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HomeMy WebLinkAbout022546 ORD - 04/23/19961 AN ORDINANCE AMENDING THE CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 57, VEHICLES FOR HIRE, ARTICLE II, TAXICABS, TO AMEND REQUIREMENTS FOR OBTAINING A CERTIFICATE TO OPERATE TAXICAB SERVICE; TO DELETE THE REQUIREMENT OF CONVENIENCE AND NECESSITY TO OBTAIN A CERTIFICATE; TO AMEND THE ADMINISTRATIVE PROCESS FOR TAXICAB CERTIFICATES; TO DELETE THE SELF INSURANCE SECTION; TO INCREASE THE MAXIMUM WAITING TIME CHARGE FROM $12.00 AN HOUR TO $24.00 AN HOUR; AND OTHER CHANGES RELATED TO TAXICAB REGULATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING FOR PENALTIES; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Sections 57-20, 57-26, 57-27, 57-28, 57-29, 57-32, 57-33, 57-34, 57- 36, 57-37, 57-58, 57-98, 57-114 and 57-135 of the Code of Ordinances, Chapter 57, Vehicles for Hire, are hereby amended as follows: Sec. 57-20. Definitions. The following terms, as used in this article, shall have the meanings respectively ascribed to them: Certificate. A certificate authorizing taxicab service in the Cit of Corpus Christi issued pursuant to this article. Driver or chauffeur: Shall be held to include every person in actual charge of the operation of a taxicab, whether he is the owner or is an agent, servant or employee of the owner. For hire: For money or other thing of value, gratuities, tips and free-will offerings, whether paid directly or indirectly, as compensation or consideration for services rendered. Owner. Any person, firm, corporation, association, partnership or society who holds a valid and current certificate famaehise-g.m ted prieft to Neve.,,ber 24, 1982, and who has the control, direction, maintenance and the benefit of the collection of revenue derived from the operation of one or more taxicabs on or over the streets or public ways of the city, whether as owner or otherwise. itcgpE11.MEu 2 Taxicab: Every automobile or motor -propelled vehicle used for the transportation of passengers for hire over the public streets of the city and not over a defined or fixed route, irrespective of whether or not the operations extend beyond the city limits, at rates for distance traveled, for waiting time, for both or at rates per hour, per day, per week or per month under circumstances that such vehicle is routed under the direction of the passenger hiring same. The term "taxicab" does not include driverless vehicles nor does it include vehicles operated exclusively under any special certificate carrying to or from any municipal airport of the city to any point within the city or through any part of the city, but the provisions relating to drivers shall apply to all vehicles operated under special certificate, as well as other vehicles included herein, when a driver is furnished. Taxicab stand: A public place alongside the curb or curbline of a street which has been designated by the city traffic engineer as reserved exclusively for the use of taxicabs in accordance with the provisions of this article and the traffic ordinances of the city. Taximeter. A machine adapted automatically to calculate at a predetermined rate and to register the charge for hire of a taxicab, and such charges shall be indicated numerically. 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 final destination; and no charge shall be made against a passenger for any time lost on account of any other delay whatsoever. Sec. 57-26. Certificate holder and driver to comply. (a) Certificate holder. In the operation of a taxicab service, a holder shall comply with the 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, regulations established 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. Sec. 57-27. Certificate holder's duty to enforce compliance by drivers. (a) A holder of a valid and current certificate shall establish policy Taxi.wpd April 19, 1996 (10:23am) 3 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 authorizing the holder to operate a taxicab service within the city. Sec. 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 driycr; a_d mzvcrzara- (3) (44) Provides that failure to comply with any requirements of the City Code by the driver will Taxi.wpd April 19, 1996 (10' Sam) 4 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 city manager or his designee before the contract is valid. The dircctor of transportation city manager or his designee may 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 city manager or his designee. Sec. 57-29. Suspension and revocation of certificate. Any certificate may be either suspended for any period of time not to exceed six (6) months or revoked by the taxicab inspector. (1) The taxicab inspector shall suspend or revoke a certificate of if it is determined that the holder has: a. Failed to comply with a correction order issued to the holder by the dircctor transportation taxicab inspector, within the time specified in the order; or b. Intentionally or knowingly impeded the city manager or a law enforcement agency in the performance of their duties; or c. Failed to comply with the requirements established in this article in any way; or d. 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 e. Substantially breached the terms of the certificate; or f. Failed to pay city ad valorem taxes, when due, on all vehicles and other equipment used in connection with the taxicab service; or g. Failed to pay the street use fee at the time it is due. (2) Every suspension or revocation of the certificate 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 Taxi.wpd April 19, 1996 (1923am) T 5 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 taxicab inspector shall be final. (3) A suspension of a certificate shall not affect the expiration date of the certificate. (4) Upon revocation of a certificate, said holder shall be ineligible for a new certificate for a period of two (2) years. (5) Reinstatement. After suspension of a permit, a holder may file with the dircctor of transportation city manager a written request for reinstatement. The taxicab inspector 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 eity managertaxicab inspector shall submit his recommendation together with supporting facts to the city eouneil manager. The city eeeineil manager or his designee may as it lie determines appropriate, reinstate the certificate or deny reinstatement. Sec. 57-32. Same --Information to be given. Every application for a certificate under this article shall include the following information: (1) The name and address of the applicant. (2) A sworn statement by the applicant (which term shall include every person with a ten percent or greater ownership interest in the applicant) that there does not exist any unsatisfied final judgment against the applicant or any entity in which the applicant has or. at the time of judgment. had a ten percent or greater ownership interest. which judgment arose out of the operation of a taxicab business. (3) (4) Experience of the applicant in the transportation of passengers. Whether the applicant has been convicted of criminal offenses listed by the City Manaaer or his designee as reflecting unfitness to operate a public transportation service. rni. wpd April 19, 1996 (1023u0 6 (5) The minimum and maximum number of vehicles proposed to be operated by the applicant. (6) Location of proposed base of operations and call box stands. (7) The color scheme and insignia to be used to designate the vehicles of the applicant. (8) The model year. make. current license number. and vehicle identification number of each vehicle the applicant expects to use in its operation. and the The probable age and condition of the oter vehicles tt applicant expects to acquire. (2) Proof that he has in effect required insurance covering operations under the certificate. (9) (I Q) The public telephone number to be used by the public to request service. (10) (e) A description of the communications system to communicate requests from prospective passengers to the taxicab driver. (fl) Payment in advance for taxicab use fee for the initial three (3) month period under Section 57-37. Sec. 57-33. Same --Consideration of application or reapplication. When application for a certificate has been made, the city manager or his designee shall determine if the Article. applicant has complied with the provisions of this the equipment a:ad-service prepes d-to-be4h.riah. d. Tui.wpd April 19. 1996 (10.29...) 7 The matter of determining whether the applicant has complied with the provisions of this Article 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. Sec. 57 34. Reserved. Sec. 57-36. Same --Issuance. If it is determined from the investigation and hearing that the applicant has complied with t _e provisions of this article •- - • : -, a recommendation shall be made to the city council manager or his designee 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. Sec. 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 three (3) month period as a taxicab street use fee an amount equal to one hundred dollars ($100.00) times the maximum number of vehicles authorized by a current and valid certificate . The maximum number of vehicles shall be no lower than five (5) (b) .. Notwithstanding the provisions of section 57-36 a certificate holder may, upon written request to the city manager or his designee, apply to increase or decrease prospectively 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 ef Tui wpd April 19, 1996 (1923am) 8 (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 (2) four (4) payments. The first half of as follows: on or after January 1 and before January 10• on or after April 1 and before April 10: on or after July 1 and before July 10: on or after October 1 and before October 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 authorizing the holder to operate a taxicab service within the city. than thc limits specified in scction 57 56 above. A certificate from thc Texas Department of Public above. Sec. 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 T.xi wpd April 19, 1996 (10 23am) 9 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; (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 Taxi.wpd April 19, 1996 (10:23am) 10 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 temperamental 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 Sec. 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, prostitution 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 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 neeessity• Sec. 57-135. Fares --Amounts. There is hereby established as the rates of fare for taxicabs within the city limits of the city of Corpus Christi for one or more persons, not exceeding five (5) persons, of one dollar and thirty five cents ($1.35) for the first one-fifth mile or less, and twenty-five cents ($0.25) additional for each succeeding one-fifth mile or fraction thereof. For each one hour of waiting time, the maximum charge shall be twenty four dollars ($24.001 accumulated in increments of twenty-eents-(4040) forty cents ($0.40) per minute. The above established rates of fare are the maximum that may be charged, provided however, for fares collected from passengers picked up at the airport, such airport passenger fares may include a fifty cent ($0.50) surcharge per fare collected from one or more persons not to exceed five (5) persons. Lower rates may be charged at the option of the taxicab certificate holder. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or Taxi.wpd April 19, 1996 (10 23am) 11 provision of this ordinance shall be held invalid 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. Nothing in this Ordinance shall be construed to restrict the City in the future from instituting or reinstituting a certificate of public convenience and necessity requirement or any other form of regulation deemed necessary to protect the public health and safety. SECTION 4. Publication of this ordinance shall be made in one issue of a newspaper of general circulation in the city in accordance with the requirements of the Charter of the City of Corpus Christi after which publication this ordinance shall be in force. SECTION 5. Violations of this ordinance shall be prosecuted under Section 1-6 of the City Code. SECTION 6. That upon written request of the Mayor or five Council members, copy attached, to find and declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure this the 2.3 day of (k4 i 1 , 1996. ATTEST Armando Chapa, City Sdefetary THE CITY OF CORPUS CHRISTI APPROVED THIS 1 / DAY OF C L t^-% , 19 c9 JAMES R.BRAY JR., CIITY ATTORNEY ., By: A Lisa Ortiz, Assistant City Attorney Taxi wpd April 19, 1996 (3'' 19pm) Corpus Christi, Texas 2c3 Day of no Lt 19 Ci tO TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, MAYOR THE CITY OF CORPUS CHRISTI Council Members The above ordinance was passed by the following vote: Mary Rhodes Dr. Jack Best Betty Black Melody Cooper Tony Heldenfels Betty Jean Longoria John Longoria Edward A. Martin Dr. David A. McNichols 1 PUBLISHER'S A}FIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: Ad # 588095 PO # Before me, the undersigned, a Notary Public, this day personally came Darrell G. Coleman, who being first duly sworn, according to law, says that he is Vice -President and Chief Financial Officer of the Corpus Christi Caller -Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 022546 32318 which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 30TH day(s) of APRIL. 1996. ONE (1) Time(s) $ 57.35 1 Vice -President and Chief Financial Officer Subscribed and sworn to before me this 8TH day of MAY. 1296. Notary Public, Nueces County, Texas CONNIE HARALSON Print or Type Name of Notary Public My commission expires on 5/14/97. ;miiIf j1Ii��1izeti f . grrip4. jm!iPE,3114 Is' B12P0 SiiS .psiftft 1 Ig II'