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Ordinance No. 10,140Published in Baytown Sun on Tuesday, September 13, 2005 and ORDINANCE NO. 10, 140 Thursday, September 15, 2005 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 102 "VEHICLES FOR HIRE" ARTICLE II "TAXICABS," DIVISION 3 "OPERATING REGULATIONS," SECTION 102 -109 "FARES," SUBSECTION (A) OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO PROVIDE FOR INCREASED TAXICAB FARES; CONTANING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 2: That Chapter 102 "Vehicles for Hire," Article II "Taxicabs," Division 3 "Operating Regulations," Section 102 -109 "Fares," Subsection (a) of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 102. VEHICLES FOR HIRE ARTICLE 1I. TAXICABS DIVISION 3. OPERATING REGULATIONS Sec. 102 -109. Fares. (a) All fares charged by a taxicab 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 in this section shall be a violation of this section. The city council shall, by ordinance, 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. 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 $2.00 for the first one -fifth of a mile and $0.40 for each one -fifth of a mile thereafter; (2) Waiting time consumed by the taxicab at the instance of the passengers or due to traffic delays shall not exceed $20.00 per hour. Waiting time shall be registered on the taxicab's meter with the selector lever in the time position; (3) If two or more passengers are going to the same destination, the driver shall collect only one fare as recorded on the taximeter. If 49 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 2: Any person who fails to comply with any provision of this ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding FIVE HUNDRED AND NO /100 DOLLARS ($500.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. Section 3: 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 4: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of the 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 effect 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 5: 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 give 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 the passage of this ordinance. INTRODUCED, READ, AND PASSED by the affirmative vote of the City Council of Baytown, this the 8" day of September, 2005. CALVIN MUNDINGER, Nlbyo ATT 1-VIN KNh4,',F, Interim COY Clerk APPROVED AS TO FORM: ACIO RAMIREZ, Sr., Ci orney 0 RAKaren \Files \City Council\Ordinances\2005 \September 8 \Taxi0rdinanceAltema1e2.doc