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HomeMy WebLinkAbout029705 ORD - 12/18/2012Ordinance Amending Chapter 57, Article II "TAXICABS" of the Corpus Christi Code by modifying, clarifying and expanding taxicab inspector's duties, modifying and clarifying enforcement, procedures, and regulations for owners, operators, and drivers of vehicles for hire, repealing section 57 -34 public notice of application, increasing fees for taxicab certificates, permits, and street user fees, and increasing fares for taxicabs; Amending Chapter 57, Article IIIA "LIMOUSINE AND SIGHTSEEING SERVICE" of the Corpus Christi Code by modifying and clarifying enforcement, procedures, and regulations for limousines and sightseeing services and increasing fees for permits and street user fees; Providing an effective date; Providing for severance; and Providing for publication. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 57, Article II "TAXICAB" is revised to read as follows: ARTICLE II. — TAXICABS Sec. 57 -20. - Definitions. The following terms, as used in this article article III, and article IIIA shall have the meanings respectively ascribed to them: Business Days: The official workinq days of the City of Co us Christi not including weekends or public.holidays. Certificate A certificate authorizing taxicab or vehicle for hire service in the City 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 or vehicle for hire 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. Mobile Data Terminal or MDT. a computerized GPS dispatch system terminal that is mounted in the vehicle to allow for dispatching of taxicabs. Owner-: Any person, firm, corporation, association, partnership or society who holds a valid 029705 INDEXED and current certificate 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. 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. Vehicle for hire.:. Shall mean every chauffeured vehicle, other than mass transit vehicles or vehicles involved in an organized car pool not available to the general public which operated for any fare or compensation and used for the transportation of passengers over city streets. Such vehicles shall include but not be limited to taxicabs, buses, vans motor coaches, limousines, classic vehicles, luxury vehicles, horse drawn carriages and pedicabs. 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 -21. - Enforcement and administration— Generally. Enforcement and administration of the provisions of this article and the supplemental regulations for Taxi cabs at the Corpus Christi International Airport shall be a function of such officers and employees of the city as may be designated by the city manager. The designated employees shall exercise powers and promulgate rules necessary to enforce the provisions of this article. Sec. 57 -22. - Same — Police assistance. The taxicab inspector and such other employees as are designated by the city manager or his designee may call upon the police department of the city for cooperation in enforcing the provisions of this article, and it shall be the duty of the chief of police to direct the members of the police department to give such cooperative action as requested, and it shall further be the duty of all police officers of the city to make investigations of violations of this article and to make arrests for violations of this article committed in their presence in the same manner as for violations of the traffic ordinances of the city. Sec. 57 -23. - Taxicab inspector—Appointment. Taxicabs and vehicles for hire shall be under the supervision of the taxicab inspector of the city, who shall be appointed with the approval of the city manager. Sec. 57 -24. - Same — Duties generally. It shall be the duty of the taxicab inspector to receive all applications for certificates to operate taxicabs and vehicles for hire and to receive all other applications under this article, conduct hearings thereon, from time to time inspect the operations of taxicabs and vehicles for hire inspect the taxicab and vehicles for, hire vehicles within the city,.- enforcement of ci ordinances and such other duties as may be required of him in connection with the taxicab and vehicle for hire operations. Sec. 57 -25. - Same — Records and reports; action to suspend or revoke privilege; records and reports by others. The taxicab inspector shall establish, maintain and keep a system of records showing whether the holder of any certificate to operate a taxicab or vehicle for hire in the city has been guilty of a breach of any condition of such certificate or has failed to comply in any material manner with the terms and stipulations thereof, and the taxicab inspector shall take action when, in his opinion, the certificate of any such operator should be suspended or revoked or penalties imposed on the holder under all the facts and circumstances reflected by the records. The records to be kept by the taxicab inspector as to performance of certificate holders shall include, but without limitation, records of charges, convictions, reprimands, warnings, and observations of officers and employees of the city concerning the performance of any certificate holder or employee of such holder. Sec. 57 -26. - Certificate holder and driver to comply. (a) Certificate holder. In the operation of a taxicab or vehicle for hire 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. (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 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 or vehicle for hire 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 or vehicle for hire 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, vehicle for hire owner and any taxicab or vehicle for hire 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 or vehicle for hire and conduct himself in compliance with the Code of Ordinances of the City of Corpus Christi included but not limited to Article 11, Taxicabs; Division 4, Vehicles; Division 5, Drivers; Division 6, Taximeters, Fares; and (4) 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 fGrrn E)f the GGntFaGt between a holder and dFiYeF mustbe reviewed and approved by regulatiORS established undeF th GhapteF. A heldeF may not use a Gentracot, that haps f;Gt been approved by the Gity manager 9F his The contract between a holder and driver must be consistent with regulations established under this chanter. The certificate holder must provide contracts upon request from the City. Any certificate holder who enters a contract inconsistent with regulations established under this chapter is subject to suspension or revocation. 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 if it is determined that the holder has: a. Failed to comply with a correction order issued to the holder by the taxicab inspector or his designee, within the time specified in the order; or b. Intentionally or knowingly impeded the city manager or his designee, the taxicab inspector 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) business 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 day fifteen (15) business 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 city manager or his designee 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 taxicab inspector shall submit his recommendation together with supporting facts to the city manager. The city manager or his designee may as he determines appropriate, reinstate the certificate or deny reinstatement. DIVISION 2. - CERTIFICATE, FEES, BUSINESS REGULATIONS Sec. 57-30. - Certificate, license and permit required. It shall be unlawful for any person to drive or operate or to cause to be driven or operated any taxicab upon or over any street or thoroughfare in the city unless the owner or operator thereof has first secured a certificate from the city to operate a taxicab and the required license and permit to operate such vehicle under this article has been issued. Sec. 57 -31. - Certificate application — Requisites, filing. Every person proposing to operate a taxicab service in the city shall make application in writing on forms provided by the city requesting a certificate pursuant to the terms of this article for such proposed taxicab service. Such application for certificate to operate a taxicab service shall be verified under oath and shall be filed in triplicate and accompanied by a nonrefundable filing fee of {$200:00} two hundred fifty dollars ($250.00) to cover administrative costs and the costs of publication of notices as required in this article. 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 (10) per cent 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 (10) per cent or greater ownership interest, which judgment arose out of the operation of a taxicab business. (3) Experience of the applicant in the transportation of passengers. (4) Whether the applicant has been convicted of criminal offenses listed by the city manager or his designee as reflecting unfitness to operate a public transportation service. (5) The minimum and maximum number of vehicles taxicabs proposed to be operated by the applicant. The minimum number of vehisaes taxicabs placed into service at the time of issuance of a certificate shall be at least one (1). (6) Location of proposed base of operations and oall box stands within the Corpus Christi city limits and in a location other than a dwelling. (7) The color scheme and insignia to be used to designate the vehicles of the applicant, which shall be distinct and unique from any other taxi company currently operating. (8) The model year, make current license number, and vehicle identification number of each �,°tiies taxicab the applicant expects to use in its operation aid - he probable age and G O . . .......... o ot ... .... nvwv a ha.. cw pnlinant eXGepts to (9) Proof that he has in effect required insurance covering operations under the certificate. (1 Q) The public telephone number to be used by the public to request service. (11) A description of the dispatch system to communicate requests from prospective passengers to the taxicab driver. (12) Payment in advance for taxicab use fee for the initial three -month period under section 57- 36 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 applicant has complied with the provisions of this article. 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 opportun to present evidence on the question. S e. 57 3d. S9111n- Publ not -Geti Of applicati hear ings. e the taxqGa r -aper of the city. The notice shall state that aR appliGatioR has beeR f fGF a taxiGab 0 the appliGant, kind of equipment and the GWReFship of same and all Gther oer-tineRt datia se a GOFnplaintS OF Sec. 57 -35. - Same — Issuance. If it is determined from the investigation and hearing that the applicant has complied with the provisions of this article, a recommendation shall be made to the city 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 -year term. The applicant shall be notified of such recommendation. Sec. 57 -36. - 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 -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. For the purpose of calculating the taxicab street use fee, the maximum number of vehicles shall be no lower than five (5). (b) Notwithstanding the provisions of section 57 -35 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 -month period of the remaining term of the current certificate. (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 four (4) payments 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. A twenty percent (20 %) late fee shall be applied to any street use fee submitted past the established deadlines. (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. Sec. 57 -37. - Payment of taxes, fees, etc. It shall be the duty of every owner of any taxicab operated within the city to render for an pay all ad valorem taxes to the city for all vehicles and other equipment used in such business, and a failure to render for and to pay such ad valorem taxes to the city, twenty percent (20 %) late fee when paid_ after the tenth (10 day of each quarter or failure to pay any other fees, licenses or charges to the city before they become delinquent shall, if not paid after written notice of default, operate as a revocation of any certificate, license or permit authorizing the operation of taxicabs over the public streets, alleys and ways of the city. Sec. 57 -35. - Report as to drivers in charge of particular taxicabs. The owner of any taxicab used in the business of carrying passengers for hire upon the streets of the city and which is licensed to carry on such business shall, upon request of the taxicab inspector, report the drivers who are in charge of the particular cars at a specified time. Sec. 57 -39. - Records in connection with calls. Every holder of a certificate and owner or operator of a taxicab shall keep accurate records relating to calls received and services performed, the time of such calls or services, the name of the driver performing the service or making the service call, the place of such call and the time of return from such call; add and access to such records shall be given to the taxicab inspector or the chief of police; and every refusal to give such records or furnish information kept regarding such matters shall be and is hereby made a misdemeanor and may additionally result in a suspension or revocation of certificate. Sec. 57 -40. - Responsibility of each person in engaging a taxicab or vehicle for hire By taking any action in connection with this Article II Article III and Article IIIA on taxicabs or any vehicle for hire (including, but not limited to, inspections, investigations, administration, enforcement, recordkeeping, and the granting, suspension and revocation of certificates, licenses, and permits), the city and its agents and employees do not in any way represent or undertake to represent the fitness of any taxicab, driver, or aspect of the taxicab business, and it shall be the sole responsibility of each person to decide whether to engage or use a taxicab or vehicle for hire without relying on any action of the city. Secs. 57- 41- 57 -55. - Reserved. DIVISION 3. - FINANCIAL RESPONSIBILITY Sec. 57 -56. - Liability Insurance— Generally. Before any license or permit shall be issued to any owner or operator of a taxicab or before any renewal of a license or permit shall be granted, the owner or operator shall be required to file a certificate of insurance with the taxicab inspector and thereafter keep in full force and effect a policy of pine auto liability insurance with a company duly authorized to do business in the state State of Texas and performable in the county, insuring the public against any loss or damage that may result to any person or property from the operation of such vehicle, provided, that the maximum amount of recovery in such policy of insurance specified shall not, for each vehicle, be less than fifty thousand dollars ($50,000.00) for injury or death of one (1) person and one hundred thousand dollars ($100 - 1 000,00) for injuries or deaths in any one (1) occurrence; and not less than twenty -five thousand dollars ($25,000.00) for injury to or destruction of property in any one occurrence, Each insurance policy shall require notice from the insurer to the city at least ten (10) days before any such policy is to be terminated for any reason by the insurer or by the insured. So as to adequately protect the City of Corpus Christi and its residents, the diFeCtOF Gf safety and Fisk management Risk Manage shall have the authority to adjust auto liability insurance coverage limits in accordance with section 17 -19 of this Code of Ordinances. Sec. 57 -57. - Same — Continuing liability of insurance. All policies of public liability insurance shall contain a provision for continuing liability thereon up to the full amount thereof, notwithstanding any recovery thereon. Sec. 57 -58. - Nonliability of city for pecuniary responsibility. Neither the city nor any officer thereof shall be held liable for the pecuniary responsibility or solvency of any certificate holder or insurer or in any manner become liable on account of any act or omission relating to the operation of a taxicab or vehicle for hire Secs. 57- 59 -57 -74. - Reserved. DIVISION 4. -VEHICLES Sec. 57 -75. - License required. It shall be unlawful for any person to drive or to operate or to cause to be driven or operated any taxicab upon or over any street in the city unless there has been obtained for such taxicab and existing in full force and effect a license duly issued by the taxicab inspector as provided in this division. However, for inspection purposes, an employee of the company may bring the taxi cab for inspections to the designated inspection point or for maintenance purposes an employee of the company may drive a taxi on city streets with the off duty sign on the dashboard. Sec. 57 -76. - Prerequisites to issuance of license. Upon obtaining a certificate to operate a taxicab service in the city as provided in this article, the holder shall make application to the taxicab inspector for a license to be issued for each vehicle to be operated as a taxicab. The application shall be accompanied by an inspection fee Of for, dollars ($10 fifteen dollars 15 per vehicle to be licensed. Prior to the issuance of a license for a taxicab, the taxicab inspector shall conduct an inspection of the vehicle to determine that it complies with the requirements of this article and the regulations promulgated pursuant thereto. In the event a vehicle fails to pass this inspection, the certificate holder shall have ten (10) business days to remedy any defects and submit the vehicle for reinspection without the necessity of payment of an additional inspection fee. After the ten (10) business day reinspection period has lapsed, an additional fifteen dollar ($15) inspection fee per vehicle to be licensed will be applied. Sec. 57 -77. - Nontransferability of license. No license issued under the terms of this division shall be transferred to any other vehicle. No license shall be used for the operation of any vehicle under the provisions of this division except for the vehicle for which the license was issued. Each license shall be valid for so long as the vehicle remains in service as a taxicab and complies with the continuing requirements of this division and the regulations promulgated pursuant thereto. Sec. 57 -78. - Posting license. The license issued for the operation of a taxicab under the terms of this division shall be posted within the taxicab in a conspicuous place. Sec. 57 -79. - Contents of license. The license shall state the year in which the license is issued and the name of the owner of the vehicle. It shall designate that the vehicle is a "taxicab," shall state the matte of the vehicle, the vehicle identification number of the vehicle and current license number of the vehicle and shall further state that the owner or operator of the vehicle has deposited with the city a certificate of insurance providing for the protection of the passengers thereof and of the general public as provided for in this article, and the license shall be signed by the taxicab inspector of the city. Persons desiring to file complaints or comments concerning the operation or condition of a taxicab may refer to the contents of the license to note pertinent information and forward such complaints or comments to the taxicab inspector at the address indicated on the license. Sec. 57 -80. - Inspections — Generally. It shall be the duty of the taxicab inspector to inspect every licensed taxicab or vehicle for hire on n ay an annual basis for the purpose of determining whether such vehicle is safe and in acceptable condition to be operated as a taxicab or vehicle for hire as described in section 57 -87. The certificate holder shall submit such vehicle to the taxicab inspector for inspection at the time and place specified by the inspector. An inspection fee of $15 per vehicle will paid in advance. If the taxicab inspector finds such vehicle to be in a safe and acceptable condition, an inspection seal designed by the taxicab inspector shall be placed on the vehicle's windshield stating the date and that the vehicle was approved by the inspector. No taxicab shall be operated in the city without the seal of the taxicab inspector indicating current inspection. If the taxicab inspector finds that the taxicab is in a defective condition and is unsafe or unacceptable to be used as a taxicab, he shall remove the inspection seal and order such vehicle not to be used as a taxicab until the defect so discovered shall be remedied. After the owner of such vehicle has remedied the defect, he shall again offer the same for inspection, and if the taxicab inspector shall find such vehicle to be safe and acceptable for public use, he shall approve the same as hereinbefore provided. NG additional fee for +nspeCt*GR shall be rhaFged In the event a_ vehicle fails to pass this initial ,inspection, the certificate holder shall have ten 10 business days to remedy any defects and submit the vehicle for reinspection without the necessity of payment of an additional inspection fee. After the ten 10 business day reins ection period has lapsed an additional fifteen dollar 15 inspection fee per vehicle to be licensed will be applied. Nothing contained herein, however, shall prevent the taxicab inspector from inspecting any taxicab at any reasonable time that he sees fit, and he is expressly. given power so to do, and upon finding such taxicab to be in a defective, unsafe or unacceptable condition, he shall remove the inspection seal and order its use as a taxicab discontinued until the taxicab is approved and the inspection seal placed on the windshield. Sec. 57 -81. - Same —Right of appeal from decision of inspector. Should the taxicab inspector find any taxicab or vehicle for hire in a defective condition and order its use as a taxicab or vehicle for hire discontinued, the owner of such taxicab or vehicle for hire shall have the right to appeal to the city manager or his designee within ten (10) business days from the date of such finding and order, and the appeal shall be perfected by letter addressed to the city manager or his designee, stating that an appeal from the ruling and order of the taxicab inspector is desired. Upon receiving such appeal and notice thereof, the city manager or his designate shall within fi ve ( 5) d ay s fifteen 15 business days hear such appeal and shall either sustain, modify or reverse the decision of the taxicab inspector. If no appeal is taken from the decision of the taxicab inspector in the time as provided herein, the decision of the taxicab inspector shall be final. Sec. 57 -82. - Operation of taxicabs. No taxicab for which a license shall have been issued shall be operated by anyone except a driver properly permitted to operate a taxicab under this article except for inspection and maintenance purposes as prescribed in section 57 -75. Sec. 57 -83. - Identification on taxicabs. Every taxicab shall have placed on the front door or panel on each side of the cab the name of the owner or the assumed name under which the owner operates, together with the company's telephone number and the cab number. The number of the cab and the telephone number of the owner shall also be placed upon the rear of any such vehicle. All of the lettering mentioned in this section shall not be less than two and one -half (2Y2) inches in height and not less than five - sixteenths stroke with such paint or decalcomania as will weather the elements. Such lettering and paint must be kept legible at all times. Sec. 57 -84. - Signal indicating occupancy of taxicab. There shall be affixed on the outside top and front portion of each taxicab an electric light that can be turned on or a flag, signal or other device that may easily be seen by people on the street or sidewalks in the vicinity of such taxicab, and when a passenger engages and enters such taxicab the light shall be turned on or the flag, signal or other device shall be placed in such position as to denote that such taxicab is employed. Sec. 57 -85. - Two way GemmuniGations. Dispatch Communication System. (a) After June 31 2013, each vehicle used as a taxicab shall be equipped with 'air two —way radio dispatch communications system or a Mobile Data Terminal 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. Cell phones are prohibited for the use of receiving request for service from the public. Taking or making cell phone calls or texting is p rohibited with a passenger in the vehicle. (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. Sec. 57 -86. - Taxicab stands —Use relations. Taxicab stands shall be occupied only by taxicabs having licenses in good standing. Vehicles shall be in numbers in accordance with the number of spaces designated at the respective locations. It shall be the duty of the city to place signs bearing the number of spaces of each taxicab stand. No vehicle other than a licensed taxicab shall be permitted to stop, stand or park for any purpose in any designated and established taxicab stand. Sec. 57 -87. - Condition of taxicab and vehicles for hire vehicles. All taxicab or vehicle for hire vehicles shall be determined to be in a safe, acceptable condition by the taxicab inspector. The taxicab inspector shall pass a vehicle for inspection when the following minimum standards are met: (a) Operational condition: (1) Shall satisfy all minimum state safety standards including but not limited to a current state inspection sticker, and current fire extinguisher; (not applicable to horse drawn carriages and edicabs (2) Shall be free of excessive visible exhaust, excessive engine noise and readily identified mechanical defects including but not limited to the brake system, transmission system, ignition system, air - conditioning and heating systems. ( not applicable to horse drawn carriages and edicabs (b) Exterior condition: (1) The body and trim shall be intact, not be dent -have excessive dents or bent out of shape. In the event a vehicle is dented and waiting on claim the vehicle may be driven as lone as the claim is pending and the damage does not impeded the safe operation of the vehicle. (2) The exterior paint shall be free of rust, flaked or scraped areas. (3) The windshield shall be free of cracked glass. (c) Interior condition: (1) The interior shall be free of dust, dirt, rubbish, and be otherwise clean and sanitary. (2) The interior {paint shall be free of rust, flaked, or scraped areas. (3) The coverings of floors, overhead liner, seats, head and arm rests shall be repaired of all rips, tears, and worn areas on the cover material. (4) The interior trunk shall be clean, sanitary, and free of debris. Sec. 57 -88. - Age of vehicle. The certificate holder shall not allow a vehicle in his or her taxicab service to be more than six (6) years old at the time it is placed into service, nor more than ten (10) years old while it is maintained for service. The age of the vehicle shall be calculated from January 1 of the model year of the vehicle. No vehicles which are more than ten (10) years old, as calculated above, may be used as taxicab vehicle. Exception: No vehicles modified with specialized access equipment to service persons with disabilities which are more than fifteen (15) years old, as calculated above, may be used as taxicab vehicle. Vehicles modified with specialized access equipment, to service persons with disabilities which are more than ten (10) years old must pass an annual physical and _mechanical inspection at a location to be designated by the Taxi Inspector. Vehicles modified with specialized access equipment to service persons with disabilities which are more than ten (10) years old must be approved by the Taxi Inspector. Secs. 57- 89- 57 -95. - Reserved. DIVISION 5. - DRIVERS Sec. 57 -96. - Taxicab or vehicle for hire driver's permit required; permit fee (a) Every person desiring to drive a taxicab or vehicle for hire in the city shall apply for and obtain a taxicab or vehicle for hire driver's permit from the taxicab inspector. It shall be unlawful for any person holding a certificate for the operation of a taxicab service in the city to permit any person to drive a taxicab or vehicle for hire unless such person shall have a driver's permit in good standing duly issued by the taxicab inspector, with the exception of inspection purposes under section 57 -75. (b) The fee for an original, renewal or transfer taxicab or vehicle for hire driver's permit is a nonrefundable fi dollars ($40.00-150.00) and shall be paid at the time the permit application is filed with the taxicab inspector. The fee for a replacement permit is tern twenty dollars ($10.08 20.00). Sec. 57 -97. - Application for taxicab or vehicle for hire driver's permit. (a) To obtain a city taxicab or vehicle for hire driver's permit, each person shall make a 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 contracted with. (3) The applicant's place of residence for the past five (5) years. Applicant must be a resident of Corpus Christi, Nueces County or the contiguous counties bordering Nueces County for three (3 ) months. (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 throe (3) .,rims evF appliGaRt'c phetee iaph four (4) current passport photos of applicant Taxi Inspector shall have the authority to determine acceptable photographs. (5) Whether applicant has had experience driving a taxicab or vehicle for hire or in a related type of work. (6) Whether applicant has ever been convicted of or charged with a felony- misdemeanor e,r +mffie• ,einlo +inn and, if so, full information concerning the same. Whether applicant has been convicted of or charged within the past three (3) years of a 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 or vehicle for hire employe F company The taxicab inspector may establish the reasonable time periods for which different kinds of criminal history information is required to be furnished. (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, not to exceed two 2 ears between completion date and application date. (b) An applicant may receive a temporary taxicab or vehicle for hire driver's permit that will expire thirty (30) calendar days after the date it is granted while pending satisfaction of subsections (a)(7) and (a)(9) above. A temporary permit will only be granted to those applicants whose criminal background checks comport with the requirements found at section 57 -98 of this Code. 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 or vehicle for hire driver's permit in order to determine the applicant's fitness to operate a taxicab or vehicle for hire 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 or vehicle for hire 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 or vehicle for hire 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, 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. (10) Taxicab Inspector may take into consideration previously documented complaints against a current driver seeking renewal or transfer of drivers permit and any arrests, charges or convictions of violations of the taxi cab code under section 57 of the municipal code or the supplemental regulations for taxicabs at the Corpus Christi International Airport for any applicant seeking new, renewal or transfer of permit. (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 or vehicle for hire employe� cow 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 ernple nt contracted driver relationship 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 when requested to grant or renew a certificate. Sec. 57 -99. - City's geography test required. The taxicab inspector shall require a written geography test of each applicant for a taxicab driver's permit covering knowledge of city streets, buildings, etc., to be composed by and at the discretion of the taxicab inspector. Until such applicant is duly qualified in his knowledge of city geography, the taxicab inspector shall not grant a city taxicab driver's permit to such applicant. Sec. 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." 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, r-esidense business name and address and police identification number of the applicant. Such card shall be carried or worn with a clip 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. Sec. 57 -101. - Appeal from issuance or denial of taxicab or vehicle for hire driver's permit. After the taxicab inspector has made his decision, either the applicant for the driver's permit or any citizen of the city shall have the right to appeal to the city manager or his designee within ten (10) business days, which appeal shall be perfected by delivering, in writing, a statement that an appeal from the decision of the taxicab inspector is desired. The city manager or his designate will then, within a period of not more than five (5) fifteen 15) business days after receiving such notice of appeal, grant a hearing thereon and after the hearing of the appeal the city manager or his desi nee shall, within a period of five (5) business days, sustain or reverse the decision of the taxicab inspector. If no appeal is taken from the findings made by the taxicab inspector within the time provided above, the decision of the taxicab inspector shall be final. Sec. 57 -102. - Driver registration files. A registration file shall be kept and maintained on each person to whom a driver's permit has been issued. The file shall contain all information furnished by the applicant under this division and all other facts and data supplied by investigation, including without limitation fingerprints, personal history, police or criminal record, character, experience, qualifications and such other matters considered consistent with and pertinent to a showing whether the driver is fit to operate a taxicab or vehicle for hire within the city in a manner consistent with the welfare of the citizens. The file of any taxicab or vehicle for hire driver may be inspected at the office of the taxicab inspector by such driver at all reasonable times and may be examined by any holder of a taxicab certificate upon showing that the driver has applied to the certificate holder fer emp as a contract driver. Every application for a driver's permit as a taxicab or vehicle for hire driver under provisions of this division shall execute an agreement and waiver in writing, at the time of filing the application, by which the applicant authorizes the taxicab inspector to permit a certificate holder to make such examination in good faith to determine whether, in the judgment of the prospective fir- certificate holder the driver should be employed contracted to drive taxicabs or a vehicle for hire in the city. Sec. 57 -103. - Duration and renewal of driver's permit. The taxicabs or vehicle for hire driver's permit, when issued, shall not be transferable and same shall be valid for a period of twenty -four (24) 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 or vehicle for hire driver's permit shall be issued unless and until the applicant for renewal has completed a renewal application and met the requirements of section 57- 97(a)(1)(6), (8) and (9); 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; has provided a medical certificate dated within the past 48 months that meets the _medical requirements of section 57- 97(a)(7); and provided further, that the applicant must have maintained a satisfactory driving record according to standards established by the taxicab inspector. All of the above requirements of Section 57 -103 and any violations of this article, article ill or IIIA shall be taken into consideration before a approval of a renewal application is ranted. Sec. 57 -104. - Suspension or revocation of taxicabs or vehicle for hire driver's permit Any taxicab or vehicle for hire 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 division_ III or division IIIA 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) business days after the date of sending 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) fifteen (15) business 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. Sec. 57 -105. - Neat and clean appearance of drivers. (a) It shall be the responsibility of every certificate holder to require and to ensure that his or her drivers are neat and clean in appearance while on duty. All certificate holders shall require a driver employed or under contractual agreement with said holder to comply with the following: (1) All male drivers shall wear full length pants or shorts commonly referred to as Bermuda shorts or ca[ go shorts with a finished hem, shirts with sleeves and collars, socks and closed - toed shoes,. eXGept that duFing the months of April through September, shoFts, . (2) All female drivers shall wear full length slacks or shorts commonly referred to as Bermuda shorts or cargo shorts with a finished hem regular length skirts, blouses, socks or stockings and closed -toed shoes, and steGkings, September-, shaFts, sommenly referred to as Bermuda shorts OF GaF90 shoFts, w a finished hem m ho werm (3) All drivers shall wear clean, unsoiled and untorn clothing. (4) All drivers shall maintain proper personal hygiene, i.e., be shaven, or have facial hair neatly trimmed, be free of offensive body odor, and have clean, combed hair. (b) While on duty, all drivers are prohibited from wearing: (1) Tee shirts as an outer garment, except as allowed in 57 -105 (c) (2) Hoodies, %sweat shirts and sweat pants. (3) Halters or tube tops. (4) Shirts with tails worn outside pants. (c ) Company issued uniform style tee shirts may be allowed as long as they meet the below requirements: 1 Meet the color scheme of the taxicab company. (2) Are professional in appearance. 3 Contain no Ian ua a or ima es that could be offensive to others. 4 Each specific style of tee shirt has been approved by the taxi inspector to insure professional appearance standards. Failure to comply may result in the suspension or revocation of a driver's permit. Sec. 57 -106. - Length of time driver may operate taxicab. It shall be unlawful for a driver of any taxicab to drive the same continuously for more than twelve (12) hours, and no owner of any taxicab shall permit any driver of any taxicab to be continuously on duty, as a driver, for a greater period than twelve (12) hours within any twenty - four -hour period. Sec. 57 -107. - Use of alcoholic beverages or controlled substances. It shall be unlawful for any taxicab driver to consume any alcoholic beverages or use any form of controlled substances while on duty as a taxicab driver. This is to include prescription drugs p rescribed to the driver that mav affect his ability to drive and those illegal smoking products and related Paraphernalia outlined in Section 33 -124 of the city code. If a cab companV request random drug/alcohol test of an contract driver or re uest drug/alcohol test due to a traffic accident or contract driver inmury and driver refuses the test the cab company will report refusal immediately to the taxi inspector and refusal will result in automatic suspension of drivers permit. Sec. 57 -108. - Notification of change of address of drivers. Every person operating any taxicab shall keep the taxicab inspector informed by written notice of any change of address of such driver. Sec. 57 -109. - Most direct route to be used. Any driver of a taxicab eleyed- contracted to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination. Sec. 57 -110. - Delivery of articles left in taxicabs to police. All drivers of taxicabs shall promptly deliver to the PGliGe d tmeR taxi inspector's office or to authorized agents of their companies all property left in such vehicles by passengers. If delivered to the authorized agent of their company, the pro shall be delivered to the taxi inspector's office with a report stating all the specifics and date abandoned of the property if not claimed by the 30 day after property is found in vehicle. Taxi I nspector shall obtain case number and incident re ort and deliver to CCPD Propeqy Room. Sec. 57 -111. - Parking restrictions No taxicab shall be parked in a residential section of the city awaiting calls between 10:00 p.m. FT7' ". 111>FlfiitA Sec. 57 -112. - Consent by passenger to carrying other passengers. It shall be unlawful for any taxicab driver to carry any person other than the passenger by whom he is engaged without the consent of such passenger. Sec. 57 -113. - Soliciting for passengers. No person shall solicit patronage or call attention to a taxicab in a loud or annoying tone of voice or by sign or in any manner annoy any person or obstruct the movement of any person or follow any person for the purpose of soliciting patronage. 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 shatl may be grounds for suspension or revocation of the certificate holder's certificate or the permitted drivers ermit or both. Sec. 57 -115. - Off-duty status of taxicabs. Each taxicab vehicle is presumed to be on duty and ready to serve the general public for hire. If a driver is off duty and does not intend to provide taxicab service, he shall comply with the following requirements: (1) The driver shall place a sign, to be provided by the certificate holder, in the taxicab indicating the words "OFF DUTY" printed in letters not less than three (3) inches in height with a stroke width of not less than three - eighths inch. The letters shall be on a backing of sufficient thickness to not easily bend. (2) When a driver is off duty, he shall display the sign in an upright position in the front window on the right side of the taxicab so as to. be easily seen and read from outside of the taxicab. DIVISION 6. - TAXIMETERS; FARES Sec. 57 -127. - Taximeters defined. For the purpose of this article the word "taximeter" shall be construed to mean a mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated for distance, travel and waiting time, if any, under which such charges shall be indicated by clear, legible figures, which mechanism is placed in operation by throwing or switching from nonearning to earning position. Sec. 57 -128. - Taximeters required. It shall be unlawful for any owner operating any taxicab under the provisions of this article to operate any such taxicab and it shall be unlawful for any person to drive any taxicab unless such taxicab is equipped with a taximeter. Sec. 57 -129. - Taximeter flag— Equipment in connection therewith. Each taximeter must be furnished with a tamperproof switch and system of electrical distribution so that when the taximeter flag is in the "high" or nonearning position, the electrically - controlled advertising or company identification sign mounted on the top of the taxicab will be automatically lighted; and when the taximeter flag is on "mileage" or "time," both of which are earning positions, colored tell -tale lights on top of the cab or on the company sign will be automatically lighted and will be visible from all directions, the color of which lights shall differ from those used by any other company. Sec. 57 -130. - Same -- -False display. No driver of a taxicab equipped with a taximeter shall display the signal affixed to such taximeter in such a position as to denote that the taxicab is employed when such taxi is not employed. Sec. 57 -131. - Testing, inspection and approval of taximeter. No person shall drive or operate a taxicab to which is attached a taximeter which has not been duly tested, inspected and approved as required by this article, and it shall be unlawful to change the size of the wheels or tires of any taxicab or the gears operating the taximeter from one to another unless the taximeter is again tested, inspected and approved under the supervision of the taxicab inspector before using. Inspection of taximeters by the taxicab inspector shall be made as provided in section 57 -24. Sec. 57 -132. - Location and illumination of taximeters. All taximeters shall be placed in such a position in the taxicab so that the face thereof and the fare numerals may be easily seen and read by a passenger sifting in any part of the taxicab. Every taximeter used between sunset and sunrise shall have the face thereof illuminated by a light so arranged as to throw a continuous light thereon. Sec. 57 -133. - Defective taximeters prohibited. The operation of any taxicab with a taximeter which is defective or which does not properly and accurately compute and register on its face the charge for distance traveled or waiting time of a taxicab shall constitute a violation of this article. Sec. 57 -134. - Type and design of taximeter. No taximeter shall be used on any taxicab the type and design of which have not been approved by the taxicab inspector. Prior to the installation of a taximeter, the owner or operator of the taxicab shall submit the type and design of taximeter to the taxicab inspector. If the taximeter is capable of properly and accurately computing and registering on its face the charge for the distance traveled by and the waiting time of the taxicab, the taxicab inspector shall approve the taximeter. 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 (1) or more persons, not exceeding five) seven 7 persons, of two dollars and fifty cents ($2.50) for the first one -fifth (115) mile or less, and an additional charge for each succeeding one -fifth (115) mile or fraction thereof, based upon the average retail price of one (1) gallon of regular gasoline sold within the City of Corpus Christi and in accordance with the following chart: Per gallon gasoline price Charge per succeeding 115 mile or a fraction thereof Under 3.50 $9-4a $0.50 3.50 4.00 3.50-3.75 9-59 $0.55 4.01 4.60 3.76-4.00 9-.55 $0.60 4.51 6.O9 4.01-4-25 969 $0.65 6 0 4.26--4.50 9-65 $0.70 Note: Sliding scale formula shall be applied, ad infinitum. The price of one (1) gallon of regular gasoline sold within the City of Corpus Christi shall be determined by the Oil Price Information Service, as reported by AAA at www.fuelgaugereport.com. Such price will be determined by the current Corpus Christi price given by AAA at 9:00 a.m. Central Standard Time (CST) on the tenth (10th) day of each month and will go into effect at 12:01 a.m. CST on the eleventh (11 #+ Fsf (1 st) day of the Go n se Gutive current month- Howeve , " 11 . i ? OR the tenth (11 Oth) day of the month 0 6 WBRty five Gents ($0.25) higher OF loweF than the PF Gf the preGeding menth, the adjustment will go into effe immediately iRstead of wait until the fiFSt (4st) day of the can6eGutive -me The taxicab inspector shall disseminate the gasoline price. For each one (1) hour of waiting time or traffic delay time, the maximum charge shall be eighteell dollars ($18. twenty -four dollars ($24) The above established rates of fare are the maximum that may be charged, provided however, for fares collected from passengers picked up at the airport, such airport passenger fares may include a fifty GeRt ($ 0.50) one dollar ($1.00) surcharge per fare collected from one (1) or more persons not to exceed five (5) seven 7 persons. For customers wishing to use a credit card a one dollar ($1.00) convenience fee may be added to the fare. Lower rates may be charged at the option of the taxicab certificate holder. While in the city limits a driver shall keep the taximeter in operation while the taxicab is employed regardless of whether a metered rate a discounted rate or a out -of -town flat rate is charged, For taxi fares originating in the area east of the Intercostal Causeway Bridge on Interstate 358 or west of the Clarkwood Rd. and Interstate 37 intersection, there will be a ten dollar $10.00 minimum fare allowed. Sec. 57 -136. - Same — Charging or collecting excess fares. It shall be unlawful for any driver or operator to charge or demand payment of any fares in excess of the fares prescribed by the council. Sec. 57 -137. - Same— Refusal to convey Refusal to transport passenger at specified rate. It shall be unlawful for any driver of any taxicab, to refuse to board and convey a passenger on a basis of race, color, religion, sex, national origin, age, or disability, including a driver's refusal to board and convey any service animal or medical equipment utilized in conjunction with a passengers disability. It shall be unlawful for any driver of any taxicab to refuse to board and convey a passenger at the rates authorized by this article. It is an affirmative defense to Prosecution under this subsection that the driver advised the passenger of the fare or estimated fare to the passenger's destination, and the passenger advised that he did not have the means to pay the flare. it shall be uRlawful fGr the OWReF or driveF of any taxiGab to refuse to GORvey a passenger at the rate speoified OR the rate GaFd displayed 4 R a taxiGab-. Sec. 57 -138. - Same — Refusal to pay legal fare. It shall be unlawful for any person to refuse to pay the legal fare of any of the vehicles mentioned in this article after having hired the same, and any person who shall hire any such vehicle with the intent to defraud the person from whom it is hired shall be guilty of a misdemeanor. Sec. 57 -139. - Same — Display of rate schedule in taxicab. There shall be posted in a conspicuous place on the inside of each licensed taxicab, in addition to the license issued to the licensee required by this article, a card showing the rates charged. Sec. 57 -140. - Same — Receipts. It shall be unlawful for the driver of any taxicab upon receiving full payment of a fare to refuse to give a receipt upon the request of any passenger making such payment. Secs. 57 -141 -57 -149. - Reserved. SECTION 2. Chapter 57, Article III "LIMOUSINE AND SIGHTSEEING SERVICE" is revised to read as follows: ARTICLE IIIA. - LIMOUSINE AND SIGHTSEEING SERVICE Sec. 57 -164. - Definitions. For the purposes of this article: (a) Limousine service means the luxurious, prearranged transportation by chauffeur -- driven vehicle of one (1) or more persons from or to a location within the city limits not upon a schedule or over a fixed route. It shall not include taxicab service, airport limousine service or transportation provided in relation to funeral services. Limousine means a vehicle that has a manufaGtwr-eF'r. rated seating GapaGity Of nOt more thaR fifteen (15) passengers with an occupancy capacity of five or more, excluding the capacity of the driver compartment and that is used for the hired transportation of persons. (b) Sightseeing service means conveying any person or persons in any vehicle, including horse -drawn carriages, for predetermined periods of time or between fixed points for the purpose of displaying the various natural and manmade points of interest and the economic and cultural institutions of the Corpus Christi area within the city or from locations within the city to locations outside the city, and shall not include the basic provisions of taxicab service or airport limousine service or charter bus service. Sightseeing service defined herein shall refer to transportation provided in vehicles owned by the permit holder. Sec. 57 -165. - Operator permit—Required. It shall be unlawful for any person, as owner or agent, to be engaged in the business of providing limousine or sightseeing service within the city or from locations within the city to locations outside the city, unless the owner of the business holds a current limousine or sightseeing permit issued pursuant to this article. Sec. 57 -166. - Same — Application; fee. (a) Every person desiring to engage in the business of operating any limousine or sightseeing service shall make application, in writing, to the city manager or his designated representative on a form provided for that purpose for a permit to engage in the business specified. Such application shall contain the name, address and telephone number of the true owner of the business and the number, types and seating capacity of each vehicle to be operated; shall be sworn to by the applicant; and shall be accompanied by an application and permit fee of tweRty. five dell ics ($25 tw hundred fifty dollars ($250) and ° permit f oe o twenty .-l till..... (b) The city manager or his designated representative shall issue a permit to all applicants complying with the provisions of this article and shall issue a permit for the operation of all vehicles complying with the requirements of this article. No permit shall be issued unless every vehicle proposed to be used complies with the following minimum requirements: (1) Each vehicle shall comply with all the safety requirements imposed by all state, federal or local laws applicable to the vehicle involved. (2) The owner shall have rendered each vehicle for which a permit is sought for ad valorem taxation and shall have paid all delinquent tax charges owing the city upon every such vehicle. (c) No limousine or sightseeing operator permit holder shall be issued, nor shall such permit be valid after issuance, unless the applicant or the holder of the permit is at all times insured by a comprehensive business auto policy to include collision, uninsured motorists and personal injury protection coverage for each vehicle with minimum limits of one hundred thousand dollars ($100,000.00) to any claimant for bodily injury arising out of a single occurrence, three hundred thousand dollars ($300,000.00) for any number of claims arising out of a single occurrence, and fifty thousand dollars ($50,000.00) to any claimant for any number of claims for damage to or destruction of property. Each insurance policy shall require that the insurer notify the city at least ten (10) days before any cancellation, material change, or intent not to renew by either the insurer or the insured. Cancellation of a certificate holders or owners insurance without an approved replacement policy in place at the time cancellation automatically_ suspends the operations of the vehicle for hire company. (d) The taxicab inspector f shall inspect every limousine or sightseeing vehicle to be operated as limousine or sightseeing service at least once every six « months mons �� a ear for the purpose of determining whether such vehicle is in a safe condition to be operated as a limousine or sightseeing vehicle. The holder of a limousine or sightseeing service permit shall submit such limousine or sightseeing vehicle to the taxicab inspector for inspection at the time and place specified by the inspector in accordance with provisions and fees for the inspection of taxicabs in section 57 -80 The operator of a limousine or sightseeing service and limousine or sightseeing vehicle is responsible for the safe condition and operation of said vehicles and the city, by establishing this permit system, in no way assumes any duty or liability for the safety of said vehicle. (e) Every person driving a limousine or sightseeing vehicle in the city must have applied for and obtained a limousine or sightseeing driver's permit from the taxicab inspector. It shall be unlawful for any permitted limousine or sightseeing service operator in the city to permit any person to drive a limousine or sightseeing vehicle unless such person shall have a valid driver's permit duly issued by the taxicab inspector in accordance with this chapter. Sec. 57 -167. - Charge for regulation and use of streets; payments. (a) In addition to all other charges and payments, each person maintaining and operating a limousine or sightseeing service as described herein shall pay to the city each six (6) months the sum of two hundred dollars ($200.00) times the number of vehicles to be operated as identified in the permit application for the expense of regulating the activities of such service and as a street use fee. (b) The semiannual fee for the first six (6) calendar months of each year shall be paid on or before January 10 and for the second six (6) calendar months of each year shall be paid on or before July 10. A late fee of twenty percent (20 %) will be applied to late payments made after January 10 and July 10 (c) Such payments shall be in addition to all ad valorem taxes upon the value of the property of the person operating such vehicles, and in addition to all lawful occupation taxes imposed upon the occupation or calling of the entity operating such vehicle. Sec. 57 -168. - Service standards. The permit holder shall provide and maintain modern efficient service during the life of the permit and failure to provide and maintain such efficient service shall be grounds for forfeiture of the permit herein granted. Said permit is granted for a five -year period. No assignment of a permit shall become effective unless said assignment is approved by the city manager or his designated representative in writing. Sec. 57 -169. - Special regulations for horse -drawn carriages. Any sightseeing permit issued pursuant to this article involving the use of horse -drawn carriages as a means of conveyance shall include regulations promulgated by the city manager, or his designated representative, relating to the following: (a) Limitations on the specific streets which may be utilized by horse -drawn carriages and the hours of operations allowed. (b) Safety requirements pertaining to reflectors, warning devices and other safety equipment used on the vehicles, and the types and design of wheels and horse shoes which may be utilized. (c) Sanitation procedures to ensure the cleanliness of streets and public ways and the proper disposal of waste. (d) Health regulations safeguarding the care, feeding and watering of the horses or other draft animals employed by the operator. (e) Additional insurance requirements supplementing the minimum limits for automobile and general liability insurance required for limousine and sightseeing operations generally. (f) Any other rules, regulations or procedures which the city manager, or his designated representative, deems necessary to maintain adequate safeguards for the operation of horse - drawn carriages on the public streets not inconsistent with this section. SECTION 3. The effective date of this ordinance is the date of City Council final approval. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or 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 5. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the or M mg ord: ance was rea for the first time and passed to its second reading on this the of , ZOI the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott That, fie foregoinTordinanc was read fot the second time and passed finally on this the day of , by the following vote: Nelda Martinez Kelley Allen Rudy Garza Priscilla Leal David Loeb Chad Magill Colleen McIntyre Lillian Riojas Mark Scott PASSED AND APPROVED, this the I M th day of - 1 7 0 1 ATTEST: A� Armando Chapa City Secretary EFR CTtVE DATE g i2 r