Ordinance 1985-51B
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BEING AN ORDINANCE TO EbTA8LISH STANDARDS
AND REbTRICTIONS OF VEHICLES FOR HIRE,
PROVIDING FOR PU8LICATION, PROVIDING FOR
A SEVERANCE CLAUbE, PROVIDING FOR PENALTY
AND EbTA8LISHING AN EFFECTIVE DATE:
The City of Wylie has no no ordinance to control
vehicles for hire and,
The City Council is desirous of protecting the
Health, Safety and Welfare of the citizens of the
City of Wylie and,
Authority to control
contained In Article
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NOW THEREFORE, BE IT ORDAINED 8Y THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
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DEF I N I "T' I ClI\I!3:
As used in this ordinance the following words and
terms shall have the respective meanings ascribed
to thE:m::
(a) Taxicab: Any vehicle carrying passengers for
hire, except motor buses or motor coaches
operated by bus lines over designated routes
in and through the city;
(b) Conduct a Taxicab 8usiness: The use 0+ one
or more taxicabs within the corporate limits
of the city, by the owner thereof, for the
purpose of carrying passengers for hire,
either by driving the same himself or having
the same driven by some other person;
(c) Taxicab Driver: H person, properly licensed
by the State of Texas who is authorized by
permit to drive a taxicab within the
corporate limits of the city;
E:: X E:: Ivl F' T I (J I\j ~:) :
(a) State regulated vehicles excepted: This
ordinance shall not apply to passenger buses
operating under the regulations of the state
railroad commission, and coming into or
passing through the city for the purpose of
loading and unloading passengers;
SECTION 3..
GENERAL
(a) Appeal from decision of city secretary or
chief of police.. Anyone desiring to do so
may appeal from any action of the city
secretary or chief of police under any
provision of this article to the city council
within ten (10) days of the action of the
city secretary or chief of police. The
hearing on appeal shall be de novo.. The
decision of the city secretary or chief of
police shall become final unless an appeal
is taken within the time and manner herein
provided. In the event of such appeal, the
decision of said body shall be final.. The
action of the city secretary or chief of
police shall be in full force and effect
until changed by action of the city council,
(b) Maximum seating. It shall be unlawful to
carry in a taxicab more than five (5)
passengers in any taxicab, and in no event
shall more than two (2) passengers ride in
the front seat with the driver,
(c) Receipt, discharge of passengers. No driver
of a taxicab shall receive or discharge
passengers in the roadway of any street, but
shall drive to the right-hand sidewalk, as
nearly as possible, or, in the absence of a
sidewalk, to the extreme right-hand side of
the road, and there receive or discharge
passengers,
(d) Acting on behalf of prostitutes or unlawful
establishments.. It shall be unlawful for any
taxicab driver or owner to act in any manner
as a panderer or pimp for prostitutes or as
contact for unlawful establishments of any
character, or to knowingly transport any
passenger to the abode of a prostitute,
(e) Alcoholic beverages - Transportation
prohibited. It shall be unlawful to
transport alcoholic beverages, not owned and
in the exclusive possession and control of a
fare-paying passenger, in the taxicab or for
any taxicab driver to have on his person any
alcoholic beverage while driving and
operating a taxicab in service,
(f) Alcoholic beverages - Consumption in vehicle.
It shall be unlawful for any driver or
passenger of any taxicab to drink alcoholic
beverages of any kind while inside the
taxicab,
(g) Alcoholic beverages - Sale. No driver of a
taxicab or owner of a taxicab shall engage in
selling intoxicating liquors or soliciting
business for any person selling intoxicating
lIquors,
(h) Transportation of criminals. It shall be
unlawful for any taxicab driver or owner to
knowingly transport any criminal, narcotic
peddler, prostitute, bootlegger or any other
person in the commission of a crime or
infraction of the law in any manner,
(i) Council to tIX, display of rates.. The city
council shall have the power to fix the
rates, charges and fares of all taxicabs
operating within the city.. There shall be
displayed in a permanent place within every
taxicab doing business within the city a map
showing the various areas of the city and
designating the fare to be charged in each
area"
(j) Refusal to pay fare. It shall be unlawful
for any person to refuse to pay the legal
fare of any taxicab after having hired the
same, and it shall be unlawful for any person
to hire any taxicab with intent to defraud
the person from whom it is hired of the value
of such serVIce.
SECTIClN 4 LICENSE
~a) Required.. It shall be unlawful for any
person to keep, use or operate on any street
within the city any taxicab, unless a written
license for such taxicab shall have first
been obtained from the city secretary by the
person owning or controlling such taxicab,
and unless such license shall be in effect at
such time.
(b) Application. Any person who shall desire to
operate a taxicab within the city shall file
a written application for a license therefor
with the city secretary. Such application
shall contain the following information:
1. The name, address and age of the owner or
operator of the vehicle to be used,
2" "l-t,e nla~~e, type, age BI-ld capacity o{: suetl
vehicle,
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Such other information as the city
secretarv may require.
(c) Consideration of application. Upon receipt
of an application for a license required by
the provisions of this article, the city
secretary shall, after examining said
application, make an investigation to
determine whether the issuance of a license
to operate a taxicab will be dangerous to the
health, safety and welfare of the city, and
the city secretary shall give due weight and
consideration to, among other things:
1.. The type vehicle proposed to be operated.
2. The age and mechanical condition of the
vehicle.
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(d) I !:;!::;uar", c E: or" d €~'n i iia 1 . If t.I"', f::: c i t Y S"f::'C ".. f2t af,...Y
shall determine that the operation of a
taxicab as shown in the application for a
license required by this article will not be
dangerous to the health, safety and welfare
of the city, he shall issue a license to the
applicant, upon the payment of the street
rental charge as provided herein.. If the
city secretary determines that the operation
of such vehicle is or will be dangerous to
the health, safety and welfare of the city,
he shall refuse said application and shall
not issue a license to the applicant..
(e) Street rental charge. Each owner or operator
of a vehicle used as a taxicab within the
city shall pay to the city a street rental
change in the amount set forth in the fee
schedule ordinance of the city per year for
each vehicle so operated. Said street rental
charge shall be paid annually in advance and
shall cover the period ending at :1.2:00
o'clock midnight of December 3:1. following
paymF~nt of <:;,::\mE~..
(f) Register.. The city secretary shall keep a
careful and accurate list or register of all
licenses issued under the provisions of this
article, including the number of each license
and the name of the person to whom such
license was issued..
(gl Duration. All licenses issued under the
provisions of this article shall authorize
the operation of the vehicle described in the
application for a period ending at 12:00
o'clock midnight December 31, following the
date of issuance, unless sooner revoked,
suspended or cancelled.
(h) Suspension, revocation or cancellation.. Any
license issued under the provisions of this
article may be suspended, revoked or
cancelled for the violation by the licensee
of any applicable provision of this code,
state law or city ordinance, rule or
r'E-:gu.l i:"~.t ion..
(i) Idf.,'ntiicici:":\tion of \/ehiclf:? It ~::.hi:"~ll b0? thf":
duty of every person holding a license issued
under the provisions of this article to place
on his vehicle used as a taxicab in vertical
block letters three (3) inches high and
three-quarters (3/4) inch thick, in a color
contrasting to the color of said vehicle,
below the back window of each vehicle, if
an y!, in I...lnoi::l s t.r" uc:: t E'Jd vi E?V\I, th0? 11\101'" d!:;; II T,:'~>: i
t.. :i. c:: F:.'n !:,E: 1\10.. ......_......._.." .F i 11 i r'll~ t. h F: b 1 ,;:in k (,'J i t h thE:
figure being the serial number of the license
for that particular car issued by the city
!::. E:' c:: I'" E: t i::\ ".. Y ..
LIABILITY INSURANCE
(a) Required; approval; etc. 8efore artY license
shall be issued under article II of this
chapter to any owner of a taxicab, or before
any renewal of such a license shall be
granted, the owner shall file with the city
secretary, and thereafter keep in full force
and effect, a policy of public liability
insurance approved by the city manager and
executed by an issuance company duly
authorized to do business in the state, and
performable in this county, insuring the
public against any loss or damage that may
result to any person or property from the
operation of the taxicab covered or to be
covered by such license.
(b) Minimum amount of coveraqe.. The minimum
amount of recovery in a policy of insurance
required by this article shall not be less
than the following sums, to wit~
1. For the injury of death of anyone person
In anyone accident, ___________________
2.. For total liability in anyone accident
or personal injuries or death
~.. For injury or destruction of property in
anyone accident ______________________
The minimum amount of insurance liability
shall never be less than the amount
established by the statutes of the state
under the Texas Safety Responsibility Act
or amendments thereto. (State law reference
amount of insurance required by Safety
Responsibility Act, Vernon's Ann. Civ.. St.
art.. 6701h, sec.. 5)
(c) Persons protected. The above public
liability insurance required by this article
shall be for the protection of the passengers
of the insured taxicab and for the public,
but shall not cover personal injuries
sustained by the servants, agents or
employees of the person filing the insurance.
(d) Provision for continuing liability. All
policies of public liability insurance
required by this article shall contain a
provision for a continuing liability thereon
up to the full amount thereof,
notwithstanding any recovery thereon.
(e) Increasing amount upon return of execution
unsatisfied. In the event of the return
unsatisfied of any execution issued on any
final judgment rendered against any taxicab
owner in any suit for damages on accident of
injury to person or property occasioned by
the operation of any taxicab, such owner,
within ten (10) days after the return of such
execution unsatisfied, provided the judgment
is still unpaid, shall increase the amount of
his insurance by the amount of such judgment,
and failing to do so shall forthwith cease
the operation of taxicabs in the city until
such additional insurance is deposited or
such judgment is paid.
(f) Cancellation.. In he event that any insurer
desires to be released from any insurance
filed under this article, it may give written
notice of such desire to the inspector of
taxicabs at least thirty (30) days before it
desires its liability released, and the
inspector of taxicabs shall thereupon give
written notice, by personal delive~y or by
mail, to the insured and demand that he
furnish new assurance by the expiration of
the thirty (30) day period above provided
for, and shall discharge such first insurer
from any liability which shall accrue after
the time of approval of such new policy, or
shall discharge such first insurer after the
expiration of such thirty (30) day period.
In the event any policy is so cancelled upon
the request of the insurer, and no new
insurance policy is filed before the
cancellation of the original insurance, the
license to operate taxicabs granted to the
insured shall be automatically revoked.
(g) City not liable for solvency of insurer;
owner's liability not affected; suits on
policy.. Neither the city nor any officer
thereof shall be held liable for the
pecuniary responsibility or solvency of any
insurer under the provisions of this article,
or in any manner become liable for any sum on
account of such claim or act or omission
relating to the insured vehicle, no shall the
liability of the owner of any such vehicle be
in any manner limited or changed by reason
of the provisions of this article, but the
judgment creditors having causes of action
secured thereby shall be authorized to sue
directly on such policy of insurance without
impleading the city, and all persons known to
any insurer to have been injured or damaged
in the same accident and claiming damages
thereunder may be made parties without
priority of claim on payment in any suit had
or instituted on account of such matters.
SECTION 6..
DRIVERS
DIVISION :I. GENERALLY
(a)
Appearance. It shall be the responsibility
every person operating a taxicab business or
service in the city to require the drivers in
his employ to be neat and clean in appearance
whl1e on duty..
of
(b) Solicitation of business.. No driver of a
taxicab shall solicit patronage in a loud or
annoying tone of voice or in any manner annoy
any person or obstruct the movement of any
person or follow any person fo~ the purpose
of soliciting patronage.
(c) State chauffeur's license required.. It shall
be unlawful for any person to drive a taxicab
within the city unless he is a duly licensed
chauffeur under state law..
DIVISION 2 PERMIT
(a) Required.. No person shall drive a taxicab
within the city unless such person shall
first obtain a permit therefor from the city.
(b) Application. Any person who shall desire a
permit required by the provisions of this
division shall file with the city secretary
his sworn application upon a form to be
prescribed by the city secretary stating
applicant's:
1. Name..
2" Age
~.Jn
Present address..
4.. Address or addresses and place or places
of employment for the past two (2)
years"
~.. Reason for leaving place or places of
employment..
6u
Police record, if any,
of time and place of
together with list
felony convictions..
(c) Fees.. Every application for a permit
required by the provisions of this section
shall be accompanied by a payment of fees
established in the fee ordinance of the City
of Wylie.
(d) Examination by Chief of Police. After
receiving an application for a permit
required by the provisions of this division,
the city secretary shall deliver such
application to the chief of police.. The
chief of police shall then:
1. Examine said application..
2" Take arlcl keep a record of the fingel~print
of said applicant, and no permit shall
be issued until applicant complies with
this requirement.
0.. Require a personal demonstration by the
applicant that he is able safely to
operate a taxicab with in the city. In
this connection, the chief of police, if
he deems it necessary, may require that
applicant furnish a certificate from a
reputable optometrist or occulist,
stating from any examination within the
past six (6) months the condition of
applicant's vision..
The chief of police shall then report and
recommend to the city secretary that the
application be granted or rejected.
SECTIClN /
(e) Issuance or denial.. After receiving the
report and recommendation of the chief of
police, the city secretary, if satisfied that
the applicant is able to operate a taxicab
within the city without danger to the health,
safety or welfare of the city, shall issue a
permit therefor to said applicant.. If not
satisfied that applicant can operate such a
taxicab without danger to the health, safety
and welfare of the city, then said
application shall be refused.
(f) Duration. All permits issued under the
provisions of this division shall be valid
for a period of one year from date of
issuance and shall not be transferable, but
it shall be lawful for the holder of a permit
to use the same permit in the event of a
change of employment from one operator or
owner to another..
(g) Renewal. Every permit issued under the
provisions of this division may be renewed bv
the holder thereof upon proper application
therefor to the city secretary and the
payment of the prescribed fee..
(h) Register. The city secretary shall keep a
careful and accurate list or register of all
permits issued under the provisions of this
division, including the name and address of
the person to whom such permit was issued.
(i) Display. Every person to whom a permit is
issued under the provisions of this division
shall keep such permit affixed and
prominently displayed in the passenger
section of the taxicab driven by such
permitee.
(j) Suspension, revocation or cancellation..
Every permit issued under the provisions of
this division may be suspended, revoked or
cancelled for the violation by the permitee
of any applicable provision of this code,
state law or city ordinance, rule or
regulation.
(a) Publication Clause.. The caption of this
ordinance shall be published one time in a
newspaper of general circulation..
(b) Severability Clause.. All ordinance or parts
of the ordinance in conflict herewith are
specifically repealed and are superceded by
this ordinance. All other parts of such
ordinances are not repealed..
It is hereby declared to be the intention of
the City Council that the sections,
paragraphs, sentences, clauses, and phrases
of this ordinance are severable and if any
phrase, clause, sentence or section of this
ordinance shall be declared unconstitutional
or invalid by any judgment or decree of a
court of competent jurisdiction, such
unconstitutionality or invalidity shall not
affect any other remaining phrase, clause,
sentence paragraph or section of this
ordinance; and the City Council hereby
declares it would have passed the remaining
portions even though it had known the
affected parts would be held
unconstitutional.
(c) Penalty Clause. Any person firm or
corporation who shall violate any of the
provisions of this ordinance shall, upon
conviction thereof, be deemed guilty of a
misdemeanor and assessed a fine not to exceed
the amount permitted by state law.
PASSED AND APPRClVED BY THE CITY COUNCIL ClF THE CITY OF
1,\J Y I.... I E ~l TE X P,:3 !' TI...I I ~::; THE ._. .".. ._.. .J..l.tl1.. __ __ _ ._. ..... _.. ..... _. ..". "... DP,'y' OF'
Jl~1Idi:.._______________, 1985"
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John W. AkIn, Mayor
.
(::,)'rT'Es'r
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