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Ordinance No. 220ORDINANCE N0. 220\ AN ORDINANCE REGULATING TAXICAB TRANSPORTATION, DEFINING TERMS, PROVIDING FOR ENFORCEMENT, REQUIRING PERMIT AND INSPECTION, REQUIRING CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, REQUIRING STATE CHAUFFEUR'S LICENSE, SPECIFYING RATES AND FARES TO BE CHARGED, REQUIRING TERMINALS, REQUIRING INSURANCE, REQUIRING SPECIFIED SIGNS ON TAXICABS, REQUIRING TAXI DRIVERS TO CONVEY PASSENGERS, SPECIFYING REGULATIONS ON DRIVERS, PASSENGERS, LAST ARTICLES, SPECIFYING LIMITATIONS ON GRANT OR PERMIT AND PROVIDING FOR SUSPENSION, REVOCATION, TERMINATION OR CANCELLATION OF PERMITS, SPECIFYING PERMIT FEES, PROVIDING FOR TAXI METERS, REQUIRING PASSENGERS TO PAY FARES, PROVIDING FOR PENALTIES, PROVIDING A SAVINGS CLAUSE, PROVIDING A REPEALING CLAUSE, AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: SECTION I: DEFINITIONS. • (a) The term "city" or "said city" as used in this ordinance shall mean the City of Baytown, Texas, its successors and assigns. (b) The term "street" or "streets" as used in this ordinance shall mean and include any street, alley, avenue, boulevard, drive, or highway commonly used for the purpose of public travel within the incorporated limits of the City of Baytown, Texas. (c) The term "taxicab" as used in this ordinance shall mean every automobile or motor - propelled vehicle used for transportation of passengers for hire over the public streets of the City of Baytown, Texas, and not over a defined or fixed route, and irrespective of whether or not the operations extend beyond the city limits of said City, at rates for distance travelled, or for wait time, • or for both, or at rates per hour, per week, or per month, which such vehicle is routed to destinations under the direction of such passenger or passengers, or such person or persons hiring the same; provided, however, the term "taxicab" shall not apply to motor buses operated within the City of Baytown under a franchise from the City of Baytown, over a fixed or definite route, nor shall said term apply to motor buses regularly operated in the City of Baytown, Texas, nor shall said term apply to motor vehicles operated under a permit or certificate of the Railroad Commission of the State of Texas or the Interstate Commerce Commission. (d) The term "person" shall include both singular and plural, and shall mean and embrace any individual, firm, corporation, association, partnership or society. • (e) The term nowner" and the term "taxicab operator' when used in this ordinance shall be construed to mean any person, firm, corporation, association, partnership or society who has the control, direction, maintenance and the benefit of " j?10. the collection of revenue derived from the operation of taxicabs on or over the streets or public waysof the City of Baytown, whether as owner or otherwise, except • "driver" as hereinafter defined. (f) The term "driver" or "chauffeur" as used in this ordinance shall be held to include every person in actual charge of the operation of a taxicab, as herein defined whether as owner or agent, servant or employee of the Towner ", as herein defined. (g) The term. "taximeter" as used in this ordinance shall mean a machine adapted automatically to calculate, at a predetermined rate or rates, and to register, the charge for hire of a taxicab and such charges shall be indicated by means of figures. (h) The term "waiting time" as used in this ordinance shall mean 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. (1) The term "terminalr' as used in this ordinance shall mean and include the taxi depot at which place the taxicabs shall be housed or parked, and at which place the telephone calls and requests for service shall be made, and at which place a dispatcher shall control the movements of the taxicabs to the points of request for taxicab service; this term shall likewise be synonymous with taxi terminal and shall mean and embrace that space and area of land and buildings off the streets of the City of Baytown, and upon private property, and shall be and constitute the • main office of the owner and taxicab operator. (j) The term "taxi sub - terminal" as used in this ordinance shall mean and include any place other than a taxi terminal in which the drivers or chauffeurs of taxicabs shall receive calls from a dispatcher and said calls are relayed from a taxi terminal, and which shall likewise mean and embrace the space and area used by taxicabs while waiting for passengers. (k) The term "license to operate" as used in this ordinance shall mean authority granted by the City Council of the City of Baytown, Texas, upon a finding that public convenience and necessity so require it, to operate a taxicab or taxicabs and shall authorize such operator of a taxicab or taxicabs to engage in • the business of traasportation by taxicab, and shall include the term "permit." -2- • f (1) The term "public convenience and necessity" as used in this ordinance shall mean .a public convenience which is fitting and suited to public need, and a public necessity which Embraces a great and urgent public convenience. This term as applied to a proposed service by an applicant Qhall mean that applicant is fit, able and willing to'perform transportation by taxioabe in accordance with the requirements of this ordinance and that public convenience and necessity require the services proposed F by such applicant. SECTION 2s ENFORCEMENT. It shall be the duty of the City Manager or hD authorized subordinates, particularly the Gh of of Police and the Police . Dwr�;.,= •the City of Baytown, Texas, to enforce this ordinance under their police pour : e' : -+, ,. provisions of this ordinance and all amer}ehgents to this ordinance with respect to violation of the ordinance and to the rggulations of taxicabs in the City of Baytown* SECTION 3: PERMIT. It shall.be unlawful for any person to drive or operate or cause to be driven or operated, any taxicab upon, or over, any street in the City, ,unless and until a permit therefor shall be issued by the City Manager of the City. No permit certificate therefor shall be issued by the CiLy un.�.L in charge or. control of such taxicab shall wake application in writing to the City Council for such permit, on blanks to be furnished by the City Clerk, stating in such application the name of the owner, or person by whom such permit is desired, his street address, the type of motor car to be used as a taxicab; the horsepower thereof, the factory number, and /or motor number thereof, the seating capacity, according to its trade ra!t1ng, the owner thereof, and such other relevant information as may be deemed advisable and necessary by the City Council of said City. Such application shall be sikned and sworn to by the applicant. If the applicant for a permit be a corporation,:such application shall be made by some duly authorized officer of the corporation, and shall state whether it is a foreign or domestic corporation, its address and place of business, its officers and their addresses, and its correct corporate name; if the applicant for a permit be a partnership, or association, such ..application shall be -made by some duly authorized officer, or agent, of said partner- ship, or association, and shall give the trade name, or partnership name, or association name of said partnership'or association, together with the names and Is addresses of the partners or associates. Before any owner or operator of a taxicab permit allows any of his taxicabs to -3- be operatdd'upon -"any street, alley, boulevard or highway within the City limits of "the`' City' of= Paytawn---i - shall "be' - inspected -to determine whether -said -vehicle -is .in "a safe condition- to,-b-e--operated °- a:s--a -taxicab. '"Tile ins pec tion''of ­said -taxicab -shall -be made by" th4' Cffief -of Police or by any competent mechanic that the City Manager of the ��i'ty "iif " "BaytoRn "rri9ght designate to make the inspection of said taxicab, and it shall be th® duty of -every -operator of taxicabs in the City of Baytown to have every taxicab granted a permit under the ordinance to k:,e i;�:i«ac °tF _t, east u�ic•e every thirty (34) - -days by tie °ChDir °of Police or competent mechat _c that, m-.ight be appointed by the City Manager of the City of Baytown, said monthly 'ixispection to be for ,the purp)se of cletermininrg"whether- or--not -said vehicle is in a safe condition to he operated a.. a • taxicab, and upon notifying the owner or operator of such taxicab or automobile for 'hire that-it--is not in a safe condition, the same shall not be used as a taxicab until the 'defects -- found- in'said -taxicab are corrected and the same is re- inspected and found W­be- in'-- a- "safe---condition. If upon inspection of said taxicab it is found that 1t 'is 'in a sa'l'e -condition 'the Chief of Police or the mechanic shall paste a paper seal of a type and design adopted by the City : 01::I)C 7�1 upco. to y _r.: oi;��lo of eiald vehtdle, stating tire.- date---said- vehicle- was inspected and that said-vehicle was approved -said - irrspector: ­No-­taxir_ab' *shall be operated in the City. of Baytown without a valid approval seal attached thereto. At no time shall any taxicab that is. found to be unsafe "by the Chief of Police or mechanic appointed -by `1the -City - Manager be operated over'•the streets " of - the "City of Baytown. Nothing herein, however, shall prevent the , . City of "Baytown fY'om inspecting -any taxicab at any time they may see fit end if the City of - "Baytown, through its agents, servants, and -employees., ' should "find that it is -An .._a '- defective, - --condition- ;--- the-�Chie'f--of Police shall order the use of said taxicab kscontinued-unti3 °t"he' °'same is -approved. SECTION" '"N'OTICE­OF "FILING 'OF APPLICATION FOR PERMIT. No taxicab shall be given a permit unless the City Council of said City shall first declare b� resolution that pdblic'- --convenience -and necessity require the proposed taxicab service for which V-he"-'applizMtan'-ts --- made. Upon`-the filing of an application for a permit to operate taxicabs-," the­City°Clerk shall-give at least five (5) days notice ... by-one-publication in the-'official newspaper of the said City, of -;the' filing of such- application and that same -sha11'be­ heard -'at the next regular meeting ff the "City Council of said City, provided that said notice may be given for the length of time'herein provided -4� 0 "for before!�'the next regular meeting, and if not, then notice shall state that it will "be heard It­the- '°following meeting. In 'determining Whether public convenience and necessity require the permits of sbdh taxicabs'for which application may be made, the City Council shall take into °considerat2on her tbe ^td�eararrds -bf� bli -cvrtver�zence acrid necessit require- pu y.. -such proposed or--su-ctr-7add-i tional ''taxi cab, or taxicabs., within the city; the financial resporig bildty'of -the applicant; the number., kind and type of equipmert to bra , cd, the incre"ased--traffic congestion on the streets of the city which might whether the safe use of the streets by the public, both vehicular and will` be preserved--by - the granting of such additional permits; and uch :;L•t-,er ., ;s1:.. facts as the City Council may deem advisable or necessary. If the City Council finds from investigation or hearing that public convenience ' ---and,-necessity'wili -not be served by the operation of the taxicab or taxicabs for which 'the permit • is --desired, such application shall be denied and the City Clerk shall immediately •give notice of the applicant of the action of the CI. }.v Colynr,; l , -It shall be unilaWful for the owner of any taxicab to operate the same h_;. a a permit has-not been issued therefor under the provision of this ordinance and a violation "bf\th'i -s -•-see'tion shall be sufficient reason to revoke the permit of such owner or* opera•tor'- with-"respect--to 'any other taxicab. ' After the application to operate a taxicab ror- ta�ricafis upon or •-over-the,-Streets of the City of Baytown has been granted, 'accordance"-with--this ordinance, it shall be the duty of the City Manager to issue a permit therefor to`-suc•h ­applicant. �;A-11 permits tssued -tie reurrder­ *shall run for a calendar year. Each permit issued hereunder may be renewed from year to year by the holder of i ._.. said 'permit- prvvi -ded---same—has- not --been, --canc•elled for -any violation under this ordinance. 'The permits -._issued-•-=der• this ''ordinance -shall be deemed personal to the holder thereof • - "and- °sha11-nut-•-be- transferable or assignable except by permission of the City Council 'of the City of Baytown. "A- 1'1:-'holders of valid legally issued taxi permits which are actually and legally being operated-,by the holder thereof on the effective date of this ordinance shall have the right'to-secure'the same number of such permits that they are so °holding and using, Iby accepting all the terms and provisions of this ordinance and..by - complying with the WE T u s e end ° -�v l }mat es ee s far -these lde�rs to file a01- ioation for- ..public hearing and necessity, but the City Council shall have the right to issue such permits upon hearings already held and had. SECTION 5s CHAUFFEURIS LICENSE, No person shall drive a taxicab upon the'streets -`of the ;`City -;af-`Baytown untes -s- such person operating such taxicab shall first obtain a --Wchauffeur''-s ---li'cense -as required by the laws of the State of Texas. ' SECTION -bs RxTES ''AND FARES TO BE CHARGED. The City Council of the City of Baytown shall have' "the - -right -to -' change- -or°establiyh the rates and fares to be charged by taxi- cabs in* `tire "C ty"'o'f,-'Baytown at any time it deems necessary by ordinance. Until other- -'',wise- .- dhang-ed- by -the-"City Council the follotiving taxicab rates and fares shall be ®.- Werctive--in the—C"ity-ofBaytowns (1) The rate or fare for one passenger 4ha23 be thirty -five (350) cents for the first one mile, or fraction thereof, traveled by him, and five (5¢) cents for each additional one -half mile, or fraction thereof, traveled by him, and for each additional passenger transported on the same trip from the same point of origin the charge shall be -ten (100) cents for each additional passenger, regardless of the distance traveled. (2) For each one minute of waiting time consumed by the taxicab at the instance of the passenger, the rate shall be five (5¢) cents. ...(3) Whenever a taxicab is engaged on an hourly basis, whether for one or more passengers, the fare shall be three dollars ($3.00) for'each and every hour. For each quarter hour in excess of each completed hour the rate shall be .seventy -five • (?5¢) cents for each quarter hour the taxicab is so engaged.. No taxicab shall be operated any time with a passenger or passengers unless said meter on said taxicab is correctly operating and showing the rates that are being charged. If at any time said taximeter stops or fails to operate or is operating incorrectly it shall be the duty of the operator of said taxicab to immediately take said taxicab to its terminal and not operate the same until said meter has been fixed and adjusted. It shall be the duty of the operator of each taxicab under this ordinance to have the taximeter inspected at the same time said car is inspected by the City to see that same is in good working order and free of mechanical defects. The City shall have 0 the right to inspect said taximeter at any time it so desires. Any person found guilty of violating any of the provisions of this section shall 1. be deemed guilty of a misdemeanor and the Council shall have the power and authority to cancel the license of the person so operating said taxicab in violation of this section. SECTION 7s TERMINALS. Every operator of a taxicab shall maintain within the City limits of the City of Baytown a terminal or terminals of sufficient size to accommodate all of the owner's taxicabs, and he shall maintain twenty-four (24) hour per day public telephone service at not less than one of such terminals. Sub - terminals at hotels, depots and other places shall be designated by the Chief of Police. The drivers of taxicabs using sub - terminals shall remain seated in their vehicles at all times While such vehicle is at a sub - terminal, provided, however, such drivers may leave their vehicles When actually necessary to assist passengers to enter or leave same, or in any case of accident, necessity, or emergency beyond the control of such driver. The form and type of a terminal shall be of such a nature as best meets public convenience and necessity and affords a safe, sanitary and lawful operation of trans- portation by taxicabs. The site, location, type of orwoosed buildings and the sanitary conditions of the terminal shall be reflected in an application to the City Council. The equipm ent, site and place of ate urinal must be found by the City Manager and Chief , . - of Police to best meet public convenience and necessity prior to an authorization to a'pemit- holder to operate such terminal. An affirmative finding in favor of applicant# reflecting adequate sufficiency of the place of any terminal shall be considered as having an established prima facie case thereon, upon it appearing within the application that the operator of taxicabs is presently operating for his own exclusive use such terminal now being operated in the commercial areas of the City of Baytown. The location of any taxi- terminal may be condemned by the City Council of the C40W of Baytown, after a hearing is first had upon an affirmative finding by it that such taxi - terminal no longer meets public convenience and necessity by reason of its location to the public, its inaccessibility to the public, its inadequacy of housing facilities, its inadequacy of dispatcher facilities, its unsafe conditions, or its lack of proper sanitation. ® SECTION 8: AD VAIDREM TAXES. It shall be the duty of every owner of a't axicab that is operated in the city limits of the City, to pay all ad valorem taxes assessed Crc • by the City against such vehicle and other equipment used in such business and a failure to pay such ad valorem taxes before they become ninety (90) days delinquent, shall operate as a revocation of the permit issued in accordance with this ordinance. SECTION 9: INSURANCE. Before the permit shall be effective the operator of taxicabs shall procure and furnish to the City a policy of insurance covering public liability and property damage in the standard amounts and under the standard provisions of such public liability and property damage policy of insurance on each and every automobile to be operated by such operator of taxicabs, with the minil#um amounts of liability thereunder as follows: Five thousand ($5,000) Dollars for any one single personal injury of one person and Ten Thousand ($10,000) Dollars for personal 0 injuries in any one single accident, and Five Thousand ($5,000) Dollars property damage of any one single accident. Said policy of insurance shall be one issued by a company of sufficient assets, with an agent in Texas, upon whom service of process may be made and shall be one approved by the City Attorney. Should the City Attorney of Baytown determine that the public liability and property damage insurance policy provided for above should become impaired, and required new and additional insurance, the said City Attorney shall then require such additional insurance in such company or companies as he may feel required to insure a faithful performance by the operator of taxicabs, his agents, servants and employees, as well as a payment by such operator of taxicabs, his agents, servants and employees, or by reason of the violation by said operator of taxicabs, • individually or through his agents, servants, or employees of any of the ordinances of the city, or any of the laws of the State of Texas, or of the United States of America. SECTION 10: SIGNS. Every taxicab shall have printed on each side and in the rear of said taxicab 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. All of the lettering mentioned in this paragraph shall not be less than two and one -half (22) inches in height and not less than five - sixteenths (5/16) inch in stroke and such paint shall be either enamel or oil paint that will weather the elements and must be kept legible at all times. SECTION 11: STANDARD COLORS TO BE USED. All taxicab permit owners shall adopt • a s tandard color or combination of colors and shall notoperate a taxicab until all of said taxicabs are painted the color or combination of colors adopted by the permit owner. 10 -SECTION 12s SOLICITING - PATRONS. -It shall be unlawful for any- driver - or-- operator of any taxicab or for any other person to seek or solicit patrons or passengers for any such taxicab by or by sign, directly or indirectly, while driving any -such taxicab over,-- through9--oz--on;- any- -publ-ic street or public place of the City of Baytown, or While 'sani e - i:r"Farkied --ozi -any -putilic.. street._ or` a3Yey ' °od'-the --etV- -- rf.TBmrtom, Texas. It shall be unlawful for any person or persons to speak or call out in a loud manner "taxicab ", "automobile for hire", "hack ", "carriage ", "bus", "baggage ", or "hotel ", or in any manner attempt to solicit passengers at any passenger depot or upon any passenger depot platform, grounds or premises of any railroad company, air terminal or bus station, or upon any sidewalk or street in front of aW passenger depot 10 of any railroad company, air terminal or bus station Within the City of Baytown. SECTION 13s REFUSING TO CONVEY PASSENGERS. If any owner, driver, or operator of any taxicab shall refuse to convey a passenger, over the'most direct route practical, the rate specified on the rate card displayed in said taxicab, or shall demand or receive an amount in excess of the rates displayed on said cards, free -will tips excepted, he shall be deemed.guilty of a misdemeanor. SECTION 14: REGULATIONS. It shall be unlawful for any owner or taxicab operator to permit any taxicab to be driven or operated within the corporate limits of the City of Baytown by any person except the owner of said taxicab or the legally authorized agent or employee of the owner or operator; and it shall be un]awful for any person to drive any vehicle as a taxicab upon the streets of the City of Baytown in violation Of any provisions of this ordinance. It shall be unlawful for any driver of a taxicab, knowingly to transport arw person to the abode of a prostitute, or to knowingly transport &:W person, criminal, narcotic peddler, prostitute, or bootlegger, for the purpose of aiding in the cannission of a crime or the violation of the law in any manner, or to act In any manner as a pimp for prostitutes, or to act as a contact -man for any unlawful establishment of any character. It shall be the duty of every taxicab driver to return iamiediately to the owner, if known, all luggage, merchandise, or other property left in his taxicab. If the owner of such property is not known, the driver shall immediately turn over to the manager of the taxi terminal from which he operates all property whatsoever left in v his taxicab, giving a complete report of when and where it was left in his taxicab. All of said property shall be tagged for identification purposes, and if it is not called for by the owner within seven days, it shall be'placed in storage by the taxicab owner, where it shall be held for at least ninety (90) days, after which, if not called for b- its owner, it may be sold for storage charges according to existing State laws pertaining to public sales. SECTION 15, LIMITATIONS ON PERMITS AND REVOCATION OF SAME. The City Council of the City of Baytown expressly reserves the right to modify, amend, alter, change or eliminate any of the provisions of any license to operate during the life of the same, for any of the following purposes, to -wits • (1) To eliminate or delete from the same any conditions as might prove obsolete or -impractical;' or ' (2) -Try impose any additional conditions upon any owners operator, or licanses as maybe just and reasonable, and Which are deemed necessary for the purpose of promoting adequate, efficient, We taxicab service to the public. Notwithstanding anything that may be said in any other portion of this ordinance with reference to the termination hereof 9 every permit to operate granted shall be subject to the Constitution and all applicable laws of the State of Texas, all City Charter provisions, and all such future laws and amendments to the State Constitution and the Charter and ordinances of the City *of Baytown. Furthermore, the governing body-of the City of Baytown reserves the right, upon notice and a public hearing which notice shall be given to the permit holder in writing not less than 10 • days prior to such hearing, to suspend, revoke, terminate, or. cancel any and all permits issued to or held by any such owner under the terms of this ordinance for the violation of any of the provision,or provisions of this ordinance. Every permit of convenience and necessity held under the provisions of this ordinance by the owner or operator of a taxicab may be cancelled, unless taxicabs are operated thereunder in accordance 'With the provisions of this ordinance on at least twenty (20) days out of each calendar month. SECTION 'lb: PEMUT FEE, In lieu of the collection by the City of two per cent (2 %) of the gross revenue of each taxicab owner, the Citjr shall be paid $75.00 per year per taxicab payable in advance, one -half of such sum on or before the 1st day of January and the other one --half on or before the 1st day of July of each and every year. This permit fee shall be in lieu of any other fees, street rental charges, etc., -10�_ • V 0 • but said charge shall not release the permit holder from the payment of ad valorem taxes levied or to be levied on property At owns. SECTION 171 TAXI METERS. All taxicabs operating upon the streets in the City of Baytown shall be installed and equipped with taxi meters, which said- taxi meters shall be set upon the rates hereinabove established in this ordinance and said taxi meters shall be subject to inspection at any and all reasonable times by the City of Bayto1Tn9 its servani.s or employees. SECTION 182 PASSENGERS TO PAY FIRE. It shall be unlawful for any passenger tc� refuse to pay the legal fare due from him for the use of any taxicab mentioned in this ordinance after having hired the same; and any person who hires any taxical, fithe intE°ct to defraud the person from whom it is hired, and, after using the san= fails or refuses to pay any taxicab fare due by him shall be guilty of a misdeme•: SECT:CON 192 PINALM Any person, . firm or corporation violating any of the nrovisiorrs of this ordinance shall be'deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not to exceed two hupdred ( 200) Dollars. Each day's violation shall constitute a separate offense, SECTION 202 SAVINGS CIAUSE'b In the event any section, subsection, sentence, .clause or phrase of this ordinance shall be declared or adjudged invalid or un- constitutional, such adjudication shail*in no means affect any other section, sub- section, sentence, clause, or phrase of this ordinance, but all the rest thereof shall be in .full. force and effect just as :though the section, subsection, sentence, clause • or phrvage so declared or adjudged invalid or unconstitutional was not originally a part thereof. SECTION 21s .REPEALING CIAUSEo All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency, and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. SECTION 221 'EFFECTIVE DATE. This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to gire notice hereof by causing the caption of this ordinance to be published in the • official newspaper of the City of Baytown at least twice within ten (10) days after -11- • the passage -of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council of the City of Baytown on this 25th day of March, 1954. n L'- R. H. Pruett, yor ATTEST: cv�-� a 0 aver, Y y er • L� LJ -12-