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HomeMy WebLinkAboutOrdinance 21389-08-2014 ORDINANCE NO. 21389-08-2014 AN ORDINANCE REPEALING AND RESTATING CHAPTER 34, "VEHICLES FOR HIRE" ARTICLE VI "GROUND TRANSPORTATION FOR HIRE," OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986)9 AS AMENDED; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the legislature has found that to protect the public health, safety, and welfare, a municipality by ordinance shall license, control and otherwise regulate each private passenger vehicle, regardless of how it is propelled, that provides passenger taxicab transportation services for compensation within the jurisdiction of the municipality; and WHEREAS, section 215.004 of the Texas Local Government Code provides that such an ordinance may include the regulation of entry into the business of providing passenger taxicab transportation services; regulation of the rates charged for the provision of the services; establishment of safety and insurance requirements; and any other requirements adopted to ensure safe and reliable passenger transportation service; and WHEREAS, the City of Fort Worth deems it necessary and appropriate to repeal and restate Chapter 34, Article VI, of the Code of the City of Fort Worth, Texas, to revise the process and procedures for regulating passenger transportation service in Fort Worth. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, THAT: SECTION 1. Chapter 34 "Vehicles for Hire," Article VI "Ground Transportation for Hire," of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby repealed and restated in its entirety to read as follows: DIVISION 1. GENERAL PROVISIONS Sec. 34-200. Scope of Article, Division I. (a) This Article governs the operation of all vehicles for hire and ground transportation services under an Operating License. This Article, however, is not a limitation on the power of the City Council to incorporate special provisions relating to the operation of the Ordinance No.21389-08-2014 Page 1 of 57 Vehicle for Hire services as defined herein. To the extent that a special provision conflicts with this Article, the special provision controls. (b) This Article does not apply to a Vehicle for Hire service or to a person operating a Vehicle for Hire service that is: (1) To transport a person from a point outside the City to a destination inside the City if the Vehicle for Hire service leaves the City without receiving a new passenger inside the City; (2) Rated under state or federal authority unless subject to the City's regulatory authority; or (3) Rated for a funeral home in the performance of funeral services. Sec. 34-201. Definitions. Alternative fuel vehicle means (i) any vehicle using an alternative fuel as defined by the Energy Policy Act of 1992 or being powered by hybrid-electricity; (ii) any vehicle that meets Tier 2 Bin 1-3 emission standards as defined by the U.S. Environmental Protection Agency; or (iii) any vehicle that is retrofitted to use U.S. Environmental Protection Agency or California Air Resources Board verified aftermarket technologies that reduce emissions. Approved Adjustment means the number of vehicles or percentage of vehicles by which a Licensee is authorized under this Article to increase or decrease his fleet not more than one time each year during the term for which the Licensee has authority to operate. Bench Test means a test of a taximeter head alone, except that the gearbox (i.e., the change gears designed to compensate for tires of different sizes) may be attached. Board means the "Vehicle for Hire Review Board" created to make recommendations for approval or denial of an Operating License for taxicab service and which shall be composed of a four member panel including: (i) the Director of Transportation and Public Works, or his designee, who shall hold place number 1; (ii) the Director of Public Events, or his designee, who shall hold place number 2; (iii) one representative of the local ground transportation / hospitality industry who shall be appointed by the Ground Transportation Coordinator to place number 3, and shall serve a term of two (2) years; (iv) the Ground Transportation Coordinator shall hold place number 4 and shall be an ex-officio, non-voting member. Central Business District means the area of Fort Worth bounded on the east by I-35W; on the south by a line one-half block south of Vickery Boulevard and extending west to the centerline of 1-30; on the west by a line extending north and south with the east property line of the City of Fort Worth Water Treatment Plant to West 10th St. and along West 10th St. to the Clear Fork of the Trinity River and along the Clear Fork to the Trinity River; on the north by the center of the Ordinance No. 21389-08-2014 Page 2 of 57 Trinity River to the extension of Jones Street and thereafter by Bluff Street, as set forth in Appendix A, to the City Code, Zoning Regulations, Exhibit B.15. City means the City of Fort Worth. City Council means the governing body of the City of Fort Worth. City Manager means the individual appointed to that position by the City Council of the City of Fort Worth, Texas, together with all assistant city managers and such other individuals as may be designated by the City Manager. Cruising means any movement of a taxicab over the streets of the City without a passenger occupying the taxicab for the purpose of being hailed by a prospective passenger. Decal means a pre-numbered label made to be transferred to glass and issued by the Ground Transportation Coordinator to indicate a Vehicle for Hire that is licensed to operate in the City. Defensive Driving Course means a driving safety course as provided in the Texas Transportation Code. Department means the department or division designated by the City Manager to enforce and administer this Article. Director means the department head assigned the responsibility for supervising the City's ground transportation services. Driver means the individual who is authorized to drive or operate a Vehicle for Hire in the City. Driver's Permit means the picture identification card issued by the City to a person who is authorized to operate a Vehicle for Hire pursuant to an Operating License. Ground Transportation Coordinator or Coordinator means an employee of the Ground Transportation Office designated by the Director to administer and enforce the ground transportation program. Group Cycle means a non-motorized vehicle with the carrying capacity of 16 passengers operating on a pre-arranged and predetermined schedule with fixed pickup and destination points located on a route approved by and on file with the Ground Transportation Coordinator. Hearing Officer means the person who is appointed by the City Council to hear appeals under this Article. Horse-drawn Carriage means a chauffeured non-motorized vehicle drawn by a horse and Ordinance No.21389-08-2014 Page 3 of 57 used to transport persons for hire that typically operates in designated areas or on approved routes. Horse-drawn Carriage Stand means a public place reserved exclusively for use by horse- drawn carriages. Initial Mileage, Time interval or Drop means the mileage or time interval corresponding to the initial drop. Legal Resident means a citizen of the United States or a person residing in the United States in accordance with federal immigration laws. Licensee means a person, association or corporation that is licensed to operate a Vehicle for Hire under this Article. Limousine means a luxury sedan, luxury sport utility vehicle, luxury van or luxury truck that has the manufacturer's rated seating capacity of not more than fifteen (15) passengers excluding the driver and/or is approved by the Ground Transportation Coordinator to be used as a limousine to transport a person on a pre-arranged basis. Limousine, Classic means a stretch or executive limousine that is recognized by the Classic Car Club of America as a classic vehicle and is approved by the Ground Transportation Coordinator to be used as a limousine to transport passengers on pre-arranged basis. Limousine, Specialty means a stretch or executive service limousine that has been modified to accommodate a special feature, such as a hot tub, or enhanced by altering its appearance to provide a distinctive design, such as with a kit to replicate a classic vehicle. Limousine, Stretch means a luxury sedan with a wheelbase that has been extended not less than twelve (12) inches from its original length and has a rated seating capacity of fifteen (15) passengers or less, including the driver, and is approved by the Ground Transportation Coordinator for the use as a stretch limousine. Luxury Sedan means a motor vehicle that (i) is designated by the manufacturer as a full- size sedan that has at least four (4) doors; (ii) has a rated seating capacity of six (6) passengers or less, excluding the driver; and (iii) is approved by the Ground Transportation Coordinator for use as a luxury sedan. Luxury Sport-Utility Vehicle means a motor vehicle that is designated by the manufacturer as a full-size sport-utility that has at least four doors and is approved by the Ground Transportation Coordinator to be used as a limousine to transport passengers on a pre-arranged basis. Ordinance No.21389-08-2014 Page 4 of 57 Luxury Truck means a motor vehicle modified to be a stretch limousine that (i) is designated by the manufacturer as a truck; (ii) after modification, has seating capacity for at least four (4) passengers; and (iii) is approved by the Ground Transportation Coordinator for use as a stretch limousine. Luxury Van means a motor vehicle that is designated by the manufacturer as a full-size van with a wheel base of not less 135 inches that has at least one driver's side door, two passenger side doors, and a rear door for the cargo area, and is approved by the Ground Transportation Coordinator to be used as a limousine to transport passengers on a pre-arranged basis. Minimum Fleet Operation means the minimum number of taxicabs a Licensee may be authorized to operate under this Article. Motor Vehicle means every motor-propelled vehicle used for the transportation of persons over the public streets of the City. Non-Emergency Medical Contract Transport Vehicle (medical vehicle) means a pre- arranged service between a medical clinic, health organization or service provider with medical patients and a licensed transport company providing door-to-door transport service for patients at a predetermined flat fare between the patient's home and the contracting medical facilities only. Operating License means a license issued by the City to operate a Vehicle for Hire service within the city of Fort Worth. Pedicab means a non-motorized vehicle with three (3) or more wheels propelled by human power or assisted power. This service only operates in designated areas or on approved routes. Pedicab Stand means 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. Pre-approved Regularly Scheduled Basis means a shuttle service operating on a predetermined schedule with a fixed point of pickup and with a final destination located within a fixed zone or sector, all of which have been approved by and on file with the ground transportation office. Pre-arranged 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, Ordinance No.21389-08-2014 Page 5 of 57 correspondence or other oral or written communication. Pre-approved 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 office. Record means all papers, documents, audio and video tapes, and any other items or testimony submitted to or considered by the Board or the Coordinator for consideration in reaching a decision to recommend approval, denial or revocation of an Operating License. The record may also include any recordings, videos, or transcripts of the hearings authorized under this Chapter. Road Test means a test similar to a wheel test or bench test, except the taximeter mechanism is actuated as a result of cab travel. Shuttle Service means the 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 a pre-approved route. Shuttle Vehicle means a van-type motor vehicle that has a manufacturer's rated seating capacity of not less than seven (7) passengers and not more than fifteen (15) passengers excluding 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 right-of-way or highway within the City of Fort Worth. Taxicab means a chauffeured motor vehicle for hire used to transport passengers and that typically operates on irregular routes, irregular schedules and on a call-and-demand basis, but does not include: (1) A vehicle being operated pursuant to a franchise, grant of privilege, or permit issued by the City; the railroad commission of the state; or pursuant to permission duly granted by proper authority of the City for a vehicle to operate over a regular route upon a set schedule; or a vehicle being operated as a chartered bus under a contract to carry twelve (12) or more passengers; (2) Vehicles being used as ambulances; or (3) Vehicles rented or leased for self-operation by the persons who drive the vehicle, unless such a vehicle is transporting persons for compensation. Taxicab stand means a public place reserved exclusively for use by taxicabs. Ordinance No.21389-08-2014 Page 6 of 57 Taximeter means a device that mechanically or electronically computes and registers in dollars and cents for viewing by the passenger, the fare based upon the distance traveled, the time the taxicab is engaged, or any other basis for charges which are specified in the Operating License or rate ordinance pertaining to a taxicab Operating License. Traffic Engineer means the Director of Transportation and Public Works, or an employee of the department appointed by the Director of Transportation and Public Works as provided in Chapter 22 of the City Code. Transfer means any form of sale, conveyance, assignment, lease, sublease or merger of an Operating License, 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 Licensee; and (2) Any option, right of conversion or similar right to acquire interests constituting control without substantial additional consideration. Vehicle for Hire means every chauffeured vehicle, other than mass transit vehicles or vehicles involved in an organized car pool not available to the general public, including, but not limited to, taxicabs, shuttles, vans, motorcoaches, buses, limousines, classic vehicles, luxury vehicles, horse-drawn carriages, group cycles, pedicabs, and non-emergency medical contract transport vehicles which are operated for any fare or compensation and used for the transportation of passengers over City streets. Waiting Time means all time when a taxicab is not in motion, or is not occupied by a passenger, or the time consumed while standing at the direction of the passenger or person who engaged the taxicab. Wheel Test or Meter Test means a test of the entire taximeter assembly when mounted in a vehicle, the mechanism being actuated by the mechanical revolution of the vehicle wheel while the cab remains at rest. Sec. 34-202. Operating License Required. (a) No person shall drive, operate or cause to be operated, nor shall any person employ, permit or allow another to drive, operate or cause to be operated any Vehicle for Hire in the City without first having obtained an Operating License from the City. (b) All applications for Operating License shall be made in accordance with the following provisions of the City Code: (i) Section 34-216 for taxicabs; (ii) Section 34-241 for limousines; (iii) Section 34-261 for shuttles or non-emergency medical contract transport vehicles; (iv) Section 34-301 for horse-drawn carriages; and (v) Section 34-322 for pedicabs or group cycles. Ordinance No.21389-08-2014 Page 7 of 57 (c) All information submitted to the City to obtain an Operating License or Driver's Permit is subject to disclosure under Chapter 552 of the Texas Government Code, the Texas Public Information Act. If an applicant believes its application contains confidential and/or proprietary information, the applicant shall identify all such information by individually marking each page with the words "Proprietary or Confidential Information." If the applicant fails to identify information it believes is confidential or proprietary, the applicant thereby agrees that by submission of its application that those sections shall be deemed non-proprietary and made available upon public request. In the event a request for public information is made, the City will notify the applicant if the applicant has marked its application as confidential or proprietary. If the applicant wishes to object to release of the information, the applicant must request a ruling from the Texas Attorney General pursuant to Section 552.305 of the Texas Government Code. Notwithstanding the foregoing, the following information shall not be considered confidential or proprietary: (a) an application for operating license; (b) all supporting documentation submitted with an application evidencing the applicant's ability to meet the requirements of the ordinance; (c) evidence of requisite insurance coverage (excluding the insurance policy and policy number). (d) A Licensee shall comply with the terms and conditions of the Operating License, and shall comply with this Article and other laws applicable to the operation of the Vehicle for Hire service. (e) A violation of this Article shall be grounds for suspension or revocation of Licensee's Operating License up to, but not exceeding,two (2) years. Sec 34-203. Appeal from Denial of Application of Operating License; Appeal from Denial of Increase or Decrease to Fleet. (a) An applicant may appeal the denial of an Operating License or the renewal of an Operating License, or a Licensee may appeal the denial of an increase or decrease to the number of authorized vehicles, by submitting a written request for appeal to the Hearing Officer not later than ten (10) business days after the decision of the Board or the Ground Transportation Coordinator is issued. A copy of said appeal shall be submitted to the Ground Transportation Coordinator at the same time it is submitted to the Hearing Officer. (b) The applicant's or Licensee's request for appeal must specify the grounds on which the appeal is based. (c) Upon receipt of the applicant's or Licensee's request for appeal, the Ground Transportation Coordinator shall provide a copy of the Board's or the Coordinator's written findings and the Record of the action from which appeal is taken to the Hearing Officer. The applicant or Licensee shall have the right to request a hearing and present oral arguments before the Ordinance No.21389-08-2014 Page 8 of 57 Hearing Officer, but such right shall be waived unless requested in writing and included with the request for appeal. (d) If the applicant or Licensee does not request a hearing to present oral argument, the Hearing Officer shall review the decision of the Board or the Coordinator based on the Record, and make a determination as to whether the decision to deny the Operating License or the increase or decrease was based upon substantial evidence found in the Record. The Hearing Officer shall not consider evidence outside of the Record. (e) If the applicant or Licensee timely requests oral argument, the Hearing Officer shall set the hearing within thirty (30) days of receipt of the request and provide notice of such hearing, specifying the time and place of the hearing to the applicant or Licensee by registered mail to the address as provided by the applicant or the Licensee or to the address as shown on the records of the City. The Hearing Officer shall review the decision of the Board or the Coordinator based on the Record. The Hearing Officer shall hear oral arguments in support of the applicant's or Licensee's grounds for appeal, but will not consider evidence outside of the Record. (f) The Hearing Officer may affirm, modify, or reverse all or part of the decision of the Board or the Coordinator. The decision of the Hearing Officer shall be issued within thirty (30) days of receiving the request for appeal, or if applicable, within thirty (30) days after the hearing for oral arguments. (g) The decision of the Hearing Officer is final, unless the applicant or Licensee files an appeal in writing with the City Secretary within ten (10) days after the decision of the Hearing Officer requesting a public hearing before the City Council. The Ground Transportation Coordinator shall forward the findings of the Board or the Coordinator, the Record, the decision of the Hearing Officer and the record of any testimony offered at the hearing to the City Council. (h) All appeals from a decision of the Hearing Officer shall be heard by the City Council. The City Council may affirm, modify, or reverse all or part of the decision of the Hearing Officer or remand the case back to the Hearing Officer. A decision of the City Council shall be final. (i) An applicant whose application for Operating License has been denied in accordance with this chapter may not reapply for an Operating License before the expiration of one-hundred eighty (180) days from the date of denial, or in the case of an appeal, the date an order is issued by the Hearing Officer affirming the decision of denial by the Board or the Coordinator, or the date of denial by the City Council. Sec. 34-204. Expiration and Renewal of Operating License. Ordinance No.21389-08-2014 Page 9 of 57 Unless otherwise previously issued prior to the adoption of this ordinance, an Operating License shall commence on the effective date of the license and shall expire one year from the effective date. The applicant shall submit the required fees at the time of issuance of the license. A Licensee shall apply for a renewal at least thirty (30) days prior to the expiration date of the Operating License. Sec. 34-204.1. Suspension of Operating License. (a) The Ground Transportation Coordinator shall recommend that the City Manager, or his or her designee, suspend an Operating License if the Ground Transportation Coordinator determines that: (1) There is sufficient reason to believe that the Licensee has made a false statement as to a material matter in the application for issuance or renewal of the Operating License; (2) That the Licensee has failed to comply with the provisions of this Article, or other lawful order; (3) The Licensee has failed to comply with state or federal law or regulations, or for other reasons which would reasonably tend to indicate lack of financial stability of the Licensee to perform a regulated service; (4) The financial position of such Licensee has reached a condition that the Licensee is unable to maintain insurance coverage as required by this Article, or the Licensee is deemed unable to pay in full, reasonable claims for damages which might be legally established and confirmed; or (5) The Licensee has failed to pay the annual operating fee, or any other fees required by this Article as approved by the City Council. (b) Except for suspensions for failure to pay the annual operating fees, the City Manager may suspend a Licensee's Operating License for any violation of this Article for a period not to exceed sixty (60) days. If the suspension is for failure to pay annual operating fees, the suspension period shall not exceed thirty (30) days. (c) In the event of a suspension, the Operating License shall be of no force and effect for the duration of such suspension and the Licensee shall not be authorized to operate any Vehicles for Hire within the City. (d) Notice of such suspension shall be given to the Licensee, in writing, by registered mail specifying the reasons for the suspension, indicating the procedures for revocation, and notifying the Licensee of his opportunity to appeal. (e) The City Manager shall be authorized to remove any such suspension if the Licensee provides verification to the Ground Transportation Coordinator that the deficiency causing the suspension has been corrected. Ordinance No.21389-08-2014 Page 10 of 5 Sec. 34-204.2. Revocation of Operating License. (a) Failure of the Licensee to correct a deficiency prior to the expiration of the suspension period will result in revocation of the Licensee's Operating License. (b) If a Licensee's Operating License is revoked in accordance with this Article, the revocation will become final unless an appeal is filed with the Hearing Officer in accordance with Section 34-204.3 within ten (10) business days after the end of the suspension period. If an appeal is filed, the revocation will remain pending until a decision is rendered by the Hearing Officer. The Operating License shall be of no force and effect while the revocation is pending. Sec. 34-204.3. Appeal from Revocation of Operating License or Driver's Permit. (a) A Licensee or Driver may appeal a pending revocation by submitting a request for an appeal, in writing, delivered to the Hearing Officer not later than ten (10) business days after the end of the suspension period. The Licensee's or Driver's request for an appeal must specify the grounds for which the appeal is based. (b) If the Licensee or Driver timely requests an appeal, the Hearing Officer shall set a hearing within thirty (30) days of receipt of the request and provide notice of such hearing. The notice shall specify the time and place of the hearing and shall list all reasons for suspension and resulting revocation of the Operating License or Driver's Permit. The notice shall be given to the Licensee or the Driver by registered mail to the address as provided by the Licensee or the Driver or to the address as shown on the records of the City. (c) Prior to the hearing, the Ground Transportation Coordinator shall provide the Hearing Officer with the Record upon which the suspension and resulting revocation is based. (d) At the hearing, the Licensee or the Driver shall be allowed to present testimony and shall have full opportunity to disprove any and all charges and allegations set out against him. (e) The Hearing Officer shall affirm the decision of the City Manager, and revoke the Operating License or Driver's Permit if it is established by a preponderance of the evidence that the Licensee: (1) Has violated this Article in any way; (2) Has failed to pay the annual operating fee as required by the City Council; (3) Is unable to pay in full reasonable claims for damages which might be asserted; or (4) Is unable to demonstrate the financial stability to perform the services as contemplated by the Operating License. Ordinance No.21389-08-2014 Page 11 of 5 (f) Other than a finding under subsection 34-204.3(e),the Hearing Officer may affirm, modify, or reverse all or part of the decision of the City Manager or the Coordinator. The decision of the Hearing Officer shall be issued within thirty (30) days after the hearing. (g) The decision of the Hearing Officer to revoke a Driver's Permit or an Operating License is final, unless the applicant files an appeal in writing with the City Secretary within ten (10) days after the decision of the Hearing Officer requesting a hearing before the City Council. The Ground Transportation Coordinator shall forward the City Manager's reasons for suspension and resulting revocation, the Record, the decision of the Hearing Officer and the record of any testimony offered at the hearing to the City Council. (h) All appeals from a decision of the Hearing Officer shall be heard by the City Council. The City Council may affirm, modify, or reverse all or part of the decision of the Hearing Officer or remand the case back to the Hearing Officer. A decision of the City Council shall be final. (i) A Licensee whose Operating License is revoked in accordance with this chapter, may not reapply for an Operating License before the expiration of twenty-four (24) months from the date of revocation, or in the case of an appeal, the date an order of revocation is affirmed by the Hearing Officer or the City Council. The Licensee shall be required to pay a reinstatement fee upon reapplication. Sec. 34-205. Assignment or Transfer of Operating License. (a) No Operating License shall be assignable or transferable without the approval of the City Council. All applications to assign or transfer an Operating License shall be accompanied with a nonrefundable application fee paid to the Ground Transportation Coordinator. (b) Requests to assign or transfer an Operating License for taxicabs shall be reviewed by the Board. (c) Requests to assign or transfer an Operating License for a Limousine, Shuttle, Non- emergency Medical Contract Transport, Pedicab, Group Cycle or Horse-drawn Carriage service shall be reviewed by the Ground Transportation Coordinator. (d) The Board or the Coordinator, respectively, shall make a recommendation to the City Council as to whether the proposed transferee is qualified to conduct such business, whether the transferee is financially able to conduct such business and to pay any claims for damages which might be asserted against him or her by virtue of the operation of such Vehicle for Hire, and whether the operation of such business meets the requirements of this Article. Ordinance No.21389-08-2014 Page 12 of 57 (e) Any violation of this section shall be grounds for suspension or revocation of Licensee's Operating License not exceeding more than two (2) years. Sec. 34-206. Annual Fees. (a) The City Council shall adopt a schedule of fees applicable to this Article which shall be on file in City Secretary's Office. (b) Each Licensee shall pay the annual fees as approved by City Council on or before January 1st of each calendar year. If the fees have not been received within ten (10) business days after January 1 st, a late fee shall apply. If the annual fee and late fee are not paid within five (5) business days after the assessment of the late fee, the Ground Transportation Coordinator shall recommend suspension of the Operating License to the City Manager. Sec. 34-207. Annual Report and Additional Information Required. (a) No later than January 31 of each calendar year, each Licensee who operates a taxicab Vehicle for Hire service 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. All other Licensees who operate a Vehicle for Hire service shall, upon request, file with the Ground Transportation Coordinator, an annual report showing the average number of Vehicles for Hire operated daily during the previous 12 months. (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 Licensee, average calls per day dispatched and available Vehicles for Hire not operated, number of damage or injury claims filed against the Licensee, number of claims settled by the Licensee, and number of lawsuits pending against the Licensee arising out of the Vehicle for Hire operations under the Licensee's Operating License. Sec. 34-208. Insurance. (a) As a condition to the issuance of an Operating License and the continued operation, a Licensee shall maintain in force, twenty-four hours, seven days a week, during the authorized period of its Operating License the amount and character of insurance coverage for Vehicles for Hire as established by the City Council. The Operating License will not be issued, renewed or continued unless the applicant or Licensee provides the City, through the Ground Transportation Coordinator, with proof of such insurance as considered necessary to determine whether the applicant or Licensee is adequately insured under this section. (b) The minimum insurance required under this section must: Ordinance No.21389-08-2014 Page 13 of 57 (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 Licensee's fleet, and all drivers of such vehicles; (4) Be acceptable to the City's risk management division of the financial management services department; (5) Name the City of Fort Worth as an additional primary insured; (6) Provide minimum coverage in an amount no less than five hundred thousand dollars ($500,000.00) combined single limit liability (CSL) per occurrence; (7) Provide that all claims will be paid on a first dollar basis by the insurance provider; (8) Not be obtained from an assigned risk pool; (9) Not contain policy exclusions that would change or limit coverage for passengers entering or exiting the vehicle; and (10) Provide that all vehicles, whether owned or not owned by the Licensee, and that are permitted to operate under the Operating License, are listed as scheduled vehicles covered under the policy. (c) All liability insurance coverage must include a rider that provides that at all levels of coverage there must be notification to the City in writing not less than thirty (30) days before canceling or making a material change in the policy. (d) The Licensee shall not have operational control in any insurance company providing coverage to the vehicles operated under the Operating License. (e) If a Licensee's insurance lapses or is canceled and new insurance is not obtained, the Ground Transportation Coordinator shall recommend suspension of the License to the City Manager until the Licensee provides evidence that insurance coverage required by this section has been obtained. A reinstatement fee must be paid before the license can be reinstated. (f) The City Council, in its discretion, may from time to time require insurance coverage of a different kind or a greater amount and the Licensee shall be required to modify its insurance coverage to comply with these requirements, and furnish to the Ground Transportation Coordinator a binder of insurance as evidence that it has acquired such type and amounts of insurance within ten (10) days of the City Council's action. The Licensee shall provide a copy of the policy with all endorsements within forty-five (45) days of demand from the Ground Transportation Coordinator. Sec. 34-209. Written Policies of Licensee. Ordinance No.21389-08-2014 Page 14 of 57 (a) The Licensee shall establish a written policy and take action to discourage, prevent and correct violations of this Article by Drivers who operate Vehicles for Hire under the Licensee's Operating License. (b) A Licensee shall not allow a Driver to operate a Vehicle for Hire if the Licensee knows or has reasonable cause to suspect that the Driver has failed to comply with this Article, the rules and regulations established by the City Council or other applicable law. (c) Any violation of this section shall be grounds for suspension or revocation of Licensee's Operating License not exceeding more than two (2) years. See. 34-210. Vehicle for Hire decals. Each Vehicle for Hire shall display a decal issued by the City that indicates the vehicle has authority to operate in the City. The decal must be attached to the Vehicle for Hire in a manner and location approved by the Ground Transportation Coordinator. Each Licensee must have decals for not less than eighty-five (85)percent of its authorized number of Vehicles for Hire at all times. See. 34-211. Requests to Increase or Reduce Number of Vehicles for Hire. (a) The Licensee shall be authorized to operate only the number and type of Vehicles for Hire specified in the Operating License. The Licensee may request to increase or decrease his fleet within the Approved Adjustment one time a year. (1) A Licensee with an Operating License for taxicabs or shuttle service shall be allowed to increase or decrease his fleet within ten percent (10%) of the number of authorized vehicles as specified in the Operating License one time during the one- year term of the Operating License. (2) A Licensee with an Operating License for a Limousine service shall be allowed to increase or decrease his fleet by up to five (5) vehicles one time during the one-year term of the Operating License. (3) A Licensee with an Operating License for a Horse-drawn carriage shall be allowed an increase or decrease of up to two (2) carriages one time during the one-year term of the Operating License. (4) A Licensee with an Operating License for a Pedicab shall be allowed an increase or decrease of up to two (2) pedicabs one time during the one-year term of the Operating License. (5) A Licensee with an Operating License for a Group Cycle shall be allowed an increase or decrease of one (1) group cycle one time during the one-year term of the Operating License. (b) If the Licensee desires an increase or decrease outside the Approved Adjustment, the Ordinance No.21389-08-2014 Page 15 of 57 Licensee shall notify the Ground Transportation Coordinator, who shall determine whether or not such increase or decrease is authorized based on the factors below: (1) If the request is for taxicab services, the Licensee shall submit a written request, together with any written documentation to substantiate the reasons for an increase or decrease in the number of vehicles in his fleet to the ground transportation office for review by the Board indicating the reasons for additional or less vehicles. Any additional vehicles shall meet the alternative fuel requirements as defined in Section 34-201 of this Article. The Board shall hold a public hearing on the request. If the Board recommends approval, the Board shall submit its recommendation for approval to the City Council. (2) If the request is for a limousine, shuttle, non-emergency medical contract transport, group cycle, horse-drawn carriage, or pedicab service, the Licensee shall submit a written request together with any written documentation to substantiate the reasons for an increase or decrease in the number of vehicles in its fleet to the Ground Transportation Coordinator indicating the reasons for additional or less vehicles. If the Ground Transportation Coordinator recommends approval, the Ground Transportation Coordinator shall submit his recommendation for approval to the City Council. (3) If the Board or the Ground Transportation Coordinator denies a Licensee's request to increase or decrease its fleet, that decision is final unless the Licensee appeals within ten (10) business days after the final decision in accordance with Section 34- 203 of this Article. (4) If the City Council adopts the findings of the Board or the Ground Coordinator Transportation Coordinator, or if appealed, the Hearing Officer, the License's Operating License shall be amended to reduce or add to its fleet the designated number of Vehicles for Hire as set by the City Council. After the decision of the City Council, the Licensee may operate only the number of vehicles for hire specified by the City Council. The decision of the City Council is final. (c) Upon reduction of the number of authorized vehicles, the Licensee shall return all decals for Vehicles for Hire which will no longer be in service to the Ground Transportation Coordinator within three (3) days of the decision of the Ground Transportation Coordinator, the Board, the Hearing Officer or the City Council. Sec. 34-212. Complaints. (a) A Licensee shall respond directly to the customer for all complaints received regarding ground transportation service within Fort Worth within ten (10) business days from receipt of the complaint. The Licensee shall further advise the Ground Transportation Coordinator of any and all action taken in response to the complaint within ten(10) business days. Ordinance No.21389-08-2014 Page 16 of 57 (b) Any violation of this section shall be grounds for suspension or revocation of Licensee's Operating License not exceeding more than two (2) years. Sec. 34-213. Enforcement. (a) The Ground Transportation Coordinator is primarily responsible for the enforcement of this Article. (b) The Director, or his or her designee, or the Ground Transportation Coordinator shall investigate complaints and is authorized to issue warnings and citations to permitted Drivers and/or companies violating this Article. (c) The Fort Worth Police Department and Fort Worth Marshal's Office shall also have the authority to enforce this Article. Sec. 34-214. Violations and Penalties. (a) A violation of any provision of this Article is a Class C misdemeanor. (b) Any person, firm, corporation, agent or employee thereof who violates any provision of this Article shall, upon conviction, be fined an amount not to exceed five hundred dollars ($500.00). (c) In addition to sections (a) and (b) above, a violation of any provision of this Article may result in the revocation of the Operating License. DIVISION 2. TAXICABS Sec. 34-215. Scope of Division 2. Licensees with an Operating License for taxicab service shall be governed by the provisions of this division in addition to all of the applicable provisions of Division 1 of this Article. Sec. 34-216. Application. (a) Any person desiring to operate a taxicab service in the City shall submit an application for an Operating License on a form provided by the Ground Transportation Coordinator. The applicant must be the person who will own, control, or operate the proposed Vehicle for Hire service. No application shall be considered unless it meets the requirements of this Section. Each application must contain the following: (1) The name, age and address of the applicant, if a natural person, or, if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers, directors and persons with an economic interest, together with their respective addresses, as well as a certified copy of the articles of Ordinance No.21389-08-2014 Page 17 of 57 incorporation, the trade name, if any, under which the applicant proposes to operate and the address of the place or places of business from which the applicant proposes to operate. (2) A description of each vehicle the applicant proposes to use in providing taxicab service, including, but not limited to, each vehicle's year, make, model, type, seating capacity, condition of each Vehicle for Hire proposed to be operated, the design and color scheme of each taxicab and the lettering and marks to be used. (3) The number of licensed taxicabs requested, which shall not be less than the minimum number of vehicles as required by this Article. This number should include the approved adjustment as set forth in this Chapter to allow for reduction or increase in the number of authorized vehicles. (4) A full and complete statement of all the applicant's assets and liabilities. (5) A full list of any unpaid judgments of record against applicant, which list shall include the name and address of the owner of the judgment and amount of the judgment; and, if the applicant is a corporation, a full list of any unpaid judgments against any of the officers and directors, which list shall include the name and address of the owner of the judgment and the amount of the judgment. (6) The make and model type of meter to be installed on each taxicab if required, for which application for the Operating License is made. (7) A full list of any and all liens, mortgages and other encumbrances on the taxicabs and other equipment to be used in providing service, which list shall include the amount secured by a lien, mortgage or other encumbrance, the amount due, the character of such lien, mortgage or other encumbrance and the name and address of the Licensee 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. If the applicant is a corporation or other business entity, a list of all convictions of all officers, members and directors of the corporation or entity and persons with an economic interest in the Operating License 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, including, but not be limited to, the communication system, frequencies, dispatch staffing and procedures, vehicle maintenance, driver training, safety program and procedures for handling customer complaints or lost items. (10) Operational information demonstrating applicant's record in providing satisfactory passenger service including: i. The proposed number of vehicles for dispatch service; ii. Records indicating customer wait times and on-time performance for customers making advance reservations for geographic areas of the City; iii. Overall trip volume of taxicabs operating in Fort Worth, with such records being subject to independent review; iv. Geographic distribution of trips in the City, and for companies not currently authorized in Fort Worth, the geographic distribution of trips in the region; V. Information indicating potential effectiveness and marketing plan for the period of time covered by the License; and Ordinance No.21389-08-2014 Page 18 of 57 vi. Applicant's or Licensee's process for compiling and maintaining a log of performance, events, trips, and dispatches. (11) A full and complete statement of the experience, if any, the applicant has had in rendering such services in the City or elsewhere; and, if the applicant is a corporation or other business entity, a full and complete statement of the experience the officers, members and directors have had in rendering such service in the City or elsewhere. The statement must list all previous denials, revocations or forfeitures of permits or other Operating Licenses for such services, the dates, locations and reasons. (12) Any such other and additional information related to the request for an Operating License as may be required by the Board or the City Council. (b) The application must request authority for a minimum number of fifty (50) operational taxicabs including the approved adjustment to allow for reduction or increase in the number of authorized vehicles, before it will be accepted for review and consideration. (c) A nonrefundable application fee must accompany the application. Upon request by the City, the applicant shall furnish to the City additional copies of its application as the City may require. Sec. 34-217. Hearing on Application; Factors to be Considered Prior to Issuance. (a) Upon receipt of a completed application for issuance of an Operating License the Ground Transportation Coordinator shall promptly: (1) Notify the Board of the receipt of the completed application; and (2) Notify, in writing, all current Licensees with Operating Licenses that requested to be notified of pending applications. (b) The Board shall set the time and place for the public hearing on the application. (c) The Board shall review the application and all relevant documents and materials as provided by the Ground Transportation Coordinator, and shall take evidence from the applicant and any other interested parties who request to address the Board at a public hearing in its consideration of each application. The Board may set reasonable time limits and procedures for such hearings. (d) In determining whether or not to recommend an Operating License, the Board shall consider the following: (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 Ordinance No.21389-08-2014 Page 19 of 57 respond to claims or judgments arising by reason of business operations, injury to persons or damage to property resulting from operation of a taxicab service; (3) The character and condition of the vehicles for hire to be used; (4) If the applicant is a corporation, the qualification of the officers, directors and persons with an economic interest making such application, and each of the above enumerated items as applied to each of the stockholders, officers and directors; (5) The character and past record of the applicant and, if the applicant is a corporation or other business entity, the character and past record of its officers, directors, members and stockholders; (6) Such information as presented indicating the ability to provide service; and (7) Whether the applicant has been convicted of any violations of this Article. (e) Within thirty (30) days after the public hearing, the Board shall issue written findings stating the reasons for approval or denial of the application for an Operating License. (f) If the Board approves the application, the findings of the Board and the application shall be forwarded to the City Council with a recommendation to adopt the findings of the Board and issue the Operating License. (g) If the Board denies the application, the Board's written findings stating the reason(s) for denial must be submitted to the applicant and notify the applicant of the right to appeal the decision in accordance with Section 34-203 of this Article. The decision of the Board is final unless the applicant timely appeals. (h) The decision of the Board shall be deemed issued on the date the decision is mailed to the applicant via first class certified mail,return receipt requested. (i) An applicant whose application for Operating License has been denied in accordance with this Article may not reapply for an Operating License before the expiration of one-hundred eighty (180) days from the date of denial, or in the case of an appeal, the date an order is issued by the Hearing Officer affirming the decision of denial by the Board or the Coordinator, or the date of denial by the City Council. Sec. 34-218. Renewal of Operators License. (a) A Licensee shall apply for renewal at least thirty (30) days prior to the expiration of its Operating License. The Board shall review all applications for renewal and all relevant documents and materials as provided by the Ground Transportation Coordinator, and shall take evidence from the applicant and any other interested parties who request to address the Board at a public hearing. The Board may set reasonable time limits and procedures for such hearings. (b) The Board shall issue written findings as to whether the Licensee has performed satisfactorily under the terms of the Operating License and this Article. (c) If the Board approves the renewal application, the Board's findings and recommendations Ordinance No.21389-08-2014 Page 20 of 57 shall be forwarded to the City Council for approval. (d) If the Board denies the application, the Board's written findings stating the reason(s) for denial must be submitted to the applicant and notify the applicant of the right to appeal the decision in accordance with Section 34-203 of this Article. The decision of the Board is final unless the applicant timely appeals. Sec. 34-219. Taxicab Stands. (a) Vehicles operated under the terms of this Article shall be authorized to stand at certain designated places upon the streets of the City. Additional locations may be requested by the Licensee and issued at the discretion of the Ground Transportation Coordinator who shall consult the City's Traffic Engineer. All stands are subject to the control of the Ground Transportation Coordinator. Each stand shall be marked and properly designated under the supervision of the Ground Transportation Coordinator in conjunction with the Traffic Engineer. (b) The Licensee shall require the Driver to remain within twenty-five (25) feet of his or her taxicab while occupying the stand. No such stand shall ever be used so as to interfere with proper ingress and egress to abutting property. Once engaged by a passenger, the Driver may provide assistance to the passenger as may be required. (c) The Ground Transportation Coordinator or Traffic Engineer may establish temporary taxicab stands for special events and functions. Sec. 34-220. Additional Requirements for the Operation of a Taxicab. (a) A Driver shall not obstruct the view of a taximeter while operating a vehicle or while engaged with passengers. (b) A Driver shall not operate a taxicab for more than twelve (12) hours within a twenty-four (24)hour period. (c) In addition to the requirements set forth in this Article, a Driver shall also prominently display a photo taken within the previous six (6) months. Such photo shall be a color picture no smaller than two (2) inches by two (2) inches with the driver's name, company name, and identification number located on the rate sheet. Such photo shall be displayed inside the vehicle on the front dashboard of the taxicab. Sec. 34-221. Inspection of Taxicabs. (a) No taxicab shall be driven or operated in the City unless it conforms to the minimum safety standards and has a valid decal issued by the City. (b) The Ground Transportation Coordinator shall visually inspect, or cause to have inspected, each taxicab two (2)times per year. If the taxicab passes such inspection,the Licensee shall Ordinance No.21389-08-2014 Page 21 of 57 pay the decal fee and the Ground Transportation Coordinator shall issue a decal to be displayed on the right side of the front windshield of the vehicle. A person commits an offense if he operates a taxicab in the City without obtaining a taxicab decal from the Ground Transportation Coordinator. (c) If the Ground Transportation Coordinator determines that inspection of the mechanical condition or safety equipment of a Vehicle for Hire by a certified mechanic or technician is necessary, the Licensee or Driver shall pay the cost of the inspection and provide written documentation that the vehicle meets the minimum safety and emission standards adopted by Dallas/Fort Worth International Airport. (d) Licensees shall conduct periodic inspections of taxicabs, but not less than monthly, to ensure compliance of all minimum requirements. (e) Any designated member of the Fort Worth Police Department, the City Marshal's office, the Director, or his or her designated representative, or the Coordinator may conduct inspections of the driver and taxicab to ensure compliance with this Article. (f) It shall be grounds for suspension or revocation of a Driver's Permit or an Operating License if the taxicab is not available for inspection upon request. (g) The fee for each inspection of each vehicle operated under an Operating License shall be established in accordance with the Schedule of Fees. (h) The Ground Transportation Coordinator may order a regulated vehicle removed from service any time the regulated vehicle fails to meet the minimum safety and/or mechanical requirements, standards for appearance, condition, age or equipment. (i) If a taxicab is involved in an accident or collision during the term of the Operating License, the Licensee shall notify the Ground Transportation Coordinator's office within five (5) days after the accident or collision. Before operating the taxicab again under the Operating License, a Licensee shall have the vehicle re-inspected for safety by the Ground Transportation Coordinator's office to ensure compliance with the safety requirements of this Article and any other applicable rules and regulations. Sec. 34-222. Age Limits of Taxicabs; Other Vehicle Requirements. (a) No taxicab may be over five (5) years old as calculated from the first day of January of the model year of the vehicle. No vehicle more than four (4) years old, as calculated above, may be added to the fleet. As vehicles in operation become older than this provision, they shall be removed from the fleet. (b) No taxicab may be salvaged or rebuilt; "blue titled" vehicles shall not be permitted to be operated as taxicabs. (c) Only vehicles designated "large" by the American Automobile Association shall be Ordinance No.21389-08-2014 Page 22 of 57 permitted to operate as taxicabs. Vehicles in operation as taxicabs as of the date of the adoption of this ordinance may continue to operate until such vehicle exceeds the age requirement established herein. (d) No taxicab that can be classified as an alternative fuel vehicle may be over seven (7) years old as calculated from the first day of January of the model year of the vehicle. If the vehicle will be utilized pursuant to this Article, documentation of such status shall be submitted to the Ground Transportation Coordinator upon inspection of the vehicle. Sec. 34-223. Display of Name of Licensee. Each taxicab shall bear on the outside of the rear door, or front door, in letters not less than two and one-half(2 1/2) inches in height and not less than five-sixteenths (5/16) inch stroke, the name of the Licensee or the registered assumed name of the taxicab service of such Licensee, together with the telephone number of the service, the number of the taxicabs and rate information. Sec. 34-224. Commercial Advertising on Taxicab. Commercial advertising devices may be placed on, upon or in any taxicab provided they are securely fastened to the vehicle, do not interfere with Driver or passenger safety, and do not obscure lights, logos, telephone numbers, cab numbers or top lights. Sec. 34-225. City-wide Taxicab Service Required. (a) Each Licensee is required to provide city-wide taxicab service. The Licensee'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 Licensee and taxicab Driver shall: (1) Provide taxicab service to the general public; and (2) Answer each call received for service inside the City as soon as practicable, and, if the service cannot be rendered within a reasonable time, the Licensee, his agent or employee, shall inform the caller of the reason for the delay and the approximate time required to answer the call. (c) The Licensee shall maintain a terminal that is operational twenty-four (24) hours each day and registered with the City for the purpose of receiving calls and dispatching taxicabs, and shall make available at least eighty-five percent (85%) of the Licensee's operational fleet to and from any point inside of the City that is accessible by public street. (d) All Licensees and taxicab Drivers shall accept calls from all parts of the City within a reasonable time and attempt to locate and transport the passenger requesting service. Delays due to weather, vehicle breakdown, natural disasters and other occurrences out of the control of the Licensee or the Driver shall not be considered failure to provide City- wide service. This section shall not require the Licensee or Driver to place him or herself in Ordinance No.21389-08-2014 Page 23 of 57 violation of other sections of this Article. Sec. 34-226. Use of Scanner Prohibited. (a) No Driver shall use, or permit to be used, a scanner or other electronic device to monitor communications of any Licensee other than the one the taxicab is being operated under. (b) A violation of this section is grounds for the revocation of the Driver's Permit. Sec. 34-227. Removal of Equipment. (a) If a vehicle is removed from service or is no longer authorized to operate as a taxicab, the Licensee or Driver shall remove all taxicab signs, markings and equipment that would distinguish the vehicle as a taxicab, including but not limited to radios, toplights, meters and decals from the vehicle. (b) A Licensee or Driver of a taxicab shall not sell or transfer to anyone any radio, toplight, meter or other equipment that would distinguish a vehicle as a taxicab, unless such equipment is transferred to another Licensee who is authorized to operate a Vehicle for Hire service pursuant to this Article. (c) Meters, radios,toplights and distinguishing markings must be and must remain the property of the Licensee, and must be returned to the Licensee when a taxicab is removed from service. Sec. 34-228. Rates; Posting. (a) The City Council shall set the maximum meter rate allowed to be charged by taxicab drivers. (b) While operating a taxicab in the Central Business District, a driver may charge a flat rate for a trip to DFW Airport, provided that such flat rate is not in excess of the maximum meter rate or in excess of the established flat rate by the City. (c) No Driver or Licensee shall demand an additional charge for luggage, bags, or parcels being carried by a passenger or passengers. (d) Each taxicab shall have a placard affixed at a location in plain view of any passenger setting out the maximum rates for taxicab service, as provided in the schedule of rates established by the City Council. The rates, along with the contact number for the City's Ground Transportation Coordinator, shall be conspicuous, clearly visible by and legible to any occupant of such taxicab. The Licensee shall provide the placard at time of initial inspection of each taxicab and shall provide updated placards any time rates are changed. (e) A violation of this section shall be grounds for suspension or revocation of the taxicab Driver's Permit. Ordinance No.21389-08-2014 Page 24 of 57 Sec. 34-229. Taximeters Required. It shall be unlawful for any Licensee or Driver of a taxicab to operate or allow, or cause to be operated, any Vehicle for Hire unless such vehicle is equipped with a taximeter approved by the City and calibrated for the computation of fares at rates approved by the City Council. It shall be the duty of every Licensee and 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. 34-230. Taximeters. (a) All taximeters shall be subject to inspection at any time by the Ground Transportation Coordinator. It shall be a violation of this Article for any person to delay, interfere with or refuse to permit such inspection. Any taximeter found not to conform to the standards and tolerances provided for in this Article shall not be approved and shall be ordered out of service by the Coordinator. The Coordinator shall make or cause to be made, at least every twelve (12) months, inspections of the taximeters to ensure 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 Licensee shall advise the Ground Transportation Coordinator who shall cause the taximeter to be re-inspected and sealed. Until the taximeter is re-inspected, the taxicab shall not be placed back into service. If the Ground Transportation Coordinator discovers a removed or broken taximeter seal during inspection, the taxicab shall not be placed back into service until the taximeter is re- inspected. After the seal is replaced or repaired, the Licensee shall have the vehicle re- inspected and pay a re-inspection fee. (b) A taximeter that has been inspected by the City of Fort Worth, the City of Dallas or the Dallas/Fort Worth International Airport complies with this section; however, the City of Fort Worth has the right to inspect the taximeter in taxicabs within the City at any time. (c) The standards for tolerances and accuracy and all other standards to be applied to taximeters shall be the same as the standards applied by the state of Texas and shall be the only legal standards of tolerances or accuracy to be applied to the taximeters within the City. Sec. 34-231. Payment of Fare and Notice to Passengers; 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 behaving in a threatening manner and/or using abusive, profane, or vulgar language; (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 Ordinance No.21389-08-2014 Page 25 of 57 (5) The Driver is in reasonable fear of his or her personal safety. (b) In addition to cash payment, a Driver shall accept all major credit cards and/or debit cards for payment at the time of fare. The Driver shall deliver to the person paying the fare at the time of such payment a legible receipt either electronically or mechanically produced or printed, or by a specially prepared receipt, containing the taxicab company name, taxicab number, Driver name, any items for which a charge is made, the total amount paid and the date of payment. (c) Each taxicab must have displayed at all times, a placard affixed to the rear passenger window that is conspicuous, clearly visible by and legible to any occupant of such taxicab. The placard must inform passengers (1) that the meter must be on at all times, even when flat rate applies; (2) that all taxicabs are equipped with credit card machines; (3) the contact number for the City's Ground Transportation Coordinator; (4) the cab number; (5) that if a Driver refuses to accept a valid credit/debit card, the passenger should contact the City's Ground Transportation Coordinator and report the cab #; and (6) to fasten your seatbelt, it's the law. (d) A Driver shall carry a passenger to his destination by the most direct route available, unless otherwise directed by the passenger. (e) It shall be unlawful for any passenger to refuse to pay the legal fare of any taxicab and it shall be unlawful for any person to hire a taxicab with the intent to defraud the Driver 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 suspension or revocation of the Driver's permit. Sec. 34-232. Cruising Permitted. (a) Taxicabs located at taxicab stands shall line up first come, first out; however, a passenger may choose a taxicab that is not the first taxicab in line and that cab may proceed forward and load. (b) Cruising is permitted. Secs. 34-233--239. Reserved. DIVISION 3. LIMOUSINES Sec. 34-240. Scope of Division 3. Licensees for Limousine Service shall be governed by the provisions of this division in addition to all of the applicable provisions of Division 1 of this Article. Ordinance No.21389-08-2014 Page 26 of 57 Sec. 34-241. Application. (a) Any person desiring to operate a Limousine in the City shall submit an application for an Operating License on a form provided by the Ground Transportation Coordinator. The applicant must be the person who will own, control, or operate the proposed Vehicle for Hire service. No application shall be considered unless it meets the requirements of this Section. Each application must contain the following: (1) The name, age and address of the applicant, if a natural person, or, if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers, directors and persons with an economic interest, together with their respective addresses, as well as a certified copy of the articles of incorporation, the trade name, if any, under which the applicant proposes to operate and the address of the place or places of business from which the applicant proposes to operate. (2) A description of each vehicle the applicant proposes to use in providing service, including, but not limited to, each vehicle's year, make, model, type, seating capacity, condition of each Vehicle for Hire proposed to be operated. (3) The number of vehicles for which authorization is being requested, which shall not be less than one (1) luxury truck, or stretch limousine or three (3) luxury sedans. This number should include the approved adjustment as set forth in this Article to allow for reduction or increase in the number of authorized vehicles. (4) A full and complete statement of all the applicant's assets and liabilities. (5) A full list of any unpaid judgments of record against applicant, which list shall include the name and address of the owner of the judgment and amount of the judgment; and, if the applicant is a corporation, a full list of any unpaid judgments against any of the officers and directors, which list shall include the name and address of the owner of the judgment and the amount of the judgment. (6) A full list of any and all liens, mortgages and other encumbrances on the Vehicles for Hire and other equipment to be used in providing service, which list shall include the amount secured by a lien, mortgage or other encumbrance, the amount due, the character of such lien, mortgage or other encumbrance and the name and address of the Licensee of such lien, mortgage or other encumbrance. (7) A list of all convictions of the applicant for violations of any and all federal, state or municipal laws. The applicant must not have been convicted twice within a two (2) year period for violations under this Article; if the applicant is a corporation or other business entity, a list of all convictions of all officers, members and directors of the corporation or entity and persons with an economic interest in the Operating License for violations of any federal, state or municipal laws. (8) Full information pertaining to the extent, quality and character of the service the applicant proposes to render. This shall include, but not be limited to the communication system, frequencies, dispatch staffing and procedures, vehicle maintenance, driver training, safety program and procedures for handling customer complaints or lost items. Ordinance No.21389-08-2014 Page 27 of 57 (b) A nonrefundable application fee must accompany the application. Upon request by the City, the applicant shall furnish to the City additional copies of its application. (c) The Ground Transportation Coordinator will review the application to ensure that it meets the requirements of this Article. If all conditions above are met, the Ground Transportation Coordinator shall forward written findings and the application to the City Council with a recommendation to adopt the findings of the Ground Transportation Coordinator and issue the Operating License. (d) If the Ground Transportation Coordinator denies the application, the Coordinator's written findings stating the reason(s) for denial must be submitted to the applicant and notify the applicant of the right to appeal the decision in accordance with Section 34-203 of this Article. The decision of the Coordinator is final unless the applicant timely appeals. (e) An applicant whose application for Operating License has been denied in accordance with this Article may not reapply for an Operating License before the expiration of one-hundred eighty (180) days from the date of denial, or in the case of an appeal, the date an order is issued by the Hearing Officer affirming the decision of denial by the Coordinator, or the date of denial by the City Council. Sec. 34-242. Renewal of Operating License. (a) A Licensee shall apply for renewal at least thirty (30) days prior to the expiration of its Operating License. The Ground Transportation Coordinator shall review all applications for renewal and all relevant documents and materials. (b) The Ground Transportation Coordinator shall issue written findings as to whether the Licensee has performed satisfactorily under the terms of the Operating License and this Article. (c) If the Ground Transportation Coordinator finds that the Licensee has performed satisfactorily, and is not otherwise in violation of any provision under this Article, the Coordinator shall be authorized to issue a renewal Operating License without further City Council approval. (d) If the Ground Transportation Coordinator denies the renewal application, his written findings stating the reason(s) for denial must be submitted to the applicant and notify the applicant of the right to appeal the decision in accordance with Section 34-203 of this Article. The decision of the Ground Transportation Coordinator is final unless the applicant timely appeals. Sec. 34-243. Rates; Posting. (a) A Driver/Licensee shall not charge a fare for operating a limousine that is inconsistent with the rates authorized in the Operating License. Ordinance No.21389-08-2014 Page 28 of 57 (b) A Licensee desiring to change the authorized rates of fare must notify the Ground Transportation Coordinator in writing and pay a change of rate fee. (c) The Driver shall give the person paying a fare a ticket or receipt that indicates the date, name, address, and telephone number of the limousine company and the amount of the fare. (d) The use of any type of meter or measuring device to calculate a fare for limousine service is prohibited. Sec. 34-244. Nonpayment of Fare; Excess Fare Prohibited. (a) It shall be unlawful for any passenger to refuse to pay the legal fare of any limousine after hire, and it shall be unlawful for any person to hire a limousine with the intent to defraud the operator of the limousine of the fare for such service. Failure to pay the legal fare shall be presumptive of intent to defraud. (b) It shall be unlawful for a limousine operator to charge a rate that is in excess of the rate specified in the Operating License. Sec. 34-245. Service on Pre-arranged Basis; Trip Manifests. (a) Each Driver/Licensee providing limousine service on a pre-arranged basis shall provide its drivers with the following printed or electronic information to be used in maintaining a trip manifest; (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 needed to assure compliance with this Article. (b) A driver furnishing limousine service pursuant to subsection (a) above shall show the documentation to the Ground Transportation Coordinator, the Director, or his or her designee, or peace officer upon request. (c) A Driver furnishing limousine service shall not accept any passenger except a passenger for whom service has been pre-arranged and documented in accordance with this section. (d) A Driver furnishing limousine service on a pre-arranged basis shall not arrive at a location to pick up a passenger with whom pre-arrangement has been made more than ten (10) minutes before the designated pickup time. (e) Upon demand from a Fort Worth Police Officer, City Marshal, or the Coordinator, a Driver shall provide a Driver's Permit to ensure compliance with this section. A citation may be issued for any violation of this section. Ordinance No.21389-08-2014 Page 29 of 57 Sec. 34-246. Alcohol in a Limousine. (a) A Driver/Licensee commits an offense if he provides an alcoholic beverage to a passenger for a fee or as part of the limousine service. (b) A Driver/Licensee 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 Licensee 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. 34-247. Inspection of Limousines. (a) No limousine shall be driven or operated upon the streets of the City unless it conforms to the required minimum safety standards and has a valid inspection decal issued by the City. (b) If the Ground Transportation Coordinator determines that inspection of the mechanical condition or safety equipment of a vehicle by a certified mechanic or technician is necessary, the Licensee or Driver shall pay the cost of the inspection and provide written documentation that the vehicle meets the minimum safety and emission standards adopted by Dallas/Fort Worth International Airport. (c) The Ground Transportation Coordinator, shall visually inspect, or cause to have inspected, each limousine annually. If the limousine passes such inspection, and upon payment of the decal fee, the Ground Transportation Coordinator shall issue a decal to be displayed on the right side of the front windshield of the vehicle (d) If the operation of any limousine is found not to comply with the requirements of this Article, the Ground Transportation Coordinator, the Director or his or her designee, or any peace officer may direct that vehicle to be taken out of service until there is installation of the required safety-related items, or be given a specific time for the non-safety items to be corrected and presented for re-inspection. (e) Limousine operators, owners and Licensees shall conduct periodic inspections of limousines, but not less than monthly, to ensure compliance with all minimum requirements. (f) Any designated member of the Fort Worth Police Department or City Marshal's Office, the Director, or his or her designated representative, or the Coordinator may conduct inspections of the Driver and limousine to ensure compliance with this Article. (g) It shall be grounds for suspension or revocation of a limousine driver's permit or a Licensee's Operating License if he or she fails to make a limousine available for inspection. Ordinance No.21389-08-2014 Page 30 of 57 (h) The Ground Transportation Coordinator may cause a decal to be removed from a limousine that fails to meet the minimum standards for appearance, condition, age or equipment. (i) If a limousine is involved in an accident or collision during the term of the Operating License, the Licensee shall notify the Ground Transportation Coordinator's office within five (5) days after the accident or collision. Before operating the limousine again under the Operating License, a Licensee shall have the vehicle re-inspected by the Ground Transportation Coordinator's office to ensure compliance with the safety requirements of this Article and any other applicable rules and regulations. (j) A person commits an offense if the person operates a limousine service in the City without obtaining a limousine decal from the Ground Transportation Coordinator. Sec. 34-248. Age Limits of Limousines; Other Vehicle Requirements. (a) No sedan may be over five (5) years old as calculated from the first day of January of the model year of the vehicle. (b) No vehicle more than four (4) years old, as calculated above, may be added to the fleet. As vehicles in operation become older than this provision, they shall be removed from the fleet. (c) No limousine may be salvaged or rebuilt; "blue titled" vehicles shall not be permitted to be operated as limousines. (d) Subsections (a) and (b) of this section do not apply to Stretch Limousines, Luxury Trucks or Specialty Limousines. Other vehicles for which the Licensee desires to operate under his Operating License must be approved by the Ground Transportation Coordinator. Sec. 34-249. City-wide Limousine Service Required. (a) Each Licensee with an Operating License is required to provide City-wide limousine service. The Licensee'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 Licensee and Driver shall provide limousine service to the general public to and from any point inside the City that is accessible by public street. Sec. 34-250. Blocking Entrances of Sidewalk or Building. The limousine Driver shall not obstruct entrances or passageways of any sidewalk or building. Once engaged by his or her pre-arranged passenger, a limousine Driver may provide assistance to his or her passenger. Ordinance No.21389-08-2014 Page 31 of 57 Secs. 34-251--34-259. Reserved. DIVISION 4. SHUTTLE SERVICE OR NON-EMERGENCY MEDICAL CONTRACT TRANSPORT VEHICLE Sec. 34-260. Scope of Division 4. Licensees for a shuttle service or non-emergency medical contract transport vehicles shall be governed by the provisions of this division in addition to all of the applicable provisions of Division 1 of this Article. Sec. 34-261. Application. (a) Any person desiring to operate a shuttle service or non-emergency medical contract transport vehicle in the City shall submit an application for an Operating License on a form provided by the Ground Transportation Coordinator. The applicant must be the person who will own, control, or operate the proposed Vehicle for Hire service. No application shall be considered unless it meets the requirements of this Section. Each application must contain the following: (1) The name, age and address of the applicant, if a natural person, or, if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers, directors and persons with an economic interest, together with their respective addresses, as well as a certified copy of the articles of incorporation, the trade name, if any, under which the applicant proposes to operate and the address of the place or places of business from which the applicant proposes to operate. (2) A description of each vehicle the applicant proposes to use in providing service, including, but not limited to, each vehicle's year, make, model, type, seating capacity, condition of each Vehicle for Hire proposed to be operated. (3) The number of vehicles for which authorization is being requested. The request must be for a minimum number of one (1) operational non-emergency medical contract transport vehicle or three (3) operational shuttle vehicles, including the approved adjustment to allow for reduction or increase in the number of authorized vehicles, before the application will be accepted for review and consideration. (4) A full and complete statement of all the applicant's assets and liabilities. (5) A full list of any unpaid judgments of record against applicant, which list shall include the name and address of the owner of the judgment and amount of the judgment; and, if the applicant is a corporation, a full list of any unpaid judgments against any of the officers and directors, which list shall include the name and address of the owner of the judgment and the amount of the judgment. (6) A full list of any and all liens, mortgages and other encumbrances on the vehicles for hire and other equipment to be used in providing service, which list shall include the amount secured by a lien, mortgage or other encumbrance, the amount due, the character of such lien, mortgage or other encumbrance and the name and address of the Licensee of such lien, mortgage or other encumbrance. Ordinance No.21389-08-2014 Page 32 of 57 (7) A list of all convictions of the applicant for violations of any and all federal, state or municipal laws. The applicant must not have been convicted twice within a two (2) year period for violations of this Article; if the applicant is a corporation or other business entity, a list of all convictions of all officers, members and directors of the corporation or entity and persons with an economic interest in the Operating License for violations of any federal, state or municipal laws. (8) Full information pertaining to the extent, quality and character of the service the applicant proposes to render. This shall include, but not be limited to the communication system, frequencies, dispatch staffing and procedures, vehicle maintenance, driver training, safety program and procedures for handling customer complaints or lost items. (b) A nonrefundable application fee must accompany the application. Upon request by the City, the applicant shall furnish to the City additional copies of its application as the City may require. (c) The Ground Transportation Coordinator will review the application to ensure that it meets the requirements of this Article. If all conditions above are met, the Ground Transportation Coordinator shall forward written findings and the application to the City Council with a recommendation to adopt the findings of the Ground Transportation Coordinator and issue the Operating License. (d) If the Ground Transportation Coordinator denies the application, the Coordinator's written findings stating the reason(s) for denial must be submitted to the applicant and notify the applicant of the right to appeal the decision in accordance with Section 34-203 of this Article. The decision of the Coordinator is final unless the applicant timely appeals. (e) An applicant whose application for Operating License has been denied in accordance with this Article may not reapply for an Operating License before the expiration of one-hundred eighty (180) days from the date of denial, or in the case of an appeal, the date an order is issued by the Hearing Officer affirming the decision of denial by the Coordinator, or the date of denial by the City Council. Sec. 34-262. Renewal of Operating License. (a) A Licensee shall apply for renewal at least thirty (30) days prior to the expiration of its Operating License. The Ground Transportation Coordinator shall review all applications for renewal and all relevant documents and materials. (b) The Coordinator shall issue written findings as to whether the Licensee has performed satisfactorily under the terms of the Operating License and this Article. (c) If the Ground Transportation Coordinator finds that the Licensee has performed satisfactorily, and is not otherwise in violation of any provision under this Article, the Coordinator shall be authorized to issue a renewal Operating License without further City Council approval. Ordinance No. 21389-08-2014 Page 33 of 57 (d) If the Ground Transportation Coordinator denies the application, his written findings stating the reason(s) for denial must be submitted to the applicant and notify the applicant of the right to appeal the decision in accordance with Section 34-203 of this Article. The decision of the Ground Transportation Coordinator is final unless the applicant timely appeals. Sec. 34-263. Vehicle Age Limit. A Licensee, owner, or driver commits an offense if he operates any Vehicle for Hire under a Shuttle Service or Non-Emergency Medical Contract Transport Vehicle Operating License that is older than seven (7) years as calculated from the first day of January of the model year of the vehicle. If a vehicle in operation is older than this provision allows, the vehicle shall be removed from service under the Operating License. Sec. 34-264. Service Area. (a) The Licensee shall provide the Ground Transportation Coordinator with a description of the service to be offered that includes a map of the entire service area, divided in sectors and schedules, which such map shall be subject to approval by the Ground Transportation Coordinator. (b) The Licensee shall maintain a level of service to the entire service area by electronic communication or dispatching vehicles to any sector or schedule areas upon passenger request. (c) The Licensee shall be required to maintain service to all sectors listed in the Operating License three hundred sixty-five (365) days a year. (d) A Driver shall not operate a shuttle or non-emergency medical contract transport vehicle for more than twelve (12) hours within a twenty-four (24) hour period. (e) The Licensee and Driver shall follow the scheduled route on time, whether or not the vehicle is filled to capacity. The Driver must serve each approved sector within a reasonable time. ( Any violation of this section may be grounds for suspension or revocation of the Driver's Permit or the Operating License. Sec. 34-265. Service on Pre-arranged Basis; Trip Manifests. A. Shuttle Service. (a) Each Driver/Licensee providing shuttle service on a pre-arranged basis shall provide its drivers with the following printed or electronic information to be used in maintaining a trip manifest: Ordinance No. 21389-08-2014 Page 34 of 57 (1) Time, place, origin, and destination of each trip; (2) The names and addresses of the passengers; and (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 shuttle service on a pre-arranged basis pursuant to subsection (a) above shall provide the documentation upon request to the Ground Transportation Coordinator, the Director or his or her designee, or a peace officer. (c) A Driver furnishing shuttle service on a pre-arranged basis shall not accept any passenger except a passenger for whom service has been pre-arranged and documented in accordance with this section. (d) A Driver furnishing shuttle service on a pre-arranged basis shall not arrive at a location to pick up a passenger with whom pre-arrangement has been made more than ten (10) minutes before the designated pickup time. (e) Any violation of this section may be grounds for suspension or revocation of the shuttle driver's permit or the Licensee's Operating License. B. Non-emergency Medical Contract Transport Vehicle. (a) A Driver providing non-emergency medical contract transport vehicle service must travel between a patient's home and provider's facilities only. (b) A Driver must prominently display a medical transport sign in the front windshield of the vehicle and shall not accept or discharge passengers at any place between the patient's home and the contracting facility. (c) A trip report for each transport shall record the time, place and origin, name of passengers and final destination. (d) Each Licensee shall retain and preserve all daily trip records for no less than three (3) years. Such records shall be available upon request by the Ground Transportation Coordinator during normal business hours. Sec. 34-266. Rates; Posting. (a) A Driver or Licensee shall not charge a fare for operating a shuttle service or medical vehicle that is inconsistent with the rates authorized in the Operating License. (b) A Licensee 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. Ordinance No.21389-08-2014 Page 35 of 57 (c) The rates listed in the Licensee's Operating License must be strictly adhered to, and no change in rates may be implemented without review and approval of the Ground Transportation Coordinator. (d) The Licensee shall provide each Driver with rates of fares, which rates shall be located inside the shuttle or medical vehicle and be available to passengers upon request. (e) The Driver or Licensee shall give the person paying a fare a ticket or receipt that indicates the date, name, address, and number of the shuttle service or medical vehicle service and the amount of the fare. (f) The use of any type of meter or measuring device to calculate the fare is prohibited. Sec. 34-267. Shuttle or Non-Emergency Medical Contract Transport Vehicle Inspections. (a) Each Licensee's Operating License shall require each shuttle or medical vehicle to obtain a decal from the Ground Transportation Coordinator's office that indicates that the shuttle service or medical vehicle has authority to operate in the City and that it has been inspected. (b) The Ground Transportation Coordinator, the Director, or his or her designee shall make, at least every six (6) months or one (1) time annually, visual safety inspections of shuttles or medical vehicles to ensure their compliance with this Article. The Ground Transportation Coordinator's office shall maintain a record of each inspection and shall provide the Licensee a copy. Once a shuttle or medical vehicle is inspected and found to be in compliance with this Article, the Ground Transportation Coordinator shall issue a decal to be displayed on the right side of the front windshield of the vehicle. (c) All shuttle or medical vehicles shall be subject to inspection at any time by any designated member of the Fort Worth Police Department, City Marshal's office, the Director or his or her designee, or the Coordinator to ensure compliance with this Article. It shall be a violation of this Article for any person to delay, interfere with or refuse to submit to such inspection. Any shuttle or medical vehicles found not to conform to the standards and tolerances provided for in this Article shall not be approved by the Ground Transportation Coordinator and shall be ordered out of service. (d) If the Coordinator determines that inspection of the mechanical condition or safety equipment of a vehicle by a certified mechanic or technician is necessary, the Licensee or Driver shall pay the cost of the inspection and provide written documentation that the vehicle meets the minimum safety and emission standards adopted by Dallas/Fort Worth International Airport. (e) If a shuttle or medical vehicle is involved in an accident or collision during the term of the Operating License, the Licensee shall notify the Ground Transportation Coordinator's office within five (5) days after the accident or collision. Before operating the vehicle again under the Operating License, a Licensee shall have the vehicle re-inspected for safety by Ordinance No.21389-08-2014 Page 36 of 57 the Ground Transportation Coordinator's office to ensure compliance with the safety requirements of this Article and any other applicable rules and regulations. (f) If the operation of any shuttle or medical vehicle is found not to comply with the requirements of this Article, any designated member of the Fort Worth Police Department, City Marshal's Office, the Director, or his or her designee, or the Coordinator may direct that vehicle to be taken out of service until there is installation of the required safety-related items, or be given a specific time for the non-safety items to be corrected and presented for re-inspection. (g) A Licensee shall pay a vehicle inspection fee per vehicle inspection. Sec. 34-268. Required Equipment. (a) A Licensee or Driver shall, at all times, provide and maintain in good operating condition the following equipment for each shuttle vehicle: (1) A heater and air conditioner; (2) A chemical-type fire extinguisher, of at least a one-quart capacity, conveniently located in the same compartment of the vehicle as the Driver so that it is readily accessible for immediate use; (3) All electrical systems; (4) All doors, latches and handles; (5) Wheelchair lift/ramp which meets the requirements established by the Americans with Disabilities Act(ADA); and (6) Restraining belts or straps designed to securely confine passengers to the wheelchairs in which they are transported. (b) Each shuttle vehicle operating on a pre-approved regularly scheduled basis or pre-approved route must have: (1) A lighted front destination sign; (2) A designated luggage holding area, located separately from passenger seating; (3) A uniform paint scheme approved by the Ground Transportation Coordinator; (4) A two-way radio, cellular telephone or other approved means of electronic communication that is operational during service hours; (5) A sufficient number of back-up vehicles for each approved route; (6) Evidence of insurance required under Division 1 of this Article; (7) Rate information inside the vehicle in a manner approved by the Ground Transportation Coordinator; and (8) The trade name of the shuttle service and a unit number permanently affixed to both sides of the vehicle in letters at least three (3) inches high with a one-half(1/2) inch stroke in a contrasting color. Secs. 34-269--34-299. Reserved. Ordinance No. 21389-08-2014 Page 37 of 57 DIVISION 5. HORSE-DRAWN CARRIAGE Sec. 34-300. Scope of Division 5. Licensees for a horse-drawn carriage service shall be governed by the provisions of this division in addition to all of the applicable provisions of Division 1 of this Article. Sec. 34-301. Application. (a) Any person desiring to operate a horse-drawn carriage service in. the City shall submit an application for an Operating License on a form provided by the Ground Transportation Coordinator. The applicant must be the person who will own, control, or operate the proposed Vehicle for Hire service. No application shall be considered unless it meets the requirements of this Section. Each application must contain the following: (1) The name, age and address of the applicant, if a natural person, or, if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers, directors and persons with an economic interest, together with their respective addresses, as well as a certified copy of the articles of incorporation, the trade name, if any, under which the applicant proposes to operate and the address of the place or places of business from which the applicant proposes to operate. (2) A description and photo of each carriage the applicant proposes to use in providing service. (3) The application must request authority for a minimum number of two (2) operational horse-drawn carriages including the approved adjustment to allow for reduction or increase in the number of authorized vehicles, before the application will be accepted for review and consideration. (4) A full and complete statement of all the applicant's assets and liabilities. (5) A full list of any unpaid judgments of record against applicant, which list shall include the name and address of the owner of the judgment and amount of the judgment; and, if the applicant is a corporation, a full list of any unpaid judgments against any of the officers and directors, which list shall include the name and address of the owner of the judgment and the amount of the judgment. (6) A full list of any and all liens, mortgages and other encumbrances on the Vehicles for Hire and other equipment to be used in providing service, which list shall include the amount secured by a lien, mortgage or other encumbrance, the amount due, the character of such lien, mortgage or other encumbrance and the name and address of the Licensee of such lien, mortgage or other encumbrance. (7) A list of all convictions of the applicant for violations of any and all federal, state or municipal laws. The applicant must not have been convicted twice within a two (2) year period for violations under this Article; if the applicant is a corporation or other business entity, a list of all convictions of all officers, members and directors of the corporation or entity and persons with an economic interest in the Operating License for violations of any federal, state or municipal laws. (8) Full information pertaining to the extent, quality and character of the service the Ordinance No.21389-08-2014 Page 38 of 57 applicant proposes to render. This shall include, but not be limited to the communication system, frequencies, dispatch staffing and procedures, vehicle maintenance, driver training, safety program and procedures for handling customer complaints or lost items. (b) A nonrefundable application fee must accompany the application. Upon request by the City, the applicant shall furnish to the City additional copies of its application as the City may require. (c) The Ground Transportation Coordinator will review the application to ensure that it meets the requirements of this Article. If all conditions above are met, the Ground Transportation Coordinator shall forward written findings and the application to the City Council with a recommendation to adopt the findings of the Ground Transportation Coordinator and issue the Operating License. (d) If the Ground Transportation Coordinator denies the application, the Coordinator's written findings stating the reason(s) for denial must be submitted to the applicant and notify the applicant of the right to appeal the decision in accordance with Section 34-203 of this Article. The decision of the Coordinator is final unless the applicant timely appeals. (e) An applicant whose application for Operating License has been denied in accordance with this Article may not reapply for an Operating License before the expiration of one-hundred eighty (180) days from the date of denial, or in the case of an appeal, the date an order is issued by the Hearing Officer affirming the decision of denial by the Coordinator, or the date of denial by the City Council. Sec. 34-302. Renewals. (a) A Licensee shall apply for renewal at least thirty (30) days prior to the expiration of its Operating License. The Ground Transportation Coordinator shall review all applications for renewal and all relevant documents and materials. (b) The Coordinator shall issue written findings as to whether the Licensee has performed satisfactorily under the terms of the Operating License and this Article. (c) If the Ground Transportation Coordinator finds that the Licensee has performed satisfactorily, and is not otherwise in violation of any provision under this Article, the Coordinator shall be authorized to issue a renewal Operating License without further City Council approval. (d) If the Ground Transportation Coordinator denies the application, his written findings stating the reason(s) for denial must be submitted to the applicant and notify the applicant of the right to appeal the decision in accordance with Section 34-203 of this Article. The decision of the Ground Transportation Coordinator is final unless the applicant timely appeals. Ordinance No.21389-08-2014 Page 39 of 57 Sec. 34-303. Designated Areas. (a) A Licensee of a horse-drawn carriage service may operate during the times and in the designated areas as defined below: (1) Downtown Area means the area located in downtown Fort Worth bounded on the north by Weatherford St; bounded on the south by Lancaster; bounded on the east by Interstate Hwy 35; and bounded on the West by Henderson, such area being depicted and included in the attached Appendix. (2) South Side Area means the area located in Fort Worth bounded on the east by W. Berry Street; bounded on the north by University Avenue; bounded on the west by Interstate Hwy 30; and bounded on the south by Hemphill Street, such area being depicted and included in the attached Appendix. (3) Stockyards Area means the area located in Fort Worth bounded on the north by NE 28th Street; bounded on the south by North Side Drive; bounded on the west by Main Street; and bounded on the east by Interstate Hwy 35W, such area being depicted and included in the attached Appendix. (4) West 7th Street Area means the area located in Fort Worth bounded on the north by 5th Street; bounded on the south by Interstate Hwy 30; bounded on the west by University Avenue; and bounded on the East by Henderson Street, such area being depicted and included in the attached Appendix. (b) Service in the Downtown Area, the South Side Area and the West 7th Street Area shall be permitted between the hours of 2:00 p.m. and 1:00 a.m., Monday through Friday and all day on Saturday, Sunday, and on the following holidays if the holiday falls on a Monday through Friday: Thanksgiving Day and the Friday after Thanksgiving Day, Christmas Day (December 25th), New Year's Day (January Ist), Independence Day (July 4th), Memorial Day and Labor Day. (c) Service in the Stockyards Area shall be permitted between the hours of 2:00 p.m. and 1:00 a.m., Monday through Friday and all day on Saturday, Sunday and on the following holidays if the holiday falls on a Monday through Friday: Thanksgiving Day and the Friday after Thanksgiving Day, Christmas Day (December 25th), New Year's Day (January 1 st), Independence Day (July 4th), Memorial Day and Labor Day. (d) Carriages shall be authorized to stand in the designated areas upon the streets of the City. Additional locations may be requested by the Licensee and issued by the Ground Transportation Coordinator in conjunction with the City's Traffic Engineer. (e) The stands are subject to the control of the Ground Transportation Coordinator and subject to change at his or her reasonable discretion for public safety reasons. Each stand shall be marked and properly designated under the supervision of the Ground Transportation Coordinator in conjunction with the Traffic Engineer. (f) The Ground Transportation Coordinator or Traffic Engineer may establish temporary Ordinance No.21389-08-2014 Page 40 of 57 stands for special events and functions where street access may be limited and when the good of the public is best served by the temporary placement of stands. Sec. 34-304. Designated Area/Time Exception. (a) If a Licensee desires to provide horse-drawn carriage service in an area or times other than permitted in section 34-303, the Licensee shall seek approval from the Director of Transportation and Public Works, or his or her designee, no later than 1:00 p.m. on the City business day before the day of the requested service. The Licensee must submit the desired route or time for the Director's review prior to approval. (b) The Director of Transportation and Public Works, or his or her designee, may condition approval on any requirement deemed to be in the interest of public safety, such as, but not limited to, requiring the Licensee to have a vehicle escort following the horse-drawn carriage on major thoroughfares or additional temporary lighting. Sec. 34-305. Fares. (a) The schedule of fares shall be available upon request to passengers upon entry into or while seated in the vehicle. (b) A Licensee shall submit a schedule of fares and any revisions to the Ground Transportation Coordinator for review. Sec. 34-306. Equipment. (a) Licensee shall keep its equipment in a neat, clean, operable and safe condition. (b) Licensee shall identify each carriage with the name of the entity holding the Operating License; such letters shall be at least one (1) inch in height. (c) Each carriage operating in the City shall have the following lighting and reflector equipment: (1) Vehicle rear: (i) One (1) or two (2) lamps displaying red lights: The lamps shall be at least four (4) inches in diameter and use a bulb of at least thirty-two (32) candlepower. If only one (1) lamp is used, it shall be mounted as far to the left, towards the front, as possible. (ii) Two (2) red reflectors: The reflectors shall be at least three (3) inches in diameter or seven (7) square inches in diameter. The reflectors shall be mounted below the lamps, but not lower than two (2) feet from the ground. (2) Vehicle front: At least one (1) lamp displaying a white light: The lamp shall be at least four (4) inches in diameter and use a bulb of at least thirty-two (32) candlepower. If only one (1) lamp is used, it shall be mounted as far to the left, looking forward, as possible and shall not be obscured from view by the driver, the Ordinance No.21389-08-2014 Page 41 of 57 passenger or the horse pulling the vehicle. It shall be mounted no less than two (2) feet from the ground. (3) Side of vehicle. Two (2) white, yellow or amber reflectors shall be mounted on each side of the vehicle. The reflectors shall be at least three (3) inches in diameter or seven (7) square inches. Such reflectors shall be mounted no less than two feet from the ground. (4) Reflective wrap on front legs of horse. A reflective wrap must be worn by a horse on each of its front legs. The wraps must cover at least from the horse's ankle to the knee. (d) The lamps required by this section shall be in use and operational during nighttime hours beginning one-half(1/2) hour before sunset and at any other time when weather conditions cause reduction in visibility. (e) All carriages shall display a "slow moving vehicle" emblem on the center rear body of the vehicle. The emblem shall be a thirteen and three-fourths (13 3/4) inch fluorescent orange triangle with a one and five-eighths (1 5/8) inch red reflective border. The emblem shall meet the current standards adopted by the "American Society of Agricultural Engineers," shall be visible in daylight or at night when illuminated by the lower beams of headlamps for a distance of not less than five hundred (500) feet and shall be mounted not less than three (3) feet from the ground. No decorative trim or any part of the vehicle shall cover or obscure any part of the emblem at any time. ( All carriage wheels shall be firmly attached to the hub and shall not wobble excessively. All spring axles and supporting structures shall be intact without any visible breaks. (g) All carriages shall be equipped with a suitable and efficient manually operated braking mechanism designed for such carriage. (h) All harness attachments 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. 34-307. Inspections. (a) Each Licensee shall require each horse-drawn carriage to annually obtain from the Ground Transportation Coordinator a decal that indicates that the carriage is authorized to operate in the City and that it has been inspected. (b) All carriages shall be subject to inspection at any time by any designated member of the Fort Worth Police Department, City Marshal's Office, the Director, or his or her designee, or the Coordinator to ensure compliance with this Article. It shall be a violation of this Article for any person to delay, interfere with or refuse to submit to such inspection. Any horse-drawn carriage found not to conform to the standards and tolerances provided for in this Article shall not be approved by the Ground Transportation Coordinator and shall be ordered out of service. Ordinance No.21389-08-2014 Page 42 of 57 (c) The Ground Transportation Coordinator shall make, or cause to be made, at least every twelve (12) months, inspections of carriages to ensure their compliance with this Article. The Ground Transportation Coordinator shall maintain a record of each inspection and shall provide the Licensee a copy of same. Once the carriage is inspected and found to be in compliance with this Article, and the Licensee pays the inspection fee for the carriage, the Ground Transportation Coordinator shall affix a decal on the carriage. (d) A person commits an offense if the person operates a carriage in the City without obtaining a carriage decal from the Ground Transportation Coordinator. Sec. 34-308. 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 Licensee shall submit a complete state certificate of veterinarian inspection annually to the Ground Transportation Coordinator or his or her designee. (c) Any horse brought into service must: (1) Weigh at least one thousand (1,000) pounds; (2) Be a gelding or a mare; and (3) Be at least three (3) years old. (d) A Licensee shall be responsible for maintaining the following information for each horse brought into service: (1) Current veterinarian examination record; (2) Current picture of the horse; and (3) Immunization record of rabies, tetanus, influenza and Eastern and Western equine, updated annually. (e) All Licensees shall provide horses with sufficient and appropriate food and fresh potable drinking water and while working, each horse shall be permitted to eat at reasonable intervals and have access to drinking water when necessary and rest when necessary. (f) All Licensees shall keep all routes clean and free of horse excrement. The failure to keep all routes clean is grounds for suspension or revocation of the Operating License. (g) A horse shall not be left unattended except when confined to a stable or other enclosure. (h) A Licensee may not work a horse when the temperature at any Fort Worth site monitored by the National Weather Service is reported to be at or below thirty (30) degrees Fahrenheit. Ordinance No.21389-08-2014 Page 43 of 57 (i) A horse cannot work more than two (2) hours when the temperature is reported to exceed ninety-five (95) degrees Fahrenheit. (j) A horse cannot work more than two (2) hours when the combined temperature and humidity index for Fort Worth exceeds a numerical value of one hundred fifty (150), as measured by the National Weather Service. (k) The Ground Transportation Coordinator shall have the authority to implement programs to ensure public safety. Secs. 34-309--34-320. Reserved. DIVISION 6. PEDICAB OR GROUP CYCLE Sec. 34-321. Scope of Division 6. Licensees with an Operating License for a pedicab or group cycle service shall be governed by the provisions of this division in addition to all of the provisions found in Division 1 of this Article. Sec. 34-322. Application. (a) Any person desiring to operate a pedicab or group cycle service in the City shall submit an application for an Operating License on a form provided by the Ground Transportation Coordinator. The applicant must be the person who will own, control, or operate the proposed Vehicle for Hire service. No application shall be considered unless it meets the requirements of this Section. Each application must contain the following: (1) The name, age and address of the applicant, if a natural person, or, if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers, directors and persons with an economic interest, together with their respective addresses, as well as a certified copy of the articles of incorporation, the trade name, if any, under which the applicant proposes to operate and the address of the place or places of business from which the applicant proposes to operate. (2) A description of each pedicab or group cycle the applicant proposes to use in providing service, including, but not limited to, the year, make, model, type, seating capacity, condition of each pedicab or group cycle service proposed to be operated. (3) The application must request authority for a minimum number of two (2) operational pedicabs or one (1) group cycle including the approved adjustment to allow for reduction or increase in the number of authorized vehicles, before the application will be accepted for review and consideration. (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 Ordinance No.21389-08-2014 Page 44 of 57 address of the owner of the judgment and the amount of the judgment. (6) A full list of any and all liens, mortgages and other encumbrances on the Vehicles for Hire and other equipment to be used in providing service, which list shall include the amount secured by a lien, mortgage or other encumbrance, the amount due, the character of such lien, mortgage or other encumbrance and the name and address of the Licensee of such lien, mortgage or other encumbrance. (7) A list of all convictions of the applicant for violations of any and all federal, state or municipal laws. The applicant must not have been convicted twice within a two (2) year period for violations under this Article; if the applicant is a corporation or other business entity, a list of all convictions of all officers, members and directors of the corporation or entity and persons with an economic interest in the Operating License for violations of any federal, state or municipal laws. (8) Full information pertaining to the extent, quality and character of the service the applicant proposes to render. This shall include, but not be limited to the communication system, frequencies, dispatch staffing and procedures, vehicle maintenance, driver training, safety program and procedures for handling customer complaints or lost items. (b) A nonrefundable application fee must accompany the application. Upon request by the City, the applicant shall furnish to the City additional copies of its application. (c) The Ground Transportation Coordinator will review the application to ensure that it meets the requirements of this Article. If all conditions above are met, the Ground Transportation Coordinator shall forward written findings and the application to the City Council with a recommendation to adopt the findings of the Ground Transportation Coordinator and issue the Operating License. (d) If the Ground Transportation Coordinator denies the application, the Coordinator's written findings stating the reason(s) for denial must be submitted to the applicant and notify the applicant of the right to appeal the decision in accordance with Section 34-203 of this Article. The decision of the Coordinator is final unless the applicant timely appeals. (e) An applicant whose application for Operating License has been denied in accordance with this Article may not reapply for an Operating License before the expiration of one-hundred eighty (180) days from the date of denial, or in the case of an appeal, the date an order is issued by the Hearing Officer affirming the decision of denial by the Coordinator, or the date of denial by the City Council. Sec. 34-323. Renewals. (a) A Licensee shall apply for renewal at least thirty (30) days prior to the expiration of its Operating License. The Ground Transportation Coordinator shall review all applications for renewal and all relevant documents and materials. (b) The Coordinator shall issue written findings as to whether the Licensee has performed satisfactorily under the terms of the Operating License and this Article. Ordinance No.21389-08-2014 Page 45 of 57 (c) If the Ground Transportation Coordinator finds that the Licensee has performed satisfactorily, and is not otherwise in violation of any provision under this Article, the Coordinator shall be authorized to issue a renewal Operating License without further City Council approval. (d) If the Ground Transportation Coordinator denies the application, his written findings stating the reason(s) for denial must be submitted to the applicant and notify the applicant of the right to appeal the decision in accordance with Section 34-203 of this Article. The decision of the Ground Transportation Coordinator is final unless the applicant timely appeals. Sec. 34-324. Pedicab or Group Cycle Designated Areas. (a) A Licensee of a pedicab or group cycle service may operate during the times and in the designated areas as defined below: (1) Downtown Area means the area located in downtown Fort Worth bounded on the north by Weatherford St; bounded on the south by Lancaster; bounded on the east by Interstate Hwy 35; and bounded on the West by Henderson, such area being depicted and included in the attached Appendix. (2) South Side Area means the area located in Fort Worth bounded on the east by W. Berry Street; bounded on the north by University Avenue; bounded on the west by Interstate Hwy 30; and bounded on the south by Hemphill Street, such area being depicted and included in the attached Appendix. (3) Stockyards Area means the area located in Fort Worth bounded on the north by NE 28th Street; bounded on the south by North Side Drive; bounded on the west by Main Street; and bounded on the east by Interstate Hwy 35W, such area being depicted and included in the attached Appendix. (4) West 7th Street Area means the area located in Fort Worth bounded on the north by 5th Street; bounded on the south by Interstate Hwy 30; bounded on the west by University Avenue; and bounded on the East by Henderson Street, such area being depicted and included in the attached Appendix. (b) Service in the Downtown Area, the South Side Area and the West 7th Street Area shall be permitted between the hours of 10:00 a.m. and 1:00 a.m., Monday through Friday and all day on Saturday, Sunday, and on the following holidays if the holiday falls on a Monday through Friday: Thanksgiving Day and the Friday after Thanksgiving Day, Christmas Day (December 25th), New Year's Day (January 1st), Independence Day (July 4th), Memorial Day and Labor Day. (c) Service in the Stockyards designated area shall be permitted between the hours of 10:00 a.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 Day (December 25th), New Year's Day Ordinance No.21389-08-2014 Page 46 of 57 (January 1 st), Independence Day (July 4th), Memorial Day and Labor Day. (d) Pedicabs and group cycles shall be authorized to stand in the designated areas upon the streets of the City. Additional locations may be requested by the Licensee and issued by the Ground Transportation Coordinator in conjunction with the City's Traffic Engineer. (e) The stands are subject to the control of the Ground Transportation Coordinator and subject to change at his or her reasonable discretion for public safety reasons. Each stand shall be marked and properly designated under the supervision of the Ground Transportation Coordinator in conjunction with the Traffic Engineer. (f) The Ground Transportation Coordinator or Traffic Engineer may establish temporary stands for special events and functions where street access may be limited and when the good of the public is best served by the temporary placement of stands. Sec. 34-325. Area and Time Exceptions. (a) If a Licensee desires to provide pedicab or group cycle service in an area or times other than permitted in section 34-324, the Licensee shall seek approval from the Director of Transportation and Public Works, or his or her designee, no later than 1:00 p.m. on the City business day before the day of the requested service. The Licensee must submit the desired route or time for the Director's review prior to approval. (b) The Director of Transportation and Public Works, or his or her designee, may condition approval on any requirement deemed to be in the interest of public safety, such as, but not limited to, requiring the Licensee to have a vehicle escort following the pedicab or group cycle on major thoroughfares or additional temporary lighting. Sec. 34-326. Fares. (a) The schedule of fares shall be available upon request to any passenger upon entry into or while seated in the vehicle. (b) A Licensee shall submit a schedule of fares and any revisions to the Ground Transportation Coordinator. Sec. 34-327. Pedicab or Group Cycle Equipment. (a) Licensee shall maintain its equipment in a neat, clean, operable and safe condition in accordance with state and federal laws. (b) Licensee shall identify each pedicab or group cycle vehicle with the name of the entity holding the Operating License on the rear or the side of the vehicles; such letters and numbers shall be at least two (2) inches high. (c) A Licensee or Driver shall, at all times, provide and maintain in good operating condition Ordinance No.21389-08-2014 Page 47 of 57 the following items and equipment for each pedicab or group cycle 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; (8) Safety helmet (pedicab only) (9) Seat belts (pedicab only) Sec. 34-328. Inspections. (a) The Licensee of each pedicab or group cycle vehicle Operating License shall annually obtain from the Ground Transportation Coordinator a decal that indicates that the vehicle has authority to operate in the City and that it has been inspected. (b) All pedicab or group cycle service shall be subject to inspection at any time by any designated member of the Fort Worth Police Department, City Marshal's Office, the Director or his or her designee, or the Coordinator to ensure compliance with this Article. It shall be a violation of this Article for any person to delay, interfere with or refuse to allow such inspection. Any pedicab or group cycle vehicles found not to conform to the standards and tolerances provided for in this Article shall not be approved by the Ground Transportation Coordinator and shall be ordered out of service. (c) The Ground Transportation Coordinator shall, at least every twelve (12) months, inspect the pedicab or group cycle vehicles to ensure their compliance with this Article. The Ground Transportation Coordinator's office shall maintain a record of each inspection and shall provide the Licensee a copy of same. Once a pedicab or group cycle vehicle is inspected and found to be in compliance with this Article, the Ground Transportation Coordinator shall affix a non-motorized decal on the vehicle. (d) Annually, the Licensee shall pay an inspection fee per pedicab or group cycle vehicle. (e) If a pedicab or group cycle is involved in an accident or collision during the term of the Operating License, the Licensee shall notify the Ground Transportation Coordinator's office within five (5) days after the accident or collision. Before operating the pedicab or group cycle, a Licensee shall have the vehicle re-inspected for safety by the Ground Transportation Coordinator's office to ensure compliance with the safety requirements of this Article and any other applicable rules and regulations. (f) A person commits an offense if the person operates a pedicab or group cycle service in the City without obtaining a non-motorized decal from the Ground Transportation Coordinator. Sec. 34-329. Alcohol on a Pedicab or Group Cycle. Ordinance No.21389-08-2014 Page 48 of 57 (a) A Licensee or Driver commits an offense if he provides an alcoholic beverage to a passenger for a fee or as part of the pedicab or group cycle service. (b) A Licensee or driver commits an offense if he purchases or stocks a pedicab or group cycle service with an alcoholic beverage. (c) An alcoholic beverage is permitted in the pedicab or group cycle only in the event the passenger brings the alcoholic beverage into the pedicab or group cycle and the passenger meets minimum age requirements of the state. (d) The Licensee must submit guidelines or procedures to passengers regarding alcoholic beverage usage during service. Secs.34-330--34-339. Reserved. DIVISION 7. DRIVERS Sec. 34-340. - Driver's permit required; application and information; qualifications; issuance; fee; term. (a) It shall be unlawful for any person to drive a Vehicle for Hire in the City without having first obtained a Driver's Permit from the Ground Transportation Coordinator. (b) A written application for a Driver's Permit shall be filed with a non-refundable permit application fee, and shall be upon a form obtained from the Ground Transportation Coordinator containing the following information: (1) The experience of the applicant in driving the specific type of Vehicle for Hire, other motor vehicles, including public vehicles; (2) Whether or not the applicant has ever been convicted of a violation of any federal, state or municipal law and, if so, the particulars of each violation of which the applicant has been convicted; (3) Applicant's name, street address, age, sex, telephone number and place of residence for the three (3) years immediately preceding the date of the application; (4) The name of the Licensee for whom the driver proposes to drive a Vehicle for Hire; (5) Written proof showing that the applicant has successfully completed a defensive driving course approved by the Texas Education Agency within the last twelve (12) months shall be provided with the application; (6) Whether the application is for a regular Vehicle for Hire service or a special event permit; and (7) Such other additional information as the Ground Transportation Coordinator may prescribe on the form. (c) All applications must be signed by the Licensee for whom the driver proposes to drive a Vehicle for Hire in the City. A Licensee's signature will indicate the Licensee's Ordinance No.21389-08-2014 Page 49 of 57 recommendation that the applicant be issued a driver's permit. A Licensee shall notify the Ground Transportation Coordinator in writing within forty-eight (48) hours if the Licensee withdraws its recommendation. The Licensee must submit written reasons for withdrawal. If the Licensee withdraws his recommendation, the Driver's Permit shall be revoked immediately. (d) A Driver's Permit shall be issued for a period of two (2) years. The Driver's Permit may be renewed by filing a new application and paying a required application fee. A special event driver's permit shall be issued for a period not to exceed ten (10) calendar days and shall not be renewable. (e) Any person issued a Driver's Permit shall maintain a current address and telephone number on file with the Ground Transportation Coordinator. The driver shall notify the ground transportation office of any changes in his or her address or telephone number within five (5) days of the change. (f) If a Driver changes Licensees he must submit sufficient documentation with the new Licensee's signature to the Ground Transportation Coordinator within ten (10) business days along with a change of Licensee fee. (g) The Driver's Permit is not transferable to another Licensee without written consent of the new Licensee, and notice and payment of the fee to the City within ten (10) days. (h) If a driver loses his or her Driver's Permit, the driver shall pay the replacement fee. (i) To qualify for a driver's permit, a person must: (1) Be at least nineteen(19) years of age; (2) Be a citizen of the United States by birth or naturalization, or if alien, submit evidence of legal residence in the United States and legal right to engage in employment therein; (3) Hold a valid driver's/operator's license issued by the State of Texas; (4) Be able to read and speak the English language; and (5) Maintain physical and cognitive condition necessary to exercise ordinary and reasonable control over a Vehicle for Hire or that is not likely to otherwise endanger the public health or safety; (6) Not have been convicted of more than three (3) moving traffic violations arising out of separate transactions, or involved in more than two (2) motor vehicle accidents in which it could be reasonably determined that the driver was at fault, within any twelve (12) month period during the preceding thirty-six (36) months; (7) Not be under indictment, have charges pending, or have been convicted of the following crimes involving: i. Criminal homicide as described in Chapter 19 of the Texas Penal Code; ii. Kidnapping as described in Chapter 20 of the Texas Penal Code; iii. A sexual offense as described in Chapter 21 of the Texas Penal Code; Ordinance No.21389-08-2014 Page 50 of 57 iv. An assaultive offense as described in Chapter 22 of the Texas Penal Code; V. Robbery as described in Chapter 29 of the Texas Penal Code; vi. Burglary as described in Chapter 30 of the Texas Penal Code; vii. Theft as described in Chapter 31 of the Texas Penal Code; viii. Fraud as described in Chapter 32 of the Texas Penal Code; ix. Tampering with a governmental record as described in Chapter 37 of the Texas Penal Code; X. Public indecency (prostitution or obscenity) as described in Chapter 43 of the Texas Penal Code; xi. The transfer, carrying or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, but only if the violation is punishable as a felony; xii. A violation of the Health and Safety Code, Chapter 483 - "Dangerous Drugs" that is punishable by a felony; xiii. A violation of the Health and Safety Code, Chapter 481 - "Texas Controlled Substances Act" that is punishable by a felony; or xiv. Criminal attempt to commit any of the offenses listed in subsection (7) above and for which: a. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense; b. Less than five (5) years have elapsed since the date of conviction or date of release from confinement for the conviction, whichever is the later date, of the applicant was convicted of a felony offense; or C. Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if within any twenty-four- month period the applicant has two (2) or more convictions of any misdemeanor offense or combination of misdemeanor offenses. (8) Not have been convicted of or discharged by probation or deferred adjudication for driving while intoxicated within the preceding twenty-four (24) months, or more than one (1) time within the preceding seven (7) years; (9) Not have charges pending or not be under indictment for an offense for driving while intoxicated; (10) Not be addicted to the use of alcohol or narcotics; (11) Not have been convicted of or discharged by probation or deferred adjudication for driving while under the influence of drugs within the preceding twenty-four (24) months, or more than one (1) time within the preceding seven (7) years; (12) Not have criminal charges pending for the offense of driving while intoxicated or while under the influence of drugs; and (13) Not be subject to any outstanding warrants of arrest. (j) As a qualification for a Driver's Permit, the Coordinator shall, upon request, require taxicab applicants to pass an examination given by the Coordinator, or his or her designee, that will test his or her knowledge of traffic laws, duties under the Vehicle for Hire ordinance, the road networks and geography of Fort Worth and surrounding cities, airports and counties in Ordinance No.21389-08-2014 Page 51 of 57 the service area. Additionally, the applicants and/or drivers may periodically be tested on English language proficiency. (k) All applicants shall be screened for the presence of drugs and alcohol within thirty (30) days from the date of the application. Applicants shall follow the drug screening and alcohol testing guidelines established by the City. All screenings for drug and alcohol testing must be conducted by a Department of Health and Human Services certified laboratory and certified laboratory technician and approved by the City. An applicant has the right to request a re-test within twenty-four (24) hours of receiving the initial test results. Drivers may be subject to drug and alcohol screening on a random basis, fingerprinting, and/or criminal records checks. (1) If a Driver's operator's license is suspended or revoked by the state, the Driver's Permit will automatically become null and void. A permitted driver shall notify the Ground Transportation Coordinator and the Licensee for whom he is permitted within three (3) calendar days of a suspension or revocation of a state driver's or operator's license and shall immediately surrender his or her Driver's Permit to the Ground Transportation Coordinator. Sec. 34-341. - Grounds for denial of permit; expiration. (a) The Ground Transportation Coordinator shall deny the application for a Driver's Permit if the Coordinator determines that the applicant: (1) Is not qualified under this Article; (2) Is not physically or mentally able to safely operate a Vehicle for Hire; (3) Fails or refuses to furnish a defensive driving certificate as required; (4) Knowingly makes a false statement of a material fact in the application for a Driver's Permit; or (5) Refuses to submit to or does not pass the required drug and alcohol screening or fails to furnish any required statements related to the drug and alcohol screening. (b) If the Ground Transportation Coordinator denies a Driver's Permit, he shall notify the applicant in writing that the application is denied, and the reason for denial and the applicant's right of appeal to the Hearing Officer in accordance with Section 34-203 of this Article. The decision of the Ground transportation Coordinator is final unless the applicant timely appeals. Sec. 34-342. - Suspension or revocation of Driver's Permit. (a) The Ground Transportation Coordinator may suspend the Driver's Permit of any driver for up to sixty (60) days on any of the following grounds: (1) The Driver is not qualified or no longer meets the qualifications as required by this Article; Ordinance No.21389-08-2014 Page 52 of 57 (2) The Driver has violated or failed to comply with any provisions or requirements of this Article; (3) The Driver has made a false statement or representation of a material fact on the permit application submitted to the Ground Transportation Coordinator; or (4) The Driver has failed to maintain a valid driver's license pursuant to the laws of the State of Texas. (b) After receipt of notice of suspension, the Driver shall immediately discontinue driving a Vehicle for Hire within the City and shall surrender his Driver's Permit to the Ground Transportation Coordinator. (c) A Driver whose Driver's Permit has been suspended or revoked may not operate under any Licensee's Operating License during the period of revocation or suspension. (d) If the Driver's Permit is suspended, written notice shall be sent by registered mail addressed to the permitted Driver and the Licensee of the Operating License listing the reason for the suspension and the time in which the driver has to correct the deficiency. If the Driver, or the Licensee of the Operating License on behalf of the driver, fails to correct the deficiency within the suspension period, the Driver's Permit shall be revoked. The decision of the Ground Transportation Coordinator is final unless the Driver files a timely appeal with the Hearing Officer in accordance with Section 34.204-3 of this Article. Sec. 34-343. - Display; falsification; driving without a permit. (a) The Driver's Permit shall be prominently displayed on his or her upper outer clothing (b) A person commits an offense if he: (1) Forges, alters or counterfeits a Driver's Permit, badge, sticker or emblem required by this Article; (2) Possesses a forged, altered or counterfeited Driver's Permit, badge, sticker or emblem required by this Article; (3) Operates or allows the operation of a Vehicle for Hire without an approved Driver's Permit; or (4) Fails to allow the Ground Transportation Coordinator, the Director or a peace officer to examine his or her Driver's Permit upon demand. (c) A Driver's Permit may be immediately suspended by the Director or his or her designee, or by the Coordinator for any violation of this section. Sec. 34-344. - Driver's Responsibilities. (a) While on duty, a Driver shall comply with this Article, the regulations established under this Article, other laws applicable to the operation of a motor vehicle in this state, and the policies and procedures issued by the Licensee. In addition, a Driver shall: Ordinance No.21389-08-2014 Page 53 of 57 (1) Conduct himself or herself in a reasonable, prudent and courteous manner; (2) Maintain a sanitary and well-groomed appearance; (3) Not sleep in any Vehicle for Hire; (4) Not refuse a trip from any location within the City unless the Driver is in reasonable fear of his or her personal safety; (5) Not consume alcoholic beverages, drugs or other substances which could affect his or her ability to safely drive a motor vehicle; and (6) Comply with all lawful orders of a peace officer. (b) The Ground Transportation Coordinator, the Director, his or his designee, or any Peace Officer of the City may conduct inspections of the Driver and the Vehicle for Hire to ensure compliance with this section. (c) Any violation of this section shall be grounds for the suspension or revocation of a Driver's Permit. Sec. 34-345. - Driver as employee; independent contractor. A Licensee of an Operating License may employ drivers, or may contract with a Driver on an independent contractor basis, but only if the Licensee: (1) Agrees to and shall indemnify, defend and hold the City harmless for claims or causes of action against the City arising from the conduct of the Driver in the operation of a Vehicle for Hire; (2) Provides that the Driver is insured under the Licensee's fleet liability insurance policy; and (3) Imposes a condition that the Driver must comply with this Article, with the understanding that failure to comply shall be a material breach of the Operating License which could result in suspension or revocation of the Licensee's Operating License. Sec. 34-346. Representation of Availability of a Taxicab. (a) A Driver may not represent that his taxicab is engaged when in fact vacant, or vacant when in fact engaged. (b) A violation of this section is grounds for the suspension of the Driver's Permit. Sec. 34-347. Dress standards for Drivers. (a) Each Licensee shall establish and enforce company dress standards for its drivers. In addition to the standards adopted by the Licensee: A Driver shall wear: (1) Clean and pressed shirts or blouses with a collar, such as sports or dress shirts or polo-type shirts; (2) Jeans, dress or sport slacks that do not drag the ground; Ordinance No.21389-08-2014 Page 54 of 57 (3) Clean and pressed shorts or skirts that are no more than two (2) inches above the knee; (4) Shoes with closed heels and toe; and (5) Socks or hosiery. (b) Suggestive apparel such as tank tops, halter tops, outer apparel made of fishnet or undergarment material or pants/jeans with holes or frayed hems are not allowed. (c) A Driver, and his or her clothing, must be neat, clean and sanitary at all times. (d) Any violation of this section shall be grounds for suspension or revocation of the Driver's Permit. Sec. 34-348. 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 Licensee's company's lost and found. The Licensee's company shall maintain a written record of all items turned in to the company. The record shall contain the following: (1) A description of the items found (2) The date on which the items were turned in (3) The vehicle number in which the items were found, and (4) The name of the Driver who turned in the items. (b) All items shall be examined and the owners identified and notified, if possible. If any item is claimed, a record shall be made of the name and address of the claimant. (c) No item shall be disposed of, other than by return to its owner, less than ninety (90) days after the date in which the item is turned in. If any item is disposed of, a record must be made of such disposition. (d) A violation of this section may be grounds for suspension or revocation of the Driver's Permit or the Licensee's Operating License. Sec. 34-349. - Soliciting prohibited. (a) It shall be unlawful for any Driver to solicit by statement, writing, signal, sign or payment any third party to solicit passengers for such Vehicle for Hire service upon any public street or building of the City. (b) The Driver shall not obstruct entrances or passageways of any sidewalk or building, however, once engaged by his or her pre-arranged passenger, a Driver may provide assistance to his or her passenger. SECTION 2. Ordinance No.21389-08-2014 Page 55 of 57 This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of Fort Worth, Texas, (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, or otherwise invalid under state or federal law, such unconstitutionality or invalidity 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 or invalid phrase, clause, sentence, paragraph or section. SECTION 4. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the Code of the City of Fort Worth, or any other ordinances of the City, that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance, but may be prosecuted until final disposition by the courts. SECTION 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 an amount not exceeding five hundred dollars ($500.00) for each offense. Each day that a violation exists shall constitute a separate offense. Ordinance No.21389-08-2014 Page 56 of 57 SECTION 6. The City Secretary of the City of Fort Worth, Texas is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Chapter XXV Section 2 of the Charter of the City of Fort Worth. SECTION 7. This ordinance shall take effect upon adoption and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ATTEST: 9 Maleshia B. FNrrner, Sr. A's-simfffrcity Attorney Mary J. Ka s r, ity qcretary ADOPTED: August 19, 201.4 EFFECTIVE: Ordinance No.21389-08-2014 Page 57 of 57 1 074 CyV{ HAMI ITT- - �- I -- I A kjN H-i - rlI�T,.I_ t r / w -- z - _ _lei - j i I 1'' � -_ - _ Lu Z 41! LL; W �.0 r �y_ I T7 i .-,ARMS. rt DAGGETT DA06 T Z E 1� ,5 SET J i1 a PENN$ U Al G{J{ R -L-] I ti f 11f -� - ®!H ' � k J -- ors I 0 12 @40 480 720 960 Feet Taxicab Ordinance: West 7th Area FORTWORTH. _ i Sl dI i ul LLJ LO L-j RE � I I— —� - �RIIr�. 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Ml�r.'i�IYrI w-"�!!�� -� � W. at,�n>. ` �_ ■ .� dpi'i1 1■ ��__�.r• 1 �w t ,- �e _ wo �� -.�C7 -� Cfal ��'�� 1 ' 1 ' • 1 1 1 nPM ' ' A r r :.° '� �,Ir/,� �+.'�► \\\, �,.1 , `III �� � ��1 a — + w PIP City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/19/2014 - Ordinance No. 21389-08-2014 DATE: Tuesday, August 19, 2014 REFERENCE NO.: G-18292 LOG NAME: 20REPEALING AND RESTATING CHAPTER 34 SUBJECT: Adopt Ordinance Repealing and Restating Chapter 34 Vehicles for Hire, Article VI Ground Transportation for Hire of the Code of the City of Fort Worth, Texas (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance repealing and restating Chapter 34 Vehicles for Hire, Article VI Ground Transportation for Hire of the City Code of Fort Worth, Texas (1986) in its entirety. DISCUSSION: On May 6, 2014, the City Attorney's Office briefed the City Council on proposed procedural changes to the vehicle for hire ordinance that will provide a more efficient process for issuing operating licenses, clarify the process for hearings and appeals, and reflect current industry practices regarding administrative procedures for vehicle for hire service. The Ground Transportation Coordinator conducted meetings and received input from the local vehicle for hire and hotel industries on the suggested changes to the ordinance. The Ground Transportation staff also reviewed vehicle for hire operations of other cities throughout the state and the region focusing on issues regarding quality of service, public safety, fees, and the administrative process for granting operating authority for taxicabs, shuttle and limousine service. Based on review of the operations of other cities and input from the vehicle for hire industry, the Ground Transportation Coordinator recommends the following major changes to Chapter 34 of the City Code: 1) Establish a standard one-year operating license for all vehicles for hire; 2) Eliminate the requirement for applicants to demonstrate public convenience and necessity; 3) Revise the administrative review process to allow all applications for operating licenses, except taxicabs, to be reviewed administratively by the Ground Transportation Coordinator; 4) Revise the appeal process to provide for a substantial evidence review if an application is denied, and clarify the role and authority of the City's Hearing Officer; 5) Issue renewal driver permits for two years; 6) Establish required equipment standards for all vehicles permitted under an operating license; 7) Establish a new category for non-emergency medical contract transport vehicles. Staff recommends these procedural changes to the ordinance to become effective immediately after Logname: 20REPEALING AND RESTATING CHAPTER 34 Page I of 2 publication. Staff will return to the City Council later this year with recommended changes to address new technology based transportation models, changes that may result from a regional transportation effort, and a revised fee schedule, with these changes anticipated to go into effect January 1, 2015. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/AccounVCenters FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bk Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Gerald Taylor (6987) Logname: 20REPEALING AND RESTATING CHAPTER 34 Page 2 of 2