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HomeMy WebLinkAboutOrdinance 14886ORDINANCE NO / ~~~ AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER 34, "VEHICLES FOR HIRE" AS FOLLOWS: ARTICLE IV., "TAXICABS," AMENDING THE ENTIRE ARTICLE BY CHANGING "SUPERVISOR OF PUBLIC UTILITIES" TO "GROUND TRANSPORTATION COORDINATOR"; SECTION 34-111 , "DEFINITIONS" IS AMENDED BY THE ADDITION OF DEFINITIONS FOR "DEFENSIVE DRIVING COURSE" AND "HEARING OFFICER"; BY THE. ADDITION SECTION 34-111.1, PROVIDING THAT THE DIRECTOR OF MUNICIPAL COURT WILL ENFORCE THE PROVISIONS OF THIS ARTICLE, SECTION 34- 118, "SUSPENSION OR REVOCATION OF THE GRANT OF PRIVILEGE" PROVIDING THAT THE CITY MANAGER MAY SUSPEND THE GRANT OF PRIVILEGE FOR UP TO THIRTY DAYS WITHOUT NOTICE WHEN THE GENERAL WELFARE OF THE CITIZEN REQUIRE SUSPENSION AND PROVIDING THAT THE CITY COUNCIL MAY LESSEN OR TERMINATE SUCH PERIOD AND PROVIDING THAT IF A GRANT OF PRIVILEGE IS REVOKED, THE PRIVILEGE HOLDER CANNOT APPLY FOR A NEW GRANT FOR TWO YEAR5 SECTION 34-119 "FEE; WHEN FEE PAYABLE," PROVIDING THE LICENSE FEE FOR TAXICABS, SECTION 34- 122"RATES, POSTING" PROVIDING THAT THE CITY SHALL PROVIDE RATE PLACARDS AT THE TIME OF INITIAL PERMITTING AND WHEN RATES ARE CHANGED; SECTION 34-124 "INSPECTION AND TEST FOR TAXIMETERS" PROVIDING THAT A TAXIMETER WITH A BROKEN OR REMOVED SEAL MAY NOT BE PLACED IN SERVICE UNTIL IT IS REINSPECTED AND PROVIDING A TEN DOLLAR INSPECTION FEE, SECTION 34-126 "PAYMENT OF FARE, REFUSAL TO CARRY PASSENGERS; EXCESS FARE PROHIBITED, NONPAYMENT OF FARE" DELETING THE PROVISION ALLOWING DEMAND FOR PAYMENT BEFORE PICKING UP A PASSENGER, SECTION 34-129 "PRIVILEGE HOLDER RESPONSIBLE FOR OPERATION OF TAXICABS AND POLICIES RELATING THERETO " PROVIDING THAT A VIOLATION OF THIS SECTION SHALL BE GROUNDS FOR REVOCATION OF A HOLDER'S GRANT FOR UP TO TWO YEARS; SECTION 34-131 "DRESS STANDARDS FOR DRIVERS" PROVIDING THAT A VIOLATION OF THE SECTION SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION OF THE DRIVER'S PERMIT, SECTION 34-134 "TAXICAB DRIVERS PERMIT REQUIRED; APPLICATION AND INFORMATION; QUALIFICATIONS; ISSUANCE; FEE, TERM" PROVIDING THAT ATWENTY-FIVE NONREFUNDABLE FEE MUST ACCOMPANY A APPLICATION FOR A DRIVER'S PERMIT AND THAT AN APPLICANT MUST COMPLETE A DEFENSIVE DRIVING COURSE WITHIN SIX MONTHS OF APPLYING FOR A 1 PERMIT; SECTION 34-135 "GROUNDS FOR DENIAL; EXPIRATION, CHANGE OF ADDRESS; TELEPHONE NUMBER AND EMPLOYMENT" PROVIDING THAT IF A DRIVER CHANGES GRANT HOLDERS, THE DRIVER MUST SUBMIT A NEW APPLICATION AND PAY A TEN DOLLAR FEE AND PROVIDING THAT A REPLACEMENT PERMIT SHALL COST FIVE DOLLARS; SECTION 34-137 "SUSPENSION OR REVOCATION OF A TAXICAB PERMIT" BY PROVIDING THE PROCESS OF SUSPENSION, SECTION 34-138 "APPEAL FROM DENIAL, SUSPENSION, OR REVOCATION" PROVIDING THAT A AN APPEAL OF A SUSPENSION, DENIAL OR REVOCATION OF A TAXICAB DRIVER'S PERMIT SHALL BE HEARD BEFORE A HEARING OFFICER, SECTION 34-139 "INSPECTION OF TAXICABS" PROVIDING THAT THE TAXICAB DECAL MUST BE PLACED ON THE RIGHT SIDE OF THE REAR WINDOW AND THAT IT SHALL BE GROUNDS FOR SUSPENSION OR REVOCATION IF THE HOLDER FAILS TO MAKE THE TAXICAB AVAILABLE FOR INSPECTION AND THAT THE FEE FOR INSPECTION SHALL BE TWENTY-FIVE DOLLARS; SECTION34-143 "REPRESENTATION OF AVAILABILITY OF A TAXICAB" PROVIDING THAT IT IS GROUNDS FOR SUSPENSION IF A TAXICAB DRIVER REPRESENTS THAT HIS TAXICAB IS ENGAGED WHEN THE TAXICAB IS VACANT OR NOT ENGAGED, SECTION 34-144 "PASSENGER LIMITATIONS" PROVIDING THAT A DRIVER MAY NOT CARRY MORE PASSENGERS THAN THE DESIGNATED SEATING ALLOWS, SECTION 34-147 "INSURANCE" PROVIDING NEW INSURANCE REQUIREMENTS; BY THE ADDITION OF SECTION 34-148 "TAXICAB DECALS" BY PROVIDING THAT TAXICAB OPERATING IN THE CITY MUST HAVE A TAXICAB DECAL, SECTION 34-149 "RETURN OF PASSENGER'S PROPERTY" PROVIDING THAT A PASSENGER'S PROPERTY MUST BE RETURNED AND THAT THE HOLDER MUST MAKE A GOOD FAITH EFFORT TO RETURN THE PROPERTY AND MUST HOLD THE PROPERTY FOR THIRTY DAYS; BY THE ADDITION OF SECTION 34-150 "VIOLATIONS AND PENALTIES" BY PROVIDING THAT A VIOLATION OF ANY PROVISION OF THIS ARTICLE SHALL UPON CONVICTION BE FINED IN AN AMOUNT NOT MORE THAN TWO HUNDRED DOLLARS, PROVIDING THAT THIS ORDINANCE IS CUMULATIVE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A FINE OF UP TO $200 FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS• SECTION 1. 2 That the Code of the City of Fort Worth (1986), as amended, is amended by the amendment of Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," Section 34-111, "Definitions," is amended by the addition of the following definitions. "Defensive Driving Course means a Driving Safety Course as provided m the Texas Transportation Code Hearing Officer means the person who is appointed by the city council to act as the Hearing Officer m Municipal Court:" Further, Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," is further amended by the addition of Section 34-111 1 "Enforcement" and shall hereafter read as follows "Sec 34-111 1 Enforcement (a) The Director of Municipal Courts or his or her designee is authorized to issue citations for violations of this article. (b) The Ground Transportation Coordmator is primarily responsible for the enforcement of this Article (c) The Ground Transportation Coordmator shall investigate complaints and is authonzed to issue warnings and citations to persons violating this Article." Further, Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," is further amended m Section 34- 118 "Suspension or Revocation" by the amendment of the title to "Suspension or Revocation of the Grant of Privilege" and the section is also amended and shall hereafter read as follows "Sec 34-118 Suspension or Revocation of the Grant of Privilege. (a) If for any reason the city manager deems that the general welfare of the citizens requires suspension of the grant of privilege or that the best interest of the city will be served by the suspension of the grant of privilege, the city manager, without any notice to the holder thereof, may suspend for any period up to but not exceeding thirty (30) days any grant of privilege made under the terms of this article. In the event of such a suspension, then from and after the time of such suspension, and for the duration of such suspension, the grant shall be of no force and effect and the holder thereof shall not be authorized to operate taxicabs in the city For good cause, the city council may, by formal action, lessen or terminate any such period of suspension. 3 (b) If the holder of any grant violates any provision of this ordmance, or if the financial position of such holder shall reach such a condition that the city council does not deem the holder able to pay in full reasonable claims for damages which might be legally established and confirmed, or if for good and sufficient reason the general welfare of the citizens or the best interests of the city will best be served by such action, the city council may, after a hearing as set out in subsection (c), revoke, repeal and cancel any grant of privilege made to such holder under the terms of this article In the event of such revocation, repeal and cancellation, such grant shall be thereafter completely null and void and of no further force and effect. A holder of a grant of privilege that has been revoked cannot apply for a grant of privilege for two years. (c) The hearing specified m subsection (b) shall not be held until notice of the heanng has been given to the holder of the grant in question by registered mail addressed to the holder at the address shown on the records of the city and a period of at least five (5) days has elapsed since the mailing of such notice. Further, such notice shall specify the time and place of the hearing and shall list the reasons for the revocation and cancellation of such grant. The holder of the grant in question shall be allowed to be present at the hearing, which shall be public, and shall be .allowed to be represented by counsel. The holder shall have full opportunity to disprove any and all charges and allegations set out against him or his operations m the notice The hearing may be conducted by the city council or by any agent, employee or representative designated by it. If conducted by an agent, employee or representative, then, upon approval and adoption of the city council of findings of fact made by the person conducting such heanng, the findings of fact so approved and adopted shall be and become the findings of the city council. If the findings of fact made after such a heanng show that holder has violated this ordmance, or is unable to pay m full reasonable claims for damages which might be asserted, or that for any reason the general welfare of the citizens or the best interests of the city will be served by such action, then the city council shall revoke, repeal and cancel the grant of privilege Further, Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," is further amended by the amendment of Section 34-119 "Fee, when payable" and such section shall hereafter read as follows "Sec 34-119 Fee, when fee payable. (a) As compensation or rental or license fee for the privilege of operating upon and using the public streets, alleys and thoroughfares of the city in conducting and carrying on the business of transporting passengers for compensation on and over such streets and thoroughfares in taxicabs, each holder of a grant of privilege made under the terms of this article shall pay 4 to the city at the office of the Ground Transportation Coordinator, on or before January 1 of each calendar year during which the grant is in effect, an annual "street rental" fee for each taxicab which the holder is authorized to operate under the grant of privilege as follows- 1) The street rental fee will be equal to two hundred dollars ($200 00) for each taxicab that the holder is authorized to operate under his grant of privilege that runs exclusively on alternative fuel (Alternative Fuel Vehicle) 2) The street rental fee will be equal to three hundred dollars ($300 00) for each taxicab that the holder is authorized to operate under his grant of privilege that does not run exclusively on alternate fuel. (b) The fees provided for m this section shall be m lieu of all other fees to be paid by taxicab operators under or imposed by any other ordinance now in force, but shall not be construed to be m lieu of any validly assessed ad valorem taxes. (c) In the event the grant of privilege begins or ends on a date other than January 1, then the annual payment to the city shall be prorated on the basis of seventy-five dollars ($75 00) per non-alternative fuel vehicle and fifty dollars ($50 00) per alternative fuel vehicle per quarter of a year during which the grant of privilege is m effect." Further, Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," is further amended by the amendment of Section 34-120 "Annual report and additional information required" and such section shall hereafter read as follows "Sec 34-120 Annual report and additional information required. (a) Each holder of a grant of privilege shall file with the Ground Transportation Coordinator an annual report showing the average number of taxicabs operated daily during the previous calendar year (b) Additional information may be requested by the Ground Transportation Coordinator The request may include, but is not hmrted to, information relating to written complaints received by the holder, average calls per day dispatched and available taxicabs not operated, number of damage or m~ury claims filed against the holder, number of claims settled by the holder, and number of lawsuits pending against the holder arising out of his taxicab operations under the grant of privilege " 5 Further, Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," is further amended by the amendment of Section 34-121 "Suspension of grant of privilege for failure to make report or to pay fees" and such section shall hereafter read as follows "Sec 34-121 Suspension of grant of privilege for failure to make report or to pay fees Annual fees are due on or before the first day of January of each year Annual reports are due on or before the 31st day of January of each year Upon failure of the Ground Transportation Coordinator to receive a report or fees when due, the Coordinator shall notify the grant holder by certified letter If the report and fees have not been received within five (5) business days from the date of receipt of such letter, the Ground Transportation Coordinator shall report this fact to the city council, and the city council may by ordinance suspend the grant, and such suspension shall continue and be m full force and effect until rt shall be reported to the city council by the Ground Transportation Coordinator at a regular meeting that such omission or default has been corrected and the city council adopts an ordinance removing such suspension. Prior to consideration by the city council of the ordinance removing the suspension, the grant holder shall pay to the city a nonrefundable reinstatement fee of three hundred dollars ($300 00) " Further, Chapter 34, "Vehicles for Hire," Article N, "Taxicabs," is further amended by the amendment of Section 34-122 "Rate, posting" and such section shall hereafter read as follows "Sec 34-122 Rates, posting. (a) The maximum meter rate to be charged by all taxicab drivers m the city shall be established by the city council from time to time. (b) A holder may authorize a dnver to make a flat rate charge for a trip to a destination, provided that such flat rate is either agreed to m writing with the passenger or responsible paying party or the flat rate is established prior to trip commencement and the rate is not m excess of the maximum meter rate. (c) There shall be no additional charge made for ordinary luggage or ordinary bags or ordinary parcels being carried by such passenger or passengers. It shall be unlawful for any dnver of a taxicab to demand or receive a fee or charge for taxicab service m excess of the rates established by the city council from tzme to time However, nothing m this section shall be construed as requiring a taxicab to carry trunks, very large packages, very large parcels or articles or objects likely to inure the taxicab dnver or damage the taxicab, rt being the intent of this section that there be no additional charge made for any ordinary parcels or baggage 6 (d) Each taxicab operated m the city shall have affixed thereto at a location m plain view of any passenger therein a placard setting out the maximum rates for taxicab service, as provided m the schedule of rates established by the city council from time to lime, and such legal rates shall be readily visible to and legible by any occupant of such taxicab The City shall provide said placard at time of initial permitting of each taxicab and will provide to the holder updated placards any time rates are changed. Replacement placards shall be five dollars (e) A violation of this section shall be grounds for revocation or suspension of the taxicab driver's permit." Further, Chapter 34, "Vehicles for Hire," Article 1V, "Taxicabs," is further amended by the amendment of Section 34-123 "Taximeters required" and such section shall hereafter read as follows "Sec 34-123 Taximeters required. It shall be unlawful for any grant of privilege holder, owner, operator or driver of any taxicab to operate or allow or cause to be operated or driven any taxicab on the streets of the city unless the same is equipped with a taximeter approved by the city and calibrated for the computation of fares at rates approved by the city It shall be the duty of every holder, owner, operator or driver using any taximeter to keep the same accurate at all times, and the failure to do so shall constitute a violation of this article." Further, Chapter 34, "Vehicles for Hire," Article 1V, "Taxicabs," is further amended by the amendment of Section 34-124 "Inspection and tests of taximeters" and such section shall hereafter read as follows "Sec 34-124 Inspections and tests of taximeters. (a) All taximeters shall be subject to inspection and testing at any time by the city It shall be a violation of this article for any person to delay, interfere with or refuse to permit such inspection. Any taximeter found not to conform to the standards and tolerances provided for m this article shall not be approved by the city and shall be ordered out of service. The city shall make or cause to be made, at least every twelve (12) months, inspections and tests of the taximeters to insure their compliance with this article. The city shall maintain a record of each test of a taximeter and shall provide the holder a copy of same Once a taximeter is inspected and 7 approved, it shall be sealed. Should a taximeter seal be removed or broken for any reason, the holder shall advise the Ground Transportation Coordinator who shall cause the taximeter to be reinspected and sealed. Until the taximeter is reinspected, the taxicab shall not be placed back into service. If the Ground Transportation Coordinator discovers a removed or broken taximeter seal during inspection, the taxicab shall not be placed back into service until the taximeter is reinspected. After the seal is replaced or repaired, the holder shall have vehicle reinspected and pay a $10 00 reinspection fee. (b) A taximeter that has been inspected by either the City of Fort Worth, the City of Dallas or the Dallas/Fort Worth International Airport complies with this section, however, the city has the right to inspect the taximeter m taxicabs wrthm the city at any time." Furtr~er, Chapter 34, "Vehzcles for Hire," Article IV, "Taxicabs," is further amended by the amendment of Section 34-126 "Payment of fare; refusal to carry passengers, excess fare prohibited, nonpayment of fare" and such section shall hereafter read as follows "Sec 34-126 Payment of fare, refusal to carry passengers, excess fare prohibited, nonpayment of fare (a) No driver of a taxicab shall refuse or neglect to convey any person or persons upon request to any place wrthm the city unless (1) The person is disorderly; (2) The driver is engaged m answering a previous request for service; (3) Another dnver has answered the dispatched call and ~s m route; (4) The driver has reason to believe that the person is engaged m unlawful conduct; or (5) The driver is m reasonable fear of his personal safety (b) While operating a taxicab, a dnver shall respond to service when the location for pick-up is wrthm a reasonable distance from the location of the taxicab (c) If demanded by any passenger, the driver of a taxicab shall deliver to the person paying the fare at the time of such payment a receipt therefore m legible type or writing, either mechanically panted or by a specially prepared receipt, containing the taxicab company name, taxicab number, 8 driver name, any items for which a charge is made, the total amount paid and the date of payment. (d) A driver shall carry a passenger to his destination by the most direct route available, unless otherwise directed by the passenger (e) It shall be unlawful for any passenger to refuse to pay the legal fare of any taxicab after having hired the same, and rt shall be unlawful for any person to hire a taxicab with the intent to defraud the operator of the taxicab of the fare for such service Failure to pay the legal fare shall be presumptive of intent to defraud. (f) Any violation of subsections (a), (b), (c), or (d) shall be grounds for revocation or suspension of the taxicab driver's permit." Further, Chapter 34, "Vehicles for Hire," Article 1V, "Taxicabs," is further amended by the amendment of Section 34-127 "Sohcrtmg prohibited, cruising permitted" and such section shall hereafter read as follows "Sec 34-127 Sohcrtmg prohibited, cruising permitted. (a) It shall be unlawful for any taxicab driver to sohcrt by word, signal, sign or payment to a third party to sohcrt passengers for such taxicab upon any public street of the city Nothing herein shall be construed as prohibiting a taxicab driver from stopping for the purpose of picking up a passenger who has hailed the driver (b) Taxicabs located at taxicab stands shall tine 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. (c) Cruising is permitted." Further, Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," is further amended by the amendment of Section 34-128 "Fixed place of business required, location approval, taxicab stands" and such section shall hereafter read as follows "Sec 34-128 Fixed place of business required, location approval, taxicab stands. 9 (a) Every holder of a grant of privilege made under the terms of this article shall maintain a place of business within the city limits at a location to be approved by the chief of police. The chief of police shall approve the proposed location unless m his opinion the installation of a taxi business at such location would create a traffic hazard, or unless the general welfare of the citizens of the city would be best served by not having a taxi business located at such a place, provided, however, that no taxz business location shall be located at any place m the city if other ordinances of the city prohibit the location of such business at such place. In addition to his principal fixed place of business, the operator of a taxicab business may have taxicab stands or call boxes at various locations m the city; provided, that such locations be first approved by the chief of pohce, and provided that such a use of such proposed locations ~s not in violation of any ordinance of the city (b) Vehicles operated under the terms of this article shall be known as "public service vehicles," and permits may be issued to the grantee allowing any such vehicles, while awaiting employment, to stand at certain designated places upon the streets of the city Additional locations may be granted upon proper application being filed,. and the issuance of such permit or permits shall remain m the absolute discretion of the chief of pohce, who shall determine the public interest m the establishment of such stand, or stands, as petitioned for, as well as the number of vehicles which shall be authorized to occupy the same at any one time, together with such other reasonable regulations thereof as he may determine proper, which regulation shall require the operator of each such vehicle to remain m his vehicle m the proper driver's position or adjacent to the cab at curbside while occupying such 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. The stands hereby authorized are subject to the control of the chief of pohce and subject to change at his will. Each of such stands shall be marked and properly designated under the supervision of the chief of pohce or the traffic engineer and, insofar as is practicable, shall be located so as to permit the use of presently established loading or unloading zones by public service vehicles as described herein. The chief of pohce or traffic engineer may establish temporary taxicab stands for special events and functions where street access may be hmrted and the good of the public is best served by such temporary placement of stands. (c) The driver of the taxicab shall remain within 25 feet of his or her taxicab while occupying a taxicab stand. A taxicab driver shall not obstruct entrances or passageways of any sidewalk or building." 10 Further, Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," is further amended by the amendment of Section 34-129 "Privilege holder responsible for operation of taxicabs and policies relating thereto" and such section shall hereafter read as follows "Sec 34-129 Privilege holder responsible for operation of taxicabs and policies relating thereto (a) A privilege holder shall establish a written policy and take action to discourage, prevent and correct violations of this article by drivers of taxicabs operating under the holder's grant of privilege. (b) A holder shall not allow a driver to operate a taxicab if the holder 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) In the operation of a taxicab service, a holder shall comply with the terms and conditions of the holder's operating authority, and shall comply with this article and other laws applicable to the operation of a taxicab service (d) Any violation of this section shall be grounds for revocation of holder's grant not exceeding more than two years." Further, Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," is further amended by the amendment of Section 34-130 "Driver's responsibilities and dunes m operation of a taxicab" and such section shall hereafter read as follows "Sec 34-130 Driver's responsibilities and duties m operation of a taxicab (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 m this state, and the policies and procedures issued by the holder m connection with the holder's discharging of his duties under its operating authority and this article. In addition, a driver shall (1) Conduct himself m a reasonable, prudent and courteous manner; (2) Mamtam a sanitary and well-groomed appearance; (3) Not respond to a dispatch call assigned to another driver; 11 (4) Not consume alcoholic beverages, drugs or other substances which could affect his or her ability to safely drive a motor vehicle, (5) Not possess any device designed to receive the frequency of a taxicab company other than the company for whom he is driving, and not respond to a call for service dispatched by another company; and (6) Not operate a taxicab for more than twelve (12) hours within a twenty-four (24) hour period. (b) Any violation of this section shall be grounds for the revocation or suspension of a taxicab driver's permit. (c) The Ground Transportation Coordinator and any peace officer of the police department may conduct inspections of the driver and taxicab to ensure compliance with this section." Further, Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," is further amended by the amendment of Section 34-131 "Dress standards for drivers" and such section shall hereafter read as follows "Sec 34-131 Dress standards for drivers (a) Each holder of a privilege shall establish and enforce company dress standards for rts drivers. In addition to the standards adopted by the holder (1) A driver shall not wear a. Tailored shorts more than two (2) inches above the knee, nor wear cutoffs, beach or shower thongs, b Apparel with offensive or suggestive language, c Tank tops or halter-tops, d. Outer apparel made of fishnet or undergarment material, and e Pants or deans with holes, or hems that are frayed or drag the ground. (2) A driver shall wear 12 a. Clean and pressed shirts or blouses with a collar, such as sports or dress shirts or polo-type shirts. b Jeans, dress or sport slacks. c Clean and pressed shorts or skirts that are no more than two (2) inches above the knee. (3) Shoes with closed heels and toes must be worn at all times in the manner for which they were designed. Socks or hosiery must be worn. (4) A driver and the driver's clothing must conform to basic standards for hygiene and be neat, clean and samtary at all times, as well as comply with such other dress requirements imposed by the grant holder for whom the drover is operating a taxicab (b) Any violation of this section shall be grounds for suspension or revocation of the taxicab driver's permit." Further, Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," is further amended by the amendment of Section 34-134 "Taxicab drivers permit required, application and information, qualifications, issuance; fee, term" and such section shall hereafter read as follows "Sec 34-134 Taxicab drivers permit required, application and information, qualifications, issuance; fee, term. (a) It shall be unlawful for any person to drive a taxicab in the city without having first obtained a taxicab driver's permit from the Ground Transportation Coordinator (b) A written application for such a permit shall be filed with a non- refundable twenty-five dollar application fee, and shall be upon a form obtained from the Ground Transportation Coordinator containing, among other matters, the following information. (1) The experience of the applicant m driving motor vehicles, including public vehicles, (2) Whether or not the applicant has ever been convicted of a violation of any federal, state or mumcipal law and, if so, the particulars of each violation of which the applicant has been convicted, 13 (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 taxicab operator for whom the driver proposes to drive; (5) And such other additional information as the Ground Transportation Coordinator may prescribe on the form. (c) The application shall be accompanied by at least two (2) photographs of the applicant taken wrthm the immediately preceding three (3) months, and proof showing that the applicant completed a Defensive Dnvmg Course wrthm the last six months. (d) The Ground Transportation Coordinator shall make such additional investigation of the applicant as he deems necessary to ascertain whether or not he is a fit and proper person to drive a taxicab m the city If the Ground Transportation Coordinator is satisfied that the applicant is a fit and proper person to drive a taxicab m the city, then, the Ground Transportation Coordinator shall cause to be issued to such applicant a permit to dnve taxicabs m the city The term of any such permit shall one year from the date of its issue. The permit may be renewed each year by filing a new application and paying a fee of twenty-five dollars ($25 00) (e) To qualify for a taxicab driver's permit, a person must: (1) Be at least nineteen (19) years of age, (2) Be a legal resident of the United States, (3) Hold a valid operator's license issued by the State of Texas, (4) Be able to communicate m the English language; (5) Not be afflicted with a physical or mental disease or disability that is likely to prevent the person from exercising ordinary and reasonable control over a motor vehicle or that is likely to otherwise endanger the public health or safety; (6) Not have been convicted of more than three (3) moving traffic violations ansmg out of separate transactions, or involved m more than two (2) automobile accidents m which rt could be reasonably determined that the applicant was at fault, wrthm any twelve- month period during the preceding thirty-six (36) months, 14 (7) Not be under indictment or have been convicted for any felony or any came involving theft, prostitution, promotion of prostitution, public lewdness, a sexual offense, or adrug-related offense, unless five (5) years have elapsed since the date of termination of any sentence, parole or probation, (8) Not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated or under the influence of drugs wrthm the preceding twenty-four (24) months, or more than one time within the preceding seven (7) years, (9) Not have criminal charges pending for the offense of driving while intoxicated or while under the influence of drugs, (10) Not be addicted to the use of alcohol or narcotics, (11) Not be subject to any outstanding warrants of arrest; and (12) Be recommended by the grant holder for whom the person proposes to drive a taxicab Within 48 hours a grant holder shall notify the Ground Transportation Office if the holder withdraws its recommendation. A driver may not apply for a permit without the recommendation of a grant of privilege holder (f) Before the applicant is issued a permit to drove a taxicab, he or she shall submit to a physical examination at the applicant's expense by a reputable licensed physician who is an active member in good standing with the Tarrant County Medical Society or the Tarrant County Osteopathic Society The apphcant shall furnish to the Ground Transportation Coordinator's Office a statement from the physician that certifies that the physician has examined the apphcant wrthm the last ninety (90) days and that, m the physician's professional opinion, the apphcant is qualified under subparagraphs e(5) and e(10)of this section. (g) In order to be eligible to receive a taxicab driver's permit, a qualified apphcant must successfully complete a training course as determined by the Ground Transportation Coordinator and pass a written examination administered by the Ground Transportation Coordinator or his or her designee." Further, Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," is further amended by the amendment of Section 34-135 "Grounds for denial, expiration, change of address, telephone number and employment" and such section shall hereafter read as follows 15 "Sec 34-135 Grounds for denial, expiration, change of address, telephone number and employment. (a) The Ground Transportation Coordinator shall deny the application for a taxicab driver permit if the Ground Transportation Coordinator determines that the applicant. (1) Is not qualified under section 34-134, (2) Is not physically or mentally able to safely operate a motor vehicle, (3) Fails or refuses to furnish the photographs or a Defensive Dnvmg Certificate as required m Section 34-134, (4) Knowingly makes a false statement of a material fact m the application for a taxicab driver's permit; or (5) Refuses to submit to or does not pass the medical examination required by section 34-134 or fails to furnish the statement required therein. (b) If the Ground Transportation Coordinator determines that a permit should be denied he shall notify the applicant m writing that the application is denied, and the reason for denial and that the applicant has the right of appeal. The action of the Ground Transportation Coordinator is final unless a timely appeal is made. (c) Any person issued a taxicab driver's permit shall maintain a current address and telephone number on file with the Ground Transportation Office The holder of a permit shall notify the Ground Transportation Office of any changes m his address or telephone number within five (5) days of the change (d) If a driver changes grant holders for whom he is driving so that he will be driving for a different grant holder within the city, he shall submit a new application to the Ground Transportation Coordinator's office within five (5) days of the change and shall pay a $10 00 fee. (e) If a taxicab driver loses his or her permit, permitted driver shall pay a $5 00 replacement fee." 16 Further, Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," is further amended by the amendment of Section 34-136 "Display; falsification, dnvmg without a permit" and such section shall hereafter read as follows "Sec 34-136 Display; falsification, dnvmg without a permit. (a) The taxicab driver shall prominently display his permit m a clear plastic badge attached to the dnver's upper outer clothing. The taxicab dnver shall also prominently display his or her color picture no smaller than 3" by 3" on the front dashboard of the taxicab (b) A person commits an offense if he (1) Forges, alters or counterfeits a taxicab dnver's penn~t, badge, sticker or emblem required by this article; (2) Possesses a forged, altered or counterfeited taxicab driver's permit, badge, sticker or emblem required by this article, (3} Operates or allows the operation of a taxicab without an approved taxicab driver's permit., or (4) Fads to allow the Ground Transportation Coordinator or a peace officer to examine his taxicab dnver's permit upon demand. (c) A taxicab dnver's permit may be suspended or revoked for any violation of this section." Further, Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," is further amended m Section 34- 137 "Revocation" by amending the title to "Suspension or Revocation of a Taxicab Permit" and by the amendment of the section and such section shall hereafter read as follows "Sec 34-137 Suspension or Revocation of a Taxicab Permit. (a) The Ground Transportation Coordinator, upon notice and hearing, may revoke the permit of any taxicab driver on any of the following grounds (1) The permit holder is not qualified under section 34-134, (2) The permit holder has violated or failed to comply with any other provision or requirement of this article, or 17 (3) The permit holder has made a false statement or representation of a material fact on the permit application submitted to the Ground Transportation Coordinator (b) If the Ground Transportation Coordinator revokes a permit, he shall send by registered mail addressed to the permit holder written notice of his action, the reason for the revocation, and that the applicant has. the right of appeal. The decision of the Ground Transportation Coordinator is final unless a timely appeal is made (c) After receipt of notice of revocation, the permit holder shall immediately discontinue driving a taxicab for hire within the city and shall surrender his taxicab driver's permit to the Ground Transportation Coordinator (d) The Ground Transportation Coordinator upon notice and hearing may suspend the permit of any taxicab driver for up to thirty (30) days on any of the following grounds (1) The permit holder has violated or failed to comply with section 34- 130, 34-131, 34-132, 34-135, or 34-136,. or (2) The permit holder has violated or failed to comply with any other provision or requirement of this article. (e) A driver whose permit has been revoked or suspended may not operate under any holder of a grant of privilege during the period of revocation or suspension." Further, Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," ys further amended by the amendment of Section 34-138 "Appeal from denial, suspension, or revocation" and such section shall hereafter read as follows "Sec 34-138 Appeal from denial, suspension, or revocation. (a) A person may appeal a denial, suspension or revocation of a taxicab driver's permit by requesting an appeal, m writing, delivered to the hearing officer not more than ten (10) busyness days after notice of the action of the Ground Transportation Coordinator is received by the applicant. (b) The hearing officer shall give the appealing party an opportunity to present evidence and make argument m his or her behalf. The formal rules of evidence shall not apply to an appeal hearing under this section, and the hearing officer shall make his ruling on the basis of a preponderance of the 18 evidence presented at the hearing. Continued sponsorship by the grant holder is a prerequisite for consideration of an appeal. (c) The heanng officer may affirm, modify or reverse all or part of the action of the Ground Transportation Coordinator being appealed. The decision of the hearing officer is final and incontestable " Further, Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," is further amended by the amendment of Section 34-139 "Inspection of taxicabs" and such section shall hereafter read as follows "Sec 34-139 Inspection of taxicabs (a) No taxicab shall be dnven or operated upon the streets of the city unless the same conforms to the minimum safety standards established herein and has a valid inspection decal issued by the city (b) Minimum safety standards shall be equal to those standards adopted by the Dallas/Fort Worth International Airport, as they may change from time to time (c) The city shall inspect or cause to have inspected each taxicab two (2) times per year If the taxicab passes such inspection, the city shall issue a decal to be displayed on the right side of the rear window (d) Taxicabs bearing a current mspechon decal issued by the Dallas/Fort Worth International Airport may be issued a city safety decal without further inspection. (e) If the operation of any taxicab is found not to comply with the requirements of this section, the city manager, designated city official or any police officer may direct that vehicle to be taken out of service until there is installation of the required safety-related items, or be given a specific time for the non-safety items to be corrected and presented for re- .inspection. (f) Taxicab operators, owners and privilege holders shall conduct periodic inspections of taxicabs, but not less than monthly, to insure compliance of all minimum requirements. (g) Any sworn or designated civilian member of the police department, Deputy City Marshall or Ground Transportation Coordinator may conduct 19 inspections of the dnver and taxicab to ensure compliance with this section. (h) It shall be grounds of suspension or revocation of a taxicab driver's permit or a holder's grant of privilege if he or she fails to make a taxicab available for inspection. (i) A holder shall pay a $25 00 fee per vehicle inspection. (j) The Ground Transportation Coordinator may cause a decal to be removed from a taxicab that fails to meet the minimum standards for appearance, condition, age or equipment. (k) A person commits an offense if the person operates a taxicab m the City without obtaining a taxicab decal from the Ground Transportation Coordinator " Further, Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," is further amended by the amendment of Section 34-143 "Representation of availability of a taxicab" and such section shall hereafter read as follows "Sec 34-143 Representation of availability of a taxicab (a) A driver may not represent that his taxicab is engaged when m fact vacant, or vacant when m fact engaged. (b) A violation of this section is grounds for the suspension of the driver's permit." Further, Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," is further amended by the amendment of Section 34-144 "Passenger limitations" and such section shall hereafter read as follows "Sec 34-144 Passenger limitations. (a) While operating a taxicab, a dnver may carry only a person who is a paying passenger unless the passenger is an employee of the franchise holder for whom the dnver is driving. (b) A driver may not carry more passengers than the designated seating allows m the taxicab 20 (c) A violation of this section is grounds for the suspension of the driver's permit. Further, Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," is further amended by the amendment of Section 34-147 "Insurance" and such section shall hereafter read as follows "Sec 34-147 Insurance (a) As a condition to the issuance of a grant of privilege and the continued operation thereunder, a grant holder shall maintain in force during the authorized period of its operating authority the amount and character of insurance coverage for taxicabs as established by the city council from time to time The operating authority will not be granted, renewed or continued unless the applicant or holder furnishes the city with a copy of the policy together with all endorsements (b) The minimum insurance required under this section must: (1) Be carved with an insurance company rated at least "A" by A.M. Best and be authorized to do business m this state, (2) Limit the deductible to no greater than one thousand dollars ($1,000 00) per occurrence, (3) The policy shall be written on an occurrence basis. (4) Cover any and all vehicles and drivers in the holder's fleet, and all drivers of such vehicles, (5) Be acceptable to the city's risk management department; (6) Name the City of Fort Worth as an additional insured, (7) Provide minimum coverage m an amount no less than one million dollars ($1,000,000 00) combined single limit liability (CSL) per occurrence, and (8) All claims will be paid on First dollars basis by the insurance provider (c) All taxicab 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 m the policy 21 (d) The city council, m its discretion, may from time to time require msurance coverage of a different kind or a greater amount, and upon such city council action, the grant of privilege holder shall be required to modify its insurance coverage to comply with these requirements, and shall furnish to the Ground Transportation Office an msurance binder as evidence that it has acquired such type and amounts of msurance wrthm ten (10) days of the change. The holder shall provide a copy of the policy and with all endorsements wrthm forty-five (45) days of demand from the Ground Transportation Coordinator Further, Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," is further amended by the addition of Section 34-148 "Taxicab Decals" and such section shall hereafter read as follows "Sec 34-148 Taxicab Decals The grant of privilege holder or driver of each taxicab shall obtain from the Ground Transportation Coordinator, a decal that indicates the vehicle has operating authority to operate m the City of Fort Worth. The decal must be attached to the taxicab m a manner and location approved by the Ground Transportation Coordinator " Further, Chapter 34, "Vehicles for Hire," Article 1V, "Taxicabs," is further amended by the addition of Section 34-149 "Return of Passenger's Property" and such section shall hereafter read as follows "Section 34-149 Return of Passenger's Property (a) Upon finding property m a taxicab left by a passenger, the driver shall immediately return the property to the grant holder's lost and found. The grant of privilege holder shall make a good faith effort to contact the owner if known. The property must be held a minimum of thirty (30) days by the grant holder (b) A violation of this section shall be grounds for suspension or revocation of the taxicab driver's permit." Further, Chapter 34, "Vehicles for Hire," Article IV, "Taxicabs," is further amended by the amendment of Section 34-150 "Violations and Penalties" and such section shall hereafter read as follows 22 "Section 34-150 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 two hundred dollars." SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are m direct conflict with the provisions of such ordinances and such Code, m 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 sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent ~unsdiction, such unconstitutionality shall not affect any of the remaimng phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation m this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. 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 orchnance shall be fined not more than Two Hundred Dollars ($200 00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. 23 ~, All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and ali violations of the provisions of the ordinances amended m Section 1, which 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 m 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 6. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Section 4 of this ordinance for two (2) days m the official newspaper of the Crty of Fort Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52 013, Texas Local Government Code. SECTION 7 This ordinance shall be m full force and effect after its passage and publication as required by law, and rt is so ordained. APPROVE~~AS TAM AND LEGALITY ASSISTANTvCITY ATTORNEY DATE 2 a ADOPTED /~// 2/O/ EFFECTIVE ~/~,; f `[~_ 24