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HomeMy WebLinkAboutOrdinance 14125ORDINANCE NO `7`~~J~ AN ORDINANCE AMENDING ARTICLE IV, CHAPTER 34 OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED, BY REPEALING SECTIONS 34-111 THROUGH 34- 147, "TAXICABS", AND SUBSTITUTING IN LIEU THEREOF A NEW ARTICLE IV, "TAXICABS", CONTAINING SECTION 34-111 THROUGH SECTION 34-147 PROVIDING FOR THE REGULATION OF THE OPERATION OF TAXICABS UPON AND ALONG THE CITY STREETS, PROVIDING FOR DEFINITIONS, REQUIRING A GRANT OF PRIVILEGE TO OPERATE TAXICAB SERVICE UPON THE CITY STREETS, REQUIRING THE FILING OF AN APPLICATION AND OTHER INFORMATION WHEN APPLYING FOR A TAXICAB GRANT OF PRIVILEGE, PROVIDING FOR INVESTIGATION OF THE APPLICATION, PRESCRIBING FACTORS TO BE CONSIDERED PRIOR TO ISSUING A GRANT OF PRIVILEGE TO OPERATE A TAXICAB ALONG AND UPON THE STREETS OF THE CITY OF FORT WORTH, REQUIRING CONSENT TO TRANSFER SAID GRANT OF PRIVILEGE, PROVIDING FOR THE SUSPENSION AND REVOCATION OF A GRANT OF PRIVILEGE TO OPERATE TAXICAB SERVICE, PRESCRIBING AND PROVIDING FOR ANNUAL FEES TO BE PAID BY EACH GRANT OF PRIVILEGE HOLDER, REQUIRING AN ANNUAL REPORT TO BE FILED WITH THE PUBLIC UTILITIES.SUPERVISOR, PROVIDING FOR THE SUSPENSION OF A GRANT OF PRIVILEGE FOR FAILURE TO FILE AN ANNUAL REPORT OR TO PAY AN ANNUAL FEE, REQUIRING THE PAYMENT OF FARES AND THE CARRYING OF ALL PERSONS REQUESTING SERVICE EXCEPT IN CERTAIN INSTANCES, REQUIRING A FIXED PLACE OF BUSINESS FOR EACH HOLDER OF A GRANT OF PRIVILEGE, PROVIDING THAT EACH PRIVILEGE HOLDER SHALL BE RESPONSIBLE FOR THE OPERATION OF ITS TAXICABS AND FOR ESTABLISHING A WRITTEN POLICY RELATING THERETO, PRESCRIBING RESPONSIBILITIES AND DUTIES OF TAXICAB DRIVER IN THE OPERATION OF A TAXICAB, REQUIRING DRESS STANDARDS FOR TAXICAB DRIVERS, AND THE ESTABLISHMENT AND ENFORCEMENT OF SAME BY THE PRIVILEGE HOLDER, REQUIRING THE DISPLAY OF THE NAME OF THE PRIVILEGE HOLDER AND TAXICAB DRIVER ON EACH TAXICAB, REGULATING THE PLACEMENT OF COMMERCIAL ADVERTISING ON TAXICABS, PROVIDING THAT THE TAXICAB DRIVER SHALL BE AN EMPLOYEE OF THE PRIVILIGE HOLDER, REQUIRING THAT EACH TAXICAB DRIVER OBTAIN A PERMIT TO DRIVE A TAXICAB ON THE CITY STREETS, REQUIRING THE FILING OF AN APPLICATION AND OTHER INFORMATION WHEN APPLYING FOR A TAXICAB DRIVER'S PERMIT, REQUIRING THE PAYMENT OF AN ANNUAL RENEWAL FEE FOR EACH PERMIT, PRESCRIBING THE QUALIFICATIONS FOR OBTAINING A TAXICAB DRIVER'S PERMIT, REQUIRING A PHYSICAL EXAMINATION OF THE APPLICANT BEFORE THE PERMIT IS ISSUED, PROVIDING FOR GROUNDS FOR DENIAL OF A PERMIT, REQUIRING NOTIFICATION BY A TAXICAB DRIVER OR A PRIVILEGE HOLDER OF CHANGE OF ADDRESS, REQUIRING DISPLAY OF A TAXICAB DRIVER'S PERMIT, DECLARING IT AN OFFENSE TO FORGE, ALTER OR COUNTERFEIT A PERMIT~OR TO DRIVE A TAXICAB WITHOUT A PERMIT, PROVIDING FOR THE REVOCATION OF A TAXICAB DRIVER'S PERMIT, PROVIDING FOR THE APPEAL OF THE DENIAL, SUSPENSION, OR REVOCATION OF SAID PERMIT, REQUIRING TAXICAB TO BE IN SAFE OPERATING CONDITION, PRESCRIBING THE MINIMUM STANDARDS FOR SAFETY AND APPEARANCE OF TAXICABS, PROVIDING FOR THE PERIODIC INSPECTION OF TAXICABS BY THE CITY, LIMITING THE CARRYING OF PERSONS ONLY TO PAYING PASSENGERS, REQUIRING INSURANCE TO BE FURNISHED BY PRIVILEGE HOLDERS, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR A SAVINGS CLAUSE, PROVIDING FOR A PENALTY CLAUSE, PROVIDING FOR PUBLICATION IN ACCORDANCE WITH LAW, AND NAMING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS Section 1 Sections 34-111 through 34-147, inclusive, of Article IV "Taxicabs", of Chapter 34 of the Code of the City of Fort Worth (1986), as amended, be and the same are hereby repealed Section 2 A new Article IV "Taxicabs", of Chapter 34 of the Code of the City of Fort Worth (1986), as amended, is hereby adopted, which new Chapter 34 shall contain Section 34-111 through Section 34-147, and which shall be and read as follows TAXICAB ORDINANCE CHAPTER 34 Page 2 of 27 Sec 34-111 Definitions The following definitions and phrases, when used in this Article, have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning Annual permit means permission .granted _by _the city to a person to._drive or ~. operate a taxicab inside the city for a period of one (1) year, renewable under the provisions of this Article Bench test means a test of a taximeter head alone, except that the gearbox (i e , the change gears designed to compensate for tires of different sizes) may be attached City means 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 Chief of police means the individual appointed to that position by the City Council of the City of Fort Worth, Texas, together with all deputy police chiefs ands such other individuals as may be designated by the chief of police 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 Department means the department or division designated by the city manager to enforce and administer this Article Driver means the individual who drives or operates a taxicab Grant of privilege, grant: The words or terms "grant of privilege", "privilege" and "grant" shall be interchangeable herein and shall mean the right to operate a taxicab service within the city as such right is given by ordinance passed by the city council Holder means a person, association or corporation who is granted an annual permit to operate a taxicab or is granted the privilege to operate a taxicab service under this Article Initial mileage, time interval or drop means the mileage or time interval corresponding to the initial money drop -Legal resident means a citizen of the United States or a person residing in the United States in accordance with federal immigration laws TAXICAB ORDINANCE CHAPTER 34 Page 3 of 27 Motor vehicle means every motor-propelled vehicle used for the transportation of persons over the public streets of the city Operate a taxicab means the driving of a taxicab containing a passenger on any street of the city for any monetary fare Operator shall mean the same as .the term "holder" defined herein Operating authority means privilege granted under this Article Owner means the person to whom a grant of privilege for the operation of taxicabs has been issued Person means an individual, corporation, government or governmental subdivision, agency, trust, partnership, or two (2) or more persons having joint or common economic interest. 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 Street means any street, alley, lane, public place or highway within the City of Fort Worth Taxicab means a chauffeured motor vehicle used to transport persons for hire 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 for another type of service as may be from time to time classified and defined by ordinance or otherwise, or pursuant to a franchise or permit legally issued by 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 (3) Vehicles rented or leased for self-operation by the persons actually driving the same, unless such a vehicle is transporting for compensation persons other than the one who actually rented or leased the same Taxicab driver's license means the picture identification card issued by the city authorizing an individual to operate a taxicab in the City of Fort Worth Taxicab stand means a public place reserved exclusively for use by taxicabs TAXICAB ORDINANCE CHAPTER 34 Page 4 of 27 Taximeter means a device that mechanically/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 authority or rate ordinance pertaining to a taxicab grant of privilege Transfer shall mean any form of sale, conveyance, assignment, lease, sublease or merger involving a holder of a grant of privilege, 'and shall specifically include, but shall not be limited to, (1) any change in :limited partnership interests, non- _ managing limited liability company interests, or voting or non-voting stock representing more than fifty percent (50%) or more of the equity interests of the holder and (2) any option, right of conversion or similar right to acquire interests constituting control without substantial additional consideration 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 34-112 Grant of privilege required No person shall drive, operate or cause to be operated, nor shall any person employ, permit or allow another to drive, operate or cause to be operated any taxicab over any street in the city for the purpose of transporting a passenger or passengers for compensation, nor shall any person accept compensation for such transportation of passengers without first having obtained from the city, under the provisions of this chapter, a grant of privilege from the city council authorizing such operation and acts A vehicle which is lawfully transporting a passenger or passengers from a point outside the city to a destination within the city, or, after discharging such a passenger within the city, is returning empty by the most direct route to .its regular place of business outside the city, shall not be required to have a grant of privilege under this Article, provided, however, that no such vehicle without such grant shall solicit or accept a .passenger or passengers from any point within the city for transportation to any destination whatsoever, and no such vehicle without such grant shall remain waiting for more than five (5) minutes at any point within the city for a passenger brought in by it for the purpose of continuing the journey of such passenger or for any other purpose except to have repairs made upon it at a garage or other place where automotive repairs are customarily made TAXICAB ORDINANCE CHAPTER 34 Page 5 of 27 Sec 34-113 Application (a) Any person desiring a grant of privilege to operate taxicabs in the city shall file with the city council a written application for such a grant. Such application shall be delivered in duplicate to the city secretary, shall be verified by oath of the applicant, and shall give, among .other details, the following information (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) The make, type, model, capacity and condition of the taxicabs proposed to be operated, the design and color scheme of each taxicab and the lettering and marks to be used thereon (3) The number of taxicabs for which a grant of privilege is desired (4) A full and complete statement of all the applicant's assets and liabilities (5) A full list of any unpaid judgments of record against applicant, which list shall include the name and address of the owner of the judgment and amount of the judgment; and, if the applicant is a corporation, a full list of any unpaid judgments against any of the officers and directors, which list shall include the name and address of the owner of the judgment and the amount of the judgment. (6) The make and type of taximeter to be installed on each taxicab for which application of the grant of privilege is made (7) A full list of any and all liens, mortgages and other encumbrances on the taxicabs, communication systems, taximeters and other equipment to be used in providing this service, which list shall include the amount secured by a lien, mortgage or other encumbrance, the amount then due thereon, the character of such lien, mortgage or other encumbrance and the name and address of the holder of such lien, mortgage or other encumbrance (8) A list of all convictions of the federal, state or municipal laws, an list of all convictions of all officers applicant for violations of any and all I, if the applicant be a corporation, a and directors of the corporation and TAXICAB ORDINANCE CHAPTER 34 Page 6 of 27 persons with an economic interest in the grant of privilege for violations of any federal, state or municipal laws (9) Full information pertaining to the extent, quality and character of the service the applicant proposes to render This shall include, but not be limited to the communication :system; frequencies, dispatch .staffing and procedures, vehicle maintenance, driver training, safety program and procedures for handling- customer complaints or lost items (10) Facts showing the demand, need and necessity for such service (11) A full and complete statement of the experience, if any, the applicant has had in rendering such services in the city or elsewhere, and, if the applicant is a corporation, a full and complete statement of the experience the officers and directors have had in rendering such service in the city or elsewhere The statement must list all previous denials, revocations or forfeitures of permits, franchises or other operating authority for such services, the dates, locations and reasons (12) Any such other and additional information as may be required by the city council in its discretion (b) A nonrefundable application fee of one thousand dollars ($1,000 00) must accompany the application Upon request by the city, applicant shall furnish to the city additional copies of its application as city may require for the review and consideration of same The application must request a minimum number of fifteen (15) operational cabs before it will be accepted for review and consideration Sec 34-114 Investigation of application, factors to be considered prior to issuance After receiving any application for a grant as provided in section 34-113, the city council shall make or cause to be made by its agents or employees, or by persons designated by it, such investigation as it may consider necessary, which investigation may include any hearing or hearings that the persons authorized by the city council to make such investigation may deem necessary, and the city council shall determine whether or not the public necessity and convenience require the operation of such taxicabs and whether or not the applicant is qualified and able to efficiently conduct such business and render such service to the public. In determining whether or not the grant of privilege should be made, the city council shall consider, among other things, the following items (1) Probable permanency and quality of the service offered by the applicant, the experience of the applicant in rendering such service in the city or similar service elsewhere, and the past record and experience of TAXICAB ORDINANCE CHAPTER 34 Page 7 of 27 the applicant in adjusting claims and paying judgments, if any, to claimants (2) The financial ability of the applicant to provide the service described, and to respond to claims or judgments arising by reason of business operations, injury to persons or damage to property resulting from operation of a taxicab service (3) The character and condition of the taxicabs to be used (4) If the applicant is a corporation, the qualification of the officers, directors and persons with an economic interest making such application, and each of the above enumerated items as applied to each of the stockholders, officers and directors (5) The character and past record of the applicant; and, if the applicant be a corporation, of its officers, directors and stockholders (6) Such information as presented during any public hearing that may bear on the public necessity and convenience Sec. 34-115 Action by council, issuance of grant of privilege to be by ordinance The evidence in any investigation, inquiry or hearing may be taken by the city council as a whole or by any councilperson, committee, agent, employee, or representative authorized, requested or designated by the city council to conduct and carry out such investigation, inquiry or hearing, and every finding or opinion made by such person or persons authorized or instructed to conduct such investigation, inquiry or hearing shall be the finding or opinion of the city council itself when presented to the city council in open meeting and adopted, approved or confirmed by the city council If the city council finds the public necessity and convenience require the operation of the number of taxicabs applied for, or of a lesser number, and the applicant is qualified to conduct the business, and that the general welfare of the citizens of the city will best be served by addition of an additional taxicab company or taxicabs, and that all other requirements of this Article have been fully complied with by the applicant then the city council shall, by ordinance, grant to the applicant a privilege authorizing him to operate the number of taxicabs within the city specified by the city council, otherwise the city council shall deny the application Sec. 34-116 Consent required for transfer of grant; consent required for transfer of ownership or control (a) No grant of privilege made under the terms of this Article shall be transferable without the formal consent and approval of the city council after .proper application made thereto Such application shall be accompanied with a nonrefundable application fee of one thousand dollars ($1,000 00) Upon receipt TAXICAB ORDINANCE CHAPTER 34 Page S of 27 of such application and fee, the city council may make or order to be made such investigation as it deems necessary to satisfy itself that the proposed transferee is qualified to conduct such business, that the transferee is financially able to conduct such business and to pay any claims for damages which might be asserted against him by virtue of the operation of .such taxicabs, and the operation of such business by the transferee will be beneficial to the general public in the city (b) No holder shall sell, transfer, assign or otherwise encumber holder's taxicab operation without the consent of the city council If a holder desires the city council's consent to sell, transfer, assign or otherwise encumber its taxicab operation, the holder shall submit an application for such consent in the form requested by the City and shall submit such documents and information that the City may reasonably need for its consideration of the application The holder shall reimburse the City for all costs reasonably incurred due to any proposed sale, transfer, assignment or other encumbrance Sec. 34-117 Limited to specified number of cabs, additional cabs provided by privilege holder The holder of any grant made under the terms of this chapter shall be authorized to operate in the city only the number of taxicabs specified in such grant; however, if the holder of said grant believes that the public necessity and convenience require the operation of additional taxicabs at any time, then, after formal application to the city council, the city may authorize such holder to add a specified number of taxicabs to his fleet. Before passing upon such application, the city council may, if it deems it desirable, make or cause to be made by its agents, employees or designated representatives such investigation as it deems necessary, which investigation may include any hearing or hearings which the city council, its agents, employees or designated representatives may deem necessary, to ascertain if the public necessity and convenience require the addition of more taxicabs If the city council finds that the public necessity and convenience require the addition of more taxicabs, then it shall authorize the applicant to add to his fleet a designated number of taxicabs After such authorization, the person so authorized may operate the number of taxicabs specified in the grant of privilege originally granted to it, plus the number of taxicabs it is authorized to add to its fleet as set out above Sec 34-118 Suspension or revocation If for any reason the city council deems that the general welfare of the citizens requires such action, or that the best interest of the city will be served thereby, the city council may, by formal action, and without any notice to the holder thereof, 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 TAXICAB ORDINANCE CHAPTER 34 Page 9 of 27 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 If the holder of any grant violates any provision of this ordinance, 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 below, 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. However, the hearing specified above shall not be held until notice of the hearing has been given to the holder of the grant in question by registered mail addressed to the holder at the address shown on the records of the city and a period of at least five (5) days has elapsed since the mailing of such notice Further, such notice shall specify the time and place of the hearing and shall list the reasons for the revocation and cancellation of such grant. The holder of the grant in question shall be allowed to be present at the hearing, which shall be public, and shall be allowed to be represented by counsel He shall have full opportunity to disprove any and all charges and allegations set out against him or his operations in 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 hearing, the findings of fact so approved and adopted shall be and become the findings of the city council If the findings of fact made after such a hearing show that holder has violated this ordinance, or is unable to pay in full reasonable claims for damages which might be asserted, or that for any reason the general welfare of the citizens or the best interests of the city will be served by such action, then the city council shall revoke, repeal and cancel the grant of privilege Sec 34-119 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 to the city at the office of public utilities, on or before January 1 of each calendar year during which the grant is in effect, an annual "street rental" fee equal to two hundred dollars ($200 00) for each cab which the holder is authorized to operate under his grant of privilege 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 TAXICAB ORDINANCE CHAPTER 34 Page 10 of 27 on the basis of fifty dollars ($50 00) per cab per quarter of a year during which the grant of privilege is in effect. (b) The fees provided for in this section shall be in 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 in lieu of-.any validly assessed. ad valorem ..taxes _. Sec. 34-120 Annual report and additional information required (a) Each holder of a grant of ,privilege shall file with the supervisor of public utilities an annual report showing the average taxicabs operated daily during the previous calendar year (b) Additional information may be requested by the supervisor of public utilities This request may include, but is not limited to, information relating to written complaints received by the holder, average calls .per day dispatched and available taxicabs not operated, number of damage or injury claims filed against the holder, number of claims settled by the holder, and number of lawsuits pending against the holder arising out of his taxicab operations under the grant of privilege 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 31 st day of January of each year Upon failure of the supervisor of public utilities to receive a report or fees when due, the supervisor 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 supervisor of public utilities shall report this fact to the city council, and the city council may by ordinance suspend the grant, and such suspension shall continue and be in full force and effect until it shall be reported to the city council by the public utilities supervisor 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) Sec 34-122 Rates, posting (a) The maximum price to be charged by all taxicab drivers in the city shall be established by the city council from time to time However, a holder may authorize a driver to make a flat rate charge for a trip to a destination, provided that such flat rate is either agreed to in writing with the passenger or responsible paying party or the flat rate is established prior to trip commencement and the rate is not in excess of the legal meter rate TAXICAB ORDINANCE CHAPTER 34 Page 11 of 27 (b) There shall be no additional charge made for ordinary luggage or ordinary bags or ordinary parcels being carried by such passenger or passengers It shall be unlawful for any driver of a taxicab to demand or receive a fee or charge for taxicab service in excess of the rates established by the city council from time~to time However, nothing in this.section shall be construed as requiring a taxicab to carry trunks, very large packages, very large parcels or articles or objects likely to injure the taxicab driver or damage the taxicab, it being the intent of this section that there be no additional charge made for any ordinary parcels or baggage (c) Each taxicab operated on the streets shall have affixed thereto at a location in plain view of any passenger therein a placard setting out the maximum legal rates for taxicab service, as provided in the schedule of rates established by the city council from time to time, and such legal rates shall be readily visible to and legible by any occupant of such taxicab (d) A violation of either subsection (a) or (b) shall be grounds for revocation of the taxicab driver's permit. 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 franchise holder, owner, operator or driver using any taximeter to keep the same accurate at all times, and the failure to do so shall constitute a violation of this Article Sec. 34-124 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 in this Article shall not be approved by the city and shall be ordered out of service The city shall make or cause to be made, at least every twelve (12) months, inspections 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 approved, it shall be sealed Should a taximeter seal be removed for any reason, the holder shall advise the supervisor of public utilities who shall cause the taximeter to be reinspected and sealed Until the taximeter is reinspected, the taxicab shall not be placed back into service TAXICAB ORDINANCE CHAPTER 34 Page 12 of 27 (b) A taximeter that has been inspected by either the City of Dallas or the Dallas/Fort Worth International Airport complies with this section, subject to the right of the city to inspect the taximeter at any time Sec. 34-125 Standards for tolerances and accuracy The standards for tolerances and accuracy and all .other standards to be applied to taximeters shall be the same as the standards .applied thereto by the .state under its applicable statutes or regulations, all of which are hereby adopted and declared to be the only legal standards of tolerances or accuracy to be applied to the taximeters within the city Sec 34-126 Payment of fare, refusal to carry passengers, excess fare prohibited, nonpayment of fare (a) Every driver of a taxicab shall have the right to demand the payment of the regular fare before picking up a passenger and may refuse employment unless so paid, otherwise, no driver of a taxicab shall refuse or neglect to convey any person or persons upon request to any place within the city unless (1) The person is disorderly; (2) The driver is engaged in answering a previous request for service, (3) Another driver has answered the dispatched call and is en route, (4) The driver has reason to believe that the person is engaged in unlawful conduct; or (5) The driver is in reasonable fear of his personal safety (b) While operating a taxicab, a driver shall respond to service when the location for pick-up is within a reasonable distance from the location of the taxicab (c) It shall be unlawful for any driver to request payment in advance of a fare in excess of the fare prescribed in this Article (d) 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 in legible type or writing, either mechanically printed or by a specially prepared receipt, containing the taxicab company name, taxicab number, driver name, any items for which a charge is made, the total amount paid and the date of payment. (e) Further, a driver shall carry a passenger to his destination by the most direct route available, unless otherwise directed by the passenger TAXICAB ORDINANCE CHAPTER 34 Page 13 of 27 (f) It shall be unlawful for any passenger to refuse to pay the legal fare of any taxicab after having hired the same, and it shall be unlawful for any person to hire a taxicab with the intent to defraud the operator of the taxicab of the fare for such service Failure to pay the legal fare shall be presumptive of intent to defraud (g) Any violation of subsections (a), (b), (c), (d) or (e) shall be grounds for revocation of the taxicab driver's permit. Sec. 34-127 Soliciting prohibited, cruising permitted (a) It shall be unlawful for any taxicab driver to solicit by word, payment to a third party, signal, sign or solicit 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 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 (c) Cruising is permitted Sec 34-128 Fixed place of business required, location approval, taxicab stands (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 in 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 taxi business location shall be located at any place in 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 taxi stands or call boxes at various locations in the city; provided, that such locations be first approved by the chief of police, and provided that such a use of such proposed locations is 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 in the absolute discretion of the chief of police, who shall determine the public interest in the establishment of such stand, or stands, as petitioned for, as well as the number of vehicles which shall be authorized to occupy the same at any one TAXICAB ORDINANCE CHAPTER 34 Page 14 of 27 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 in his vehicle in 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 police and subject to change at his will Each of such stands shall be marked and properly designated under the supervision of the chief of police 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 police or traffic engineer may establish temporary taxicab stands for special events and functions where street access may be limited and the good of the public is best served by such temporary placement of stands 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 chapter and other laws applicable to the operation of a taxicab service Sec 34-130 Driver's responsibilities and duties in 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 in this state, and the policies and procedures issued by the holder in connection with the holder's discharging of his duties under its operating authority and this Article In addition, a driver shall (1) Conduct himself in a reasonable, prudent and courteous manner; (2) Maintain a sanitary and well-groomed appearance, (3) Not respond to a dispatch call assigned to another driver; TAXICAB ORDINANCE CHAPTER 34 Page 15 of 27 (4) Not consume alcoholic beverages, drugs or other substances which could affect his or her ability to safely drive a motor vehicle, and (5) Not possess any device designed to receive the frequency of a taxicab company other than the company for whom he is driving, and not respond to a call for service dispatched by another company ` (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 of a taxicab driver's permit. (c) Any sworn or designated civilian member of the police department may conduct inspections of the driver and taxicab to ensure compliance with this section Sec 34-131 Dress standards for drivers Each holder of a privilege shall establish and enforce company dress standards for its drivers In addition to the standards adopted by the holder (1) A driver shall not wear a Tailored shorts more than 2" 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 (2) A driver shall wear a Shirts or blouses with a collar, such as sports or dress shirts or polo-type shirts b Jeans, dress or sport slacks c Shorts or skirts that are no more than 2" 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 TAXICAB ORDINANCE CHAPTER 34 Page 16 of 27 (4) A driver and the driver's clothing must conform to basic standards for hygiene and be neat, clean and sanitary at all times, as well as comply with such other dress requirements imposed by the grant holder for whom the driver is operating a taxicab Sec. 34-132 Display of name of privilege holder Every taxicab operated in the city 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 grant holder for whom the taxicab is driven, or the registered assumed name of the taxicab service of such holder, together with the telephone number of the service and the number of the taxicab Sec. 34-133 Commercial advertising on taxicab Commercial advertising or commercial advertising devices may be placed on, upon or in any taxicab operated in the city, 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 34-134 Taxicab drivers permit required, application and information, qualifications, issuance, fee, term 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 chief of police (1) A written application for such a permit shall be filed, and shall be upon a form obtained from the chief of police containing, among other matters, the following information a The experience of the applicant in driving motor vehicles, including public vehicles, b 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, c 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, d The taxicab operator for whom the driver proposes to drive, TAXICAB ORDINANCE CHAPTER 34 Page 17 of 27 e And such other additional information as the chief of police may prescribe on the form (2) The application shall be accompanied by at least two (2) photographs of the applicant taken within the immediately preceding three (3) months, a certification by at least three (3) reputable persons who are personally acquainted with the applicant showing the applicant to be a person of good moral character; and a signed recommendation from the privilege holder (3) The chief of police shall make such additional investigation of the applicant as he deems necessary to ascertain whether or not he is a fit and proper person to drive a taxicab in the city If the chief of police is satisfied that the applicant is a fit and proper person to drive a taxicab in the city, then, upon the payment of a permit fee in the amount of twenty- five dollars ($25 00), the chief of police shall cause to be issued to such applicant a permit to drive taxicabs in 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 $25 00 (4) To qualify for a taxicab driver's permit, a person must: a Be at least nineteen (19) years of age, b Be a legal resident of the United States, c Hold a valid operator's license issued by the State of Texas, d Be able to communicate in the English language, e 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; f Not have been convicted of more than three (3) moving traffic violations arising out of separate transactions, or involved in more than two (2) automobile accidents in which it could be reasonably determined that the applicant was at fault, within any twelve-month period during the preceding thirty-six (36) months, g Not be under indictment or have been convicted for any felony or any crime 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, TAXICAB ORDINANCE CHAPTER 34 Page 18 of 27 h Not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated or under the influence of drugs within the preceding twenty-four (24) months, or more than one time within the preceding seven (7) years, i Not have criminal charges pending for the offense of driving while intoxicated or while under the -influence of drugs, j Not be addicted to the use of alcohol or narcotics, k. Not be subject to any outstanding warrants of arrest; and I Be recommended by the grant holder for whom the person proposes to drive a taxicab (5) Before the applicant is issued a permit to drive 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 applicant shall furnish to the chief of police a statement from the physician that certifies that the physician has examined the applicant within the last ninety (90) days and that, in the physician's professional opinion, the applicant is qualified under subparagraphs (4)e and (4)j of this section Sec. 34-135 Grounds for denial, expiration, change of address, telephone number and employment. (a) The chief of police shall deny the application for a taxicab driver permit if the chief of police 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 personal character statements required in section 34-134, (4) Knowingly makes a false statement of a material fact in 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 TAXICAB ORDINANCE CHAPTER 34 Page 19 of 27 (b) If the chief of police determines that a permit should be denied he shall notify the applicant in writing that the application is denied, and the reason for denial and that the applicant has the right of appeal The action of the chief of police 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 chief of police The holder of a permit shall notify the chief~of police of any changes in 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 notify the chief of police within five (5) days of the change Sec 34-136 Display; falsification, driving without a permit. (a) The taxicab driver's permit shall be displayed on the dash in full view of passengers, together with a color picture no smaller than 3" by 3" with the taxi driver's name and identification number In addition, the taxicab driver shall prominently display his permit in a clear plastic badge attached to the driver's shirt or jacket. (b) A person commits an offense if he (1) Forges, alters or counterfeits a taxicab driver's permit, 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, or (3) Operates or allows the operation of a taxicab without an approved taxicab driver's permit. Sec 34-137 Revocation (a) The chief of police, 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 34-136, (2) The permit holder has violated or failed to comply with any other provision or requirement of this Article, (3) The permit holder has made a false statement or representation of a material fact on the permit application submitted to the chief of police TAXICAB ORDINANCE CHAPTER 34 Page 20 of 27 (b) If the chief of police 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 chief of police 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 chief of police 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, in writing, delivered to the city manager not more than ten (10) business days after notice of the action of the chief of police is received by the applicant. (b) The city manager or his designated representative shall act as the appeal hearing officer in an appeal hearing under this section The hearing officer shall give the appealing party an opportunity to present evidence and make argument in his or her behalf The formal rules of evidence shall not apply to an appeal hearing under this section, and the hearing officer shall make his ruling on the basis of a preponderance of the evidence presented at the hearing Continued sponsorship by the grant holder is a prerequisite for consideration of an appeal (c) The hearing officer~may affirm, modify or reverse all or part of the action of the chief of police being appealed The decision of the hearing officer is final and incontestable Sec. 34-139 Inspection of taxicabs (a) No taxicab shall be driven or operated upon the streets of the city unless the same conforms to the minimum safety standards established herein and has a valid inspection decal issued by the city (b) Minimum safety 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 rear window d) Taxicabs bearing a current inspection decal issued by the Dallas/Fort Worth International Airport may be issued a city safety decal without further inspection TAXICAB ORDINANCE CHAPTER 34 Page 21 of 27 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 reinspection 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 may conduct inspections of the driver and taxicab to ensure compliance with .this section Sec 34-140 Age limits of taxicabs, other vehicle requirements (a) Effective January 1, 1996, 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 permitted to operate as taxicabs Vehicles in operation as taxicabs as of the date of the adoption of this ordinance may continue to operate until such vehicle exceeds the age requirement established herein Sec 34-141 Driver as employee, independent contractor A grant of privilege holder may employ drivers, or may contract with a driver on an independent contractor basis, but only if the grant holder (1) Agrees to and shall indemnify, defend and hold harmless the city for claims or causes of action against the city arising from the conduct of the driver in the operation of a taxicab, (2) Provides that the driver is insured under the grant holder's fleet liability insurance policy; and (3) Imposes a condition that the with the understanding that failure to the grant. driver must comply with this Article, comply shall be a material breach of TAXICAB ORDINANCE CHAPTER 34 Page 22 of 27 Sec 34-142 City-wide taxicab service required (a) Each and every grant of privilege holder and taxicab driver permit holder is required to provide city-wide taxicab service The grant holder's taxicab fleet, communication system and other resources must be sufficient to provide effective service levels to all areas of the city on a regular basis (b) Except as otherwise provided in this article, a grant holder and taxicab driver permit holder shall (1) Provide taxicab service to the general public to and from any point inside the city that is accessible by public street. (This does not require a taxicab to be subject to mob violence or destruction ), (2) Answer each call received for service inside the city as soon as practicable, and, if the service cannot be rendered within a reasonable time, the holder, his agent or employee, shall inform the caller of the reason for the delay and the approximate time required to answer the call, (3) Maintain a terminal that is operational twenty-four (24) hours each day and registered with the city for the purpose of receiving calls and dispatching taxicabs (c) All grant of privilege holders and taxicab drivers 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 holder or driver shall not be considered failure to provide city-wide service This section shall not require the holder or driver to place himself in violation of other sections of this article Sec. 34-143 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 revocation of the driver's permit. Sec 34-144 Passenger limitations (a) While operating a taxicab, a driver may carry only a person who is a paying passenger unless the passenger is an employee of the franchise holder for whom the driver is driving TAXICAB ORDINANCE CHAPTER 34 Page 23 of27 (b) A violation of this section is grounds for the revocation of the driver's permit. Sec 34-145 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 franchise holder 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 34-146 Removal of equipment. (a) Whenever a vehicle is removed from service or is no longer authorized to operate as a taxicab, the holder, owner or driver shall remove from the vehicle all taxicab signs, markings and equipment that would distinguish the vehicle as a taxicab, including but not limited to radios, toplights, meters and decals (b) A holder, owner 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 (c) Meters, radios, toplights and distinguishing markings must be and must remain the property of the grant holder, and must be returned to the grant holder when a taxicab is removed from service 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 proof of such insurance as considered necessary to determine whether the applicant or holder is adequately insured under this section (b) The minimum insurance required under this section must: (1) Be carried with an insurance company rated at least "A" by A. M Best and be authorized to do business in this state, (2) Limit the deductible to no greater than one thousand dollars ($1,000 00) per occurrence, TAXICAB ORDINANCE CHAPTER 34 Page 24 of 27 (3) Not be an aggregate policy with a maximum limit of coverage (otherwise called a "claims made policy"), (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, and (7) Provide minimum coverage in an amount no less than one million dollars ($1,000,000 00) Combined Single Limit Liability (CSL) per occurrence (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 in the policy (d) The city council, in its discretion, may from time to time require insurance coverage of a different kind or a greater amount, and upon such city council action, the franchise holder shall be required to modify its insurance coverage to comply with these requirements, and shall furnish to the public utilities supervisor a certificate of insurance as evidence that it has acquired such type and amounts of insurance SECTION 3 This ordinance shall be cumulative of all provisions of ordinance and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed SECTION 4 It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without TAXICAB ORDINANCE CHAPTER 34 Page 25 of 27 the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section SECTION 5 All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Sections 34-111 through 34-147 of Article IV "Taxicabs", of Chapter 34 of the Code of the city of Fort Worth (1986), as amended, or any other ordinances affecting the operation of taxicabs upon the public streets of the City 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 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 6 Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500 00) for each offense Each day that a violation is permitted to exist shall constitute a separate offense SECTION 7 The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and penalty of clause of this ordinance at least twice in the official newspaper of the city prior to its taking effect, in accordance with Tex. Loc Gov't. Code Ann Sec. 52 013 and Chapter XXV, Sec 2 of the City Charter SECTION 8 Section 34-116 of this ordinance shall take effect and be in full force and effect from and after its passage and it is so ordained All other provisions of this ordinance shall take effect and be in full force and effect 120 days after its passage and publication as required by law, and it is so ordained TAXICAB ORDINANCE CHAPTER 34 Page 26 of 27 AP OVED AS TO FORM AND LEGALITY ~~'~-~ David Yett City Attorney Date ~- ~ - ~ ~ ADOPTED ~" ~' v0 EFFECTIVE TAXICAB ORDINANCE CHAPTER 34 Page 27 of 27 PROPOSED AMENDMENT TO COMMITTEE DRAFT TAXICAB ORDINANCE Amend paragraph b of Sec. 34-113 to read as follows (b) A nonrefundable application fee of one thousand dollars ($1,000 00) must accompany the application Upon request by the city, applicant shall furnish to the city additional copies of its application as city may require for the review and consideration of same The application must request a minimum number of twenty-five (25) operational cabs before it will be accepted for review and consideration Amend paragraph b(7) Sec. 34-147 to read as follows b (7) Provide minimum coverage in an amount no less than ' ##o~saed-dolta~s-{$588~99:89~-one million dollars x$1,000,000) Combined Single Limit Liability (CSL) per occurrence ~ ._ A~ e ~~~ d-a Section 8 Section 34-116 of this ordinance shall take effect and be in full force and effect from and after its passage and it is so ordained All other provisions of this ordinance shall take effect and be in full force and effect 2~ days after its passage and publication as required by law and it is so ordained Sec ~- ~ a,2 3 y - ~ llo re ~ v, /'-eS' ~Gts v, se ~f- o ~ `~ ~. Cr ~-~ ~o'u~ c i I ,~ ~o ahc~ }-ranger o~' ~ a,-~,wfi dt~ ~Y~v,,lc 1 e ~-v b ,}J-P VG 4- P I ~--pcx/ SeV V t c e- ! n ,J~-~ c Ci ~- 0 ~°°~ City of .Fort Worth, Texas ~11~A~ar And Caunc~l Canrt~rtun~cA~ian DATE REFERENCE NUMBER LOG NAME PAGE 3/7/00 G-12845 02TAXI 1 of 2 SUBJECT AN ORDINANCE AMENDING ARTICLE IV, CHAPTER 34 OF THE CITY CODE REGULATING TAXICABS ti, RECOMMENDATION It is recommended that the City Council adopt the attached ordinance which amends in its entirety Article IV "Taxicabs," of Chapter 34 of the Code of the City of Fort Worth DISCUSSION In September 1999, an ad hoc City Council committee was convened to look at issues related to taxicabs The committee was chaired by Councilmember Clyde Picht, and other members were Mayor Pro Tem Ralph McCloud and Councilmembers Chuck Silcox and Wendy Davis The Committee met seven times over the last six months. The members received input from the taxicab companies, taxicab drivers, and the general public. The committee also considered the changes occurring in ground transportation regulations at D/FW International Airport. The attached ordinance, which is the result of the ad hoc committee's deliberations, contains the following major changes. • The term "franchise" is changed to "privilege", or "grant of privilege" or "grant" except where "franchise" is stilt appropriate to make the ordinance consistent with the City Charter • Section 34-111 Definitions. Definitions for the terms "cruising" and "transfer" are added • Section 34-113. Application. The requirement that an applicant must request authority to operate a minimum number of twenty-five taxicabs is deleted • Section 34-114. Investigation of application, factors to be considered prior to issuance. The requirement that the City Council consider the impact of a proposed service on existing transportation services in determining whether or not a grant of privilege should be made is deleted • Section 34-115. Action by council, issuance of grant of privilege to be by ordinance. The "right of first refusal" is deleted • Section 34-116. Consent required for transfer of grant and transfer of ownership or control A requirement that the City Council consent to the transfer of ownership or control of a taxicab company is added f f t • Section 34-124 Inspections and tests of taximeters. A requirement is added that all taximeters shall be tested at least once every twelve months. Tests made by the City of Dallas or by D/FW International Airport are accepted • Section 34-127 Soliciting prohibited, Cruising permitted Cruising is currently prohibited ' 'The proposed ordinance allows it. City of Fort Worth, Texas ~1-~A~a~ And aunc~( an~tinun~cAt~an C C DATE REFERENCE NUMBER LOG NAME PAGE 3/7/00 G-12845 02TAX1 2 of 2 SUBJECT AN ORDINANCE AMENDING ARTICLE IV, CHAPTER 34 OF THE CITY CODE REGULATING TAXICABS • Section 34-131 Dress standards for drivers. Drivers may wear shorts that are less than 2- inches above the knee. Open-toe shoes and sandals are not permitted • Section 34-139 Inspection of taxicabs. All taxicabs operating in Fort Worth must pass the D/FW International Airport safety inspection two times each year Vehicles that have passed the inspection and are authorized to operate in Fort Worth will be issued a decal The decal must be properly displayed to show that that vehicle is an authorized taxicab • Section 34-140. Age limits of taxicabs, other vehicle requirements. No taxicab may be a vehicle that has been salvaged or rebuilt. Vehicles smaller than those designated "Large" by the American Automobile Association may not be used as taxicabs. Existing taxicabs that do not meet the "Large" designation may continue to operate until they fail to meet any one of the other requirements for a taxicab • Numerous other changes are made for the sake of accuracy For example "radio" and "radio , system" is changed to "communications system" recognizing that the communications systems in use today have evolved beyond two-way radio systems "Public need and necessity" is changed to "public necessity and convenience" to reflect the language in the City Charter References to this "chapter" are, more appropriately, references to this "Article" In similar fashion, other words and phrases have been added or changed to clarify the intent of the ordinance The City staff recommends that the City Council adopt the revisions approved by the Ad hoc City Council Committee on Taxicabs. FISCAL INFORMATION/CERTIFICATION The Finance Director certifies this action will have no material effect on City funds. CB.k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) APPROV~~ Charles Boswell 8511 CITY COUNCIL O i i r g nating Department Head: ~ ~~~~~ MAR 7 2000 Charles Boswell 8511 (from) }~ ~ ~ Additional Information Contact: / "'' ` ''""~~ city socr~nr~ of t>n~ Citq o~ For4 WorW lbsev Danny Reed 6145 , Adopted Ordinance No,,,/~~~..._