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HomeMy WebLinkAboutOrdinance 3364A' �. ORDINANCE NO. 33b f AN ORDINANCE REGULATING THE OPERATION OF TAXICABS IN THE CITY CF FORT WORTH, TEXAS; DEFINING TERMS; REQUIRING A FRANCHISE; MAKING PROVISION FOR THE GRANTING OF FRANCHISES; SETTING FORTH RATES TO BE CHARGED FOR TAXICABS; REQUIRING TAXIMETERS ON ALL TAXICABS; PROHIBITING CRUISING AND SO- LICITING; REQUIRING THAT TAXICABS BE OPERATED FROM STANDS OR FIXED PLACES OF BUSINESS; REQUIRING TAXICAB DRIVERS TO OBTAIN DRIVERS' PERMITS; PRESCRIBING A SAVINGS CLAUSE; AND PROVIDING A PENALTY FOR THE VIOLATION HEREOF. 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 con- text clearly indicates a different meaning: A. The word "street" when used in this ordinance shall mean and in- clude any street, alley, lane, public place or highway within the corporate limits of the City of Fort Worth. B. The word "person" shall mean and include an individual, a part- nership, an association, a corporation, or any other organization. C. The words or terms "franchise," "grant of privilege" and "grant" shall be interchangeable herein and shall mean the right to operate taxicabs within the City of Fort Worth as such right is given to any person by ordinance passed by the City Council of the City of Fort Worth. 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 ve- hicle 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 dollars and cents. -1- G. "Waiting time" shall include all time when a taxicab is not in motion, occupied by a passenger, and the time consumed 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, except that the gear box, that is, the change gears designed to com- pensate 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 re- mains 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. K. The "initial mileage" or "time interval" is the mileage or time interval corresponding to the initial money drop. L. "Tolerance in deficiency" is the allowable error in over- regis- tration, I. e., registration to the prejudice of the passenger. M. "Tolerance in excess" is the allowable error in under- registra- tion, I. e., registration to the prejudice of the operator. N. The word "owner" when used in this ordinance shall be construed to mean the person, firm or corporation to whom a franchise or grant of privilege for the operation of taxicabs has been issued. 0. The word "operator" when used in this ordinance in connection with taxicabs shall mean the person, firm or corporation to whom a franchise or grant of privilege has been issued and under which franchise the particular taxicab is being operated. P. "Motor vehicle" shall mean every motor - 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 taxicab 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, un- less such vehicle is being operated pursuant to a_ franchise or Permit issued by the City of Fort Worth, or a franchise or per- mit 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) passengers, or is an ambulance. ARTICLE II. Section A. Franchise 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 taxicab over any street in the City of Fort Worth for the purpose of transporting a passenger or passengers for compensation, nor shall any person accept compensation for the transportation of passengers without first having obtained from the City of Fort Worth, under the provisions of this ordinance, a franchise or grant of privilege from the City Council of the City of Fort Worth authorizing such operation and acts except a vehicle -2- which is lawfully transporting a passenger or passengers from a point outside to a destination within the City of Fort Worth, or, after discharging such a passenger within the City of Fort Worth, is returning empty by the most direct route to its regular place of business outside the City of Fort Worth; provided; however, that no such vehicle without such grant shall solicit or accept a passenger or passengers from any point within the City of Fort Worth for trans- portation to any destination whatsoever, and no such vehicle without such grant 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 customarily made.l� Section B. Application for Franchise -- Requirements: Any person desir- ing a franchise or grant of privilege to operate taxicabs in the City of Fort Worth, Texas, shall file with the City Council of said City a written applica- tion for such a grant, 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 in- formation: 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, together with their respective addresses, as well as a certified copy of the articles of incor- poration; the trade name, if any, under which the applicant pro- poses to operate; and the address of the place or places of busi- ness from which applicant proposes to operate. 2. The make, type, model, capacity and condition of the taxicabs 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 franchise or permit is de- sired. 4. A full and complete statement of all of the applicant's assets and liabilities. 5. A full list of any unpaid judgments of record against applicant, which said list shall include the name of the owner of the judg- ment, the amount of said judgment, and the address of said owner; and if said applicant be a corporation, a full list of any unpaid judgments against any of its officers 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 a franchise or grant of privilege is made. -3- i 7. A full list of any and all liens, mortgages and other encum- brances on said taxicabs, which said list shall include the amount secured by said lien, mortgage or other encumbrance, the amount then due thereon, the character of such lien, mort- gage or other encumbrance, and the name and address of the holder of said lien, mortgage or other encumbrance. 8. A list of all convictions of the applicant of violations of any and all federal, state or municipal laws; and if the ap- plicant be a corporation, a list of all convictions of all officers and directors of said corporation of violations of any federal, state or municipal laws. 9. Full information pertaining to the extent, quality and char- acter of the service that applicant proposes to render,,._! J 10. Facts showing the demand, need and necessity for such service. 11. A full and complete statement of the experience, if any, the applicant has had in rendering such services in the City of Fort Worth or elsewhere; and if the applicant be a corporation, a full and complete statement of the experience the officers 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 discretion. Section C. Issuance of Franchise: After receiving any application for such a grant, the City Council shall make or cause to be made by its agents or employees, or by persons designated by it, such investigation as it may consider necessary, which said investigation may include any hearing or hear- ings 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 convenience require the operation of such taxicab or taxi- cabs 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.l J In determining whether or not said grant should be made, the City Council shall consider, among other things, the following items: 1. 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 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 respond in damages to claims or judgments arising by reason of injury to persons 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 service can be rendered for such a price. 1 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 investigation, inquiry or hearing may be taken by the City Council as a whole or by any councilman, councilmen, agent, agents, em- ployee, employees, representative or representatives authorized, 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 authorized or instructed to conduct such investigation, inquiry or hearing shall be the finding or opinion of the City Council itself when presented to the City Council in opening meeting and adopted, approved or confirmed by said City Coun- cil. 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 business 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 grant shall be made to such applicant. If the City Council finds that the public ne- cessity 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 best be served by addition of more taxi- cabs, and that all other requirements of this ordinance have been fully complied with by the applicant, it shall notify the applicant and all holders of fran- chises or grants made under this ordinance of its findings. In the event of such a finding, the then holders of franchises or grants made under the terms of this ordinance shall be given a period of thirty (30) days within wh ch 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 Council shall forthwith refuse the application and no grant shall be made to such applicant; however, if the then holders of -5- franchises or grants made under the terms of this ordinance fail to obtain 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, by ordinance, grant to the applicant a franchise or grant of privilege authorizing him to operate the number of taxicabs within the corporate limits of the City of Fort Worth specified by the City Council. No franchise or grant of privilege made under the terms of this ordinance shall be transferable without the formal consent and approval of the City Coun- cil 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 applica- tion for permission to transfer such grant, then it may make or order to be made such investigation as it deems necessary to satisfy itself that the proposed transferee is a fit and proper person to conduct such business, that said trans- feree is financially able to conduct such business and to pay any claims for damages which might be asserted against him by virtue of the operation of such taxicabs, and that the operation of such business by the transferee will be beneficial to the general public in the City of Fort Worth. Section D. Additional Taxicabs: The holder of any franchise or grant made under the terms of this ordinance shall be authorized to operate in the City of Fort Worth only the number of taxicabs specified in such grant; however, if the public necessity and convenience require the operation of additional taxi- cabs 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. Be- fore passing upon such application, the City Council may, if it deems it desir- able, make or cause to be made by its agents, employees or designated -repre- sentatives 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 ad- dition 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 authori- zation, the person so authorized may then operate the number of taxicabs speci- fied in the franchise or grant of privilege originally granted to it, plus the number of taxicabs it is authorized to add to its fleet as set out above. -6- Section E. Suspension or Revocation of Franchise: If for any reason the City Council of the City of Fort Worth deems that the general welfare of the citizens of Fort 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 ac- tion, and without any notice to the holder thereof, suspend for any period up to but not exceeding thirty (30) days any franchise or grant made 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 grant or franchise 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 sus- pension. If the holder of any franchise or grant shall show by his actions that he is not a fit and proper person to operate taxicabs in the City of Fort 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, repeal and cancel any franchise or grant made to such holder under the terms of this ordinance. In the event of such revocation, re- peal and cancellation, said grant 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 grant 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 speci- fy 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 grant. The holder of the grant in question 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 full opportunity to disprove any and all charges and allegations set out against him or his opera- tions in said notice. Said hearing may be conducted by the City Council or any agent, employee or representative designated by it. If conducted by an agent, -7- employee or representative, then upon approval and adoption of the City Coun- cil 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 findings 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 dam- ages 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 best by such action, then the City Council shall revoke, repeal and can- cel the franchise or grant of privilege in question. Section F. Special Provisions Regarding Those Holding Certificates of Necessity and Convenience Issued Under Ordinance No. 2661: All persons holding certificates of necessity and convenience to operate taxicabs issued under the provisions of Ordinance No. 2661 shall be required to file applications for franchises or grants of privilege 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 convenience 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, franchises or grants of privilege shall be made 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. 2661. ARTICLE III. As compensation or rental or license fee for the privilege of operating upon and using the public streets, alleys and thoroughfares of the City of Fort Worth in conducting and carrying on the business of transporting passengers for compensating on and over said streets and thoroughfares in taxicabs, each holder of a franchise or grant made 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 10 paid monthly for each calendar month on or before the 15th day of each suc- ceeding 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 ordi- nance now in force, but shall not be construed to be in lieu of any validly as- sessed ad valorem taxes. Each holder of a franchise or grant of privilege shall file with the Su- pervisor of Public Utilities of the City of Fort Worth a sworn statement show- ing all receipts for such calendar month, and said sworn statement shall be filed prior to the 10th 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 franchise or grant of privilege shall be approved by the Supervisor 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 bookkeeping systems to be necessary, such changes shall be made immediate- ly 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 designated 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 reason for revocation, repeal and cancellation by the City Council of any franchise granted by it under the terms of this ordinance. Upon report to the City Council of the failure of any holder of a franchise or grant of privilege 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 report to the City Council of failure of any holder of a franchise or grant of privilege 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, by ordinance, suspend the franchise or grant made to the person thus in default, and said suspension shall continue and M 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. Rates: The maximum price 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. Thirty -five cents (35¢) for the first one -half mile or fraction thereof traveled; - -- 2. Ten cents (10¢x) for each additional one -half mile or fraction thereof after the first one -half mile traveled; 3. An additional ten cents (10¢) for each additional pas- senger beyond the original passenger carried, except that this ten cent charge shall not be made for an ad- ditional passenger carried if said additional passenger be a minor not more than twelve years of age; 4. Ten cents (10¢) for each two minutes of waiting time, or each additional fraction thereof; and 5. Three Dollars ($3.00) per hour for traveling time on special trips or sightseeing tours. There shall be no additional charge made for ordinary luggage or ordinary bags or ordinary 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 rates above specified. However, 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 made for any ordinary baggage or ordinary parcels. Each and every taxicab operated on the streets of the City of Fort Worth shall have affixed thereto at a location in plain view of any passenger there- in a placard setting out the maximum legal rates for taxicab service, as here - inabove provided, and such rates shall be so shown thereon as to be readily visi- ble to and readable by any occupant of such taxicab. ARTICLE V. It shall be unlawful for any owner or operator or driver of any taxicab 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 -10- f 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 appointed 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 repre- sentative, 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 taximeter 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 in- stalled in their taxicabs within the tolerance allowed by this ordinance. In- spections and tests shall be made regularly by the owners at least once every six (6) months, and more often if necessary, to insure continued accuracy 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 De- partment of the City at any time. -11- 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 %) and an excess tolerance of one per cent (1%) of the inter- val under test, with an added tolerance of one hundred feet (1001) 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 deficiency tolerance of two per cent (2%) and an excess tolerance in excess of two per cent (2%) of the interval under test, with an added tolerance of one hundred feet (100`) whenever the initial in- terval is included in the interval under test; provided, however, that on a road test, if the taxicab tires are obviously worn, a tolerance in deficiency of one per cent (11%) shall be allowed. B. 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'x) 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 ex- cluding 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 taximeter 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 passengers, 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 employment unless so -12- paid; otherwise, no driver of a taxicab shall refuse or neglect to convey any orderly person or persons upon request to any place in the City unless previous- ly engaged or unable to do so. Further, it shall be unlawful for any driver to request payment in advance of a fare in excess of the fare prescribed in this ordinance. ARTICLE VII. It shall be unlawful for any taxicab driver to solicit, by word, signal, 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. Cruising is hereby prohibited. The word "cruising" shall mean any movement of unoccupied taxicabs over the streets of the City of Fort Worth, except 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 request for taxicab service by a prospective passenger; 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, or unoccupied taxicabs going to or from properly designated taxi- cab stands under direct orders from the owner of said taxicabs; 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 re- paired. However, 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 regu- lar stand of said driver, such taxicab may, if hailed by a prospective passen- ger, stop and pick up such a passenger. ARTICLE VIII. Every holder of a franchise or grant of privilege made under the terms of this ordinance shall maintain at least one fixed place of business or location within the city limits of the City of Fort Woi-th 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 unless in his opinion the installa- tion of a taxi business at said location would create a traffic hazard, or un- less the general welfare of the citizens of the City of Fort Worth would be best -13- 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. Vehicles operated under the terms of this ordinance shall be known as "pub- lic service vehicles" and permits may be issued to the grantee allowing any such vehicles while awaiting employment to stand at certain designated places upon the streets of the City of Fort Worth. Additional locations may be granted by the City Council of the City of Fort Worth, acting by and through its delegated agents, upon proper application being filed, and the issuance of such permit or permits shall remain in the absolute discretion of the City Council who 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 time, together with such other reasonable regulations thereof as it may determine proper, which regulation shall require the operator of each such vehicle to remain in his said vehicle in the proper driver's posi- tion while occupying such stand; and no such stand shall ever be used so as to interfere with proper ingress and egress to abutting private property. The stands hereby authorized are subject to the control of the Police Department and subject to change at the will of the City Council, Each of such stands shall be marked and properly designated under the supervision of the Chief of Police and or the Traffic Engineer, and insofar as it is practicable shall be located by the Police Department and /or the Traffic Engineer so as to permit the use of present established loading or unloading zones by public service vehicles as de- scribed herein. ARTICLE IX. It shall be unlawful for any taxicab to be operated under or by virtue of any franchise or grant made under the terms of this ordinance unless said taxi- cab be owned and controlled by the owner and holder of such franchise or grant of privilege. -1�+- ARTICLE X. No commercial advertising or commercial advertising device shall be placed on, upon or in any taxicab operated pu suant to the terms of this ordinance, ex- cept that each taxicab shall have prominently displayed on each side and the rear thereof the trade name of the operator thereof. ARTICLE XI. It shall be unlawful for any person to drive a taxicab in the City of Fort Worth without having first obtained a taxicab driver's 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, viz: 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 federal, state or municipal law, and, if so, the particulars of each violation of which the applicant may have been convicted; applicant's name, street address, age, sex, period Of experience in operating public vehicles, telephone number, and place of residence for the three years immediately preceding the date of said application; the taxi- cab operator for whom said driver proposes to work; and such other additional information as the Chief of Police may prescribe on said form. 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 be- cause 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 additional 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 -15- proper person to drive a taxicab in the City of Fort Worth, then, upon the pay- ment of a fee of One Dollar ($1.00) by the applicant, the Chief of Police shall cause to be issued to said applicant a permit to drive taxicabs in the City of Fort Worth until the next ensuing January 1st. On the next ensuing January 1st, said applicant must obtain a new permit after filling out a new application therefor and paying a fee of One Dollar ($1.00) for the same. If during the year the holder of such a taxicab driver's permit shall de- sire 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 written statement of such intent to change employment and obtain the permission 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 employment to be made, he shall grant his permis- sion for such a change upon payment of a fee by the permit - holder of One Dollar ($1.00). Immediately after such a change has been made, all records in the Police Department and other departments pertaining to such driver shall be cor- rected so as to show the name of his new employer. The One Dollar ($1.00) permit fee hereinabove 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 1955 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, 1956. The taxicab driver's permit must be prominently displayed at all times in full view of persons in the back seat of the taxicab being driven by the per - mittee. 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 license 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 citi- -16 - zens of the City of Fort Worth will best be served by suspension or revocation of such a driver's permit, the Chief of Police shall suspend or shall cancel and revoke said driver's 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 driver's permit. 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 times as to any changes in his residence address and telephone number from those shown upon his application for such a permit. ARTICLE XII. Before being allowed to operate upon the streets of the City of Fort 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 same is in safe condition 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 both sides, in letters and numbers more than six (6) inches in height and three (3) inches in width, the trade name of the organization under whose grant 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, non - washable paint of a color sharply contrasting to the color of the taxicab so that the same will be readily apparent, and said letters and numbers shall not at any time be covered with any substance, ma- terial or other object that would prevent the same being seen, or in any way obscure their visibility. ARTICLE XIII. The Chief of Police is charged with the duty of enforcing this ordinance, and all police officers shall promptly report to him all violations of the pro- visions hereof or any facts coming to their attention showing a change in the conditions existing at the time the franchise or grant of privilege was made to the operator thereof. -17- ARTICLE XIV. 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 ex- cept insofar as the provisions of such ordinance or ordinances are inconsistent or in conflict with the provisions of this ordinance, in which instance or in- stances such conflicting iovisions ,n said other ordinance shall be and are hereby repealed. ARTICLE XV. This ordinance is adopted under the general police power granted to the City by its Charter. It is not intended hereby to grant or offer any exclusive franchises; as is noted by the title of this ordinance, it is intended to regu- late the operation of public vehicles in the City of Fort Worth. If any sec- tion or sections, provision or provisions, or any part or parts of this ordi- nance 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 XVI. Any person violating any provision of this ordinance shall, upon convic- tion 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 XVII. This ordinance shall take effect and be in full force and effect from and after the date of its passage and publication as provided by law. APPROVED AS TO-7+ +R Assistant City Attorney -18-