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HomeMy WebLinkAboutOrdinance 1731 ORDINANCE NO. 1731 AN ORDINANCE PROVIDING FOR THE REGULATION AND THE OPERATION OF PUBLIC VEHICLES IN THE CITY OF FORT WORTH: DEFINING TERMS: REQUIRING A LICENSE AND PROVIDING FOR THE FORM OF APPLICATION AND THE CONDITIONS THEREOF= PROVIDING FOR THE SUSPENSION AND REVOCATION OF LICENSES: REGULATING STANDS, AND PROHIBITING CRUISING, AND PROVIDING THAT LICENSES SHALL BE ISSUED TO ALL PERSONS, FIRMS OR COLORATIONS THAT WERE OPERATING SUCH VEHICLES FOR HIRE ON THE FIRST DAY OF OCTOBER, 1931, AND EXCEPTING CERTAIN CLASSES OF VEHICLES, AND PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF, AND PROVIDING THAT THIS ORDINANCE SHALL BE IN FORCE AND EFFECT FROM AND AFTER THE DATE OF ITS PASSAGE AND PUBLICATION AS REQUIRED BY LAW. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTHt SECTION 1, OPERATION OF PUBLIC VEHICLES. The operation of public vehicles as herein defined shall be subject to the conditions, regulations and restrictions herein set forth, and it shall be unlawful to operate or cause to be operated in said city any public vehicle unless a license therefor shall have been issued to the owner thereof and unless the same shall be then in good standing and unless the conditions, regulations and restrictions herein prescribed are complied with. Provided that this ordinance shall only apply to vehicles opera- ting wholly or principally within the corporate limits of the City of Fort Worth, and shall not affect motor bus companies as defined within and regulated by the Motor Bus Transportation Act as passed by the Fortieth Legislaturd of the State of Texas, and excepting from the provisions hereof such other classes of operation as specified herein. SECTION 2, DEFINITIONS. The f6llowing definitions are hereby adopted and declared for the construction of this ordinance; (a) PUBLIC VEHICLES- The term "Public Vehicles" hereinafter used shall mean and include taxicabs and for hire automobiles, as hereinafter defined. (b) TAXICABS - The term "Taxicabs" hereinafter used shall mean and include any motor driven vehicle for the transportation for hire of passengers which is equipped with a taximeter, as hereinafter defined* (c) FOR HIRE AUTOMOBILES •- The term "for hire automobile" herein•► after used shall mean and include any motor driven vehicle used for the transportation for hire of passengers, except motor buses operating on Ordinance No. 1731 Page No. 2. fixed routes as hereinafter specified, specially chartered buses, sight— seeing buses, driverless cars, and taxicabs. The term shall also include motor driven vehicles without a taximeter and hired or rented where rates are charged on a time basis or otherwbse. (d) The word "person" shall mean and include any person, firm or corporation. (of The word "owner" shall include the lessor and lessee of any vehicle in use as a public vehicle for hire. SECTION 3, CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. No public vehicle shall hereafter operate for the transportation of persons as passengers for compensation or hire within the corporate limits of the City of Fort Worth without first having obtained from the City Council of the City of Fort Worth, under the provisions of this Ordinance* a certificate or permit, declaring that the public convenience and necessity require such operation, and without having a licnese as herein provided; provided, how- ever, that when it appears to the City Council of the City of Fort Worth that any owner of such public vehicle or vehicles making application for a certificate or permit is operating and has been continuously operating a public vehicle as herein defined in good faith with the City of Fort Worth, in the same manner and furnishing the same character and type of service as designated in said application for certificate or permit, for a period commencing the lot day of October, 1931, or prior thereto, such owner of such public vehicle or vehicles shall, upon application, be granted a certificate of public convenience and necessity to operate and shall be licensed to operate just ai said owner and such vehicle or vehicles shall have been operating during said period, and no more; and provided that such certificate and license as herein provided shall be for the same number of automobiles and for the same character and type of service only as have been in use during such period, and that if any additional humber of cars or different character or type of ser *e are sought to be placed in operation, then such applicant must proceed as provided herein upon an original application for certificate and license. *here certificates and license are issued as herein provided by virtue of prior operation, no additional license fee shall be required Ordinance Noe 1731 Page No.3. to be paid if the same has been previously paid for the year 1931, but it is expressly provided that such owners of public vehicle or public vehicles shall comply with the requirements of this ordinance with request to the fitness and safety of their vehicles and shall comply with all other conditions, regulations and restrictions as herein prescribed. SECTION 4, APPLICATION FOR CERTIFICATE. application for a certificate of public convenience and necessity tor the operation of public vehicles within the City of Fort North shall be made to the City Council and shall set forth the name and address of the applicant, the trade name under which the applicant does or proposes to do business, the number of vehicles the applicant desires to operate, the class, seating capacity, design, color scheme of each vehicle and the lettering and marks to be used thereon, whether applicant has been convicted of the violation of any state or municipal law, and the financial ability and responsibility of the applicant and its organisation and personnel and any other information as may be required by the City Council, upon printed forms to be prepared under its direction and available at the office of the City Secretary of the City of Fort Worth. Notice of such application shall be published by the applicant in some newspaper published in the City of Fort Worth once a week two weeks prior to the date on which the application is heard. SECTION b. HEARINGS. The City Council shall make or cause to be made Investigation, including any hearings deemed desirable, as to any applica- tions for such certificates, and shall determine whether or not the public convenience and necessity requires the operation of such vehicle or vehicles and whether or not the applicant is fit to conduct business and may in— vestigate the fitness of the officers and stockholders of any corporation making such application; and in determining whether or not a certificate should be issued, the City Council shall give weight and due regard toe among other things, (1) probable permanence and qualli y of the sertice offered by the applicant; (2) the financial ability and responsibility of the applicant and its organisation and personnel, and (3) the character u ORDINANCE NO. 1731 Page No. 4. of vehicles, the character and location of depots and termini proposed to be used= the experience of the applicant in the transportation of passengers. SECTION 6. ISSUANCE OR REFUSAL OF CERTIFICATE. If the City Council finds that the public convenience and necessity requires the operation of a greater or lesser number of vehicles than that for which the certificate has been applied for, and the applicant or owner is fit to conduct the business and that the other requirements herein have been complied with, It shall notify the applicant of its findings. It it finds that public convenience and necessity do not require the operation of any such vehicle or that applicant is not fit to conduct such business, it shall forthwith refuse such application and no certificate or license shall issue to such applicant. If it shall be determined that the public convenience and ne— cessity require the operation of such vehicles and that %plicant to fit to conduct such business and the applicant shall within sixty (60) days thereafter furnish to the City Council, or to such person as it may desig- nate, information as to the particular vehicles for which the certificate Is granted, such information to include the make, the State lioness number, the length of time the vehicle has been in use, the motor power thereof, the names and addresses of the person or persons from whom the vehicle or vehicles were purchased, and any other information required by the Council. If the City Council finds that the applicant is the owner of such vehicles and the same be fit and safe for the transportation of passengers and con- form to the requirements of this ordinance and with such other requirements as the City Council may make under authority of this Ordinance, it shall Issue or cause to be issued to the applicant the certificate herein pro— vided for. Such certificate shall not be transferrable without the consent and approval of the City Council had after application, published notice and hearing as provided upon original applications, but the person to whom the certificate is issued may bar appropriate indoreement made thereon under direction of the City Council, substitute another vehicle or vehicles in the place of that for which the certificate was granted; and provided ORDINANCE N0. 1731 Page No. 5. further that should the City Council find that public convenience and ne- cessity at any time require additional taxicab service, preference shall be given to the persons or companies operating existing service, should they be willing to furnish it. SECTION 7, LICENSE. Upon presentation of said certificate within thirty (30) days of its date and satisfactory evidence that all license fees have been paid to the City of Fort Worth and that such other fees and taxes asmay be required by law have been fully paid, the City Secretary of the City of Fort Worth shall issue to applicant a license for each and every vehicle specified in said certificate; and provided, however, that any certificate issued hereunder shall be effective until cm celled, and no additional certificate or certificates shall be required for the purpose of obtaining a license so long as the original certificate remains in effect; and provided, further, that such owner and operator of a pubes lic vehicle for hire shall be strictly limited to the character and type of operation as evidenced by such application and as specified in such certificate and license. No license for the operation of a public vehicle shall be issued nor shall any public vehicle be operated within the City of Fort Worth unless and until the City Council has issued a certificate that public conveniencb and necessity require the operation thereof, SECTION 8. INSPECTION. The City Council shall from time to time cause to be made an inspection of public vehicles and taximeters, If any vehicle shall be found unfit or unsafe for operation, notice shall be given to the holder of certificate and lioness therefor and such vehicle shall not be operated thereafter until the same has been put in a safe and fit condition. If any taximeter has been found inaccurate, no vehicle equipped therewith shall be operated until the same has been corrected. SECTION 9. STANDS. It shall be unlawful for any public vehicle to stand waiting employment upon any public street or public property within the corporate limits of the City of Fort Worth, but shall stand and remain, except while in the immediate act of discharging or taking on passengers, ORDIKUCE NO. 1731 Page No.6.o upon and within private depots and grounds upon private premises. SECTION 10. CRUISING PROHIBITED. No owner, employee, or other person in behalf of the owner or operator of any public vehicle shall solicit by word, signal or otherwise patronabe for such public vehicle on any street or public property or sidewalk of the City of Fort Worth, and public vehicles are prohibited from cruising, seeking employment or in any manner soliciting by word, signal or otherwise, patronage for such vehicles while in operation or in use upon any public street or public property, except that the owner, employe or other person in behalf of the owner or operator of any public vehicle shall have the right to stop such public vehiclss, while telephoning the office of the operator, at points where established telephone boxes are located, where such tele- phones are installed to be used by the drivers and the owner, employe or other person in behalf of the owner or opelator of such public vehicle for the purpose of relaying taxicab cells, For violation of this pro- vision both the owner and driver of such vehicle shall be fined not lose than $10.00 nor more than $100.00 for each offense* SECTION 11, OFFENSES AGAINST PUBLIC VEHICLES AND TMH OWNERS AND OPERWTRS, USE OF Tums sTAXIN OR TAXICABS" OR *FOB-HIRE CARN OR "roar HIRE AUTOMOBILE". No person, firm or corporation shall use the terms "taxi" or"taxicab"or "for-hire" automobile or "for-hire cars, or "auto rental" in W advertising or hold themselves out as a taxicab or for-hire automobile company or operator, or represent themselves to be such by means of advertisements, signs, trade names, or otherwise, unless they have previously thereto complied with the conditions, regulations and restrictions pro- scribed by this ordinance. The distinction by this Ordinance made between taxicabs and for-hire automobiles shall be maintained in such advertisements, signs, trade names and other devices. SECTION 12. PINUTY. For any violation of any of the provi#ions of this Ordinance, for which no penalty is elsewhere herein prescribed, the offender shall be fined not to exceed Two Hundred ($200.00) Dollars. ORDINANCE NO. 1731 Page No. 7. SECTION 13, CERTAIN VEHICLES EXCEPTED. Nothing in this Ordinance shall be construed to affect motor buses operating on fixed routes and upon fixed schedules of time and fare, specially chartered buses, sight- seeing buses, driverless cars, or motor buses owned and operated by any street railway company under authority of the general laws of the State of Texas. SECTION 14, This Ordinance is adopted under the general police power granted to the City by its Charter. It is not intended hereby to grant or offer any franchise, but as donated by the title of this Ordinance, it is intended to regulate the operation of public vehicles in the City of Fort North. If any section or sections, provision or provisions, or any part or parts of this Ordinance be declared invalid, the same shall cease to be operative, but the remainder of the Ordinance and of every section and provision or part or parts thereof not "so declared invalid shall continue to be in full force and effect. APPROVED AS TO FOAU a/s R.E,Rouer City Attorney Adopted October 7, 1931