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Ord. 0543 1987-10-26ORDINANCE NO. 543 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, CREATING A NEW CHAPTER OF THE CITY CODE OF ORDINANCES, TO BE ENTITLED "VEHICLES FOR HIRE," ESTABLISHING MINIMUM STANDARDS AND REQUIREMENTS FOR THE OPERATION OF VEHICLES FOR HIRE WITHIN THE CITY; DEFINING TERMS; REQUIRING PERMITS; REQUIRING INSURANCE; ESTABLISHING FEES; REGULATING FARES; PROVIDING FOR STANDS AND CALL BOXES; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE; REPEALING PRIOR ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: That a new Chapter shall be and is hereby created, and shall be added to the City Code of Ordinances, which Chapter shall be entitled "Vehicles for Hire," and which said Chapter shall hereafter read as follows: VEHICLES FOR HIRE Seo. 1. Definitions. The following words and phrases when used in this chapter -have the meanings as set out herein: (a) Call box stand means a place alongside a street or elsewhere, where the City Council has authorized a holder of a certificate of public convenience and necessity to install a telephone or call box for the taking of calls and the dispatching of vehicles for hire. (b) Cruising means the driving of a vehicle for hire on the streets, alleys or public places of the city in search of, or soliciting prospective passengers for hire. (c) Holder means a person to whom a certificate of public convenience and necessity has been issued. (d) Manifest means a daily record prepared by a vehicle for hire company of all trips made by each vehicle for hire showing time and place of origin, destination and number of passengers. (e) Permit means a certificate of public convenience and necessity issued by the city manager authorizing the holder thereof to conduct a vehicle for hire business in the city. 1 Sec. 4. Public hearing. Upon the filing of an application, the city manager shall fix a time and place for a public hearing thereon. Written notice of such hearing shall be given to the applicant and to all persons who may have vehicle for hire permits. Due notice shall also be given to the general public by publishing notice of such hearing in the official newspaper of the city at least seven (7) days prior to the hearing. Any interested person may file with the city secretary a memorandum in support of or opposition to the issuance of a vehicle for hire permit. Sea. 5. Police investigation of applicant; traffic and police record. The police department shall conduct an investigation of each applicant for a permit and a report of such investigation and a copy of the traffic and police record of the 'applicant, if any, shall be attached to the application for the consideration of the city manager. Sec. 6. Issuance of vehicle for hire pgrait. If the city manager finds that further vehicle for hire service in the city is required by the public convenience and necessity and that the applicant is fit, willing ,and able to furnish public transportation and to conform to the provisions of this chapter and the rules promulgated by the chief of police, he shall issue a permit certificate stating the name and address of the applicant, the number of vehicles authorized under said Certificate and the date of issuance; otherwise, the application shall be denied. In making the above findings, the city manager shall take into consideration the number of vehicles for hire already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions, and the character, experience and police record of the applicant. Such permit shall be in effect for the remainder of the calendar year. A permit for every calendar year thereafter shall be issued upon year Sec. the payment of a renewal fee unless the permit for the preceding has been revoked. 7. Indemnity bond or liability insurance required. No vehicle for hire permit shall be issued or continued in operation unless there is in full force and effect an indemnity bond for such vehicle authorized in the amount of one hundred thousand 3 Sec. 19. Each not less Sec. 11. License required. No person shall operate a vehicle for hire upon the streets of the city, and no permit it to be city shall be so person who owns or controls a vehicle for hire shall so driven, and no vehicle for hire licensed by the driven at any time for hire, unless the driver of said vehicle for hire shall have first obtained and shall have then in force a Texas chauffeur's license or glass A or B Texas operator's license issued to such driver. See. 12. Vehicles; equipment and maintenance. (a) Safety requirements. It shall be unlawful to operate a vehicle for hire which does not meet the current State of Texas motor vehicle safety requirements. (b) Periodic inspections. Every vehicle operating under this chapter may be periodically inspected by the police department. Should any vehicle be found in an unsafe condition, the chief of police shall have the power to suspend the holder's permit until the defects are corrected and the vehicle for hire reinspected. (c) Vehicles must be kept in clean, sanitary condition. Every vehicle operating under this chapter shall be kept in a clean and sanitary condition according to rules and regulations promulgated by the city health officer and enforced by the chief of police. Designation of vehicles for hire. vehicle for hire shall bear on each side in painted letters than three (3) inches in height, the company name and the individual unit number. In addition each identifying insignia approved by the city vehicle for hire may manager. No vehicle bear an covered by the terms of this chapter shall be ',licensed whose color scheme, identifying design, monogram or insignia to be used thereon shall, in the opinion of the city manager, conflict with or imitate any color scheme, identifying design, monogram or insignia used on a vehicle already operating under the chapter, in such a manner as to be misleading or tend to deceive or defraud the public; and provided further, that if, after a license has, been issued for a vehicle for hire hereunder, the color scheme, identifying design, monogram or 5 (e) there receive or discharge passengers; except upon one-way streets, where passengers may be discharged at either the right or left-hand sidewalk, or side of the roadway in the absence of a sidewalk. (d) Cruising. No driver shall cruise in search of passengers except in such areas and at such times as shall be designated by the chief of police. Such areas and times shall only be designated when the chief of police finds that vehicles for hire cruising would not congest traffic or be dangerous to pedestrians and other vehicles. Additional passengers. No driver shall permit any other person to occupy or ride in said vehicle for hire, unless the person or persons first employing the vehicle for hire shall consent to the acceptance of additional passenger or passengers. An additional charge may be made for such additional passenger according to the fee schedule approved by the City Council. (f) Restriction of number of passe tgers. No driver shall permit more than the number of passengers for which the vehicle is designed to be carried in any vehicle for hire. (g) Refusal to carry orderly passengers prohibited. No driver shall refuse or neglect to convey any orderly person or persons, upon request, unless previously engaged or unable or forbidden by the provisions', of this chapter to do so. (h) Prohibitions of drivers. It shall be a violation of this chapter for any driver of a vehicle for hire to solicit business for any hotel or motel, or to attempt to divert patronage from one hotel or motel to another. Neither shall such driver engage in selling intoxicating liquors or solicit business for any houseofill repute or use his/her vehicle for any purpose other than the transporting of passengers. (i) Seat belt laws. Drivers shell not carry passengers in violation of Federal, State or local seat belt or child restraint requirements. When a call box stand has, been established as herein provided, it shall be used solely by the holder to whom the same was granted and his/her agents and servants and no other holder shall be permitted to use the same. (b) Use of starter. A holder operating a call box stand as provided for in this chapter shall be allowed to have on duty at such stand, a starter, or other employee, for the purpose of assisting in the loading or unloading of passengers from vehicles for 'hire, for receiving calls and dispatching vehicles for hire, and for soliciting passengers at such stand. The words "at such stand" shall mean that part of the sidewalk immediately adjacent to and of equal length with such call box stand. It shall be unlawful for any such starter or other employee to go beyond the area herein designated for the purpose of soliciting passengers or assisting them in boarding such vehicles for hire. Sec. 19. Use of stands by other vehicles. Private vehicles other than vehicles for hire shall not at any time occupy the spaces upon the streets that have been established by City Council as either stands or call box stands. Sec. 20. Vehicle for hire service. A11 persons engaged in the vehicle for hire business in the city, operating under the provisions of this chapter, shall render an overall service to the public desiring to use vehicles for hire. Holders of certificates of public convenience and necessity shall maintain a central place of business for the purpose of receiving calls and dispatching vehicles for hire.', They shall answer all calls received by them for services inside the corporate limits of Pearland as soon as they can do so and if said services cannot be rendered within a reasonable time they shall then notify the prospective passengers how long it will be before the said call can be answered and give the reason thereof. Any holder who shall refuse to accept a call anywhere in the corporate limits of Pearland at any time when such holder has available vehicles for' hire, or who shall fail or refuse to give overall service, shall be deemed a violator of this chapter and the permit granted to such holder shall be suspended or 9 IV. All prior Ordinances and parts of Ordinances in conflict herewith are hereby repealed, but only to the extent of such conflict. V. It is the intent of the City Council of the City of Pearland, Texas that the material provisions of this Ordinance shall constitute a new Chapter in the City Code of Ordinances; the codifier is hereby authorized to renumber any section or subsection hereof, or to amend catchlines as necessary, to accomplish such intent. VI. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City at least once within ten (10) days after its passage on second and final reading. This Ordinance shall thereafter become effective ten (10) days from and after its publication, or the publication of its caption and penalty, in the official City newspaper. PASSED AND APPROVED on first reading this , A. D., 1987. ATTEST: City Sd'cretary Ant. Mayor day of PASSED AND APPROVED on second and final reading this a- to day of 12-ott414, , A. D., 1987. ATTEST: City11 y Seecretary APPROVED AS TO FORM: 411-1 Mayor VOTING RECORD (FIRST READING) OCTOBER 12, 1987 Voting "Age" - Councilmembers Frauenberger, Tetens Bost and Roberts. Voting "No" - None VOTING RECORD (SECOND READING) OCTOBER 26, 1987 Voting "Aye" - Councilmembers Roberts, Bost, Tetens and Frauenberger. Voting "No" - None PUBLICATION DATE: 'OCTOBER 30, 1987 EFFECTIVE '''DATE: NOVEMBER 9, 1987 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS. 11 revoked at the discretion of the city manager, as provided in this chapter. Sec. 21. Manifests. Every holder of a vehicle for hire permit shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place of origin and destination of each trip. Every holder of a vehicle for hire permit shall retain and preserve all manifests of the current calendar year in a safe place until the end of the next calendar year, and said manifests shall be available to the chief of police and the city council. Sec. 22. Reports of accidents. All accidents arising from or in connection with the operation of vehicles for hire which result in death or injury to any person, or in damage to any vehicle, or to any property in any amount shall be reported within twenty-four (24) hours from the time of occurrence to the police department in a form of report to be furnished by said department. Sec. 23. Penalty. Any person violating any provision of this chapter shall be punished as prescribed by section 1-11 of the Code of Ordinances of the city. II. Any person, firm or corporation who violates or fails to comply with the requirements and/or provisions of this Ordinance shall be deemed guilty of a misdemeanor and shall, upon conviction by a Court of competent jurisdiction, be punished by a fine of not less than One Dollar ($1.00) nor more than Five Hundred Dollars ($500.00), and each day such violation or failure to comply shall exist shall be deemed to constitute a separate offense. - III. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by a Court of competent jurisdiction, such part shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. 10 Sec. 17. Stands; establishment, use. (a) Establishment. The City Council of the city is hereby authorized and empowered to establish stands in such place or places upon the streets of the city as it deems necessary for the use of vehicles for hire operated in the city. Said council shall not create a stand without taking into consideration the need for such stands by the companies and the convenience to the general public. The Council shall prescribe the number of vehicles for hire that shall occupy such stands. The City Council shall not create an open stand in front of any place of business where the abutting property owners object to the same or where such stand would tend to create a traffic hazard. (b) Use. Stands shall be used by the different drivers on a first -come, first -served basis. The driver shall pull onto the open stand from the rear and shall advance forward as the vehicles for hire ahead pull offs- Drivers shall stay within five (5) feet of their vehicles for hire; they shall not solicit passengers, or engage in loud or boisterous talk while at an open stand. Nothing in this chapter shall be construed as preventing a passenger from boarding the vehicle for hire of his/her choice that is parked at open stands. Sec. 18. Call box stands; establishment, use. (a) Generally. The City Council is hereby authorized and empowered to establish call box stands upon the streets of Pearland, in such places as in its discretion it deems proper. A holder desiring to establish a call box stand shall make written application to the city secretary accompanied by the applicable fees. The applicant must attach to the application the written approval of the abutting property owners of said space, consenting to the creation of such stand. Upon filing of the application the police department shall make an investigation of the traffic conditions at said place and shall thereafter file their written recommendation to the city manager. The City Council shall then either grant or refuse the application. 8 insignia thereof is changed so as to be, in the opinion of the city manager, in conflict with or imitate any color scheme, identifying design, monogram or insignia used by any other person, owner or operator, in such manner as to be misleading or tend to deceive the public, the permit or certificate covering such vehicle(s) for hire shall be suspended or revoked until such condition is remedied. Sec. 14. Fares. The City Council shall, from time to time,, establish the maximum fares which may be charged vehicle for hire passengers. No person shall charge or attempt to charge any passenger in excess of such established maximum fares. Sec. 15. Receipts for fares. The driver of any vehicle for hire shall upon demand by the passenger render to such passenger a receipt for the amount charged. Sec. 16. Solicitation, acceptance and discharge of passengers. (a) Solicitation of passengers by driver. No driver shall solicit passengers for a vehicle for hire except when sitting in the driver's compartment of such vehicle for hire or while standing immediately adjacent to the curb side thereof. The driver of any vehicle for hire shall remain in the driver's compartment or immediately adjacent to his/her vehicle at all times when such vehicle is upon the public street, except that when necessary, a driver may be absent from his/her vehicle for hire for not more than fifteen (15) consecutive minutes; and provided further, that nothing herein contained shall be held to prohibit any driver from alighting to the street or sidewalk for the purpose of assisting passengers into or out of such vehicle. (b) Prohibited solicitation. No driver shall solicit patronage in a loud, abusive or annoying tone of voice or by sign or in any manner obstruct the movement of any persons, or follow any person for the purpose of soliciting patronage. (c) Receipt and discharge of passengers on sidewalk only. Drivers of vehicles for hire shall not receive or discharge passengers in the roadway but shall pull up to the right- hand sidewalk as near as possible or, in the absence of a sidewalk, to the extreme right-hand side of the road and 6 dollars ($100,000.00) for bodily injury to any one person; in the amount of three hundred thousand dollars ($300,000.00) for injuries to more than one person which are sustained in the same accident; and one hundred thousand dollars ($100,000.00) for property damage resulting from any one accident. Said bond or bonds shall inure to the benefit of any person who shall be injured or who shall sustain damage to property proximately caused by the negligence of a holder, his/her servants or agents. Said bond or bonds shall be filed in the office of the city secretary and shall have as surety thereon a surety company authorized to do business in the State of Texas. The city manager may, at his discretion, allow the holder to file, in lieu`of bond or bonds, a liability insurance policy issued by an insurance company authorized to do business in the State of Texas, which maintains a duly authorized agent in the city. Said policy shall conform to the provisions of this section relating to bonds. Sec. 8. Permit fees. Permit and other fees under this chapter shall be from time to time set by the City Council, and a schedule of such fees shall be kept in the office of the city secretary. Sec. 9. Transfer of permit. No vehicle for hire permit may be sold, assigned, mortgaged or otherwise transferred without the written consent of the city manager. Sec.10. Suspension and revocation of permit. A permit issued under the provisions of this chapter may be revoked by the city manager or suspended temporarily if the holder thereof has: (a) Violated any of the provisions of this chapter; (b) Discontinued operations for more than ten (10) days; (c) Given false information on the permit application; (d) Has violated any ordinance of the City of Pearland, or the laws of the United States or the State of Texas, which acts reflect unfavorably on the fitness of the holder to furnish public transportation. Prior to suspension or revocation, the holder shall be given written notice of the proposed action to be taken and shall have an opportunity to be heard. 4 (f) Person includes an individual, a corporation, a partnership, any unincorporated association or other legal entity. (g) Stand means a public place alongside the curb of a street or elsewhere in the city, which has been designated by the City Council as reserved exclusively for the use of vehicles for hire. (h) Vehicle for hire means a vehicle, however propelled, which is at any time engaged in the business of carrying passengers for hire, having a seating capacity not exceeding eight (8) passengers and which is operated upon a public way or upon any publicly -owned property. Sec. 2. Certificate of public convenience and necessity required. No person shall operate or permit a vehicle. for hire owned, leased or controlled by him/her to be operated as a vehicle for hire within the territorial limits of the city without having first obtained a vehicle for hire permit from the city manager. Sec. 3. Application for permit. An application for a vehicle for hire permit shall be filed with the city secretary upon forms provided by the city; and said application shall be verified under oath and shall furnish the following information: (a) The name and address of the applicant._ (b) The amounts of any unpaid judgments against the applicant, arising from vehicular operation, and the -nature of the acts giving rise to said judgments. (c) The experience of the applicant in the transportation of passengers. (d) Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate. (e) The number of vehicles to be operated or controlled by the applicant and the location of proposed depots and terminals. (f) The color scheme or insignia to be used to designate the vehicle(s) of the applicant, if any. (g) Such further information as the City Council may require. 2