HomeMy WebLinkAbout92-2895AMENDMENT - TAXI CABS
ORDINANCE NO. 92-2895
AN ORDINANCE AMENDING CHAPTER SEVEN,
"BUSINESS AND OCCUPATIONS", OF THE CITY CODE
OF THE CITY OF PLAINVIEW WITH REGARD TO TAXI
CABS.
WHEREAS, the City Council of the City of Plainview has determined that it is in the best
interest of the public that changes and/or additions to Chapter Seven of the Plainview City Code
relating to taxi cabs occur as set forth herein.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Plainview, Texas
that Chapter Seven of the Plainview City Code be hereby amended in the following manner.
§ 7-251. Definitions.
DIVISION 1. DEFINITIONS
The following words and phrases, when used in this article, shall have the meanings respectively
ascribed to them as follows:
(A) Driver or Chauffeur:
Every person in actual charge or operation of a taxicab, whether as owner or agent,
servant or employee of the owner.
License:
(c)
(D)
An authority issued by the Director of Public Safety or his/her authorized representative
to engage in the business of transportation by taxicab.
Owner or Taxicab Operator:
Any person who has the control, direction, maintenance and the benefit of the collection
of revenue derived from the operation of taxicabs on or over the streets or public way of
the City, whether as an owner or otherwise, except a "driver".
Subtaxistand:
Any place which the drivers of taxicabs or chauffeurs of taxicabs, shall receive calls from
the dispatcher as such calls may be relayed from the taxistand, and shall likewise mean
and embrace that space and area used by taxicabs in waiting for passengers.
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(E) Taxicab:
Every automobile or other motor-propelled vehicle used for transportation of passengers
for hire over the public streets of the City, and not over a de£mite or fixed route, and
irrespective of whether or not the operations extend beyond the corporate limits of the
City, at rates for distance traveled, or for waiting time, or for both, or at rates per hour,
per week, or per month, which such vehicle is routed to designation under the direction
of any passenger or any person hiring the same, provided, however, the term "taxicab"
shall not apply to city buses operated within the City over a fixed route, nor shall such
term apply to City buses regularly operated in the City along fixed routes to and from
points outside the corporate limits of the City, nor shall such term apply to motor vehicles
regularly engaged in interstate commerce.
(F) Taxistand:
The taxi depot at which place the taxicabs shall be housed or parked, and at which place
the telephone calls and requests for service shall be housed or parked, and at which place
the telephone calls and requests for service shall be made, and at which place a dispatcher
shall control the movements of the taxicabs to the points of request for the taxicab
service. This term shall likewise be synonymous with taxi terminal and shall mean and
embrace that space and area of land and buildings off the streets of the City, and upon
private property, and shall be and constitute the main office of the owner and taxicab
operator.
(G) Waiting time:
Such time as may be consumed or lost at the special instance and request of a passenger
after such passenger has first entered the taxicab to make a trip and before reaching
his/her final destination. No charge shall be made against a passenger for any time lost
on account of any other delay whatsoever.
7-253. Identification.
Every taxicab shall have painted or decal on each side and the rear of the cab the name in which
the owner operates.
§ 7-254. Operation Restricted.
No taxicab for which a license shall have been granted shall be operated by any person except
the licensee thereof, or an employee of the licensee.
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DIVISION 2. LICENSE.
§ 7-261. License Required.
No person shall be permitted to engage in the transportation of persons for hire in the operation
of taxicabs in the City unless and until a license to permit such operation of taxicabs is first had
and obtained from the Director of Public Safety.
(A) AppliCations for Taxi License
To obtain a taxi license, each person shall make a written application to the Director of
Public Safety on a form provided.
(B) Investigation
The Director of Public Safety shall make or cause to be made such investigations of the
character, experience, and qualifications of the applicant as may be deemed consistent and
judicious, and shall determine whether or not the applicant is fit and proper to drive and
operate a taxicab within the corporate limits of the City in a manner and consistent with
the welfare of the citizens of the City.
(C) Appeal
When the Director of Public Safety has made his/her decision concerning the license
issuance or license being revoked, each apphcant or license holder shall have the right to
appeal this decision to the City Manager. An appeal must be made in writing within five
(5) days after the decision is made. The City Manager will consider the appeal and
render his/her decision. The decisions of the City Manager will be final.
(D) Responsibility of Operator
The owner or operator of taxicabs shall be responsible for the acts of negligence of any
driver or a taxicab who shall drive such taxicab with the knowledge or with the consent
or such owner or operator of taxicabs.
(E) Alcohol and Drug Use
1. Acts Prohibited
a. Taxi driver consuming alcohol or illegal drugs.
b. Taxi driver under the influence of alcohol or drugs.
c. Taxi driver allowing customers to consume alcohol or drugs.
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(F)
d. Taxi driver taking medication that impairs vision and or impairs
judglnent or driving.
Driver's License
Every driver of a taxi must hold a valid driver's license issued by the State of Texas
which permits carrying passengers for hire.
§ 7-262. Fee.
Before any license shall be issued under the provisions of the article, the applicant shall pay an
annual fee of One Hundred Dollars ($100).
§ 7-263. Ownership of Vehicles.
Every person holding a license provided for therein shall own each and every taxicab he/she
operates, and the certificate of title shall be in the name of such person, and the certificate of title
must be submitted to the Director of Public Safety for his/her approval before the taxicab will
be allowed to operate under such license.
§ 7-265. Revocation of License.
Failure to abide by any of the provisions of this ordinance or failure to pay any fees assessed will
result in the license being revoked.
§ 7-266. Duration of License.
A license granted under the provisions of this ordinance shall continue in force until revoked.
§ 7-267. Transfer.
No license for the operation of taxicabs within the City shall be transferable.
§ 7-268. Revocation.
The Director of Public Safety shall have the right to revoke any license granted under the
provision of this article for the violation by the licensee of any applicable provision of this code,
State law or City ordinance, rule or regulation, or for any other good cause.
DIVISION III.
§ 7-271. Liability Insurance Required.
Before any license shall be issued under this chapter to any owner or operator of a taxicab, or
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before any renewal of the license shall be granted, the owner or operator shall be required to file
with the Director of Public Safety and thereafter keep in full force and effect, a liability policy
in a form approved by the State Board of Insurance, issued by an insurance company duly
authorized to transact liability insurance in the State covering bodily injuries and injury to or
destruction of property resulting from the operation of such vehicle or vehicles.
§ %272. Minimum Amount of Coverage.
(A)
The maximum amount of recovery in a policy of insurance required in this article shall
not be less than the following sums, to wit:
(1) For the injury or death of any one person in any one accident, One Hundred
Thousand Dollars ($100,000).
(2) For total liability in any one accident or personal injuries or death, Three Hundred
Thousand Dollars ($300,000).
(3) For injury or destruCtion of property in any one accident, One Hundred Thousand
Dollars ($100,000).
The minimum amount of liability insurance Shall never be less than the 'amount
established by the statutes of the State Under the Texas Safety Responsibility Act or
amendments thereto.
State law reference - Amount of insurance required by Safety Responsibility Act, Vernon's Ann.
Civ. St. art. 6701h Subsection 5(c) (6).
§ 7-273. Person Protected.
The public liability insurance required by this division shall be for the protection of the
passengers of the inured taxicab and for the public, but shall not cover personal injuries sustained
by the servants, agents, or employees of the person filing the insurance.
§ %277. City Not Liable for Solvency of Insurer; Owner's Liability Not Affected, Suits on
Policy.
Neither the City nor officer thereof shall be held liable for the pecuniary responsibility or
solvency of any insurer under the provisions of this article, or in any manner become liable for
any sum on account of any such claim or act or omission related to the insured vehicle. Nor
shall the liability of the owner of any such vehicle be in any manner limited or changed by
reason of the provisions of the article, but the judgment creditors having causes of action secured
thereby shall be authorized to sue directly on such policy of insurance without impleading the
City. All persons known to have been injured or damaged in the same accident and claiming
damages thereunder may be made parties without priority of claim on payment in any suit had
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or instituted on account of such matters.
§ 7-278. Cumulativeness.
Provisions of this ordinance are cumulative and nothing herein shall prevent, alter, or diminish
the applicability or enforcement of other ordinances restricting, regulating, or governing the
subject matter herein.
§ 7-279. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any
reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct, and independent provision and such holding shall not affect the
validity of the remaining positions thereof.
PASSED AND APPROVED on this 28th day of January, 1992.
ATTEST:
E.V. t~latenuoer, ~viayor
Karen McBeth, City Secretary
APPROVED AS TO CONTENT:
R~y L/. )E~borne, Safkfee~
Directo~ of Public
APPROVED AS TO FORM:
Wally Hatcl~,
City Attorney
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