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.
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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
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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.
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(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.
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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
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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.
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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;
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(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."
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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.
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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.
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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