENT OF STREET RENTALS; SETTING OUT LEGAL RATES
TO BE CHARGED BY TAXICABS; REQUIRING TAXIMETERS ON ALL
TAXICABS; PROHIBITING CRUISING; PROHIBITING SOLICITING;
REQUIRING THAT TAXICAB OPERATIONS BE CONDgCTED FROM
FIXED PLACES OF BUSINESS; PROHIBITING PARKING TAXICABS
ON STREETS EXCEPT UNDER CERTAIN CONDITIONS; REQUIRING
OWNERSHIP OF A�TAXICAB BY THE OPERATOR THEREOF; PRO-
HIBITING PLACING ADVERTISING MATERIAL ON TAXICABS; RE-
QUIRING EACH TAXICAB DRIVER TO OBTAIN A TAXICAB DRIVERS.
PERMIT AND PAY A FEE THEREFOR; REQUIRING EACH HOLDER OF
A TAXICAB DRIVERtS PERMIT TO OBTAIN PERMISSION FROM THE
CHIEF OF POLICE AND PAY A FEE BEFORE BEING EMPLOYED BY
ANOTHER TAXICAB OPERATOR; PROVIDING FOR CANCELLATION OR
REVOCATION OF TAXICAB DRIVERS; PERMITS; REQUIRING INSPEC-
TION AND APPROVAL OF TAXICABS BY THE CHIEF OF POLICE;
REQUIRING CERTAIN MARKINGS ON EACH TAXICAB; REPEALING
ORDINANCES IN CONFLICT HERF,WITH; PROVIDING A SAVING
CJ AUSE; PROVIDING A PENALTY.FOR THE VIOLATION HEREOF;
AND PROVIDING AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
ARTICLE I.
The following definitions and phrases when used in this ordinance
have the meanings respectively ascribed to them in this section, except
where the context clearly indicates a different meanings
A. The word "street" when used in this ordinance shall mean
and include any street, alley, lane, public place or high-
way within the corporate limits of the City of Fort Worth.
B. The word "person" shall mean and include an individual, a
partnership, an association, a corporation, or arty other
organisation.
C. The word "cruising" shall mean any movement of unoccupied
taxicabs over the streets of the City of Fort Worth, ex-
cept that in the following instances the movement of such
unoccupied taxicabs shall not be construed to be within
the meaning of the word "cruising":
1. Unoccupied taxicabs proceeding to answer a re-
quest for taxicab service by a prospective pas-
senger;
2. Unoccupied taxicabs returning by the most direct
route to the location where said taxicab is custo-
marily kept, or to the taxi-stand of the operator
of said taxicab nearest to the place of discharge
of its last passenger or passengers; and
3. Unoccupied taxicabs moving over public streets
by the most direct route to a garage or other
place for automotive repairs for the purpose of
being repaired.
D. The word "driver" shall mean the person actually driving the
taxicab.
E. "Taxicab" shall mean and include every vehicle used for trans-
portation of passengers over the streets of the City of Fort
Worth, with the following exceptions, to wit:
1. A vehicle being operated pursuant to a franchise
or permit issued by the City of Fort Worth, or
pursuant to a franchise or permit legally issued
by the Railroad Commission of the State of Texas,
or pursuant to permission duly granted by proper
authority of the City of Fort Worth for a vehicle
to operate over a regular route upon a set schedule,
or pursuant to any permission duly granted by the
City Council of the City of Fort Worth, 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; and
3• Vehicles rented or leased for self-operation by
the persons actually driving the same, unless such
a vehicle is transporting for compensation persons
other than the one who actually rented or leased
the same.
F. "Taximeter" shall mean and include a mechanical instrument
or device by which the charge for hire of a taxicab is
mechanically calculated either for distance traveled or
for waiting time, or for both, and upon which such charge
is plainly registered by means of figures indicating dol-
lars and cents.
G. "Waiting time" shall include all time when a taxicab is
not in motion, occupied by a passenger, and the time con-
sumed while standing at the direction of the passenger
or person who has engaged the taxicab.
H. A "bench test" is a test of a taximeter head alone, ex-
cept that the gear box, that is, the change gears de»
signed to compensate for tires of different sizes, may
be attached,
I. A "wheel test" is a test of the entire taximeter assembly
when mounted upon a vehicle, the mechanism being actuated
by the mechanical revolution of the vehicle wheel while
the cab remains at rest.
J. A "road test" is a test similar to a wheel test except
that the mechanism is actuated as a result of cab travel.
g. The "initial mileage" or "time interval" is the mileage
or_time interval corresponding to the initial money drop*
Le "Tolerance in deficiency" is the allowable error in over-
registration, i.e., registration to the prejudice of the
passenger.
M. "Tolerance in excess" is the allowable error in under-
registration, i.e., registration to the prejudice of the
operator.
Ne The word "owner" when used in this ordinance shall be con-
strued to mean the person, firm or corporation to whom a
certificate of public necessity and convenience for the
operation of taxicabs has been issued.
0e The word "operator" when used in this ordinance in connec-
tion with taxicabs shall mean the person, firm or corpora-
tion to whom a certificate of public necessity and con-
venience has been issued and under which certificate the
particular taxicab is being operated.
P. "Motor vehicle" shall mean every aotor-propelled vehicle
used for the transportation of persons over the public
streets of the City of Fort Worth.
Q. "Operate a taxicab" shall be construed to mean the driving
of a vehicle so marked as to indicate that it is a taxi-
cab on any street of the City of Fort Worth, and shall also
be construed to mean the driving of any vehicle containing
a passenger over any street of the City of Fort Worth for
any monetary fare, unless such vehicle is being operated
pursuant to a franchise or permit issued by the City of
Fort Worth, or a franchise or permit issued by the Railroad
Commission of the State of Texas, or any permission duly
granted by the City Council of the City of Fort Worth, or
is a chartered bus carrying more than twelve (12) passen-
gers, or is an ambulance.
ARTICIN IIe
Section A. Certificate Required: No person shall drive, operate, ar
cause to be operated, nor shall any person employ, permit or allow another
to drive, operate, or cause to be operated any taxicab over any street in
the City of Fort Worth for the purpose of transporting a passenger or pas-
sengers for compensation, nor shall any person accept compensation for the
transportation of passengers without first having obtained frog the City
of Fort Worth, under the provisions of this ordinance, a permit in the form
of a certificate of necessity and convenience authorizing such operation
and acts, except a vehicle which is lawfully transporting a passenger or
passengers from a point outside to a destination within the City of Dort
Worth, or, after discharging such a passenger within the City of Fort Worth,
is returning empty by the most direct mute to its regular place of business
outside the City of Fort Worth; provided, however, that no such vehicle
without such permit shall solicit or accept a passenger or passengers from
any point within the City of Fort Worth for transportation to any desti-
nation whatsoever, and no such vehicle without such permit shall remain
waiting for more than five (5) minutes at any point in the City of Fort
Worth for a passenger brought in by it for the purpose of continuing the
journey of such passenger or for any other purpose except to have repairs
made upon it at a garage or other place where automotive repairs are cus-
tomarily made.
Section B. Application for Certificate of Necessity and Convenience
Requirements: Any person desiring a certificate of public necessity
and convenience to operate taxicabs in the City of Fort Worth, Texas, shall
file with the City Council of said City a written application for such a
certificate, and said application shall be filled out in triplicate on
forms obtained from the City Secretary of said City, shall be verified by
oath of the applicant, and shall give, among other details, the following
information:
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 of its officers and directors, to-
gether with their respective addresses, as well as a cer-
tified 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 applicant proposes to operate.
2. The make, type, model, capacity and condition of the taxi-
cabs proposed to be operated, the design and color scheme
of each taxicab, and the lettering and marks to be used
thereon.
3. The number of taxicabs for which a certificate or permit
is desired.
4. A full and complete statement of all of the applieantts as-
sets and liabilities.
$. A full list of any unpaid judgments of record against ap-
plicant, which said list shall include the name of the owner
of the judgment, the amount of said judgment, and the ad-
dress of said owner; and if said applicant be a corporation,
a full list of any unpaid judgments against any of its of-
ficers and directors, which said list shall include the name
of the owner of the judgment, the amount of said judgment,
and the address of said owner.
6. The make and type of taximeter to be installed on each
taxicab for which application for certificate of necessity
and convenience is made.
7. A full list of any and all liens, mortgages and other en-
cumbrances on said taxicabs, which said list shall include
the amount secured by said lien, mortgage or other encum-
brances, the amount then due thereon, the character of such
lien, mortgage or other encumbrance, and the name and ad-
dress of the holder of said lien, mortgage or other encum-
brance.
S. A list of all convictions of the applicant of violations
of any and all federal, state or municipal laws; and if the
applicant be a corporation, a list of all convictions of
all officers and directors of said corporation 'of viola-
tions of any federal, state or municipal laws.
9. Rill information pertaining to the extent, quality and char-
acter of the service that applicant proposes to render.
10. Facts showing the demand, need and necessity for such service.
11# A full and complete' statement of the e3qperienee, if any, the
applicant has had in rendering such services in the City of
Fort Worth or elsewhere; and if the applicant be a corpora-
tion, a full and complete statement'of the experience the'of-
ficers and directors have had in rendering such service in
the City of Fort Worth or elsewhere.
12. The amount applicant proposes to charge for the rendition
of such service.
13. Any such other and additional information as may be required
by the City Council of the City of Fort Worth in its discre-
tion.
Section C. Granting of Certificate: After receiving any application
for such a certificate of necessity and convenience, the City Council shall
make or cause to be made by its agents or employees, or by persons desig-
nated by it, such investigation as it may consider necessary, which said
investigation may include any hearing or hearings that the persons authorized
by the City Council to make such investigation may deem necessary, and the
City Council shall determine whether or not the public necessity and con-
venience require the operation of such taxicab or taxicabs and whether or
not the applicant is fit and proper and qualified and able to efficiently
conduct such business and render such service to the public. In determining
whether or not said certificate should be issued, the City Council shall
consider, among other things, the following items:
10 Probable permanency and quality of the service offered by
the applicant, the experience he has had in rendering such
service in the City of Fort Worth, or similar service else-
where, and the past record and experience of the applicant
in adjusting claims and paying judgments, if any, to claisr-
anttis.
2. The financial ability of the applicant to respond in damages
to claims or judgments arising by reason of injury to per-
sons or damage to property resulting from operation of a
taxicab.
3. The price the applicant proposes to charge for a service to
be rendered and whether or not adequate and dependable serv-
ice can be rendered for such a price.
4. The character and condition of the taxicabs to be used.
5. If said applicant'be a corporation, the fitness of the offi-
cers, directors' and stockholders of the corporation making
such application, and each of the above enumerated items as
applied to each of said stockholders, officers and directors.
6. The character and past record of the applicant; and if said
applicant be a corporation, of its officers, directors and
stockholders.
The evidence in any imrestigationr inquiry or hearing may be taken
by the City Council as a mole or by any councilman, councilmen, agent,
agents, employee, employees, representative or representatives authorised,
requested or designated to conduct and carry on such investigation, inquiry
or hearing by the City Council, and every finding and/or opinion made by
such person or persons authorised or instructed to conduct such investiga-
tion, inquiry or hearing shall be the finding or opinion of the City Council
itself when presented to the City Council in open meeting and adopted, ap-
proved or confirmed by said. City CouncilO If the City Council finds that
the public necessity and convenience do not require the operation of any
additional taxicabs or that the applicant is not fit to conduct such busi-
ness for any reason, or that the interest of the general public in the City
of Fort Worth will best be served by the refusal of such application, then
it shall forthwith refuse such application and no certificate shall issue
to such applicant. If the City Council finds that the public necessity
and convenience require the operation of the number of taxicabs applied for,
or of a lesser number, and that the applicant is fit and qualified, morally
and financially, to conduct the business, and that the general welfare of
the citizens of the City of Fort Worth will beat be served by addition of
more taxicabs, and that all other requirements of this ordinance have been
fully complied with by the applicants it shall notify the applicant and
all holders of certificates of public necessity and convenience issued
under this ordinance of its findings. In the event of such a finding,
the then holders of certificates of necessity and convenience issued under
the terms of this ordinance shall be given a period of thirty (30) days
within which to add a sufficient number of taxicabs to their operating
fleets to take care of the need found to exist by the City Council. If
within said thirty (30) day period said taxicabs are added and so located
as to fill adequately the need found to exist, then the City u wil shall
forthwith refuse the application and no certificate or permit7hissue
to such applicant; however, if the then holders of certificates of neces-
sity and convenience issued under the terms of this ordinance fail to ob-
tain the additional taxicabs needed and to so locate them as to adequately
fulfill the need found to exist within said thirty (30) day period, then
the City Council shall grant such application forthwith and the City Secre-
tary of the City of Fort Worth shall issue to the applicant a certificate
of necessity and convenience authorising him to operate the number of taxi-
cabs within the corporate limits of the City of Fort Worth specified by the
City Council.
No certificate or permit issued under the terms of this ordinance
shall be transferable without the formal consent and approval of the City
Council of the City of Fort Worth after proper application made thereto.
If the City Council deems it necessary or advisable after receipt of such
an application for permission to transfer such a certificate, then it may
make or order to be made such investigation as it deems necessary to satis-
fy itself that the proposed transferee is a fit and proper person to con-
duct such business, that said transferee is financially able to conduct
such business and to pay any claims for damages vhich might be asserted
against him by virtue of the operation of such taxicabs, and that the opera-
tion of such business by the transferee Will be beneficial to the general
public in the City of Fort Worth.
Section D. Additional Taxicabs: The owner of any certificate of
necessity and convenience issued under the terms of this ordinance shall
be authorized to operate in the City of Fort Worth only the number of taxi—
cabs specified on such certificate; however, if the public necessity and
convenience require the operation of additional taxicabs at any time, then,
after formal application to the City Council, the City Council may authorize
said holder to add additional taxicabs to his fleet. Before passing upon
such application, the City Council may, if it deems it desirable, make or
cause to be made by its agents, employees or designated representatives
such investigation as it deems necessary to ascertain Whether or not the
public necessity and convenience require the addition of more taxicabs„
If the City Council finds that the public necessity and convenience require
the addition of more taxicabs, then it shall authorize the applicant or
applicants to add to his or their fleet a designated number of taxicabs.
After such authorization, the person so authorized may then operate the
number of taxicabs specified in the certificate of necessity and convenience
originally granted to it, plus the number of taxicabs it is authorized to
add to its fleet as set out above.
Section E. Suspension or Revocation of Certificate: If for any rea—
son the City Council of the City of Fort Worth deems that the general wel—
fare of the citizens of Fbrt Worth requires; such action, or that the best
interest of the City of Fort Worth Will be served thereby, the City Council
may, by formal action, and without any notice to the holder thereof, sus-
pend for any period up to but not exceeding thirty (30) days any certificate
of necessity and convenience. issued by it under the terms of this ordinance.
In the event of such a suspension, then from and after the time of said
suspension, and for the duration of such suspension, said certificate of
necessity and convenience shall be of no force and effect and the holder
thereof shall not be authorized to operate taxicabs in the City of Fort
Worth. For good cause, the City Council may, by formal action, lessen or
terminate any such period of suspension. If the holder of any certificate
of necessity and convenience shall show by his actions that he is not a
fit and proper person to operate taxicabs in the City of Fbrt Worth, or if
the financial position of said holder shall reach such a condition that
the City Council does not deem said holder able to pay in full reasonable
claims for damages which might be legally established and confirmed, or if
for good and sufficient reason the general welfare of the citizens of the
City of Fort Worth will best be served by such action, the City Council
may, after a hearing as set out below, revoke and cancel any certificate
of necessity and convenience issued by it under the terms of this ordinance.
In the event of such revocation and cancellation, said certificate shall
be thereafter completely null and void and of no further force and effect.
However, the hearing specified above shall not be held until notice has
been given to the holder of the certificate in question of said hearing
by registered mail addressed to said holder at the address shown on the
records of the. City of Fort.Worth and a period of at least five (5) days
has elapsed since the mailing of such notice. Further, such notice shall
specify the time and place of the hearing and shall list the reasons why
the general welfare of the City of Fort Worth requires the revocation and
cancellation of such certificate. The holder of the certificate in ques-
tion shall be allowed to be present at said hearing, which shall be public,
and shall be allowed to be represented by counsel, if the holder deems the
same advisable. He shall have Rill opportunity to disprove any and all
charges and allegations set out against him or his operations in said.
notice. Said hearing may be conducted by the City Council or any agent,
employee%r representative designated by it. If.conducted by an agent,
employee or representative, then upon approval and adoption of the City
Council of findings of fact made by the person or persons conducting such
hearing, said findings of fact so approved and adopted shall be and become
the findings of the City Council of the City of Fort Worth. If the find-
ings of fact made after such a hearing show that the operator is not a fit
and proper person to conduct such business, or is unable to pay in full
reasonable claims for damages which might be asserted, or that for any
reason the general welfare of the citizens of the City of Fort Worth or
the best interests of said City will be served beat by such action, then
the City Council shall revoke and cancel the certificate of necessity and
convenience in question, and there shall be no appeal of any nature from
such action*
Section F. Special Provisions Regarding Those Holding Certificates
of Necessity and Convenience.Imsued Under Ordinance No. 1759: An persons
holding certificates of necessity and convenience to operate taxicabs is-
sued under the provisions of Ordinance No. 1759 shall be required to file
applications for certificates of necessity and convenience under the terms
of this ordinance. However, unless in the opinion of the City Council of
the City of Fort Worth such holders of certificates of necessity and con-
venience shall have become unfit persons to operate taxicabs in the City
of Fort Worth or shall not be able to produce proof of ability to respond
in damages or to pay reasonable claims for injuries to persons or properties
which might occur by virtue of negligent acts of persons driving taxicabs
pursuant to a certificate issued to said operator, certificates of necessity
and convenience shall be issued under the terms of this ordinance to such
operators granting permission to operate the number of taxicabs they are
now permitted to operate by virtue of certificates heretofore issued under
Ordinance No. 1759.
ARTICLE III.
As compensation or rental or license fee for the privilege of operat-
ing upon and using the public streets, alleys and thoroughfares of the
City of Fort Worth in conducting and carrying on the business of transport-
ing passengers for compensation on and over said streets and thoroughfares
in taxicabs, each holder of a certificate of necessity and convenience
issued under the terms of this ordinance shall pay to the City of Fort
Worth at the office of the Commissioner of Accounts of the City of Fort
Worth an amount equivalent to two per cent (2%) of the gross revenues de—
rived from the operation of taxicabs operated by him, which said amount
shall be paid monthly for each calendar month on or before the 15th day
of each succeeding calendar month. The compensation provided for herein
shall be in lieu of all other fees to be paid by taxicab operators imposed
by any other ordinance now in force, but shall not be construed to be in
lieu of any validly assessed ad valorem taxes.
Each holder of a certificate of necessity and convenience shall file
with the Supervisor of Public Utilities of the City of Fort Worth a sworn
statement showing all receipts for such calendar month, and said sworn
statement shall be filed prior to the loth day of the succeeding calendar
month. The grantees herein shall install and accurately and correctly
keep a system of books which shall accurately reflect all receipts from the
operation of taxicabs. Each system of bookkeeping of each holder of a
certificate of necessity and convenience shall be approved by the Super-
visor of Public Utilities of the City of Fort Worth, and if from time to
time said Supervisor of Public Utilities deems any changes in said book—
keeping systems to be necessary, such changes shall be made immediately
upon receipt of request from said Supervisor to make such changes. Said
books shall be subject to inspection at any reasonable time by the City
Council or the Supervisor of Public Utilities, or person or persons desi&w
nated by the City Council or the Supervisor of Public Utilities. Failure
or refusal to keep adequate, accurate and correct books of account and to
make such reasonable changes in bookkeeping systems as may be requested
by the Supervisor of Public Utilities shall be adequate and sufficient rea—
son for revocation and cancellation by the City Council of any certificate
of necessity and convenience granted by it under the terms of this ordinance*
Upon report to the City Council of the failure of any holder of a cer-
tificate of necessity and convenience to file with the Supervisor of Public
Utilities a sworn statement showing all receipts from taxicab operations
for the preceding calendar month by the 10th day of each month, or.upon re-
port to the City Council of failure of any holder of a certificate of neces-
sity and convenience to pay an amount equivalent to two per cent (2%) of
the gross revenues derived from the operation of public taxicabs for the
preceding calendar month before the 15th day of any calendar month, the
City Council shall automatically suspend the certificate of necessity and
convenience issued to the person thus in default, and said suspension shall
continue and be in full force and effect until it shall be reported to the
City Council at a regular meeting that said omission or default has been
corrected.
ARTICLE IV,
Section A. Rates: The prices to be charged by all taxicab operators
in the City of Fort Worth, which prices are hereby declared to be fair and
reasonable for such services, shall be as follows:
1. Fbrty-five cents (450 for the first two and one-
half (2-1/2) miles or fraction thereof traveled;
2. Ten cents (10#) for each additional one-half (1/2)
mile or fraction thereof after the first two and
one-half (2-1/2) miles traveled; and
3e Two and one-half cents (2-1/20) per minute for wait-
ing time and two dollars ($2.00) per hour for driv-
ing time on special trips or sightseeing tours.
The rates set out above shall be the sole charge made or collected, whether
there be one (1), two (2), three (3) or four (4) passengers, and there shall
be no additional charge made for ordinary luggage or ordinary bags or ordi-
nary parcels being carried by such passenger or passengers. It shall be
unlawful for any driver of a taxicab to demand or receive a fee or charge
for taxicab services in excess of the ordinance rate above specified. How-
ever, nothing herein contained shall be construed as requiring a taxicab
to carry trunks, very large packages, very large parcels, or articles or
objects likely to injure or damage the taxicab, it being the intent hereof
that there be no additional charge for any, ordinary, baggage or ordinary par-
cels accepted by the taxicab driver.
ARTICLE V.
It shall be unlawful for any owner or operator or driver of any taxi-
cab to operate or cause to be operated, or drive or cause to be driven,
any taxicab on the streets, alleys or public thoroughfares of the City of
Fort Worth unless the same is equipped with a taximeter, as defined herein,
approved by the Chief of Police or his duly authorized representatives,
and it shall be the duty of every owner using any taximeter at all times
to keep the same accurate, and same shall be subject to inspection by the
Weight and Measure Department of the City of Fort Worth, or any agent ap-
pointed or authorized to act for such department, for accuracy.
Taximeters shall be connected to the transmission or main drive shaft
of the taxicab and shall be placed in the driver's compartment on the right-
hand side of the taxicab, with the face of such taximeter upon which the
fare is recorded directed toward the passenger compartment and so situated
as to be wholly visible to, and clearly discernible by, a passenger sitting
in any part of the rear seat.
No person shall operate or permit to be operated or drive for hire any
taxicab unless the taximeter shall have been sealed by the owner or his
representative, or by the Weight and Measure Department of the City of Fort
Worth, with wire and lead seals as follows:
A. The mechanism shall be sealed within a case;
B. The meter shall be sealed to meter brackets; and
C. Driving equipment shall be sealed at the upper end
to the meter bracket,
The face or dial of each taximeter shall be illuminated by suitable
light arranged so that the figures may be read by any passenger in the
taxicab,
The height of the numeral indicating the fare charge shall not be
less than one-half (1/2) inch.
All taximeters shall be subject to inspection and test by the Weight
and Measure Department of the City of Fort Worth at any time, and any taxi-
meter found not to conform to the tolerance established in this ordinance
shall be ordered out of service, and the operator and driver thereof shall
be guilty of a violation of this ordinance,
Taxicab owners shall be held responsible for accuracy of taximeters
installed in their taxicabs within the tolerance allowed by this ordinance.
Inspections and tests shall be made regularly by the owners at least once
every six (6) months, and more often if necessary, to insure continued ac-
curacy of the taximeter. A record shall be kept by the owner of each test•
of a taximeter, and this record shall be available for inspection by the
Weight and Measure Department of the City at any time,
The tolerances to be allowed on all taximeters shall be as follows:
A. Tolerances on Mileage Tests
1. On bench test, with respect to the nominal
number of spindle revolutions a deficiency
tolerance of one per cent (1%j and an excess
tolerance of one per cent (1%) of the interval
under teat, with an added tolerance of one
hundred feet (100t) whenever the initial in-
terval is included in the interval under test.
2. On wheel and road tests, with respect to dis-
tance computed or actually traveled, a de-
ficiency tolerance of two per cent (2%) and
an excess tolerance in excess of two per cent
(2%) of the interval under teat, with an
added tolerance of one hundred feet (100t)
whenever the initial interval is included in
the interval under teat; provided, however,
that on a road teat, if the taxicab tires
are obviously worn, a tolerance in deficiency
of one per cent (1%) shall be allowed„
Be Tolerances on Time Tests
1. On individual time intervals, a tolerance of
three (3) seconds per minute, being five per
cent (5%) in deficiency; and a tolerance of
six (6) seconds per minute, being ten per cent
(10%) in excess; provided, however, that on
the initial time interval the tolerance in
excess may be nine (9) seconds per minute,
being fifteen per cent (15%).
2. On the average time interval (computed after
excluding the initial interval), no tolerance
in deficiency and a tolerance of three (3)
seconds per minute, being five per cent (5%)
in excess.
It shall be unlawful for any driver of a taxicab to break a seal on
such taximeter or to tamper with said seal, or to so manipulate such taxi-
meter as to cause it to inaccurately measure the distance traveled by the
taxicab to which it is attached; and it shall be unlawful for any driver
to drive a taxicab with a broken seal,
It shall be unlawful for any driver of a taxicab, while carrying pas-
sengers, to display the flag attached to the taximeter in such a position
as to denote that such taxicab is not employed, or to throw the taximeter
into a recording position when such taxicab is not actually employed, or
to fail to throw the flag of such meter in a nonrecording position at the
termination of each and every service.
ARTICLE VI.
Every driver of a taxicab shall have the right to demand the payment
of the regular fare before picking up a passenger and may refuse employ-
ment unless so paid; otherwise, no driver of a taxicab shall refuse or
neglect to convey any orderly person or persons upon request to anywhere
in the City unless previously engaged or unable to do so. Further, it shall
be unlawful for any driver to request payment in advance of a fare in exr-
cess of the fare prescribed in this ordinances
ARTICLE VII.
Cruising, as defined in this ordinance, is hereby prohibited. How-
ever, upon the completion of a call, or upon returning by the most direct
route to the nearest stand of the company employing said driver, or to the
regular stand of said driver, such taxicab may, if hailed by a prospective
passenger, stop and pick up such a passenger,
ARTICLE VIII.
It shall be unlawful for any taxicab driver to solicit,by word, sig-
nal, sign or otherwise, patronage for such taxicab upon any public street
of the City of Fort Worth or in or near any public place within the City
of Fort Worth.
ARTICLE I%.
Every holder of a certificate of necessity and convenience issued under
the terms of this ordinance shall maintain at least one fixed place of busi-
ness or location within the city limits of the City of Fort Worth on private
property at a place to be approved by the Chief of Police of the City of
Fort Worth. Said Chief of Police shall approve the proposed location un-
less in his opinion the installation of a taxi business at said location
would create a traffic hazard, or unless the general welfare of the citi-
zens of the City of Fort Worth would be best served by not having a taxi
business located at said place; provided, however, that no taxi business
location or taxi-stand shall be located at any place in the City of Fort
Worth if other ordinances of the City of Fort Worth prohibit the location
of such a stand or business at such place. In addition to his principal
fixed place of business, the operator of a taxicab business may have taxi-
stands and/or call boxes at other locations in the City of Fort Worth, pro-
vided that such other locations.be first approved by the Chief of Police
of the City of Fort Worth, and provided that such a use of said proposed
location is not in violation of any ordinance of the City of Fort Worth.
Except when carrying passengers, answering calls, going to or from of-
ficially designated taxicab stands or going to a garage or other place
where automotive repairs are made for the purpose of being repaired, all
taxicabs shall be kept off the streets of the City of Fort Worth and upon
premises owned by or leased to, and under the supervision and control of,
the owner or holder of the certificate of necessity and convenience by
virtue of which said taxicab is being operated within the City of Fort
Worth; provided, however, that a taxicab may occupy officially designated
taxicab stands at locations approved by the Chief of Police. No such taxi-
cab shall be kept longer upon the streets, alleys or other public places
of the City of Fort Worth than is reasonably necessary for the performance
of the public service which such taxicabs are designed to render. It shall
be unlawful for any taxicab to stand waiting employment upon any public
street or public property within the corporate limits of the City of Fort
North, and each taxicab must stand and remain, except in the immediate act
of discharging or taking on passengers upon or within private depots and
grounds, upon private premises owned or leased to the holder of the cer-
tificate of necessity and convenience by virtue of which said taxicab
I* being operated and under the control of such owner, except that nothing
herein contained shall be construed to prohibit the parking of taxicabs
immediately adjacent to the curb in any part of any public street if said
part of said street in which said taxicab is perked has been officially
designated by the Chief of Police as a street area in which taxicabs may
park and await employment.
ARTICLE X.
It shall be unlawful for any taxicab to be operated under or by vir-
tue of any certificate of necessity and convenience issued under the terms
of this ordinance unless said taxicab be owned and controlled by the owner
and holder of such certificate of necessity and convenience.
ARTICLE XI.
No commercial advertising or ooam►eroial advertising device shall be
placed on, upon or in any taxicab operated pursuant to the terms of this
ordinance, except that each taxicab shall have prominently displayed on
each side and the rear thereof the trade name of the operator thereof$
ARTICLE XII.
It shall be unlawful for any person to drive a taxicab in the City
of Fort Korth without having first obtained a taxicab driverts permit
from the Chief of Police of said City.
A written application for such a permit shall be filed, and shall be
upon a form obtained from the (chief of Police, containing, among other
matters, the following information, via.:
A showing of the experience of the applicant in driving
motor vehicles, including public vehicles; whether or not the
applicant has ever been convicted of a violation of any fed-
eral, state or municipal law, and, if so, the particulars of
each violation of which the applicant may have been convicted;
applicantts name, street address, age, sex, period of experience
in operating public vehicles, telephone number, and place of
residence for the three years isnedistely preceding the date
of said application; the taxicab operator for whom said driver
proposes to work; and such other additional information as the
Chief of Police may prescribe on said fora.
Said application shall be accompanied by at least two photographs of
the applicant taken within the last preceding three months, a certificate
by a reputable physician, who is a resident of Fort Worth, showing that
the applicant is not disabled or impaired in his ability to operate motor
vehicles safely because of any defects of sight, hearing, body, limbs or
mind, and is not addicted to the use of narcotics or any other drugs or
the excessive use of alcohol, which said certificate shall be based upon
a recent examination by a licensed physician who is an active member, in
good standing, of the Tarrant County Medical Society or of the Tarrant
County Osteopathic Society; and a certification by at least three reputable
persons personally acquainted with the applicant showing the applicant to
be a person of good moral character*
If he deems it advisable, the Chief of Police shall make such addi-
tional investigation of the applicant as he deems necessary to ascertain
whether or not he is a fit and proper person to drive a taxicab in the City
of Fort Worth. If, after examining said application and obtaining such
information as he deems advisable, the Chief of Police is satisfied that
said applicant is a fit and proper person to drive a taxicab in the City
of Fort Worth, then, upon the payment of a fee of one dollar ($1.00) by
the applicant, the Chief of Police shall cause to be issued to said appli-
cant a permit to drive taxicabs in the City of Bbrt Worth until the next
ensuing January lot. On the next ensuing January let, said applicant must
obtain a new permit after filling out a new application therefor and pay-
ing a fee of one dollar ($1.00) for the same.
If during the year the holder of such a taxicab driverts permit shall
desire to change his employment so that he will be employed by another
operator of taxicabs in the City of Fort Worth, he must first file a writ
ten statement of such intent to change employment and obtain the permis-
sion of the Chief of Police. Such permission shall not be unreasonably
or arbitrarily withheld, and unless for good cause the Chief of Police
deems it inadvisable in the public interest for such a change of employ-
ment to be made, he shall grant his permission for such a change upon payw
meat of a fee by the permit holder of one dollar (#1.00). Ls diately
after such a change has been made, all records in the Police Department
and other departments pertaining to such driver shall be corrected so as
to show the name of his new employer.
The one dollar ($1.00) permit fee herainabove set out and the one
dollar ($1..00) fee for permission to change employment are intended to defray
the cost of keeping the records in the Police Department pertaining to said
taxicab drivers so that the same will be at all times up to date*
All taxicab drivers* permits heretofore issued for the year 1949 are
hereby declared to be fully valid and in full force and effect, and it
shall not be necessary for those holding such drivers' permits to obtain
new permits until January 1,, 19509
The taxicab driverts permit must be prominently displayed at all time
in full view of persons in the back seat of the taxicab being driven by
the permittee. Said permit shall have attached to it a picture of the
permittee, his name, age, and such other information as may be deemed
proper by the Chief of Police. Further, a description of the owner's li-
cense must also be attached to the taxicab in a conspicuous place where it
can be seen easily by the passenger or passengers.
If at any time in the opinion of the Chief of Police of the City of
Fort Worth the public interest, the public safety or the general welfare
of the citizens of the City of Fort Forth will best be served by suspension
or revocation of such a driverts permit, the Chief of Police shall suspend
or shall cancel and revoke said driverts permit. No person whose driver's
permit has been so suspended or revoked shall drive any taxicab in the
City of Fort Worth until and unless said permit shall be reinstated by the
Chief of Police or he shall obtain a new driverts permite
Each holder of a permit to drive a taxicab in the City of Fort Worth
shall keep the Chief of Police fully informed at all tines as to any
changes in his residence address and telephone number from those shown
upon his application for such a permit.
ARTICLE xIII.
Before being allowed to operate upon the streets of the City of Sort
Worth, each and every taxicab shall be inspected and approved by the Chief
of Police or his representatives. No taxicab shall be driven or operated
upon the streets of the City of Fort Worth unless the some is in safe con-
dition and free of mechanical defects and with the brakes in excellent
condition,
Each and every taxicab operated upon the streets of the City of Fort
Worth shall have painted upon its rear and and both sides, in letters and
numbers more than six (6) inches in height and three (3) inches,in width,
the trade name of the organization under whose license said taxicab is
being operated and the number assigned to said taxicab by or under the
direction of the Chief of Police of the City of Fort Worth. Said letters
and numbers shall be painted on each taxicab with permanent, nonce
washable paint of a color sharply contrasting to the color of the taxi-
cab so that the same will be rea&Uy apparent, and said letters and num-
Vera shall not at any time be covered with any substance, material or
other object that would prevent the same being seen, or in any way obscure
their visibility.
ARTICLE XIO,
The Chief of Police is charged with the duty of enforcing this ordi-
nance, and all police officers shall promptly report to him all violations
of the provisions hereof or any facts coming to their attention showing
a change in the conditions existing at the time the certificate of neces-
sity and convenience was issued to the operator thereof.
ARTICLE XB.
This ordinance shall be and is hereby declared to be cumulative of
all other ordinances of the City of Fort Worth affecting traffic on its
streets, and shall not operate to repeal or affect any such ordinance or
ordinances except in so far as the provisions of such ordinance or ordi-
nancee are inconsistent or in conflict with the provisions of this ordi-
nance, in which instance or instances such conflicting provisions in said
other ordinance shall be and are hereby repealed.
ARTICLE %VI•
This ordinance is adopted under the general police power granted to
the City by its Charter. It in not intended hereby to grant or offer
any exclusive franchises; as is noted by the title of this ordinance, it
Is intended to regulate the operation of public vehicles in the City of
Fort Borth. If any section or sections, provision or provisions, or any
pert or parts of this ordinance be declared to be invalid, the same shall
cease to be operative, but the remainder of the ordinance and of each
section and provision or part or parts thereof not so declared invalid
shall continue to be in full force and effect.
ARTICLE XVII.
Any person violating any provision of this ordinance shall, upon oon-•
viotion thereof, be fined in any sum not to exceed Two Hundred Dollars
($200.00), and each violation thereof shall be and is hereby declared to
be a distinct and separate offense and punishable as such.
ARTICLE XVIII.
This ordinance shall take effect and be in full force and effect
iron and after the date of its passage and publication as provided by law,
APPROVED AS TO FORM:
Assistant City Attorney
ORDIN.A.NCE
Date
Day oYv
19
erg ;
r
City Secretary
P. O.No. 18697mR