Ordinance No. 10,811ORDINANCE NO. 10,811
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 102 "VEHICLES FOR HIRE," ARTICLE II
"TAXICABS," DIVISION 1 "GENERALLY," SECTION 102-26 "DEFINITIONS"
OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO REVISE THE
DEFINITION OF "TAXICAB" TO EXEMPT VEHICLES OPERATING IN
FURTHERANCE OF THE CITY'S CIRCULATOR TRANSIT PROGRAM FROM
THE TAXICAB REGULATIONS; AMENDING CHAPTER 102 "VEHICLES
FOR HIRE," ARTICLE II "TAXICABS," DIVISION 2 "GENERALLY,"
"LICENSE," SECTION 102-59 "INSURANCE," SUBSECTION (A) AND
DIVISION 3 "OPERATING REGULATIONS," SECTION 102-108 "TERMINALS
AND SUBTERMINALS," SUBSECTION (A) OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO CONFORM THE INSURANCE REQUIREMENTS TO
THAT OF STATE LAW AND TO CLARIFY THAT EACH TAXICAB
COMPANY IS REQUIRED TO MAINTAIN A TERMINAL.; CONTAINING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00);
AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That Chapter 102 "Vehicles for Hire" Article II "Taxicabs," Division 1
"Generally," Section 102-26 "Definitions," of the Code of Ordinances, Baytown, Texas, is hereby
amended to amend the definition of "taxicab," which definition, as amended, shall read as follows:
CHAPTER 102. VEHICLES FOR HIRE
ARTICLE II. TAXICABS
DIVISION 1. GENERALLY
Sec. 102-26. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Taxicab means every automobile or self-propelled vehicle used for transportation of a
passenger for hire over the public streets of the city, 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 vehicle. However, the term "taxicab" shall not apply to:
1. vehicles or motorbuses operating over a fixed or definite route under permit,
franchise or license issued by the city or other regulatory authority;
2. school buses, either private or public;
3. church buses;
4. authorized emergency vehicles;
5. limousines;
6. vehicles hired in connection with funeral services;
7. any vehicle for hire
a. whose route originates outside of the city and passes through the city without
discharge or pickup of a passenger; or
b. whose route is terminated within the city without picking up a passenger; or
8. any vehicle operating in furtherance of the city's circulator transit program or
successor program.
Section 2: That Chapter 102 "Vehicles for Hire" Article II "Taxicabs," Division 2
"Generally," "License," Section 102-59 "Insurance," subsection (a) of the Code of Ordinances,
Bay town, Texas, is hereby amended to read as follows:
CHAPTER 102. VEHICLES FOR HIRE
ARTICLE II. TAXICABS
DIVISION 2. LICENSE.
Sec. 102-59. Insurance.
(a) Any applicant for a license required under this division shall, before the license can be
issued, procure, maintain and furnish proof of financial responsibility as required by law
and as prescribed in this section. The applicant shall keep in full force and effect during
the entire term of his license a policy of commercial automobile liability insurance,
insuring the public against any loss or damage that may result to any person or property
from the operation of such vehicle. Insurance coverage means an insurance policy or a
certificate of insurance covering all taxicabs of the insured, insured by a company
licensed to do business in the state. The insurance company shall be of sufficient assets,
with an agent in the state upon whom service of process may be made, and shall be
approved by the city attorney. Every insurance policy and certificate of insurance must
contain a provision or an endorsement requiring that the city clerk shall be given at least
30 days' written notice prior to the date of cancellation before such policy may be
cancelled by the insurer for any cause.
Section 3: That Chapter 102 "Vehicles for Hire" Article II "Taxicabs," Division 3
"Operating Regulations," Section 102-108 "Terminals and subterminals," subsection (a) of the Code
of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 102. VEHICLES FOR HIRE
ARTICLE II. TAXICABS
DIVISION 3. OPERATING REGULATIONS.
Sec. 102-108. Terminals and subterminals.
(a) Every taxicab operator shall maintain 24-hour-per-day toll-free public telephone service
for customers to request taxicab services and a terminal for the purposes described in this
article.
Section 4: 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 5: 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 6: 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 in an amount of not more
than 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 7: 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 passage of this ordinance.
INTRODUCED, READ, AND PASSED by the affirmative wrije of the City Council of
Baytown, this ihc 24th day of January, 2008. / I
ONCARLOS, Mayor Jvfa
U KNAUMnterim Citytlerk
APPROVED AS TO FORM:
RAMIREZ, Sr., City Attorney
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