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Ordinance No. 7,920970313 -3 ORDINANCE NO. 7920 AN ORDINANCE AMENDING CHAPTER 29 "TAXICABS," ARTICLE I "IN GENERAL," SECTION 29 -1 "DEFINITIONS "; ARTICLE II "APPLICATION FOR PERMIT," SECTION 29 -14 "APPLICATION," SUBSECTION (C); SECTION 29- 16 "INSPECTION; AUTHORITY OF CHIEF OF POLICE," SUBSECTION (A)(5); AND ARTICLE III "OPERATING REGULATIONS," SECTION 29 -39 "LETTERING ON VEHICLE "; SECTION 29 -41 "DRIVER APPROVAL; DRIVING LIMIT; DISPLAY OF LICENSE; AGE OF DRIVER," SUBSECTION (A); SECTION 29-45 "SOLICITING PROHIBITED," SUBSECTION (C); SECTION 2948 "DAILY MANIFEST "; SECTION 29 -51 "TERMINALS AND SUB - TERMINALS "; AND SECTION 29 -52 "FARES," SUBSECTION (A) OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; REPEALING CHAPTER 29 "TAXICABS," ARTICLE II "APPLICATION FOR PERMIT," SECTION 29 -18 "INSURANCE," SUBSECTION (D) AND ARTICLE III "OPERATING REGULATIONS," SECTION 29-44 "CRUISING PROHIBITED" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 29 "Taxicabs," Article I " In General," Section 29 -1 "Definitions "of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 29 TAXICABS ARTICLE I. IN GENERAL Sec. 29 -1. Definitions. (a) Driver or chauffeur. Every person in actual charge of the operation of a taxicab, as herein defined whether as owner or agent, servant or employee of the 'owner," as herein defined. (b) Limousine. Any automobile or self - propelled vehicle used for transportation of a passenger for hire over a public street of the City of Baytown, whereby the rate for hire of such vehicle is based solely upon the time the vehicle is used, with a minimum time being charged of at least two (2) hours, and the vehicle is routed to a destination under the direction of the passenger or person hiring the same. (c) Manifest. A daily record prepared by the taxicab driver of all trips made by such driver showing place of origin, destination, number of passengers, the amount of fare for passengers, and total number of hours driven. 970313 -3a (d) Owner and taxicab operator. Any person who has the control, direction, maintenance and the benefit of the collection of revenue derived from the operation of taxicabs on or over the streets or public ways of the city, whether as owner or otherwise, except "driver" as hereinafter defined. (e) Permit. Authority granted to the owner allowing such owner to operate a taxicab or taxicabs and shall authorize such operator of a taxicab or taxicabs to engage in the business of transportation by taxicab, and shall include the term "license." (f) Taxicab. Every automobile or self - propelled vehicle used for transportation of a passenger for hire over the public streets of the City of Baytown, irrespective of whether or not the operations extend beyond the city limits, at rates for distance traveled, wait time, or for both, or at rates per hour, whereby such vehicle is routed to a destination under the direction of the passenger or person hiring the same. However, the term "taxicab" shall not apply to vehicles or motor buses operating over a fixed or definite route under permit, franchise, or license issued by the city or other regulatory authority, nor to school buses (either private or public), church buses, authorized emergency vehicles, limousines, or vehicles hired in connection with funeral service, nor to any vehicle for hire whose route originates outside of the city and passes through the city without discharge or pickup of a passenger or whose route is terminated within the city without picking up a passenger. (g) Taximeter. 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) Taxi sub - terminal. 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. (i) Terminal. 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 dispatch the taxicabs to 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, and upon private property, and shall be and constitute the main office of the owner and taxicab operator. (j) 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 or such time as may be consumed or lost due to extreme traffic conditions. -2- 970313 -3b Section 2: That Chapter 29 "Taxicabs," Article II "Application for Permit," Section 29 -14 "Application," Subsection (c) of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: Chapter 29 TAXICABS ARTICLE II. APPLICATION FOR PERMIT Sec. 29 -14. Application. (c) Each application shall be accompanied by a non - refundable license fee of seventy - five dollars ($75) per vehicle for ten (10) and fewer vehicles and twenty -five dollars ($25) for each vehicle thereafter to cover the expense of carrying out the provisions of this chapter. Section 3: That Chapter 29 "Taxicabs," Article II "Application for Permit," Section 29 -16 "Inspection; authority of chief of police," Subsection (a)(5) of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: Chapter 29 TAXICABS ARTICLE II. APPLICATION FOR PERMIT Sec. 29 -16. Inspection; authority of chief of police. (a) The chief of police or his designee shall have the right to inspect all taxicabs licensed or to be licensed under this law to determine if such vehicles meet the following minimum standards: (5) Each vehicle shall be inspected each year by a person authorized to conduct vehicle safety inspections by the State of Texas. Such inspection shall be the same as the yearly state vehicle safety inspection. Section 4: That Chapter 29 "Taxicabs," Article II " Application for Permit," Section 29- 18 "Insurance required," Subsection (d) of the Code of Ordinances of the City of Baytown, Texas, is hereby repealed. Section 5: That Chapter 29 "Taxicabs," Article III "Operating Regulations," Section 29- 39 "Lettering on vehicle" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: -3- 970313 -3c CHAPTER 29 TAXICABS ARTICLE III. OPERATING REGULATIONS Sec. 29 -39. Lettering on vehicle. Each permitted vehicle shall have on each side and in the rear or viewable from the rear of the 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 inches (2'Y2 ") in height and not less than five - sixteenths (5/16) of an inch in stroke. The letters shall be of such a nature that will weather the elements and must be kept legible at all times. Section 6: That Chapter 29 "Taxicabs," Article III "Operating Regulations," Section 29- 41 "Driver approval; driving limit; display of license; age of driver," Subsection (a) of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 29 TAXICABS ARTICLE III. OPERATING REGULATIONS Sec. 29 -41. Driver approval; driving limit; display of license; age of driver. (a) No person may drive or operate any taxicab unless and until the applicant has provided his/her name, address, age, driver's license number, social security number, a copy of a valid Texas Driver's License, and Department of Public Safety driving record to the city clerk. Further, during the term of the license, if any driver is involved in a traffic accident, receives a ticket for a traffic violation which is reflected on such driver's Department of Public Safety Driving record, or commits any offense which is so reflected, the licensee shall immediately provide the city clerk an updated Department of Public Safety driving record for that driver. No operator or driver of any taxicab shall operate any motor vehicle for more than twelve (12) hours in any twenty-four (24) hour period. All drivers shall display upon request and shall have on their person a valid driver's license issued by the State of Texas. No person under the age of nineteen (19) years of age shall operate a taxicab. Section 7: That Chapter 29 "Taxicabs," Article III "Operating Regulations," Section 29- 44 "Cruising prohibited," Subsection (a) of the Code of Ordinances of the City of Baytown, Texas, is hereby repealed. -4- 970313 -3d AMN Section 8: That Chapter 29 "Taxicabs," Article III "Operating Regulations," Section 29- 45 "Soliciting prohibited," Subsection (c) of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 29 TAXICABS ARTICLE 111. OPERATING REGULATIONS Sec. 2945. Soliciting prohibited. (c) It shall be unlawful for any driver or operator of any taxicab to respond to a call unless he is properly dispatched. A taxicab is properly dispatched when a customer or his/her designee (i) requests service from a taxicab company and the company upon which such request is made directs one of its taxicab drivers or operators to respond to such request or (ii) requests service of a taxicab driver or operator and such taxicab driver or operator contacts the taxicab company for which he/she works to advise the company that the taxicab driver or operator is responding to the request. Section 9: That Chapter 29 "Taxicabs," Article III "Operating Regulations," Section 29- 48 "Daily Manifests" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 29 TAXICABS ARTICLE III. OPERATING REGULATIONS Sec. 2948. Daily manifest. Every driver of a taxicab shall maintain a daily manifest upon which is recorded all trips made each day, showing the place of origin and destination of each trip, number of passengers, the amount of fare, and total number of hours driven. All such completed manifests shall be returned to the owner of the taxicab by whom the driver is employed at the conclusion of the driver's tour of duty of the day. It shall be the duty of the owner to furnish the forms for such manifest record and to see that such manifest is kept daily by each driver. Section 10: That Chapter 29 "Taxicabs," Article III "Operating Regulations," Section 29- 51 "Terminals and sub - terminals" of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: -5- 970313 -3e CHAPTER 29 TAXICABS ARTICLE III. OPERATING REGULATIONS Sec. 29 -51. Terminals and sub- terminals. (a) Every operator shall maintain twenty -four (24) hour per day toll -free public telephone service for customers to request taxicab services. (b) The drivers of taxicabs using sub - terminals shall remain seated in their vehicles at all times while such vehicle is at a sub - terminal. 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 the driver. (c) The form and type of terminals, if any established within the city, shall be of such a nature that affords a safe, sanitary and lawful operation of transportation by the taxicabs. The site, location and type of proposed buildings and the sanitary conditions of the terminal shall be reflected in the application. Section 10: That Chapter 29 "Taxicabs," Article III "Operating Regulations," Section 29- 52 "Fares," Subsection (a) of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 29 TAXICABS ARTICLE III. OPERATING REGULATIONS Sec. 29 -52. Fares. (a) All fares charged by taxicabs must be posted within the vehicle in a conspicuous place, visible to all passengers. Waiting time shall be posted as "Waiting time/Traffic delays." Failure to post the fares as required herein shall be a violation of this section. The city council shall have the right to change or establish the rates and fares to be charged by taxicabs in the city at any time it deems necessary by ordinance. Fares may be charged on a lump sum basis per trip for governmental programs if specifically approved by ordinance. Until otherwise changed by the city council, the following taxicab rates and fares shall be effective as the maximum rates and fares in the city: (1) The rate of fare for one or more passengers picked up from the same point and delivered to a common destination shall be no more than one dollar and fifty cents ($1.50) for the first one -tenth (1 /10) of a mile and thirty cents ($0.30) for each one- fifth (1 /5) of a mile thereafter. no 970313 -3f (2) Waiting time consumed by the taxicab at the instance of the passengers or due to traffic delays shall not exceed eighteen dollars ($18.00) per hour. Waiting time ( shall be registered on the taxicab's meter with the selector lever in the time position. (3) For trips that originate between the hours of 8:00 p.m. and 6:00 a.m., an additional fee not to exceed one dollar ($1.00) shall be added to the metered rate. (4) In the event two (2) or more passengers are going to the same destination, the driver shall collect only one fare as recorded on the taximeter. If the passengers are going to different destinations, the driver shall clear his meter at the first destination and charge the first passenger the amount recorded on the taximeter, and proceed to the next destination as though it were a completely new trip. Other destinations shall be treated likewise. Section 11: All ordinances or parts of ordinances inconsistent with the terns 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 12: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 13: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 13' day of March, 1997. ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., Uf Attorney c:l klh30 1council\ordinancc \TaxiCab7 .ordinance -7- dz�, e PETE C. ALFAR , Mayor