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HomeMy WebLinkAbout18976 ORD - 08/13/1985• AN ORDINANCE AMENDING CHAPTER 57, VEHICLES FOR HIRE, OF THE CITY CODE BY AMENDING ARTICLE II, TAXICABS, TO PROVIDE FOR A SEMIANNUAL TAXICAB STREET USE FEE OF $175.00 PER AUTHORIZED VEHICLE, THE SUBLEASING OF TAXICABS BY A CERTIFICATE HOLDER, THE CRITERIA TO DETERMINE PUBLIC CONVENIENCE AND NECESSITY, THE CRITERIA TO BE USED FOR INVESTIGATING APPLICANTS FOR TAXICAB DRIVER PERMITS, PROHIBITING THE MONITORING OF ANOTHER'S RADIO DISPATCH FREQUENCY; AND PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Amending Chapter 57, Vehicles for Hire, Article II, Taxicabs, by amending Sec. 57-20, adding Sec. 57-26, adding Sec. 57-27, add ng Sec. 57-28, adding Sec. 57-29, amending Sec. 57-33, amending Sec. 57-36, amending Sec. 57-37, adding Sec. 57-41, amending Sec. 57-85, amending Sec. 57-97, deleting present Sec. 57-98, and adding a new Sec. 57-98, amending Sec. 57-100, amending Sec. 57-103, amending Sec. 57-104, adding Sec. 57-114, as follows: Section 57-20. Definitions. The definition of owner is changed to read as follows: Owner. Any person, firm, corporation, association, partnership or society Th. holds a valid and current certificate of convenience and necessity issued after 11/24/82 and/or a current franchise granted prior to 11/24/82 and who has the control, direction, maintenance and the benefit of the collection of revenue drived from the operation of one or more taxicabs on or over the streets or public ways of the City, whether as owner or otherwise. Section 57-26. Certificate Holder and Driver to Comply. (a) Certificate Holder. In the operation of a taxicab service, a holder shall comply with terms and conditions of this article and regulations established under this article and be responsible for all vehicles authorized to operate under the holder's certificate of convenience and necessity. (b) Driver. While on duty, all drivers shall comply with this article, regulii171Testablished under this article, other law applicable to the operation of a motor vehicle in this state, and orders issued by the holder employing or contracting with the driver in connection with the holder's lawful discharge of his duty under this article. 02D.007.02 1E076 MICROFILMED • Section 57-27 Certificate Holder's Duty to Enforce Compliance by Drivers. (a) A holder of a valid and current certificate of convenience and necessity shall establish policy and take action to discourage, prevent, or correct violations of this chapter by drivers, who are employed by or contracting with the holder. (b) A holder shall not permit a driver who is employed by or contracting with the holder to drive a taxicab if the holder knows or has reasonable cause to know that the driver has failed to comply with the rules and regulations established by this article. (c) Any failure to comply with regulations established under this article shall be cause for suspension or revocation of the certificate of convenience and necessity authorizing the holder to operate a taxicab service within the City. Section 57-28. Contract Driver. (a) Certificate holders may contract with a driver, but only if the contract: (1) Provides that the certificate holder, taxicab owner, and any taxicab driver shall indemnify the City and hold the City harmless for all claims or causes of action against the City arising from the conduct of the driver, operation of business, condition or operation of vehicle or claims arising under the contract; and (2) Provides that any taxicab operated pursuant to such contract be properly licensed, be in good working order and be equipped with a two-way communication system, taximeter, top light or flag indicating occupancy; and (3) Provides that the driver agrees to operate the taxicab and conduct himself in compliance with the Code of Ordinances of the City of Corpus Christi included but not limited to Article II, Taxicabs; Division 4. Vehicles; Division 5. Drivers; Division 6. Taximeters, Fares; and (4) Provides that the certificate holder and driver agrees not to subcontract or allow another person other than such driver to operate this taxicab while a valid contract is in effect with such driver; and (5) Provides that failure to comply with any requirements of the City Code by the driver will constitute a breach of contract with the certificate holder. (b) The form of the contract between a holder and driver must be reviewed and approved by the Director of Transportation or his designee before the contract is valid. The Director of Transportation may 02D.007.02 -2. ° • disapprove a contract form if he determines that the contract is inconsistent with regulations established under this chapter. A holder may not use a contract that has not been approved by the Director of Transportation or his designee. Section 57-29. Suspension and Revocation of Certificate. Any certificate of convenience and necessity may be either suspended for any period of time not to exceed six (6) months or revoked by the Director of Transportation. (a) The Director of Transportation shall suspend or revoke a certificate of convenience and necessity if it is determined that the holder has: (1) Failed to comply with a correction order issued to the holder by the Director of Transportation or his designee, within the time specified in the order; or (2) Intentionally or knowingly impeded the City Manager or a law enforcement agency in the performance of their duties; or (3) Failed to comply with the requirements established in this article in any way; or (4) Been convicted for violation of another City, State or Federal law, which violation reflects unfavorably on the fitness of the holder to perform a public transportation service; or (5) Substantially breached the terms of the certificate; or (6) Failed to pay City ad valorem taxes, when due, on all vehicles and other equipment used in connection with the taxicab service; or (7) Failed to pay the street use fee at the time it is due. (b) Every suspension or revocation of the certificate of convenience and necessity shall be in writing, dated and shall state the reason for such suspension or revocation. Such notice shall immediately be sent to the holder of such certificate. Such order of suspension or revocation shall be effective as of the date of such notice; provided, however, that the holder whose certificate has been suspended or revoked may within five (5) days after the date of such notice appeal to the City Manager or his designee for reinstatement by a request in writing for such relief. The City Manager or his designee shall set a date not later than five (5) days following receipt of the notice of appeal for hearing and after such hearing sustain or reverse the suspension or revocation. If no appeal is taken within the time and by the method hereby provided, then the order of suspension or revocation by the Director of Transportation shall be final. 02D.007.02 -3- • (c) A suspension of a certificate shall not affect the expiration date of the certificate. (d) Upon revocation of a certificate, said holder shall be ineligible for a new certificate for a period of two years. (e) Reinstatement. After suspension of a permit, a holder may file with the Director of Transportation a written request for reinstatement. The City Manager or his designee shall inspect the operation of the suspended holder to determine if the deficiency causing the suspension has been corrected by the holder. After inspection, the City Manager shall submit his recommendation together with supporting facts to the City Council. The City Council may as it determines appropriate, reinstate the certificate or deny reinstatement. Section 57-33. Same --Consideration of Application or Re -Application. When application for a certificate has been made, the City Manager or his designee shall determine if the public convenience and necessity will justify the granting of additional taxicab service, taking the following into consideration: (a) Financial responsibility of the applicant, i.e., solvency, indebtedness. applicant. (b) The number of taxicabs already in operation in the City. (c) The character, work experience and responsibility of the (d) The ability of the applicant to comply with the regulatory ordinances of the City, including the equipment and service proposed to be furnished. (e) Published reports and data generally accepted to be reliable with reference to the taxicab industry and transportation services in other cities of the United States may be utilized. (f) A comparison of the combined total annual trips of all certificate holders for the last three years may be used to assess the change in demand for taxicab service within the local economy. (g) Such other relevant facts as the City Council or City Manager may deem reasonably advisable, pertinent or necessary to aid in determining whether public convenience and necessity require the additional taxicab service. The matter of determining public convenience and necessity may be referred to the taxicab inspector for his advisory finding on such matter, and the taxicab inspector is authorized to hold such hearings as will give all interested parties an opportunity to present evidence on the question. 02D.007.02 -4- • Section 57-36. Same --Issuance. If it is determined from the investigation and hearing that the public convenience and necessity justify the granting of a certificate, a recommendation shall be made to the City Council that a certificate to operate taxicab service in the City be granted for a term not to exceed five (5) years from the date of issuance specifying the maximum number of taxicab vehicles which may be operated by the certificate holder during the five (5) year term. The applicant shall be notified of such recommendation. Section 57-37. Taxicab Street Use Fee. (a) Each owner holding a certificate to operate a taxicab upon the streets within the City shall pay the City each six (6) month period as a taxicab street use fee an amount equal to $175.00 times the maximum number of vehicles authorized by a current and valid certificate of convenience and necessity. (b) Not withstanding the provisions of Sec. 57-36 a certificate holder may, upon written request to the Director of Transportation or his designee, apply to increase or decrease prospectively the maximum number of vehicles authorized to be operated. Said request shall only be submitted at the time the six-month payment is rendered and, if approved, shall determine the maximum number of vehicles authorized to be operated during the following consecutive twelve (12) month period of the remaining term of the current certificate of convenience and necessity. (c) The number of vehicles in service by a certificate holder shall not exceed the maximum number of vehicles authorized to be operated under such certificate. (d) The annual street use fee shall be paid in two payments. The first half of the annual street use fee for any calendar year shall be paid on or after January 1, and before January 10. The second half of the annual street use fee shall be paid on or after July 1 and before July 10. (e) If the holder of the certificate shall fail to comply with any requirement herein or shall willfully file any false statements, the same shall be cause for a suspension or revocation of the certificate of convenience and necessity authorizing the holder to operate a taxicab service within the City. Section 57-41. Responsibility of Each Person in Engaging a Taxicab. By taking any action in connection with this Article II on taxicabs (including, but not limited to, inspections, investigations, administration, enforcement, recordkeeping, and theranting, suspension and revocation of certificates, licenses, and permits), the City and its 02D.007.02 -5- • agents and employees do not in any way represent or undertake to represent the fitness of any taxicab, driver, or aspect of a taxicab business, and it shall be the sole responsibility of each person to decide whether to engage or use a taxicab without relying on any action of the City. Section 57-85. Two-way Communications. (a) Each vehicle used as a taxicab shall be equipped with an operable two-way communications system to enable the driver of the taxicab to receive requests for service from the public using the business telephone number of the taxicab service and to respond or communicate such circumstances which render the taxicab unable to respond to such requests for service. (b) A certificate holder or driver shall not monitor the radio frequency of another holder for the purpose of responding to a call for taxicab service dispatched by the other holder's taxicab service. Section 57-97. Application for Taxicab Driver's Permit. To obtain a city taxicab driver's permit, each person shall make sworn written application to the taxicab inspector, which application shall be made upon the form provided and shall contain the following information: (1) The name, age and address of applicant. (2) The name of the business or person by whom the applicant expects to be or is employed. (3) The applicant's place of residence for the past five (5) years. (4) A full description of the applicant, including his height, weight, color of eyes and hair, distinguishing body features or marks, a full set of applicant's fingerprints and three (3) prints of the applicant's photograph. (5) Whether applicant has had experience driving a taxicab or in a related type of work. (6) Whether applicant has been convicted of or charged with a felony, misdemeanor or traffic law violation and, if so, full information concerning the same. The applicant shall execute a release authorizing law enforcement agencies, to the extent lawful, to furnish all his criminal history information record to the taxicab inspector, and authorizing release by the Taxicab Inspector to the prospective taxicab employer. The Taxicab Inspector may establish the reasonable time periods for which different kinds of criminal history information is required to be furnished. 020.007.02 -6- (7) • A medical report dated not more than thirty (30) days prior to date of application, from a local physician, which certificate shall certify that applicant does not suffer from any disease or disability which would impair his ability to operate a taxicab in a safe manner upon the streets of the city; such medical report shall specifically state the condition of hearing and eyesight of the applicant. (8) The number and date of issuance of applicant's Texas Class A, B, or C license. (9) The most recent date of completion of a certified defensive driving course. Section 57-98. Decision of Taxicab Inspector. (a) The taxicab inspector shall investigate or cause to be investigated the character, experience, and qualifications of the applicant for a taxicab driver's permit in order to determine the applicant's fitness to operate a taxicab consistent with the public safety and welfare. (b) The taxicab inspector shall determine that all provisions of this Division have been complied with, and shall consider whether issuance of a permit would constitute an unreasonable risk to the public safety and welfare. (c) The taxicab inspector shall consider whether the applicant has been guilty of a criminal act directly related to the occupation of taxicab driver. In determining whether the criminal act directly relates to said occupation, the taxicab inspector shall consider: (1) the nature and seriousness of the crime; (2) the relationship of the crime to the purpose of requiring a taxicab driver permit, for example, the following are deemed to have such a relationship because of danger to passengers and the property and potential for criminal activities enhanced by the large number of citizen contacts: a theft and other crimes of dishonesty, b assaultive crimes, c solicitation of prostitution, d sexual abuse crimes, e) crimes of alcohol or drug abuse, f) traffic offenses; (3) the extent to which the permit might offer an opportunity to engage in further criminal activity of the same type; (4) the extent and nature of the past criminal activity; (5) the age of the applicant when the crime was committed; 02D.007.02 -7- • (6) the amount of time elapsed since the applicant's last criminal activity; (7) the conduct and work activity of the person prior to and following the criminal activity; (8) evidence of rehabilitation efforts; (9) other evidence of personal fitness submitted by the applicant such as recommendations from prosecution, law enforcement, correctional officers. (d) Upon receipt of a release executed by the applicant, the Police Department shall furnish to the taxicab inspector all the applicant's criminal history information records lawfully available to the Department for licensing purposes. Said information shall be kept completely confidential by the Taxicab Inspector, except to the extent lawful, it may be provided to the applicant upon his request, it may be introduced in evidence in a proceeding in which the applicant contests denial of a permit, and it may be shown to the prospective taxicab employer in accordance with the applicant's release. Such information shall be used by the taxicab inspector for the sole purpose of determining the applicant's fitness. (e) It is the duty of every certificate holder to screen its drivers. While it is the intent of the City in its permitting process to provide protection to the public generally by exercise of police power, such exercise shall not relieve a certificate holder from its duty to determine the fitness of its drivers, and no certificate holder shall rely on the City taxicab driver's permit to excuse it from said duty. The continued employment by a certificate holder of, or contractual agreement with, any person as a driver whose record as a criminal or as a driver of motor vehicles as reflected by official court and Police Department records shows a lack of mental, emotional or tempermental capacity to be a safe and reliable driver will be taken into consideration by the City Council when requested to grant or renew a certificate of convenience and necessity. Section 57-100. Identification Cards. After the applicant has complied with all requirements of the provisions of this article and a permit has been issued, he shall receive two (2) identification cards, one of which shall contain the full view photograph of the applicant, police identification number, and further, such card shall read: "TO THE PASSENGER OF THIS CAB: If the description of the driver of this cab does not conform to the photograph hereon, you will please leave the cab and notify the department of police immediately, giving the number of cab and the operating name of the company." 02D.007.02 -8- • • The identification card will be posted in full view in the passenger compartment of the taxicab which the applicant may be operating, and each taxicab in operation within the City under the provisions of this article will be required to purchase a container to receive this card, which container will be permanently attached to each taxicab. In addition to the card required for the taxicab, a driver's permit in card size will be issued which shall contain the photograph, full description, residence address and police identification number of the applicant. Such card shall be carried on the person of the applicant and presented for identification purposes on demand of any passenger, the taxicab inspector or any police officer of the City. Section 57-103. Duration and Renewal of Driver's Permit. The taxicab driver's permit, when issued, shall not be transferable and same shall be valid for a period of twelve (12) months and shall expire automatically unless renewed. No renewal shall be issued thirty (30) days after a permit has expired. No renewal of any taxicab driver's permit shall be issued unless and until the applicant for renewal shall have shown proof of satisfactory completion of a certified defensive driving course within the two-year period immediately prior to the application for renewal; and provided further, that the applicant must have maintained a satisfactory driving record according to standards established by the taxicab inspector. Section 57-104. Suspension or Revocation of Taxicab Driver's Permit. Any taxicab driver's permit may be either suspended for any period of time not to exceed thirty (30) days or revoked by the taxicab inspector if the holder of such permit violates any of the provisions of this division. Material misrepresentations on the driver's application are grounds for revocation. Such permit may also be revoked or suspended if the holder of the permit is guilty of a crime or traffic offense directly related to the holder's fitness to continue as a taxicab driver. Every suspension or revocation of the permit shall be dated and in writing and state the reason for such suspension or revocation. Such notice shall immediately be sent to the holder of such permit to the address shown on the identification card. Such order of suspension or revocation shall be effective as of the date of sending such notice; provided; however, that the person whose permit has been suspended or revoked may, within five (5) days after the date of sending such notice, appeal to the City Manager for reinstatement by a request in writing for such relief. The City Manager or his designee shall set a date not later than five (5) days following receipt of the notice of appeal for a hearing and after such hearing shall either sustain, reverse, or modify the order of the taxicab inspector. If no appeal is taken within the time and by the method hereby provided, then the order of suspension or revocation by the taxicab inspector shall be final. 020.007.02 -9- • • Section 57-114. Aiding Prostitution. It shall be unlawful for any driver of a taxicab to knowingly transport any passenger to the abode of a prostitute or knowingly to transport any criminal, narcotic peddler, prostitute or bootlegger in the commission of a crime or infraction of the law in any manner, or act in any manner as a panderer or pimp for prostitutes, or a contact for unlawful establishments of any character. Violations of this section shall be brought to the attention of the respective certificate holder that the taxicab driver is contracted with or employed by. Repeated occurrences, by the same or other drivers of the certificate holder shall be grounds for suspension or revocation of the certificate of convenience and necessity. SECTION 2. If for any reason any section, paragraph, subdivi- sion, clause, phrase, word or provision of this ordinance shall be held valid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating in substance the purpose of the ordinance, this ordinance to become effective upon such publication. 02D.007.02 -10- • • .3 That the foregoing ordinance wa read for flit time and gassed to its second reading on this the day of , 19A by the following vote: 7 Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong That the foregoing ordinance was read fort second time and gaped to its third reading on this the (e day of A c c , 19 TaJ , by the following vote: Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero That the fore gqi�ng ordinanc was rep for th t ird time and passed finally on this the � t1. day of 4.4 19gj� , by the following vote: Joe McComb Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong Luther Jones Dr. Jack Best David Berlanga, Sr. Leo Guerrero Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong PASSED AND APPROVED, this the /311` day of ATTEST: C1yS APP DVED: DAY OF l�w .19f61 ► Assistant y ;_�. 18976 �/ MAY'R f , 19 SE. THE C TY OF CORPUS CHRISTI, TEXAS