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HomeMy WebLinkAboutOrdinance 15655ORDINANCE NO. 3 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH {1986}, AS AMENDED, BY THE AMENDMENT OF CHAPTER 34, "VEHICLES FOR HIRE" AS FOLLOWS: ARTICLE N., "TAX[CABS," IS REPEALED; ARTICLE VI GROUND TRANSPORTATION FOR HIRE" IS ADDED PROVIDING REGULATIONS FOR TAXICABS, LIMOUSINES, SHUTTLES, HORSE DRAWN CARRIAGES AND PEDICABS; PROVHING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A FINE OF UP TO 5200 FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TE~S:AS: SECTION 1. That the Code of the City of Fort Worth {1986}, as amended, is amended by the repeal of Article IV "Taxicabs" in Chapter 34, "Vehicles for Hire." SECTION 2. That the Code of the City of Fort Worth {1986}, as amended, is amended by the amendment of Chapter 34, "Vehicles for Hire," by the addition of Article VI, "Crround Transportation far Hire" and shall hereby read as follows: ~R"1~1('I 1~: ~l. (;KOt V1) Lh ~\~1'OIl 111 1(» I~(>Il T11R1= Sec. 3~-2(lU, llefiniti~ans. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning. Annual permit means permission granted by the city to a person to operate a vehicle for hire inside the designated area of the City of Fort Worth as provided in this article for a period of one year, renewable under the provisions of this article. Bench test means a test of a taximeter head alone, except that the gearbox (i.e., the change gears designed to compensate far tires of different sizes} maybe attached. City means the City ofFort 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. Classic Limousine means a stretch or executive service limousine that is 25 years of age or older. Age of the vehicle shall be calculated from the first day of October of the model year. 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. 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 Director of Transportation and Public Works Department or the Director's designated representative. Driver means the individual who drives or operates a vehicle for hire. ~~l'(U1/ n~C~/'ll'l~c'~(', ~~/"Cl/11,~ Thy A~~)C(~5 OI~ 1Ct~I115 ~~,~[~~ill~ (~~ }~l~lAl~C~~c'~','t~~l~lV~I~c`~~C~~ lilll~ ~~~~1'al]~~r ~I~~ill },~~ iiit~rclr,ui~~~°~lhl~~ 1~~~r~~in anal ;Hill m~~~+n tl~<~ ri~~ht t~, ~>G~~~ral~° ,i ~~l~i~l~~ f~,r )ur~~ ~'~ .. ~ ,A ll'--._ !~l'. ~ ~~\ ,1~ ~i-,~, '~'.I i. ti~. ~~Ili?I'.fl,. s~ ~ .~~'. ~~. 'II_ l ~~ ~ n.~ii~ ~. (i~~~ltlli( ~/.Ui~~~~~17il11~'l] ~ i~r~li//11~II-~I I11~,: '~,1~' }1<'1>~1I1 t~~'~l"13,11Ctj (t~ ~i~~111i1i1~(Cf ~f1~' ~r~~uu~l tran~~n~rtalion E~r~_~~~r;l~n. I/~~~n~rn,~r ~~j/i~~<'~~ m~~in~ t}~c E~~~r~<~Il ~~~ho i~ a}~~~~~int~~l h~ ll~~~ (~it~ C r>un~:il to act :~ tl~~ ?~:;ll~lii`.' ~~~~{~~~ I`. Illlll;l~?~1;1~ ~~?Ul~f ~)r,ifl 1u~u,t 1-i, _'~i~i,, Il~lder means a person, association or corporation who is granted an annual permit to operate a vehicle for hire or is granted the privilege to operate a vehicle for hire service under this article. Me~rse-drawn carriage means a chauffeured non-mot«rized vehicle drawn by a horse used to transport persons for hire that typically operates in designated areas or on approved routes. Mr~rse-drawn carriage stand means a public place reserved exclusively for use by horse- drawn carriages. Initial mileage, time interval ar drop means the mileage or time interval corresponding to the initial drop. 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 chauffeured luxury sedan, stretch limousine or other vehicle owned or leased by the holder and approved by the Ground Transportation Coordinator to be used as a limousine to transport a person on apre-arranged basis. Such limousine shall have a seating capacity of not more than fifteen passengers including the driver. Luxury Sedan- means a motor vehicle that is designated by the manufacturer as a full-size sedan that has at least four doors; a rated seating capacity of six passengers or less, including the driver; whose interior and exterior, including all parts, features, appointments, equipment and accessories, are in excellent condition both in operation and in appearance; and is approved by the Ground Transportation Coordinator for use as a Luxury Sedan. Motor vehicle means every motor-propelled vehicle used for the transportation of persons over tl7e public streets of the city. Dpcrure u vehicle fr~r hire means the driving of a vehicle for hire containing a passenger in the city for a monetary fare. C~j?c~rotor shall mean the same as the term "holc~cr'" defined herein. ~~~~t'l;ll(~1'~ ,1tlU1~~l-ill Ill~'<111~ ~?f}\ I'l''_'i ~;Illf~ii ilihjl'I I~?i .11~!11~i~' 1 );~ /ii ~ Ill~.tll~ ';~ ~ ~~C1~~~1; ~i~ '.1 ~;t ~,Illr , X11'. ~ ~ Il~~ ~~~a ;Ili ~~f~~'~.iifi~li ~~i .I ~.'~]i~~~~ ~i~f- Illr~ I;,i~ h~~'li i~~U~il 1'<'rlrcuh shall mean a ~1e~icc ~~itl~ t}u~ecuz il,~,rc ~~heel~ pr~~pellccl c.~elusi~el~ h~ hurr~a~~ 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 Rasis 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. Preappro~~ed 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 Road test means a test similar to a wheel test or hench 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 7 passengers and not more than 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. Street means any street, alley, lane, public place or highway within the City of Fort Worth. Sn~c~tch Linr~«s~inc~- means a luxury sedan ~4~ith a wheelbase that has been extended not less than 1 ~ inches frot» its ori~~inal len;~th and leas a rated seatin~~ caE7acit~~ ofi t~ hasscn,~ers car less. ineludin_~ the ~lri~cr. and aE~E~rc~~ «i h. the Ciroun~I ~I ransi~~~rtation ~ iui~~ii111~11t~1 ~~~1 i~lc tl~c a~ a ~11c(~~~1 ~ II1'~,~~~.i~llic ~~lt;t,~ ?li~',~I~ ,. ~~}.ili~~l.~il~; lilt~li~1 ..'~ll~l~ ilea .~alhf~~~,~ j~~l~illl~ it11 ~llf"~ 1)lal, l~~~ica~~\ 1~j~Ci,1~l'~ ~~U IC[c_'iaal I~-~U1~`~, iff~L'UI~ll ~~a'~ tjU;'c~ allli t~Il a half alll~CIcI11aIlC~ f~a~l~., but ~1~,~, n~,t inclu~lc ~ 1 1 ~ chicle hcin ~ c,}~cratc~i ~~ursu<int tc~ a t~ranchi~c, ~~r,int <_~~~ E~ri~ilc~e. or~ ~~crn~it issuc~l h~ the city t~c~r unr~thcr t~~~c uf~senicc as may he f~r~~n~ time 'i+',lil~. ~ .tom ~',.'~~ aal~ t~~. ~_~`, !~, 'i: a?l.. ;~', ~~~~ VA: ~. ail ~1'il~All,lll' ~l~ a 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 {l2} or more passengers. {2} Vehicles being used as ambulances. {3} Vehicles rented ar 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. Taxicab stand means a public place reserved exclusively for use by taxicabs. Taximeter means a device that mechanicallylelectronically 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 privilege. Transfer shall mean any form of sale, conveyance, assignment, lease, sublease or merger involving a holder of a grant of privilege, 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. Vehicle fvr 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. Vc°hiclc~ j~~r ftirr Glrri~cr's permit means the picture identiricatio~t card issued E~y the city aufhuri~ii7~~ au incii~ iclual in ~,E~erate a ~ chirlc i~~r hu~r ~~s desi~~nate~l h~ the permit. ;~~: .1"11 ;'~'i, ~~r ih~' illi7~' ~~111>liililc{ VA ~lli~' >;~Ul~h ll i .li ;ilk' c~i f~~.'I I~~II ~~~ lh~' p~l~>~[l~~'1 t~I' pCI~~~~f7 AVhi~ ~Il"a`~~lj IIIC I~l\I~~1~~ 11 ~tc'c~i lCS'I t~l' /71CIE'1' It'~I Rlt'a(ls ~~ lCSI t~l lh~ c"IlU1"~' taCl[11CiCi~ a5sCi11h~~' v~ht'Il t110L1nIecZ IR <l. ~rhi~l~, the l~i~~ch..:inisnl hcin~~ actuat~~l h~ the n~~chani<al rc~~~luli~~n ~~f the ~chiclc «hccl ~,~ hil,~ ,~1., ,.,I, ~ ~~ .it i,~~ L~rati \u~~u,i . ~. 'nu_~ j Sec. 34-201 Seope of Article {a) This article governs the operation of vehicles for hire and ground transportation services under a grant of privilege. This article, however, is not a limitation on the power of the City Council to incorporate in a grant of privilege 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. The following exclusions apply: {b} This article does not apply to a vehicle for hire service ar 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 far hire service leaves the city without receiving a new passenger inside the city; {2) rated under state ar federal authority unless subject to the City's regulatory authority; {3) rated for a funeral home in the performance of funeral services. Sec. 34-202. Grant of privilege 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 vehicle for hire aver any street in the city far the purpose of transporting a passenger or passengers for compensation, nor shall any person accept compensation far such transportation of passengers without first having obtained from the city, under the provisions of this chapter, a grant of privilege from the City Council authorizing such operation and acts. Sec. 34-203. Application. {a). Any person desiring a grant of privilege to operate vehicle far hire in the city shall file with the City Council a written application for such a grant. Such application shall be delivered in duplicate to the City Secretary, shall be verified by oath of the applicant, and shall give, among other details, the fallowing information: {l~ The 1~a«~c< a~~t; and ~~d~l~es~ oti the ap~~licant, if ~ natural pcrsott. or, if a curp~~ration. its Hume. date and Enlace c~f~ inc~~r~~cu-ati~~n, address of its ~~Iln~'1(~;I~ ~~~a~'~' tit ~~ll~Ill~ti< all~~ lll~' Il;llll~''~ ~)1 .1~~ Il> ~~~It~~I~, d1C~iI~~I~ .Ulll ~, ~1l'I~~~I~ AAI~~i f". .1~ .r?!1'~1~ Il.,~. ~ ,'~1C1 ~~ '~~ '~,"I !i'~~~?ClllA~ a~~~jlt~~~'~, a~ A~ii ,i~ a ~CIUII~'~I l'~~~1~ ~~i ({it a11i~ I~'~ ~~1 lillt~l~~t~IaUull_ Ih~' l[a~~C Il~Ull~'. It .lll`.. lllllj~'l ~~hl~il Ih~' a~~~~IIt;llll (lf~~~~~~x'~ Ill ~~El~'ral~ all~~ lhC addrrs~ c~i~ tip E~lac~~ car F~lar~~~ uI~ I~u~in~~ss Ir~~n~ ~~h~ch the aE~E~licant ~~rc~Ex~ses to i~E~erate. (-'! ~~ descri~~tion c~f~ ~~urh ~chirle th~~ a~~E~li~an( ~~r~~E~nse; to use in ~~ra~idin \~'~;I~~~t ?i~1 ~l;l<' ~L'' I~~~', .'1~~4i(~~~ ~~il' i illl'~il~'~j 1~~. ...i~~l A~flk~'~C ,C~II L>rali ~~u,~u~t 1-l, ~rin_, ~ 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 a grant of privilege is desired. {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 awner of the judgment and the amount of the judgment. {6} The make and type of meter to be installed on each vehicle for hire if required, far which application of the grant of privilege is made. {7} A full list of any and all liens, mortgages and other encumbrances an the vehicles far hire and other equipment to be used in providing service, which list sha11 include the amount secured by a lien, mortgage ar 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; and, if the applicant be a corporation, a list of all convictions of all officers and directors of the corporation and persons with an economic interest in the grant of privilege 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 last items. {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 or elsewhere, and, if the applicant is a corporation, a full and complete statement of the experience the officers 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, f'ranehises or other operatii~<< authority far such ~cr~ic~s. the <jates, locations anal r~asoi~s. ~ I_ ~ ~ ~n~ ~n~~h ~~ih~r ,in~l ~3~1~1iti~~ir~l ~nl~r~r~;~,iti~~~n <i, ~>><~~ fit r~.~yuir~°~1 1~~ the ('ii~~ ~ _, ~ ~~~~~if~,t~. ,. ~~~1 ~ 'l~~lllt ~11111j~1{~~~ ,I~l~lll~~ill~~ll ACC Illil~l ,11~1~111}1111A t)l~ .l ~)~~IIl:1li~111 ~ ~h~Il 1"ll~l..~. I~~, th~° ~it~. apph~ant shall fiirni;l~ t~~ :h~ ~it~, .i~l~liti~~nal ~~~~pi~~~ ~>i~it~ apph~~ati~_~n <~~ cite n~a~ rcyuir~ I~>r the rc~ i~~~ anal ro~>>icieratic~n ~~~f~san~~. 1rt ~~_'ll-j ~Il~l'~1~~':Illi~(1 ~~~ ;I~)p~llali~ill; ~:Il~I1~I~ lir ~Il, l'i111~1(~t'It'l~ ~IIIUI In t~~I1:111C~' After receiving any apphcatian for a grant as provided in section 34-2fl3, 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 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 convenience require the operation of such vehicle far hire and whether or not the applicant is qualified and able to efficiently conduct such business and render such service to the public. In determining whether or not the grant of privilege 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 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 ofthe 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 be a corporation, of its officers, directors and stockholders. {6) Such information as presented during any public hearing that may bear on the public necessity and convenience. Sec. 34-205. Action by council; issuance of grant of privilege to be by ordinance. The evidence in any investigation, inquiry or hearing maybe taken by the City Council as a whole or by any councilperson, committee. agent, employee, or representative authorized, requested or designated by the City Council to conduct and carry o~rt saeh investigation, inquiry or heaJ-in~~; and e~~cf-~r ~ndin~; or o}~inion made by such person or persons authori~.ed or instructed to conduct such in~esti~~ation, inquirti~ orhearing shall be the linrlin~~ ar ~>E~inion ~~I the City Council its~li~ ~~-hen E~rescntcd to the Cite Council in ~~k?CIl Ill~'l'l(il~' ;illy all~~}~~~'ll, a(1~~1~ti~~~t~ t~l~ l~~)n~ll~illtl~ ~~\ (~lt,' ~ 11'. ~ ~~Un~I~ ~1 thy' ~ II\ l .~~. ~. ~1~~ y~.l ~~' ~ '~C~C'~~i .li'~1~ ~ ~~~1,!i~ ~~~., '~ ,i~i.~i.l: it ~;l . ~h~ ii.,'r tll.. ~~! ~~hl~~l~~ (iii hlr~ ,i~?~~~I~~j l~~l. ~~I ~~l .i ~~~~<'1 Illillll~<'. .1;1~~ lh~ ~1(~~~~i.afll I~ ~~lia~lil~'ij 1~~ ~~Ii~1U~'1 lily' ~ll>II1~'», ,till] tll~ti Ih~' ~t'11~'fal V1~~f~il~ ~~~ Ih~ ~l(I/~11~ ~~I 1~1~' ilrV Avl~~ hc~l f~~' ,cr~c~l h~ a~l~liti~.~n ~,1~ the ,E~crifi~ ~chiclc~ Ii~r hirr c~~nraured in the aE~E~licatic~n and that. all i~th~°r rec~uir~n~cnts of this article have hecn 1~ull~~ c~~m~~lied ~~ith b~ the ah}~hcant then tl~e City Council shall. h. urtlinance. ,rant ~o the .rF~hlicru~t a E~1-i~ ileac nuthorizin~a him icy ~;'~',11.,' '11~ 'l.ali~l'I ~''' ;~'~li~~'~'~ ~~~f ~lil~ AA~?l~ ,. (~1~ >l'. ~~l'~~'I~I~'tf ~~: l~l~' ~ ,rV ~ i~Ufl~=~~ L>~ali Mugu>l I-t. ~~iri_, 1>r.~it .~~u~_u~~ 1-1. _`~~i Sec. 34-206. Limited to specified number of vehicles for hire; additional vehicles for hire provided by privilege holder. The holder of any grant made under the terms of this chapter shall be authorized to operate in the city only the number and type of vehicles far hire specified in such grant, however, if the holder of said grant believes that the public necessity and convenience require the operation of additional vehicles for hire at any time, then, after formal application to the City Council, the City may authorize such holder to add a specified number of vehicles for hire to holder's 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, which investigation may include any hearing or hearings which the City Council, its agents, employees or designated representatives may deem necessary, to ascertain if the public necessity and convenience require the addition of more vehicles for hire. If the City Council finds that the public necessity and convenience require the addition of more vehicles for hire, then it shall authorize the applicant to add to his fleet a designated number of vehicles far hire. After such authorization, the person so authorized may operate the number of vehicles for hire specified in the grant of privilege originally granted to it, plus the number of vehicles for hire it is authorized to add to its fleet as set out above. Sec. 34-207. Suspension or revocation of the grant of privilege. {a} If for any reason the City Manager deems that the general welfare of the citizens requires suspension of the grant of privilege or that the best interest of the city will be served by the suspension of the grant of privilege, the City Manager, without any notice to the holder thereof, may suspend for any period up to but not exceeding thirty {30} days any grant of privilege made under the terms of this article. In the event of such a suspension, then from and after the time of such suspension, and for the duration of such suspension, the grant shall be of no force and effect and the holder thereof shall not be authorized to operate any vehicles for hire in the city. For good cause, the City Council may, by formal action, lessen or terminate any such period of suspension. {b} If the holder of any grant violates any provision of this article, or if the financial position of'such holder shall reach such a condition that the City Council does not them the holder able to pay in full reasonable claims lur ~lan~a~~cs ~~hich n~i~hl he ~iL';i~~\ ~'~1;I~~~I~~IC~~ .111Cj ~'~~li~ll!lh'~j_ ~~C l~ ~t~f ti'~h~~~ <Ill~~ ~U'lll'J~'[]( I~<l~~~li Ifl~ ~~'ll~'ra~ ~. 'af. ~ ~ ....,"l'il~ ~ '1f~ I~~~ !I~,..~1~ ,i' ~ ~~. ',AII ~~~~i ~1~ ~~iA~~I f~\ •Li~il ,Rlli~'1_ ?~lc ( IIV ~ ~i(tlll!~ 111,1\, ~1IIC1 .l ~1~.1rI11:_ .1~ ~~l +~lli lil ~ll~>>C~ll~~ll ~l ), feAt~h~, (~p~~,l~ af~~j ~~ln~t'~ ~Ill~ ~f;1111 i~t ptl~l'fc~C lli,l~lc I~~ ~{icfl ~ll~~~jl`( tlll~jcr the 1Crlllti t~~ ti» art~clc. ]n thy: dent ~>i such rc~t~~at~un, rcl~cal anal canrellati~~n, su~:h ~~ranC shall be thcrai[~ter completer- null an~i ~oi~i anal of~nu I~urthcr I~~rce and el~f~ect. A h~~1~1~~r r~f~ a ~~rant r,t~ pri~ilc,~c ih.~t t~~i~ been r~~~~~kcc1 c~ann~,i aE~~~r li>r a ~~rant uh ;,~ ~i,__, !~, t~,~, ~_ i ..~,. {c} The hearing specified in subsection {b} shall not be held until notice of the hearing has been given to the holder of the grant in question by registered mail addressed to the holder at the address shown on the records of the city 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 for the revocation and cancellation of such grant. The holder of the grant 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 shall have full opportunity to disprove any and all charges and allegations set out against him or his operations in the notice. The hearing maybe conducted by the City Council or by any agent, employee or 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 conducting such hearing, the findings of fact so approved and adopted shall be and become the findings of the City Council. If the findings of fact made after such a hearing show that holder has violated this article, 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 or the best interests of the city will be served by such action, then the City Council shall revoke, repeal and cancel the grant of privilege. Sec. 34-208. Suspension of grant of privilege for failure to make report or to pay fees. Annual fees are due on or before the first day of January of each year. Annual reports are due on or before the 31st day of January of each year. Upon failure of the ground transportation coordinator to receive a report or fees when due, the coordinator shall notify the grant holder by certified letter. If the report and fees have not been received within five {5} business days from the date of receipt of such letter, the ground transportation coordinator shall report this fact to the City Council, and the City Council may by ordinance suspend the grant, and such suspension shall continue and be in full force and effect until it shall be reported to the City Council by the ground transportation coordinator at a regular meeting that such omission or default has been corrected and the City Council adopts an ordinance removing such suspension. Prior to consideration by the City Council of the ordinance removing the suspension, the grant holder shall pay to the City a nonrefundable reinstatement fee. Sec. 3-i-21)~~. (~~~nsent rc~~~uircd fir transt~c~r of ;;rant: c~~n.ent ~~cyuired fnr trautifer of u~~ner~hiE~ ur e~~ntr~~i. I,11 ~t~ S_I,111~ t~~ f~I~IA 4~~~~' ;li,ltjl Ufil~~'l ~~1~ l~flli~ ~~( 1~11~ .tl~El~ l~ ~Il~i~i fly I(<lll>IZ'iaf~l~' ~~1lh~~Ut the it~Ilil~li Ct~Il~Cflt ;illy ~i~)~lf~?v,i~ t~~ the ~ 11v ( (?Ullcl~ ;i~Ic1 ~1fU}~~C aE~}?lic~itic>>> ~n,i~lc thcrct~~. Such aE~E~hcati~~n sh,~il he acc~~n~E~anic~i ~~ith a r~~~nr~f~u»~lahl~ aE~plit~ahc~n 1cc. ~~~~~~n recuiE~t of'such ~~pE~licatic~n a~~cl fec, thc: City (`ouncil rna~ Ti~ak~ car or~Jcr to h~ m<i~ic Such in~~sti~~ation ati it dcci~~s n~c~ssar~~ t~~ ~,iCI>~\ 11~C~~ ih~rt I11~ ~l!i~~l~~~c~~ II~i' "I~' ~~ ~~LI~ih11c~~ l~? ~~~~l~~ll~'t ~il~'11 flu~7~lc~~, 1.)ra~l ~~U~~U~~l ~-l, _'1111_i 11 claims for damages which might be asserted against him by virtue of the operation of such vehicle for hire, and 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 sha11 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. 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 a grant of privilege shall file with the ground transportation coordinator 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 grant of privilege. Sec. 34-211. Privilege holder responsible for operation of vehicles for hire and policies relating thereto. {a) A privilege holder shall establish a written policy and take action to discourage, prevent and correct violations of this article by drivers of vehicles for hire operating under the holder's grant of privilege. {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 re~~ulations estat~lishc~l ley the t,it~ C~ouneil or other a~~E~lirahl~~ la~~ i~V ~~l (~l~' ~~~~~'I,111t~11 i~~ a ~~'hl~l~ C~~1 fli;~. ,1 h~~iil~! ~ila~i ~l>111~~~~ ~~I(~l [~l~' I~CIII~ atl~j r~u~~hti~~~~~ ~,1 II~< 1~~,1~3cr'; ~~E~cratin~ aulh~~nt~_ ,tu~1hall ~~~nl~~l~ ~~ilh this article anal ~>thcr la~~s a~~pli~~ahle to the oE~eraUnn ofthe ~chicl~~ i~~r hire ~er~i~~ {d} :>n~ ~iolati~,n o1~ this secti~>n shall he ~~ruun~ls l~~~r r~~~c~~:ati~~i~ of l~~lci pr's ~~r~~nt not Sec. 34-212. Driver's responsibilities and duties in operation of a vehicle for hire. {a) Vi~hile on duty, a dri~-er snail comply with this article, the regulations established under this article, other la~~~s 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 dischargi~~ ~ of his duties under its operating authority and this article. in addition, a driver shall: {1} Conduct hinlselfin a reasonable, prudent and courteous manner; {2} Maintain a sanitary and well-groomed appearance; {3} Not respond to a dispatch call assigned to another driver; {4) Not consume alcoholic beverages, drugs or other substances which could affect his or her ability to safely drive a motor vehicle; and {5) Not possess any device designed to receive the frequency of a vehicle for hire company other than the company for whom he is driving, and not respond to a call for service dispatched by another company. {b) Any violation of this section shall be grounds for the revocation or suspension of a vehicle for hire driver's permit. {c) The ground transportation coordinator and any peace officer of the Police Department may conduct inspections of the driver and vehicle for hire to ensure compliance with this section. Sec. 34-213. Driver as employee; independent contractor. A grant of privilege holder may employ drivers, or may contract with a driver on an independent contractor basis, but only if the grant holder. {a) Agrees to and shall indemnify, defend and hold harmless the city 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 grant holder's fleet liability insurance policy; and {c} Imposes a condition that the. tlri~~cr must comply with [his aT`ticie. ~~~ith the undersiandin~~ that failure to comply shall be a material breach of`the ;rant, ~~~c. ~-i-_'I-t. I)rt~~. ~tan~lard~ fur ~1ri~~•r~. 111 f~l~ll Ili~~~j~l ~~1 ;1 Elf IAl~l'l' ~fYi~~ ~~fahll~ll .111~f ~'Ill~~il<' ~~~~lllp,ifi`~ ~~It'~~ ~ .., .'„J~ll~ I(~I' il, ~1n~ <~r~ In <i~l~liti~>>> 1~~ the ~,t~in~l;ir~l~ ,,~l~,E~lt~~l h~ Ilt~' It~~l~l~~ 1 1 1 ~ ~lri ~ cr ;hall nr,t ~~ ~~ar a. 7ailorc~i shorts more t1~ai~ t~~z~ (~) inches ~ihr~.~~~ tll~; ~11eE3, nor scar cutof~f~s. beach or shu~~~:r thr~r~~~~~_ L>rai~~ u~_u~t l~, ~u~~.; l d. Duter apparel made of fishnet or undergarment material; and e. Pants or jeans with holes, or hems that are frayed or drag the ground. {2} A driver shall wear: a. dean 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 vehicle for hire driver's permit. Sec. 34-215. Vehicle for hire driver 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 vehicle for hire driver's permit from the ground transportation coordinator. {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} V~hether 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} Apl7licant's name. street address, age. se.k, teleph~~ne ~7ulnber and place of residcnce fir the three 1.~) years i~7u»ccliatci~ precedin~~ tt~e date of'thc t-il (hl~ ~I.illl ~~~ fl`IA il'~C' ilt~i~zl~~ ~~` ~~~!~n'~_- i~l". ~~ ,. ~~~~~)~~~~'~ (i+ tl llA l ,1 ~ ~~hi~ I~ f~,r !>><<..ii~~1 (~l ~~~cl ~u~h ~~th<~r a~l~liti~.~ir~l ~i~1~~rn~.itivi~ .i~ th~~ ~ruun~l tran~~~urtati~,n c~u~r~linat~~r u~a~ ~~r~s~~rih~~ ~~i~ the lut»>. {c} Jli~° aF~E~lirati~~n shall 1,~ acr~,n~}~~~ni~cl h~ at l~•a~t t~~u (') E~hutc~~~ra~~hs ~~~~ the I;~(~~I~,[li~ I,l~~l? \1;1~'ll; ',h~' II'll?1Ct~l;l~~'.A ~~''=~~'t '~~±!I,' [h=--~~' 1 `1 I'.?~~IIIh~. ~llll{ .1 `~I_'I?~c~ recommendation from the Holder and an application fee and proof showing that the applicant completed a defensive driving course within the last six (6} months. (d} The term of any such permit shall be ane year from the date of its issue. The permit may be renewed each year by filing a new application and paying a permit application fee. {e} The ground transportation coordinator 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 operate a vehicle for hire in the city. if the ground transportation coordinator is satisfied that the applicant is a fit and proper person to drive a vehicle for hire in the city, then, the ground transportation coordinator shall cause to be issued to such applicant a permit to operate a vehicle for hire in the city. The term of any such permit shall be one (1}year from the date of its issue. The permit maybe renewed each year by filing a new application and paying a renewal fee. {f) To qualify for a vehicle for hire driver's permit, a person must: (1 } Be at least nineteen { 19} years of age; {2} Bea legal resident of the United States; (3} Hold a valid driver'sloperator's license issued by the State of Texas; {4} Be able to communicate in the English language; (5} Not be afflicted with a physical or mental disease or disability that is likely to prevent the person from exercising ordinary and reasonable control over a vehicle for hire or that is likely to otherwise endanger the public health or safety; {6) Nat have been convicted of more than three (3} moving traffic violations arising out of separate transactions, or involved in more than two (2) automobile accidents in which it could be reasonably determined that the applicant was at fault, within any twelve-month period during the preceding thirty-six (36) months; {~} Not have been convicted of more than two moving traffic violations arising out of separate transactions, or involved in more than two motor ve1~icle accidents ire, which it could be reasonably determined that the dri~~er «as at fault, within am twelve month period dui-in~ the preceding thirh~-sis mol~ths: '~(~l ~~~ tllll~~'f~ ~Il(~Il~till~'lll, ~1,1~~' ~~~1~1f~L'C~ )~~'Ri~lJl~'. ~~C ~1;3v~' ~~~~il li~ll~l~l~'l~ t~j~ .1 ~ ~ ?!,'... a. (Ili ~~~\ 111 ] ~ criniinai }~~~nu~i~i~~ ~i~ _ . ~ ~~, i~~ (I..,~~ _~ 1 `~ ~~1 Ih~~ ~Cv~iZ }'~~nal (~u~l~: 2} kicinapE~in~~ as ~l~~crihc~l .r ~~i,aE~ter ~~~ ~ ~~f the ~l e.~as }'enal Co~l~~: } ., ~ ~:,~~I ;~f?~°a~~~ ~1~~"ri'~~~~i pit t !~. , ' ! ~,i~ !h~° J ~~~a~ 4} an assaultive offense as described in Chapter 22 of the Texas Penal Code; 5} robbery as described in Chapter 29 of the Texas Penal Code; 6} burglary as described in Chapter 30 of the Texas Penal Cade, but only if the offense was committed against a person with whom the applicant came into contact while engaged in a passenger transportation service; 7) 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; 8} 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; 9} 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; 10} public indecency {prostitution or obscenity} as described in Chapter 43 of the Texas Penal Code; 11 } 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; 12} a violation of the Health and Safety Code, Chapter 483 - "Dangerous Drugs" that is punishable by a felony; 13} a violation of the Health and Safety Cade, Chapter 481 - "Texas Controlled Substances Act" that is punishable by a felony; or 14} criminal attempt to commit any of the offenses listed in subsection {8}{a}. b. and for ~~~hich: 1} less than t~~~o years have elapsei~ si»ce the state of CC~n\ IC110n l)1" the (lalC Of I~e~CaSe frOnl Cl~IlflnenlC"n1 )m}~O ~eCt. (t~! Ih~' Ct~(l\ l~'ll~~l}_ AV ~lll ~ll'~ el~ 1~ ~~IC ~~ll~"l~ t~;11C, l f Ih~' ~~~~ IEI,~II IIAi ~l'~ll~~ ~l.lA~' ~`i,l~l~~'~j ~III~C lhC ~1d1~' ~1J~ ~~,~„ i~Uun ~a~ ~l~it~ ~,~ r~le.~~~~ Ir~,~>> ~~>ntinen~~~nt i~~r the ~~~_~n~ ~cti~,n. ~~ hiche~ er i; tl~e later gate, ~~i~ tl~e a}~ph~ant ~~ as c<~n~~cted i~l a fclon~~ ~~1lensc; ~~r 3} tee, than ii~e scars have ela~~sect since the <latc of the last ~~~IlAi~11~~1 i~I !~l<' i];3ft ~~( l~~'~~~'t~~' ''"~~I?1 ~~~11!Illl'lll~'llI 4t~r I}?~' ~ ~I.111 .~il~ll~l 1-~. 'UII,~ twenty-four month period the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses; {9} Nat have been convicted of or discharged by probation or deferred adjudication for driving while intoxicated; a. within the preceding twenty four months; or b. more than one time within the preceding seven years; { 10} Not have charges pending or not be under indictment for an offense for driving while intoxicated; { 11 } Not be addicted to the use of alcohol or narcotics; {12} Not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated or under the influence of drugs within the preceding twenty-four {24} months, or more than one {1} time within the preceding seven {7} years; {13) Not have criminal charges pending for the offense of driving while intoxicated or while under the influence of drugs; {14) Not be subject to any outstanding warrants of arrest; and {15) Be recommended by the {grant} privilege holder for whom the person proposes to drive a vehicle for hire. Within forty-eight {48} hours a grant holder shall notify the ground transportation office if the holder withdraws its recommendation, A driver may not apply for a permit without the recommendation of a grant of privilege holder. { 16} Before the applicant is issued a permit to drive a vehicle for hire, he or she sha11 submit to a physical examination at the applicant's expense by a reputable licensed physician. The applicant shall furnish to the ground trans}~ortation coordinator's office a statement from the physician that certifies that the ph~~sician has recer7tly e~an~ined the applicant ~~ ithi~~ the 1a~t ninety (~)~)1 ~la~~s and that. in the ph~~ician's prolessional opinion, tt~e .iG~~~l~~~~uit i, ~~u,~lili<~~1 tin~l~r ~uh~r,ir~i~~r,i~~h~ (~~)~~) <n~~l (i')tl~~) ~,1~ lhi~ .~ ~, ~ ,l"'+.i ~~1,{11 ~ifl(,lil'~ Ut ~! .I ~~~'Ii'lll ',?~~ '~l~ ~ il~~Ulllt ~ f;ili~~h~!1,Lll~~U ~_ t?i~It~IR,II~)I~ ~~I~fi~l il~ ~~1~' i~~lt'f~lU~~l; t~~ halt{ \ ~'~1;~ ~~'~, ,11111 f,~) In ~~r~l~~r ~~, he ~~li~~ihlc t~~ rrc~n~ a ~~l~i~l~ liar liirc ~1ri~~~r'~ }~~~rn~it. ~i ~~u~ilifie~i apE~lirant must succcslull~ complete a trainin~~ course as ~ieiermineel h~ the ,~11)llnlj (r~1nSl)C~rIallOn C'C~C)rCllnalOC ~~nll Fl<lti~ a A~1~lIIC11 eSanllnalll)n aC11111niSIC1'~Cl h~` l~'~' '_'I~~.Ir~~ IC,II?~~h~f~'aU~~[1 ~~~t~!1jlll:il~~C ~~I lll~ ~?I ~1~f~ ~j~~l_`11~'~ Sec. 34-216. Grounds for denial; expiration; change of address; telephone number and employment. {a} The ground transportation coordinator shall deny the application for a vehicle for hire driver permit if the ground transportation 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 and 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 medical examination required by section 34-215 or fails to furnish the statement required therein. (b} If the ground transportation coordinator determines that a permit should be denied he 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. The action of the ground transportation coordinator is final unless a timely appeal is made. (c} The application shall be accompanied by at least two {2} photographs of the applicant taken within the immediately preceding three (3}months. (d} Any person issued a vehicle for hire driver's permit shall maintain a current address and telephone number on file with the ground transportation office. The holder of a permit shall notify the ground transportation office of any changes in his address or telephone number within five (5) days of the change. (e} If a driver changes grant holders for whom he is driving so that he will be driving for a different grant holder within the city, he shall submit a new application to the ground transportation coordinator's office within five {5} days of the change and shall pay a change of grant holder fee. {f} If a vehicle for hire driver Loses his or her permit, permitted driver shall pay a replacement fee. tier. ?-l-? 1.~. OisE~la~ ; falsitiration: drip ink ~~ ith~~ut a perruit. ~tl ~i,, ,~Il1~~C ~~"- fi:i~ tillAl'I ~~1.3is ~il~~llilltl';.. ~ii~~i„1\ i',1~ ~~~IIP~i' (i'~ .1 ~~`.11 ~~I<i~11~ ~.~.~.1~~~ ~itt~lrh~~i ~n the ~lri~~~r'> u~,E,~r ~~ut~~r ~luthu~~~, ~~~) :1 E~ersi~Il C~~Illllllls ;111 (~jj~llst' It ~]~: til } F~~~r~cs. alters or counieri~eits a vehicle [ur hire clri~~~r's E~ennit. ba~i<<e, sticker r~r emblem reyuirecl b~~ ihi~ ~~rticle: I ~ 1 ~~~i~~;'ti~~~ ,1 I~~It'<'~{. ;1~1:1~'~j ~~' ~~ ~ ~,'!~'ll~'~~ ~C~lli~~ Ii~C ~lll~~' ~j1~1\~r~~ (l~r[111I„ {3} Operates or allows the operation of a vehicle for hire without an approved vehicle for hire driver's permit; or {4} Fails to a11ow the ground transportation coordinator or a peace officer to examine his vehicle for hire driver's permit upon demand. {c} A vehicle far hire driver's permit may be suspended or revoked for any violation of this section. Sec. 34-21$. Suspension or Revocation of vehicle for hire driver's permit. {a} The ground transportation coordinator, upon notice and hearing, may revoke the permit of any vehicle for hire driver on any of the following grounds: {1} The permit holder driver is not qualified under section 34-215; {2} The permit holder driver has violated or failed to comply with any other provision or requirement of this article; {3} The permit holder driver has made a false statement or representation of a material fact on the permit application submitted to the ground transportation coordinator. {4} The driver fails to drive the vehicle for hire according to the Ordinance of the City of Fort Worth and the Law of the State of Texas. {b} If the ground transportation coordinator revokes a vehicle for hire driver's permit, he shall send by registered mail addressed to the permit holder written notice of his action, the reason for the revocation, and that the applicant has the right of appeal. The decision of the ground transportation coordinator is final unless a timely appeal is made. {c} After receipt of notice of revocation, the vehicle far hire driver permit holder shall immediately discontinue driving a vehicle for hire for hire within the city and shall surrender his vehicle far hire driver's permit to the ground transportation coordinator. {d} The ground transportation coordinator upon notice and hearing may suspend the permit of any vehicle for hire driver permit for up to thirty {30} days on any of the following grounds: {} [ h~ ~~~~rnul 1n~l~3rr h,~~ ~ i~,l<tt~°~l ~,~ i~,uf~'~I t~, ~~~~n~~~l~ ~~ ith ~~~~ lien ;-1 ~ 1 ~'., 1 ~! lh~' ~~<'1~I111( ht~lll~'i~ h.i~ \Jt~i~l1~'lj 111 l~Ili~'ll 1t~ CUIII(~~~ A111h <lIl`. ~~ih<'I' ~~It~\ I`~I~~~l ~~I ICC~UIII'lllt 111 ~~1 1~11~ al11~~~~ {e} .~ ljI"Itt'f ~~~lc)5C ~)~t~llllt }115 hCCll I~C~h~:~Cj l)i bU~E)~'illj~'(j tll~l~ Ilul c)~)c'I-dIC" ~ltll~C 'any he~l~J~~r ui~a ~~rant c~l~E~ri~ilc,~c clurin~~ the ~,cric~~l ol~rc~~~catiu» ~~r stns}~cnsic~i~. ;~~,.~t 1u~~u,: 1-~. ~i~u, 1~} Sec. 34-219» Appeal from denial, suspension, ar revocation of a vehicle far hire driver's permit. {a) A person may appeal a denial, suspension or revocation of a vehicle for hire driver's permit by requesting an appeal, in writing, delivered to the hearing officer not mare 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 in 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 ruling on the basis of a preponderance of the evidence presented at the hearing. Continued sponsorship by the grant holder 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 and incontestable. Sec. 34-220. Insurance (a) As a condition to the issuance of a grant of privilege 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 far vehicles for hire as established by the City Council from time to time. The operating authority wi11 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. {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, (a~ l3e acce~~table to tl~e city's risk ~nana~~cmcnt di~itit~n t~f finance: 1~) ti~u>>~ tl~~~ (~it~ ~~I~F~,rt ~~~~~rtii a~ an acf~liti~~r~ai insur~~I: t~!I E~~ii\lij~ 11}IIlIIlllRl? C~~~\ll,t~~ !U ,tl; ~ULi~Ull{ lit i~~~ i~l~tJl ~IA~ fill'l~~C~'l~ th~,u~.~.~~~~1 c1~,llar; ~~,;tiii.iii~ iiii~ ~~~i>>'~,in~~~1 ,in~l~~ ;in~it liahil+t~ 1( ~1 J ~~~°i ~~r~~uri~nc~~. (} f'r~,~~~lc ilrii all riain~ ~~ ill he }~ai~i ~,>> a first ~l~~llur hasi, l~~ tl~c insuran~~4 }~~-~~, ~~ie~: (8} '~,c~t be ohtaiilcci from an assi,~n~c1 risk E~cu~l; (t~k ~~~f <<~fllall?~'~~ ~1~~~1~~ ~'\l'~U~I~~II~ '~lll[ V~~~U~~j t'~lall"~~' ~~r X111111 l'c~\~'r;l~_'~' f~~l` 1~1a1I .~~U.'ll~l ~-~. 'fJll.~ 'ii {10) Provide that all vehicles permitted to operate under the grant of privilege are listed as a scheduled vehicle 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 grant of privilege holder shall not have operational control in any insurance company providing coverage to the vehicles operated under the grant of privilege. {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 franchise 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 10 days of the 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 Fees. {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} The fees provided for in this section shall be in lieu of all other fees to be paid by vehicle for hire 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. {c} In the event the grant of privilege begins or ends on a date other than January 1, then the annual payment to the City shall be prorated. Sec. 34-222. Fee; when fee payable. As compensation or rental or license fee for the privilege of operating upon and using the public streets, ~~lleys and thorou ~hfares of the city in conducting and carrying on the htisiness of transportin~~ hasscn~~crs for compensation on and o~~er such streets and thoruu~~hf<~r~s in authori~~cl vehicle 1~~1~ hire. cacti i~~~ldcr of ~ grant c~f~ pri~ile~~~ maeie llilijil l}1t' 1~J-131~ ~~~ 1~llti a)"(IC~~' ~ha~~ E~~l~ (~~ lh~ ~ Il\ ;31, 111' i~~ll~~ ~~(~(ift~lllll~ ~ Conti})ill~lall~~ll l ~ 'c!I.„11~~`,_ t'f'- ~~~ '~~~~?IC' ~~i?111,11` ~~~ "tl~ ~,tl~"iti,11 „t' ..tll11; ~Allli~~+ ?il~' 'l.illl I~ ill ~'~~~~CI. ,11] <111IlUaf ~[(<'~l r~Ill;i~ ft'~~ .i~ .1~1(~I~~~\i<~~ ~~V ~ IIV ( ~~lifll li ~11 (~ll~ t~~nl I~1~' ~ran1 l)~ ~~11~1~~'~~ ~~~~'lil~ ~~1 L'n~j~ ~1f1 ~i (j~lt~' ~~(h~'i Ifl~itl .~,IIIU;ii~ i, l~l~'I1 l~l~' .iI1nU.1~ (~:1vnl~'nl I~~ I~1C (~1t~ ;hall he Eu~~ratc~l E~cr yuartcr E~cr autl~:~~ri~c~l ~~~hi~lc liar h1r~ ~i,r the scar ~lurin~~ l'<hich the ~~rant c~f~}~ri~ilc~~c i5 in r~f~fcct. ~~1~lll .~U~~US1 ~-~. ~I1U_; 1 Sec. 34-223. Passenger limitations. {a) While operating a vehicle for hire, a driver may carry only a person who is a paying passenger unless the passenger is an employee of the grant of privilege 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. {c} A violation of this section is grounds for the suspension of the driver's permit. Sec. 34-224. Vehicle for Hire Decals. The grant of privilege holder or driver of each vehicle for hire shall obtain from the ground transportation coordinator, a decal that indicates the vehicle has operating 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. 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 lost and found. The grant of privilege holder shall make a good faith effort to contact the owner if known. The property must be held a minimum of thirty {3Q} days by the grant holder. {b} A violation of this section shall be grounds for suspension or revocation of the vehicle for hire driver's permit. Sec. 34-226 Soliciting Prohibited {a} It shall be unlawfizl for any vehicle for hire 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 vehicle for hire driver shall not obstruct entrances or passage~~~ati~s of any side~~~alk or building. hou~eti~er, once engag<;d by his or her prearranged passenger, ~ehiele for hire ~lri~er t»a~ pro~~idc assistance t~~ his ur her passen~~er. ~ec.3-~-??7. F~-nforccn~t~nt. 1~1) ~~1~ ~jlft ~lt~I ~~l IllUlll~l}~~I~ lt~lll~~ ~~1 (ll~ ~~I fl~'f l~~~I~'ll~'~' l~ 3UI~1~~1~1/<l~ Ili I~<U~ Ctlalll)Ilti fl)C A It)~ah(~I7a ~~~ l~llti 11r11C~~'. {b} llleti'CClU11C~ II'<1115~)OrI<iltt_)11 CU~~1~(jlnal4~L is pI~IRIaII~~ resla~~7511~1C fc~r l~lc: ~'[lli~l~'~'ill~'lli t~~ (~lh ;11~II1'i~' (c} The ground transportation coordinator shall investigate complaints and is authorized to issue warn i n ys and citations to persons violating this article. (d} The Fort Worth Police Department and Fort Worth Marshal's Office have the authority to enforce this article. Sec. 34-228. Violations and penalties. (a} A violation of any provision of this article is a Glass G 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 two hundred dollars ($2fl0.00}. Reserved 34-229-34-239 DIVISION II TAXICABS Sec. 34-244 Scope of Division II Holders of grants of privilege to operate a taxicab service shall be governed by the provisions of this Division in addition to all of the provisions found in Division I of this Article. Sec. 34-241 Public Service Vehicles Vehicles operated under the terms of this article shall be known as "public 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. Additional locations may be granted upon proper application being filed, and the issuance of such permit or permits shall remain in the absolute discretion of the ground transportation coordinator, who shall determine the public interest in the establishment of such stand, or stands, as t~etitioned for, as well as the number of vehicles which shall be authorized to occupy the same at anEr one (1} time, together with such other reasonable regulations thereof as he may determine prohcr, which regulation shall require the operator of each such ~~ehicle to remain in his vehicle in the proper dri~°er's position or adjacent to the cah at curt side ~~hile ~~ccup~in,~ such stand. ti~~~ such stand shall e~~er he i`~l'l~ Wit! ~~~~ (~i ~111~t1~'I~~ A111}? ~~ttl~l~l~ Il1L'!<~~ ~ll'~1~ Ct'I~'~~ ~~~ .1~~t11':II'..:' E~(~t~~l~l~lV (~Il<<' ~'Il!_':I~~l'lj. ~~1~ ~l.tllij~ ~i~fCf~`. ~ltll~l~~f;li~i .i'~' ~iif)jt'~1 i~' lily' .t~lillt~~~ ~~1 ii7~' ,~I~~U[]~~ II.tI1~p~~I~l~lU~~l1 ~t7~~lijlfl.ll~~[ <Ill~j ~III~)~C1 lt~ ~~I;IIL._ ,I! Illy AAIIl f,liil ~~1 ~ilC~l >[~Ull1~ ~~lal~ flt' 111~i1"Loll .illy. prupCf~~ t~~'sI~11aICd UI1deC lll~ slll~~:l'v1~IU11 ~~I lfl~' ;'I~Ulln<1 ll~lllsp~.)f1,111U11 eU~)1'~jlilall~f ~_~I~ I~]e traffic cngincer and, insofar as is practicable. shall he located sc~ as t~~ permit the use of~ presentl~~ cstahlished laadin,~ or unl~_ri~litl,~ ~~~ne h~ public ser~iee ~chiclcs as ~lcscrihcd ~?~~~ .~ ~ ~l~' _f ~iilhl 11,11=~jii~l'.111i~i1 ~~~,i~li~ !l.lli~l ..f :~.;~Ii ~. _ ~~,t'~'I Il;,:''. ~'`~1,Ih~i~~ p~~F.tl~~ ~)ra(( ~~u~,u~i i-~. 'Uii ~ ~ , taxicab stands for special events and functions where street access maybe limited and the good of the public is best served by such temporary placement of stands. Sec. 34-242 Minimum Number of Taxicabs needed Far Grant of Privilege In order for an applicant to apply of a grant of privilege to operate taxicabs in the city, the application must request authority for a minimum number of fifteen {15} operational cabs before it will he accepted for review and consideration. Sec. 34-243 Additional Requirements far the 4peratian of a Taxicab {a} The driver of the taxicab shall remain within twenty-five {2~} feet of his or her taxicab while occupying a taxicab stand. A taxicab driver shall not obstruct entrances or passageways of any sidewalk or building. {b} Nat operate a taxicab for more than twelve { t 2} hours within atwenty-four {24} hour period. {c} In addition to the requirements set forth in Section 34-217, the taxicab driver shall also prominently display his or her color picture no smaller than three {3} inches by three {3} inches 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} Minimum safety and emission standards shall be equal to those standards adapted by the DallaslFort Worth International Airport, as they may change from time to time. {c} The City shall 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 rear window. {d} Taxicabs bearin~~ a current inspection decal issued by the Dallas/Fort Worth Inteatio47a1 Airport may tie issued a City safety decal without further i~lspection. {e} If the operation of any taxicab is found »ot to compiy with the requirements of this section, the C`it~~ '~9ana~~cr, desi;~nate~l city' oi~lici~~l ~>r an~~ }police officer ma~° ijlt~'CI 111~1t \~'~IIC~c' l~~ ~~~' 1:3~~'il ~~tl( ~~~ ~t'I'\I~'C f11111~ lf~c1~' l~ Ill~la~~aUl~n t)f the .~~,,.,.~t! ~i`.'_ ..~.1~~'li ~~... ~, '~.. ~ ,~. .. ~t~.~ ~ ~.... ~~ ~ .ill ,1~~.~ .t11"\ il~f'.1~ t~~ 'i~' ~~iU~~c ~~~j <lil~~ ~~1~'~~'ill~'~~ hi? {-~ ICI~p~'l llt~l; {f I ~i~i~<<l~ up~~l,il~~r~. u~~ n~~4~ ~141~1 ~~ri~ il.~~ i1~,l~1~~;~; .Ir,iii c~~i~~lu~ I pcr4u~l4c~ 44is}?~'c1i~~na ~~l ta~icaha. but i~;~t h~~ thin nn~ntl~l~. t~, cn~urc c~~n4pliai~~~~ c~1 all. mmll1]11111 I"t~~ulrClllen(5. (,u) lf~~ ta~icah is in~~~~l~cil in an acci~l~~nt c,r collision ~lurin_~ the term of the opcratin~~ ~ '~'~~i~I~l',,. 1~1~' ~;t~~~l~f mil„~~ Il~~;il\ 1~1. '.1~~1si1~~ 11,14}~llt!I!;l~lt~il i~~~~~II~IIi.ilui t~~fltC under the operating authority, a holder sha11 have the vehicle reinspected far safety and shall send to the ground transportation coordinator office a sworn affidavit that the vehicle has been restored to its previous condition. {h) Any sworn ar designated civilian member of the police department, deputy city marshal ar ground transportation coordinator ar designated representative may conduct inspections of the driver and taxicab to ensure compliance with this section. (i} It shall be grounds of suspension or revocation of a taxicab driver's permit or a holder's grant of privilege if he ar she fails to make a taxicab available for inspection. {j} A holder sha11 pay an inspection fee per vehicle inspection. {k) The ground transportation coordinator may cause a decal to be removed from a taxicab that fails to meet the minimum standards for appearance, condition, age or equipment. (1} 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 aver five (5) years old as calculated from the first day of January of the model year of the vehicle. Na vehicle mare than four (4) years old, as calculated above, may be added to the fleet. As vehicles in operation became alder than this provision, they shall be removed from the fleet. (b) Na taxicab may be salvaged ar 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. Sec. 34-246, Display of name of prig ilege holder. Eve~~~~ taxicab operated in the City shall bear on the outside afthe rear door, or lront char, iii letters not less than t~~~o an~i one-half (~ J ~) inches in hei:,~ht an~i not less than ~~e- ~1~1~'c';11~1~ ( "` ~~~) lllih sltt~}~C_ Ih~' l1;ll11t' ~~' Ifl~' s'f:llll 11~~~1~~1~ f~~l A~h~~lll lfl<' ~,l\1~3~~ Is ~~;II'~ [Ili t~'i~'~~~h~ll~' IlltJll~~~l ~~( [f1C ~~f1 ~~l' ,llh~ 1f1~ Ii11117f~~`I ~~l file' I.1Ai~~i~~ ~)[;1~~ ~ULll~l ~~. ~I)Il,i ~~ Sec. 34-247. Commercial advertising on taxicab. Commercial advertising or commercial advertising devices may be placed on, upon or in any taxicab operatca in the City, provided they are securely fastened to the vehicle, do not interfere with dz-iver 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 and every grant of privilege holder and taxicab driver permit holder is required to provide city-wide taxicab service. The grant holder's taxicab 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 grant holder and taxicab driver permit holder shall: {1} Provide taxicab service to the general public to and from any paint inside the City that is accessible by public street. {This does not require a taxicab to be subject to mob violence or destruction.}; {2} Answer each ca11 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; {3} 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. {c} All grant of privilege holders and taxicab drivers sha11 accept ca11s 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 himself in violation of other sections of this article. Sec. 34-249. Representation of availability of a taxicab. {a} A dri~~er ma~~ not represent that his taxicab is cn~~a~ed ~~~hen iii fact vacant, or ~arint ~ll~cn in fact en~~a~~ed. dec. ?-1-?~0. t~5k~ ~-f scanner pr~~hihiled. ~d) 'AO cj1'l~c'I" s~Ui~~ USe. OC peri1llt to ire ItSCC~, a scanner O1' ot~1Cr c°~c;ClronlC Cie"ICe Iii IllOnllof ColllnlUtllCallollS ~1f ally fr~1nC~11S~ ~111~CjCr c)I~l~r flan I~7e one I~l~ la\ICah 15 {b} A violation of this section is grounds far the revocation of the driver's permit. Sec. 34-251. Removal of equipment. {a} whenever a vehicle is removed from service ar is na longer authorized to operate as a taxicab, the holder, owner ar driver shall remove Pram the vehicle all taxicab signs, markings and equipment that would distinguish the vehicle as a taxicab, including but not limited to radial, toplights, meters and decals. {b} A holder, owner ar driver of a taxicab shall not se11 or transfer to anyone any radio, toplight, meter ar other equipment that would distinguish a vehicle as a taxicab. {c} Meters, radios, tapiights 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 remaved 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} A holder may authorize a driver to make a flat rate charge for a trip to a destination, provided that such flat rate is either agreed to in writing with the passenger ar responsible paying party or the flat rate is established prior to trip commencement and the rate is not in excess of the maximum meter rate. {c} There shall be no additional charge made for ordinary luggage ar ordinary bags or ordinary parcels being carried by such passenger or passengers. It shall be unlawful for any driver of a taxicab to demand ar 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 ar articles ar objects likely to injure the taxicab driver or damage the taxicab, it being the intent of this section that there be no additional charge made for any ordinary parcels ar ba~ga;~e. (~lj Facie taticah opcra[ccl in the cit~° shu111~1a~~~ af~fi~cci th~~rcto at a location in }~lairt ~ Il~~~ ~~< <tfl\ ~ia~~cllt'~'1 l~1Cl~~'lil ;3 ~~~;i~;11~i~ ~~I(lil~ ~~U1 (hc 111;1\Ill~lllll ral<'~ ~t1C la\Il'af~ ~l'~ `, ~. ._ .ice F~I~'11i~Cci !':1C i~~iC~~jlliC ~~' I,t''.~~ `i.l~~', ~ili. '~V lll~~ ~ 11~ < ~!iil1~ ii ~I~?I11 uin;~ t,~ ti111~_ ,u1~1 ,u~~la I~~,.i~ r:1ti~> ,i1,11~1 he r~~.1~i~1~, ~ i,il~l~~ 1~~ <u1~1 Ic,~hlc h~, ar,~ ~,~~~t1Ei:11u of ,u~11 (~l~i~.li, lllc t~if~. ~~11~~i4 }~l~,~i~l<~ ><u<< E~I<1~:1r~1 al tn~1c ~~( unUal ~~crlulttill~ uf~ each Iasi<~ah ~1n~i ~~ ill ~~r~.~~ 1~1~• i~> the h~,l~icr uE~~latc~l ~~lacarcls al~~ tilnc rates arc chan~~c~1. Rc~~laecul~-tit }~lacarcl~ shall he a~ailahlc for ala a~l~litional f~ce. {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 of privilege holder, owner, operator or driver of any taxicab to operate or allow or cause to be operated or driven any taxicab on the streets of the city unless the same is equipped with a taximeter approved by the City and calibrated for the computation of fares at rates approved by the City. 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} A11 taximeters shall be subject to inspection at any time by the City. 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 by the City and shall be ordered out of service. The City 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 reinspected and sealed. Until the taximeter is reinspected, 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 reinspected. After the seal is replaced or repaired, the holder shall have vehicle reinspected and pay a reinspection fee. (b} A taximeter that has been inspected by either the City of Fort Worth, the City of Dallas or the Da11aslFort Worth International Airport complies with this section, however, the City has the right to inspect the taximeter in taxicabs within the city at any time. Sec, 34-255. Standards for tolerances and accuracy. 'Ihe standards fir tolerances and accurac~° and atl other standards to be applied to (;i~in~~trr~ ~h,ill ~~~:~ il~~~~ ~amr a~ lh~~ st~indard~ ~ippl~~d th~r~~o h~ the ~t,tl~ under its ~~I1~V ~Z'";li ~I~illlj~lllj~ ~~~ 1~~~<'r;111~C> ~~i ,IliUl;lt'\ 1~~ f~~ ,i~~~~~il'lj l~~ !jlt,' l.i\lll)~l~lt~ 1111~11I1 l~l~ 11~. Sec. 34-256. Payment of fare; refusal to carry passengers; excess fare prohibited; nonpayment of fare. {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 personal safety. (b} VVhi1e operating a taxicab, a driver shall respond to service when the location for pick-up is within a reasonable distance from the location of the taxicab. (c) If demanded by any passenger, the driver of a taxicab sha11 deliver to the person paying the fare at the time of such payment a receipt therefore in legible type or writing, 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. {d} A driver shall carry a passenger to his destination by the most direct route available, unless otherwise directed by the passenger. {e} It sha11 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. (f) Any violation of subsections (a}, {b), (c}, or {d} shall be grounds for revocation or suspension of the taxicab driver's permit. Sec. 34257. Cruising permitted. {a} Taxicabs Iocated at taxicab stands shall line up first come, first out; ho~-evGZ- a passel~~cr ma; choose a taxicab thslt: is not the first taxicab in line and. that cab mayproeeedfor~~ard and load. if~> (~ru~~in~~ i~ ~~~~r~T~ilt<<1 (Z~,~~~~~~~i ~-1'~a ~I~ru ~-l~r~~~ DIVISION III. LIMQUSINES Sec. 34-270. Scope of Division III. Holders of grants of privilege to operate a limousine service shall be governed by the provisions of this Division in addition to all of the provisions found in Division I of this Article. Sec. 34-271. Minimum Number of Limousines needed For Grant of Privilege In order for an applicant to apply of a grant of privilege to operate limousines in the city, the application must request authority for a minimum number of three operational limousines before it will be accepted for review and consideration. 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 limousine service grant of privilege, (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 grant of privilege must be strictly adhered to, and no change in rates may implemented without written approval from City Council. (d} The Ground Transportation Coordinator may require a holder to display rates an or within a limousine in a manner prescribed by the Ground Transportation Coordinator. {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 limousine company and the amount of the fare. (f) The use of any type of meter or measuring device to calculate a fare for limousine service is prohibited. Sec. ;~~-273. E~:~eess fare prohibited; ^onpa~~tnent ref fare. i,~) Ii ,f~~~ll },~~ nnl;i~~ fill i~~~r yin ~,,1„cn~~~~r t~, r<fl~~~~ ~~, (~,i~ (li~~ i~~~~ii i~~ir~~ ui .ins 'I~',~~1111~ ,1":'I ~-,1 !' Il~'C~~ ~~ ,1` ~. ., ;ii ~. [l.ll. fib ~.il.lAA!t. !t~f ,11} f)l'I~ti~', 't~ f11,C :1 ~llll~~U^~Ilti A\ I,fl l~l<' Ii;[~'ilI its ~f<'ll~tU~j IE1~' ~~~1~'[.llnf ~~1 lfli ll[11t~l;~llll' ll( Illy' ~~1IC' (~~r .ii~l> >~r~~«~ } .~ilur~~ to }~a~ li~~ I~~~,;il t<ii~ •h<ill 1,~~ }~r~~~u~n~,ti~~• ~,I~ ir~t~.~nt <<~ cl~ i i~au~l. ~hj It shall he unla~tflil 1~_~r a linu~u~in~ ~,hcrutr~r tc~ char~~e a rats t}~al i~ iti ~.:lccs~ ~~f Sec. 34-274. Service on Pre-Arranged Basis; Trip Manifests {a} Each holder providing limousine service shall provide its drivers with forms for maintaining a trip manifest. The form must include appropriate spaces far 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 shall show the written documentation upon request to the Ground Transportation Coordinator or peace officer. {c} A driver furnishing limousine service shall not accept any passenger except one 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 20 minutes before the designated pickup time. See. 34-275. Alcohol In A Limousine (a} A holder or driver commits an offense if he provides an alcoholic beverage to a passenger far 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. Sec, 34-276. Ynspection of Limousines. {a1 ~~, li~»ousine shall tie ~3ri~en ~,r oE~eratc~l uEx~n t1~c strecis of~the cite ~inles, thy; ,.u>>~~ ~~,nl~~i~n~; t~~ t1~r n~ini~l~un~ ~al~~t~ ,~,~n~i,ir~1• ~°~t.~hli~l~~~l l~~~r<in au~l hay ~i il~~i '~i~,j,~~~rC,~t; ~It~~.ii ~~~~ti~~l h, tl~., t ~fl) ~~Illiilll.lll] `~;11~'1~ ~ill1~ ~:IIIIUIUI] ~j;llll{~11(j~ ~Il,lli ~~~' ~'l~ll;ll Iii fll~)~L `+I~llllj_:~~i~ alt~E~llCi h~ th~° Uallas F~~rt ~~~urth I~~ternati~~nal .~~u~~~~~rt. ~~; theti nr~~ ~l~an~e ~i-vin tirnc t« tinge. L)r<<ii ~~u~~u~t 1-l. ~~~il.~ 1 (c~ The City shall 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 rear window. (d) A holder shall pay an inspection fee per vehicle inspection. (e) Limousines bearing a current inspection decal issued by the DallaslFort Worth International Airport may be issued a City safety decal without further inspection. (f) If the operation of any limousine is found not to comply with the requirements of this section, the City Manager, designated City official or any police 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 privilege holders shall conduct periodic inspections of limousines, but not less than monthly, to ensure compliance of ail minimum requirements. (h) 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 office within five days after the accident or collision. Before operating the limousine again under the operating authority, a holder shall have the vehicle reinspected for safety and shall send to the ground transportation coordinator office a sworn affidavit that the vehicle has been restored to its previous condition. (i) Any sworn or designated civilian member of the police department, Municipal Court Director or his or her designee, deputy city marshal or ground transportation coordinator may conduct inspections of the driver and limousine to ensure compliance with this section. fJ) It shall be grounds of suspension or revocation of a limousine driver"s permit or a holder's ~~7-ant of privilege if he or she fails to make a limousine available for inspection. f~) ~~1C_1~olllllj 11~allti~~ol'(alloil ~'~u~PC~lll~llol" I13;1`. fall>~' a (j~'~~1~ t~~ 1~~' [~'I11U~CCf fl'llnl a 1',1~~,~ Ili. ~~!,fi ~;1'~~ ~ ''-lip . '~}. " I,fl':.~ ,,.~. ~1 a ~~:.I!~`. ~~I ,l~lj~-.',i!.,il~ ~ _ ~~~I1t~11J~~11. .i:_'l' ~~I ~'~{al~?(11<'Ill (l :~ ~lCt~aoll ~olllllllt~ gill olfc°Il~~ 11 l~l~ (?~'I~~oll o~~~I,1ICJ a ~Illll)~l~lil~ ~~'I~v ICS' I[l l~l~' Cllr ~'~l(~lOU1 l?~~131n1n~~ ~l Ilnl~)U~1nC l~~'C~l~ if"t)Ill l~l~' ,._I-t_)~IIIC~ IC3n5}~l)CI~IUC)n Cl~l)1'Cjnla[OC. Sec. 34-277. Age limits of limousines, other vehicle requirements. {a} Effective January 1, 2004, no limousine 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} Subsection {a} and {b} of this section do not apply to stretch limousines. Sec. 34-278. City-wide limousine service required. {a} Each and every grant of privilege holder and limousine driver permit holder is required to provide city-wide limousine service. The grant 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 grant holder and limousine driver permit holder shall provide limousine service to the general public to and from any point inside the city that is accessible by public street. {This does not require a limousine to be subject to mob violence or destruction.} Sec. 34-279. Blocking entrances of sidewalk or building, The limousine driver shall not obstruct entrances or passageways of any sidewalk or building. C}nce engaged by his or her prearranged passenger, limousine driver may provide assistance to his or her passenger. t)1~ ISIO\ It SHl l1 I.F: S}~~fl~ I( t~. Sec. 3-~-2yU. Scope of~ Ui~isiun 1~ }iul~lers of~~~rai~t~ uf~}~i~i~ile~~c t~> c~~~~ralc~ ~i shuttle ser~icc Tall 1~e ~~~~~crne~~ b~ the ~~rc~~isi~~ns ~~f ibis I~i~isiun in ad~liti~>>i tc~ alb cal"the hro~isi~~n~ f~~uncl i» Di~~ision I ~~f this ~r?;:I~ Sec. 34-291 Minimum Number of Shuttle Vehicles needed For Grant of Privilege In order for an applicant to apply of a grant of privilege to operate Shuttle service in the city, the application must request authority for a minimum number of three operational shuttle vehicles before it will be accepted for review and consideration. 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 (?} 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 sha11 be removed from operating under the grant of privilege. 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 map of the entire service area, divided in sectors and schedules, 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 365 days a year. (d} A shuttle operator shall not operate a shuttle for more than twelve { 12} hours within atwenty-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 in a reasonable time. (fj Any violation of this section shall be grounds for suspension or revocation of the shuttle giver's permit, ~c~c...z-3-'y~l. tic~r~ici~ ran ~~rc~arr~in~~~~I l~a.i~: I riE~ ~lanik'i~~t~- {~il f ~i~~l ~li~ll~tl ~h.ll~ ~~I~t~VIl~~ !~~ 11~ Cjf1A~1~ .i CUIIII i~~[ Il1,illY,tlllifl~ ~1 ~~I~~11~I;lll;'C:(j Ilf~l I11~1111~C~(. ~ I~~ I~~II~I 111U~1 Ill~~il~jt' ,1~~~)f~~~)Il<!l~' ~~).lC~'~ 1t~I I~~u1~tjlll,~. ~. tii»c, }~la~c, ~,r~~~in. an~1 ~i~~;tinati~~n ~~I~<<~~h 11~~E~: ~. the n<imc5 and ad~3r-esscs of the Eristicia~~crs; 3. the t~~tal num~~cr r~f~~~a~s~u~~~rs Oraft \u~u:l 1-I, '~~u_; 3~ (b} A driver fi~rnishing shuttle service on a prearranged basis shall show the written documentation upon request by the ground transportation coordinator or a peace officer. (c} A driver furnishing shuttle service on a prearranged basis shall not accept any passenger except one 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 20 minutes before the designated pickup time. (e} Any violation of this section shall be grounds for suspension or revocation of the shuttle driver's permit. 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 service grant of privilege. (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 grant of privilege must be strictly adhered to, and no change in rates may implemented without approval from City Council. (d} The Ground Transportation Coordinator may require a holder to display rates on or within a Shuttle in a manner prescribed by the Ground Transportation Coordinator. (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. ~cr. z-1-"1(,. In~~~r~rtl~~n. t,il ~~lti ,~I;IUI i~l (~I~1i~«,C ~i~~~~~~'f ~ <';Ic~; ~flii~ii~' ~~'~~I~l~' ~~l,lll ~l[lIlU3~IA t~f~(~iill ~((~Ill ll~~ ~i~~tin~l ~i,lii,~~~,rt~ali~,n ~~u,~~lin.~t~~~ ,i ~1t~~~~l til~it in~liral~~ tl~~it il~~ ~l~ultl~~ ~~.~nicr ha, uE~~ratnl~~ autl~~~r~t~ t~~ ~a~~~ra(~ i>> tl~<~ ~il~ ~~I I~~>rt ~~~~~rth uncj tlrit it hay h~cn insp~~~t«l. ll~) ~fl~ t !~\ ~~.._ .' ~~I ~~III~~' iii ~?l' "'-~lt~'~'. .1} iC'a>~ t'\l'[~\ HIV (~~) Illlllll~lti. City shall maintain a retard of each inspection and shall provide the holder a copy of same. C}nce 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 rear window. {c} All shuttle vehicles shall be subject to inspection at any time by the City to ensure compliance with this Article. It shall be a violation of this article for any person to delay, interfere with or refuse to permit 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 City and shall be ordered out of service. {d} Minimum safety and emission standards shall be equal to those standards adopted by the DallaslFort Worth International Airport, as they may change from time to time. {e} If a shuttle vehicle is involved in an accident ar collision during the term of the operating authority, the holder shall notify the ground transportation coordinator office within five days after the accident ar collision. Before operating the shuttle vehicle again under the operating authority, a holder shall have the vehicle reinspected for safety and shall send to the ground transportation coordinator office a sworn affidavit that the vehicle has been restored to its previous condition. {f) If the operation of any shuttle vehicle is found not to comply with the requirements of this section, the City Manager, designated city official or 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 far re-inspection {g} A holder shall pay a vehicle inspection fee per vehicle inspection. Sec. 34-29'l. 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, air conr~itioner 2. a chemical-t~~pe fire e~~tin~~uishei-. c~fiat least a ~~i1c-quart capaeit~, c~>>>~~TUC~i~I~ 1~,~<~l~~ci in tl~r ~a;~i~~ c~,n~E~,u~(n~~~n~ .,t th~~ ~~°1>>~~I~ :i. ii~~ dr~~~•r ,~' ~.,.1i l~ ~.itjii ~1~.~~. L~,'c. I~~I i'lill;l~ji.l!< , _. Z'~ II~~:II~~' ~~I Ill~ill;UlCC f~'~{Ul1~C'lj ~~\ 1~IA I~li~ll ~, I~,< <i .I~uttl~~ ~ <~hi~ Ic_ a ra~~ ~rh~~~iul~ ~~~,~lc~l u~sidc ~h~~ ~ ~l~i~l~~ in a ~~r.ini~cr a}~E~ru~cd h~ (hc ~~r<~und (ransE~c~rtat~~~n cc~~~rdinat~>r. Jam. 1~7C 11ai~c' tlallle Of l~le ShU1I~~' S<r~1cC all<~ a Ulllt IlUlll~~~i" (~etlllallf'f1I~~~ ai~fi~cd to h~~th sides o(~thc ~chiclr in letters at Icast three il~chcs hi~~h ~~ith ,I ~~f;~'~l,tif III~'h ~il~~~.t' II1 .I ~'~~Iilr;l~[~.iL" ~~~~I~lf ~>ial( ~UL'U~I ~~. 'Ilrl~ ~? {b} Each shuttle vehicle operating on a preapproved regularly scheduled basis or preapproved 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 or cellular telephone that is operational during service hours; S. have a sufficient number ofback-up vehicles for each approved route; and 6. be inspected and approved at a location and time approved by the ground transportation coordinator. Reserved 34-298 thru 34-309 DIVISION V. HORSE DRAWN CARRIAGE Sec. 34-314. Scope of Division V Holders of grants of privilege to operate a horse drawn carriage service shall be governed by the provisions of this Division in addition to all of the provisions found in Division I of this Article. Sec. 34-311. Minimum Number of Horse Drawn Carriage needed For Grant of Privilege In order for an applicant to apply of a grant of privilege to operate horse drawn carriages in the city, the application must request authority for a minimum. number of two operational horse drawn carriages before it will be accepted for review and consideration. Sec. 34-312. Designated Areas {a} The Downtown Desi~~nated Area shall be defined by the Director. {b} Scr~~ice in the [~o~~nto~~ n Dc~i,~nate~fi .Tea shall he i~crn~itte~i het~~ecu the hour ul~ ~' iii ~~ n~ <~n~l 1 ~~~~~ ~~ ~l '~I~~i~~la~, lhn~u~~h (r~~la~ anal al] ~l,i~ ~,n SaTUr~la~.. ~ '~~iJ` .11?t~ ~' ~.. ~ ,,. ',A' ~.l,l-~ ~~L ~ii .1'. .,ti, ,. .i ~~i~li~;.l~,_ i~ t Ir~~1.i~ I i~,titl.>~i~ u~_ 1><i~ .au~l lll~~ I~ri~i,i~, a11~~r I ha>>L,~i~ iu; I ),t~. (1~ri>it~r,i~ ~I)cccn~h~~ ~~ ). Ac~~ ~ care I>a~ ~.lanuar~ ). In~lc~~cn~iciacc I>u~ (July -1 ). ~tcn~~,n.~l Oar an~i Lalu~r t>a~. {c} St~~ck~ar~l~ [)e~i~n~it<<1 .~~,rea shall he <letine~i 1~~ tl~c hir~ct~~r•. {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 an a Monday through Friday: Thanksgiving Day and the Friday after Thanksgiving Day, Christmas {December 25`~}, New Year's Day {January lit}, Independence Day {July ~cn}, Memorial Day and Labor Day. Sec. 34-313. Designated ArealTime Exception {a} If Holder desires to provide horse-drawn carriage service in an area or times other than permitted in Section 34-312, Holder shall seek a "Street Use Permit" from the Director no later than by 1:00 p.m. on the city business day before the day of the requested service, In order to request a Street Use Permit, Flolder must submit the desired route or time for the Director's review. {b} The Director may condition the Street Use Permit with any requirement the Director deems to be in the interest of public safety, such as, but not limited to, requiring the Folder to have a vehicle escort following the horse-drawn carriage on major thoroughfares or additional temporary lighting. {c} If approval or conditional approval is granted, the Director shall issue a "Street Use Permit" that shall include any required condition. Sec. 34-314. Fares; Telephone Number {a} The schedule of fares and the telephone number of the Ground Transportation Coordinator in case of complaints must be displayed inside the horse-drawn vehicle in a manner so as to be visible to passengers upon entry into or while seated in the vehicle. {b} A grant of privilege holder shall submit a schedule of fares and any revisions to the ground transportation coordinator. Sec. 34-315. Fquipn~ent {a} Holder shall keep its equipment i,~ a neat, clean, operable and safe condition, and attractive to the ~~encr~il public. ~'`~ ~~ ~;;~. l;.si .~I~,~ ....,. ,i~ ,r. ~ ~,~~__ ~ ~!~~ 7~i+i~~I- '.III ~~1;A li~'L~' ailll ~~la~ lllllllbl'1 ~'a~~: ~~~~lili. _'111ci~~~, ~U~~l icll%'I~ ,tlltf Illillll)C1~ `~Ila~~ }~~' ,11 lc<t>I t~flc 1[1c11 I11 ~lcl~'II( ~c) 1 i~~}~tin~~: f~~~ch carriage i~}~eratin~~ iii the ~~ii~ ~~f~ F~>rt ~~~orth pursuatll t~~ this article shall have the f~~Ilo~~in,~ li_~hiin~~ and rcflect~~r e~{uipmcnt, {a} One or two lamps displaying red lights: The lamps shall be at least 4 inches in diameter and use a bulb of at least thirty-two candlepower. If only one lamp is used, it shall be mounted as far to the left, towards the front, as possible. {b) Two red reflectors: The reflectors shall be at least three inches in diameter or seven square inches in diameter. The reflectors shall be mounted below the lamps, but not lower than two feet from the ground. {2} Vehicle Front: At least one Iamp displaying a white light: The lamp shall be at Ieast four inches in diameter and use a bulb of at least thirty-two candlepower. If only one lamp is used, it shall be mounted as far to the 1ef1, 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 Iess than two 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 Iess than two feet from the ground. {4) Reflective Wrap on Front Legs of I-Iorse 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. {d) The lamps required by this section shall be in use and operational during nighttime hours beginning one half 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 inch fluorescent orange triangle with a one and five-eighths 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 Ilun~lrcci feet and shall be mounted not less than three feet from the ground. No decorati~~e tri~~~ or any part of the vehicle shall cover or obscure any part of the G111)~Cll~ ~iI ~ill1~ Ilill~. ~ i ~ ~ ~,r,t '.;',l'.v I'~ t.i~i I,i~,'c ,~ f;C: j ~!:~., '~. ,., ~ „il.l~ 'll." ..'lir ~!?.ii~~, I1~~1 ~~ol~l~lc cv~C•,I~c~~ ~\~I ,~illil_ ~1v'i~'? ,ln~j ~ll~)f~~!I"II;~_' ~lluc[tilc~ ~fl~il~ ~~~' ;111<!cl ~~ ill~~~u[ .ins ~ ~~ihic htc~ih~ or plc flee t~oi~ ~~rcalci ~lr,ii~ incursc~l h~ ~i nonn~il loa~1. ~~~) I,~~ch I~orsc-~lra~~n curria~uc sluill he uyuiE~~~cri ~~itla <i suitahl~ <~~~ ~;l~[icient n~ai~uall~ opcrutc~l hr~~kin~~ t»~~cl~aT~ism ~lcsi~~n<cl for such rsirria:~u. O~;~tl \u~~ti;t fi-1. ~u~i ~ ;~~ {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} The grant of privilege holder of each horse drawn carriage shall annually obtain from the ground transportation coordinator a decal that indicates that the carriage has operating authority to operate in the city of Fart Worth and that it has been inspected. {b} A11 horse drawn carriages shall be subject to inspection at any time by the City to ensure compliance with this Article. It shall be a violation of this article for any person to delay, interfere with or refuse to permit 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 City and shall be ordered out of service. The City 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 City shall maintain a record of each inspection and shall provide the holder a copy of same. Once a horse drawn carriage is inspected and found to be in compliance with this article, the Ground Transportation Coordinator shall affix a horse drawn carriage decal on the carriage. {c} Annually, the holder shall pay an inspection fee per horse drawn carriage. {d} A person commits an offense if the person operates a horse drawn carriage in the city without obtaining a horse drawn carriage decal from the ground transportation coordinator. Sec. 34-311. 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 suhi»it a complete State Certificate of Veterinarian Inspection annual lv to the Ground 1~ransport~~tion Coordinator or designee. {c} ~n~ h~,r<<~ hn~u~~lu ~nt~~ ~~~r~ i~c nui~~ i i ~~~ '~~'-.11 I~'.f ~, ,!'.. iii; Ali I:', i; '~~i ~~I~i`. I ~~ 13~` ~i ~~~~1~1~i~~ ~,~ .i n~ar~_ ~ir~1 t , ~ k3~ .~t l~.',i~t lhr~~~~ ~~.~r~ ~~i~1 ~c1) .-~ 1~cal~I~r shall 1~e resE~onsihl~ for naaint~~i~~in~ the fi_~al~~~~~in~~ inlc~rt~~atic~rt ft~r each. Imr~e hr~~uwht into scr~icr: {3} Immunization record of rabies, tetanus, influenza and F..astern and Western equine, updated annually. {e} All privilege holders sha11 provide horses with sufficient and appropriate food and fresh potable drinking water and while working, each horse shall be permitted to eat at reasonahle intervals and have access to drinking water when necessary and rest when necessary. {f} Holder shall keep all routes clean and free of horse excrement and the failure to keep all routes clean is grounds for suspension or revocation of the Privilege. (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 30 degrees Fahrenheit; (i} A horse cannot work more than two hours when the temperature is reported to exceed 95 degrees Fahrenheit. {j} A horse cannot work more than two hours when the combined temperature and humidity index for Fort Worth exceeds a numerical value 150, as measured by the National Weather Service. Reserved 34-318 thru 34-329 DIVISIUN Vh PEDIGAB Sec. 34-330. Scope of Division VI Holders of grants of privilege to operate a pedicab service shall be governed by the provisions of this Division in addition to all of the provisions found in Division I of this Article. St~c. 3~3-3?l. 1linimum \umher ~~f Pedicahs V~eeded F~~r (;rant <~f pri~ile~e II' ~ .~~.ICi t~~, ,11' ,i(!~!flt,i!lI .. ,t~~Gll`. .~? ,t ,tll'; ~ ;'II`. ~~) !< '~ jl~ i I l'1.1 + i.'t ,1~ I\ ~l Ili Illy' ~'II1, I~l~ .I}~l~~l~;illt~ll Illll~l I~CilI1t~I ,lUlllUl~lEV l~~f ~i Illlfilllllllll IIUIUI~CI ~~~ It\t~ t)lll'(<lll~~ll;~l ~.~~th. h~'h~rr It vtilll h~ ;t~~~~'l~t~c1 I~~t I~~'vI~~~ .tll~l ~un~i~l~r~th~~n ~cc. ~-t-33?. pedicab Dc~i~nated :~re~ts (,l) ~ ~?l' ~~~~V1IlI~~\V'1 ~~<'~I"Il~ll~(~ ~i~l'a ~~i,1~~ l~C il~'1'll~~l I1V Illi 1)}I~'~~I~if. 1)I;l~l =~11.~.11I 1-)•, iflll; .}1 {b} Service in the Downtown Designated Area shall be permitted between the hours of 7:00 p.m. and 1:00 a.m. I~~onday 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 25#~'}, New Year's Day {January 15{}, Independence Day {July 4tr~}, 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 '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 25t~'}, New Year's Day {January 15t}, Independence Day {July 4r~'}, Memorial Day and Labor Day. Sec. 34-333. ArealTime 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 by 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 may condition the Street Use Permit with any requirement the Director deems 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, the Director shall issue a "Street Use Permit" that shall include any required condition. Sec. 34-334. Fares, Telephone Number {a} The schedule of fares and the telephone number of Ground Transportation Coordinator in case of con7plaints ~llust be displayed inside the pedicab ~~chicle in a manner so as to he ~isihlc to passcng~r ~~pon enh~~~ into or ~~hilc ticated in the ~"il) ~~I,11' ~( ~?IIv illl'~ ll~?#l}~l ~~l.l ! ~li~llllll ,i ~~ ~l~l~lll [i~ ~,11C~ ,lily ~illV I~'~ (~I~~II> i~l [I1~ l ~I ~ ~l~{ ~ f~lll~~h~Il,ill~~li ~ u~?lljlll,t(l~l Sec. 3~3-33~. Pedicah r:yuipment '.1~,IL ~~~'. _ c~j~~?,l~~~l' ,II1~~ ~.Il~ ~~~1111j111~~1i \\ If~l {b} Holder shall identify each pedicab vehicle with the name of the entity holding the Privilege and unit number of each vehicle located on the rear of the vehicles; such letters and numbers shall be at least two inches high. {c} A holder or driver shall, at all times, provide and maintain in good operating condition the following equipment of 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; 6. evidence of insurance; 7. decal; ~. safety helmet; 9. seat belts. Sec. 34-336. Inspections {a} The grant of privilege holder of each pedicab vehicle shall annually obtain from the Ground Transportation Coordinator a decal that indicates that the pedicab vehicle has operating authority to operate in the city of Fart Worth and that it has been inspected. {b} Ali pedicab service shall be subject to inspection at any time by the City to ensure compliance with this Article. It shall be a violation of this article for any person to delay, interfere with or refuse to permit 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 City and shall be ordered out of service. The City shall make or cause to be made, at least every twelve {12} months, inspections of pedicab vehicle to ensure their compliance with this article. The City 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 vela i c le. {c} ;~nnuall~°, the hul~ier shall E~a~~ an inspection lee her }~edicah vehicle. It!1 ~ ~l~I,~~;l ~t~ill[llll~.111 ,);1~'?hC' !jl~ ~~~"~~ ., ~~~~~~I,II'. .t ~i~~i;„1~~ ~~fAI~~ IIl (~1C~ ~I'\` V~ I1~l~~ll[ ~1~)1~1111111~' .l p~l~l~.if~ tj~'C~ll 1(~~fll ;~1~' ~ ~It~lUll~ ~ Iall>~~~~I1~111~~11 ~ l~t~[ljlll,l(~~I' ~~ SEC"CIO 3. 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 Cade, in which event conflicting provisions of such ordinances and such Cade are hereby repealed. SECTIQN 4. 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. SECTIt~N 5. 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 fined not more than Two fl2~ndred Dollars {$2(}(}.00} for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SF.(°TIO~ fi. ~I11A ~tll~j .li A',i~j,i~l~~il~ ~~I III (11UA I~IC~I1~ ~~~ ;Ili' ~~rlllll~llll~~ .llll~lll~cl~ li. 1a(I(111 ~. t\llllll ~1~1~1' accrual at the tin~c uf~t}~c cfl~cti~c clatc of~thi~ ur~li»ancc rind, as t~> such accrucci ~~iolatioi~s 1~~1~~ .1~~i 'it'!lt1', !!..H'i'll. f~t?j'1 ~„l~'~ ,lli ~ ~. i~.;~. `.A~'~ll.~ ~~<'li~~l'-L II1 i~~iill ~~~ {}l~l, t~lhl~'I such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTIUN 1. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 4 of this ordinance for two (2} days in the offtcial newspaper of the City of Fort Worth, Texas, as authorized by Section 2, Chapter ~;~V of the Charter of the City of Fort Worth, Texas and by Section 52.Q13, Texas Local Government Code. SECTION 1. This ordinance shall be in full farce and effect after its passage and publication as required bylaw, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ASSISTANT CITE' ATTORNEY ~-~ DATE: ADOPTED: EFFECTIVE: ~ - ~- L)r,~l~ ~1~i~u~( 1-l. ~(l~J;