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Ord. 0543-09 2015-11-23ORDINANCE NO. 543-9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 32 OF THE CITY OF PEARLAND CODE OF ORDINANCES, TAXICABS, MODIFYING REQUIREMENTS FOR THE OPERATION OF TAXICABS WITHIN THE CITY; PROVIDING A PENALTY FOR VIOLATION; HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Chapter 32 of the City of Pearland Code of Ordinances, Taxicabs, shall hereafter be amended to read as follows: CHAPTER 32 TAXICABS Sec. 32-1. 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: Driver or chauffeur means every person in actual charge of the operation of a taxicab, as defined in this section, whether as owner or agent, servant or employee of the owner, as defined in this section. Limousine means any automobile or self-propelled vehicle used for transportation of a passenger for hire over a public street of the city, 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 hours, and the vehicle is routed to a destination under the direction of the passenger or person hiring the vehicle. Manifest means 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 the total number of hours driven. Owner and taxicab operator means 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 a driver. 1 ORDINANCE NO. 543-9 Permit means authority granted to the owner allowing such owner to operate a taxicab, and the permit shall authorize such operator of a taxicab to engage in the business of transportation by taxicab. The term "permit" includes the term "license." Taxi sub terminal means any place other than a taxi terminal in which the drivers or chauffeurs of taxicabs shall receive calls from a dispatcher and the 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. 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 vehicles or motorbuses operating over a fixed or definite route under permit, franchise or license issued by the city or other regulatory authority; school buses, either private or public; church buses; authorized emergency vehicles; limousines or vehicles hired in connection with funeral services; or 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. Taximeter means a machine adapted automatically to calculate, at a predetermined rate, and to register the charge for hire of a taxicab. Such charges shall be indicated by means of figures. Terminal means the taxi depot, at which place the taxicabs shall be housed or parked, 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. Waiting time means 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 ORDINANCE NO. 543-9 Sec. 32-2. Enforcement. It shall be the duty of the city manager or his duly authorized subordinates, particularly the chief of police and the police department, to enforce this article under their police power and all sections of this article with respect to any violation of this article and to the regulation of taxicabs in the city, except that enforcement under this Article shall only apply to Taxicab fares that originate in the City. Sec. 32-3. Penalties. Each violation of this article shall upon conviction be punishable as provided in section 1-11 of the City Code of Ordinances. This offense is hereby declared to be a strict liability offense and the culpable mental state required by the Texas Penal Code is hereby specifically negated and clearly dispensed with. Sec. 32-4. Responsibility for solvency of insurer; suits on insurance policy. Neither the city nor any officer thereof shall be held liable for the pecuniary responsibility or solvency of any insurer or in any manner become liable for any sum on account of any such claim or act or omission relating to any taxicab nor shall the liability of the owner of any taxicab or his insurer be in any manner limited or changed in connection with 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. All persons known to any insurer to have been injured or damaged in the same accident and claiming damages thereunder may be parties without priority of claim on payment in any suit had or instituted because of such matters. Sec. 32-5. Taxi Cab Service Permit Required. No individual, firm or corporation shall drive or operate or cause to be driven or operated any taxicab or taxicab service for the transportation for hire of persons upon or over any street in the city unless there has first been obtained a permit duly issued by the city. It shall be unlawful to drive or operate a taxicab or taxicab service without the permit, which is in full force and effect. Sec. 32-6. Application for permit. (a) An application for a Taxicab Service Permit within the city shall be filed with the chief of police or his designee on a form provided by the city. An application for renewal of an existing permit shall be filed on or before December 30 of each calendar year. Application 3 ORDINANCE NO. 543-9 for initial service may be made at any time. The applicant shall provide the following information: (1) The name of the company; (2) The address of the company; (3) The telephone number of the company; (4) If a corporation, the name and address of the major officers of the corporation and the major stockholders; If a partnership, the names and addresses of partners; (5) (6) If a sole proprietorship, the name and address of the owner; (7) A description of the make, vehicle identification number and license number of each taxicab; (8) The name, address, age, driver's license number, social security number, copy of a valid Texas driver's license and a state department of public safety driving record for the applicant and each driver. Such information shall be kept current during the permit period. The chief of police or his designee shall review the driving record for each driver. No driver who has been convicted of two or more traffic violations involving motor vehicle accidents within the past 12 months shall be allowed to drive a taxicab or taxicab service upon or over any street in the city. Failure to provide such information to the chief of police for each driver operating a taxicab within the city shall be grounds for denying or revoking the permit of the taxicab company; (9) Written proof that the minimum standards for each vehicle as required in this article have been met or surpassed; (10) The seating capacity of each taxicab according to its trade rating; (11) The terminal location; (12) The standard color or combination of colors adopted by the applicant for the applicant's taxicab fleet; and (13) A color visa -sized photograph cut to 1'/ inches by 1'/ inches of each driver 4 ORDINANCE NO. 543-9 requesting an official identification or renewal of such. (b) The application shall include a sworn statement by the applicant that the information provided in the application is true and correct. Sec. 32-7. Permit fees. Each application for a permit required by this division shall be accompanied by a nonrefundable permit fee in accordance with the following fee schedule: $40.00 per Taxicab for 1-9 permitted Taxicabs; $500.00 total for 10-14 Taxicabs; $700.00 total for 25- 49 Taxicabs; $1,000.00 total for 50-99 Taxicabs; $1,300.00 total for 50-99 Taxicabs; and $1,600.00 total for 100 or more Taxicabs. The initial application for permit shall be charged on a pro rata basis for the then current calendar year. Fees collected pursuant to this Section shall be used to cover the expense of carrying out the provisions of this chapter. Sec. 32-8. Insurance required. (a) Any applicant for a permit required under this chapter shall, before the permit 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 permit a policy of commercial auto liability insurance, insuring the public against any loss or damage that may result to any person or property from the operation of such vehicle. Such coverage shall be in amounts that are no Tess than the minimum coverage specified in the Texas Motor Vehicle Safety Responsibility Act as now in force or hereafter amended. 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 chief of police or his designee shall be given at least 30 days' written notice prior to the date of cancellation before such policy may be canceled by the insurer for any cause. (b) If the city attorney determines that the public liability and property damage insurance policy provided for in subsection (a) of this section has become impaired and requires new and additional insurance, the city attorney shall require such additional insurance in such company as he may feel is required to insure a faithful performance by the operator of taxicabs and his agents, servants and employees, as well as a payment by such operator of taxicabs, his agents, servants and employees or because of the violation by the operator of taxicabs, individually or through his agents, servants or employees, of any city ordinance or any of the laws of the state or of the United States. 5 ORDINANCE NO. 543-9 (c) If the insurance policy is canceled and no insurance policy is filed by the owner or taxicab operator before the cancellation, the permit to operate taxicabs granted to such person shall be automatically revoked. Sec. 32-9. Inspection of Taxicabs. (a) The chief of police or his designee shall have the right to inspect all taxicabs permitted or to be permitted under this Section to determine if such vehicles meet the following minimum standards: (1) Each vehicle shall be equipped with a fire extinguisher that has a fire extinguisher tag evidencing that the extinguisher was inspected by a fire extinguisher service during the 30-day period immediately preceding the application or renewal of such application for a taxicab permit; (2) Each vehicle shall be free from dirt or rubbish and shall be otherwise clean and sanitary; (3) The Vehicle Identification Number and Vehicle Permit number shall be compared to the numbers listed on the Taxicab Permit application for accuracy; (4) Each vehicle shall have the proper lettering painted on the door as required by this Section; (5) Each vehicle shall display a valid and current vehicle inspection sticker authorized by the State of Texas; (6) Each vehicle shall be equipped with an air conditioner that is in good working order and shall have windshields that are free from cracks; and (7) Each vehicle shall be equipped with a taximeter and shall have a certificate of calibration showing that such taximeter was calibrated within the 30-day period immediately preceding the application or renewal of such application for a taxicab permit and that the taximeter is in good working order. (b) All inspection records shall be maintained by the Pearland Police department. 6 ORDINANCE NO. 543-9 (c) Notwithstanding the foregoing, a person driving a taxicab upon the streets of the City shall not be deemed to be in violation of this Section if such person has been issued and holds a valid Vehicle Permit from the City of Houston or other municipality. (d) At no time shall any taxicab that is found to be unsafe by the chief of police or his designee be operated over the streets of the city. Nothing in this section, however, shall prevent the city from inspecting any taxicab at any time and if the city, through its agents, servants or employees, finds that any taxicab is in a defective condition, the chief of police or his designee shall order the use of the taxicab discontinued until the taxicab is reinspected and approved. Sec. 32-10. Issuance of Vehicle Permit and official identification. (a) Under this chapter, the chief of police or his designee shall issue to each applicant a Vehicle Permit or renewal for each vehicle upon the filing of written proof of insurance as required in this chapter, upon ensuring that all city taxes on each vehicle and on all other personal and real property used in such business have been paid and upon a determination that all requirements of this article have been met. Permits shall be issued fora 12-month period. Such period shall run from January 1 to December 31 of each year. Any new permit issued during the year shall begin on the date of issuance and shall end on December 31 of that year. The permit shall state the period for which the permit is issued, the name of the owner or operator of the vehicle, the make of vehicle, the vehicle identification number, the current permit number and that the vehicle is a taxicab. (b) After the issuance of the Vehicle Permit, the chief of police or his designee shall issue an official identification to each driver of the permitted taxicab company who has met all of the requirements in this chapter and is therefore authorized to operate a taxicab within the incorporated limits of the city. This official identification shall be entitled "Official Identification -- Pearland Taxicab Driver" and shall contain a photograph of the driver, the driver's name, the name of the taxicab company, the issue date of the official identification and the expiration date of such. The identification shall expire no later than two years after its issuance on December 31. It shall be the responsibility of the applicant for the permit to ensure that each driver's official identification is current. (c) Notwithstanding the foregoing, a person driving a taxicab upon the streets of the City shall not be deemed to be in violation of this Section if such person has been issued and holds a valid Vehicle Permit and current taxicab driver's license from the City of Houston or other municipality. 7 ORDINANCE NO. 543-9 Sec. 32-11. Payment of ad valorem taxes. It shall be the duty of every owner of a taxicab that is operated in the city limits to pay all ad valorem taxes assessed by the city against such vehicle and all other personal and real property used in such business. Failure to pay such ad valorem taxes before they become 90 days delinquent shall operate as a revocation of the permit issued in accordance with this division. Sec. 32-12. Renewal; transferability. Each permit issued under this chapter may be renewed from year to year by the holder of the permit, provided the permit has not been canceled for any violation of this chapter. The permit issued under this chapter shall be deemed personal to the holder and shall not be transferable or assignable. Sec. 32-13. Alteration of terms by city council. The city council expressly reserves the right to modify, amend, change or eliminate any of the provisions of any permit issued under this division, during the life of the permit, to: (1) Eliminate or delegate any conditions that might prove obsolete or impractical; or (2) Impose any additional conditions upon any owner, as may be just and reasonable, and which are deemed necessary for the purpose of promoting adequate, efficient, safe taxicab service to the public. Sec. 32-14. Revocation. Every operator of a taxicab in the city shall be permitted in accordance with state laws. In addition to the penalties as provided in this Code for the violation of any section of this Code or any city ordinance, any owner or operator of a taxicab service who violates any section of this chapter, including permitting drivers to operate or drive any vehicle while not properly permitted, is subject to the immediate cancellation of his permit to operate in the city by the chief of police. However, not less than ten days before such cancellation, the owner shall be given written notice and an opportunity to be heard before the chief of police as to why the permit should not be canceled. No such notice or hearing shall be deemed necessary prior to the revocation of a permit for failure to maintain proper insurance as required in section 32-8. 8 ORDINANCE NO. 543-9 Sec. 32-15. Driver approval; driving limit; display of permit (a) No person may drive or operate any taxicab unless and until the applicant has provided his name, address, age, driver's license number, social security number, a copy of a valid driver's license from this state, and a copy of their state department of public safety driving record to the chief of police or his designee. Further, during the term of the permit, if any driver is involved in a traffic accident, receives a citation or arrested for a traffic violation which is reflected on such driver's state department of public safety driving record or commits any offense which is so reflected, the permittee shall immediately provide the chief of police or his designee an updated state department of public safety driving record for that driver. No operator or driver of any taxicab shall operate any motor vehicle for more than 12 hours in any 24-hour period. Every driver shall display upon request and shall have on his person a valid driver's license issued by this state. No person under 19 years of age shall operate a taxicab. (b) No driver shall operate a taxicab in the city without first submitting an official copy of their current criminal record as issued by the Texas Department of Public Safety, or other appropriate state agency, demonstrating that he/she has not been convicted of a felony crime within the preceding five years or a crime of moral turpitude. Further, the criminal record must demonstrate that the driver has not been convicted of the following specific crimes: driving while intoxicated (a final conviction within the most recent two years of permitting), aggravated assault, rape or theft over $200.00. The applicant or permittee shall file a copy of the criminal record with the chief of police or his designee prior to the driver operating a taxicab in the city. (c) It shall be unlawful for any owner or taxicab operator to permit any taxicab to be driven or operated within the corporate limits by any person except the owner of the taxicab or a legally authorized agent or employee of the owner or operator who has satisfied all the requirements of this section. (d) Notwithstanding the foregoing, a person driving a taxicab upon the streets of the City shall not be deemed to be in violation of this Section if such person has been issued and holds a valid and current taxicab driver's license from the City of Houston. Sec. 32-16. Posting of permit and identification of driver. Both the Vehicle Permit issued by the chief of police or his designee under this chapter and the official identification of each taxicab driver required shall be posted by the applicant within the vehicle in a conspicuous place, visible to all passengers, and it shall be unlawful to fail to do so. Notwithstanding the foregoing, a person driving a taxicab upon the streets 9 ORDINANCE NO. 543-9 of the City shall not be deemed to be in violation of this Section if such person displays a valid Vehicle Permit and current taxicab driver's license from the City of Houston. Sec. 32-17. Lettering on vehicle. Each vehicle permitted under this Chapter 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 taxicab number. All of the lettering mentioned in this section shall not be less than 22 inches in height and not less than 5/16 of an inch in stroke. The letters shall be of such a nature that will weather the elements, and they must be kept legible at all times. Notwithstanding the foregoing, a person driving a taxicab upon the streets of the City shall not be deemed to be in violation of this Section if such person has been issued and holds a valid Vehicle Permit from the City of Houston. Sec. 32-18. Uniform coloring. Each taxicab owner shall adopt a standard color or combination of colors and shall not operate a taxicab until all of the taxicabs are painted the color or combination of colors adopted by the permit holder. Sec. 32-19. Overcrowding. It shall be unlawful for any person engaged in the taxicab business to overcrowd the taxicab and thereby endanger the passengers carried therein. As used in this section, the term "overcrowded" shall mean that the driver is transporting a greater number of people in the vehicle than has been recommended by the manufacturer of the vehicle or for whom there is not a seat belt, inclusive of the driver. Sec. 32-20. Passenger's right of exclusive occupancy. When a taxicab is engaged, the passenger shall have the exclusive right to the full and free use of the passenger compartment, and it shall be unlawful for the taxicab driver or permittee to solicit or carry additional passengers therein, except with the consent of the passenger who engaged the taxicab originally. 10 ORDINANCE NO. 543-9 Sec. 32-21. Soliciting prohibited. (a) It shall be unlawful for any driver or operator of any taxicab or for any other person to seek or solicit passengers for any such taxicab by word or by sign, directly or indirectly, while driving on any public street or public place of the city or while parked on any public street or alley of the city. (b) It shall be unlawful for any driver or operator to speak or call out in a loud manner the term "taxicab," "automobile for hire," "hack," "carriage," "bus," "baggage" or "hotel" or in any manner attempt to solicit passengers at any passenger depot or upon any passenger depot platform, grounds or premises of any railroad company, air terminal or bus station, or upon any city sidewalk or street. Sec. 32-22. Transportation for unlawful purposes. It shall be unlawful for any driver of a taxicab to knowingly transport any person to the abode of a prostitute or to knowingly transport any person, criminal, narcotic peddler or prostitute for the purpose of aiding in the commission of a crime or the violation of the law in any manner or to act in any manner as a pimp for prostitutes or to act as a contact person for any unlawful establishment of any character. Sec. 32-23. Lost or misplaced property. (a) It shall be the duty of every taxicab driver to return immediately to the owner, if known, all luggage, merchandise or other property left in the taxicab. If the owner of such property is not known, the driver shall immediately turn over property to the manager of the taxi terminal from which he operates, giving a complete report of when and where it was left in the taxicab. (b) All of such property shall be tagged for identification purposes. If it is not called for by its owner within seven days, it shall be placed in storage by the taxicab owner, where it shall be held for at least 90 days, after which, if not called for by its owner, it may be sold for storage charges according to state law pertaining to public sales. Sec. 32-24. 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, the number of passengers, the amount of the fare and the 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 11 ORDINANCE NO. 543-9 daily by each driver. Notwithstanding the foregoing, a person driving a taxicab upon the streets of the City shall not be deemed to be in violation of this Section if such person has been issued and holds a valid and current taxicab driver's license from the City of Houston. Sec. 32-25. Taximeters. Every taxicab operating upon the streets in the city shall be installed and equipped with a taximeter, which taximeter shall be in good working order and subject to inspection at any and all reasonable times by the city. Sec. 32-26. Refusal to pay fare. It shall be unlawful for any passenger to refuse to pay the legal fare due for the use of any taxicab after having hired the taxicab. It shall be unlawful for any person to hire any taxicab with the intent to defraud the person from whom it is hired and, after using the taxicab, to fail or refuse to pay the taxicab fare due. Sec. 32-27. Terminals and sub terminals. (a) Every taxicab operator shall maintain 24-hour-per-day toll -free public telephone service for customers to request taxicab services. (b) The driver of a taxicab using a sub terminal shall remain seated in his vehicle at all times while such vehicle is at a sub terminal. However, such driver may leave the vehicle when actually necessary to assist passengers to enter or leave the taxicab 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. Sec. 32-28. 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 12 ORDINANCE NO. 543-9 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 equivalent to the rate prescribed in the City of Houston Code of Ordinances, Vehicles for Hire, as that rate may be amended from time to time. (2) Waiting time consumed by the taxicab at the instance of the passengers or due to traffic delays shall be equivalent to the rate prescribed in the City of Houston Code of Ordinances, Vehicles for Hire, as that rate may be amended from time to time. Waiting time shall be registered on the taxicab's meter with the selector lever in the time position. (b) No taxicab shall be operated at any time with a passenger unless the meter is correctly operating and showing the rates that are being charged. If at any time the taximeter stops or fails to operate or is operating incorrectly, it shall be the duty of the operator of the taxicab to immediately take the taxicab to its terminal and not operate such taxicab until the meter has been fixed and adjusted. (c) It shall be the duty of the applicant or permittee to have the taximeter in each taxicab inspected during the 30-day period immediately preceding the application for the taxicab permit and to provide written proof that each taximeter is in good working order and free from mechanical defects, unless the Taxicab holds a valid permit from the City of Houston or other municipality. The city shall have the right to inspect the taximeter at any time it so desires. Sec. 32-29. Overcharging. It shall be unlawful for any owner, driver or operator of any taxicab to refuse to convey a passenger over the most direct route practical or to demand or receive an amount in excess of the rates displayed on the rate cards displayed in the taxicab or the rate shown on the meter, freewill tips excepted." Section 2. Repealer. All ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of the conflict only. 13 ORDINANCE NO. 543-9 Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid, unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 4. Savings. All rights and remedies which have accrued in favor of the City under this Ordinance and amendments thereto shall be and are preserved for the benefit of the City. Section 5. Codification. It is the intent of the City Council of the City of Pearland, Texas, that the provisions of this Ordinance shall be codified in the City's official Code of Ordinances as provided hereinabove. Section 6. Publication and Effective Date. The City Secretary shall cause this Ordinance, or its caption and penalty, to be published in the official newspaper of the City of Pearland, upon passage of such Ordinance. The Ordinance shall then 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 the 9th day of November A. D., 2015. 14 TOM REID MAYOR ORDINANCE NO. 543-9 ATTEST: Y• r NG L • , TR Y SE ; TARY PASSED and APPROVED on Second and Final Reading this the 23rd day of November, A. D., 2015. APPROVED AS -• FORM D' RRIN M. COKER CITY ATTORNEY 15 TOM REID MAYOR VOTING RECORD SECOND AND FINAL READING November 23, 2015 Voting "Aye" - Councilmembers, Carbone, Moore, Reed, and Ordeneaux. Voting "No" — 0. Motion passed 4 to 0, with Councilmember Hill absent. PUBLICATION DATE: December 3, 2015 EFFECTIVE DATE: December 13, 2015 PUBLISHED AS REQUIRED BY SECTION 3.10 OF THE CHARTER OF THE CITY OF PEARLAND, TEXAS Ordinance No. 543-9 STATE OF TEXAS COUNTY OF BRAZORIA Personally appeared before the undersigned, a Notary Public within and for said County and State. Buzz Crainer, Representative for Brenda Miller Fergerson, Publisher of the Pearland Journal, a newspaper of general circulation in the County of Brazoria, State of Texas. Who being duly sworn, states under oath that the report of Ord. #543-9 a true copy of which is hereto annexed was published in said newspapers in its issue(s) of December 10, 2015. Publisher's Representative Sworn to t subscribed before m this 2 ed day of 12.Cccm bee", 2015. L'1 Notary Pd.ablic My commission expires on ORDINANCE NO.543-g AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 32 OF THE CITY OF PEARLAND CODE OF ORDINANCES, TAXICABS, MODIFYING REQUIREMENTS FOR THE OPERATION OF TAXICABS WITHIN THE CITY; PROVIDING A PENALTY FOR VIOLATION: HAVING A SAVINGS CLAUSE, A SEV- ERABILITY CLAUSE, AND A REPEALER CLAUSE; PROVIDING FOR CODIFICATION, PUBLICATION AND AN EFFECTIVE DATE. Sec. 32-3. Penalties. Each violation of this article shall upon conviction be punishable as provided in section 1-11 of the City Code of Ordinances. This offense is hereby declared to be a strict liability offense and the culpable mental state required by the Texas Penal Code is hereby specifically negated and clearly dispensed with. PASSED and APPROVED on Second and Final Reading this the 21' day of November, A. D., 2015. Is' TOM REID MAYOR ATTEST (Si yOTINO RECORD SECOND AND FDV RE1lattQ YOUNG LORFING, TRMC yt>®_E___ CITY SECRETARY APPROVED AS TO FORM IS/ DARRIN M. COKER CITY ATTORNEY va•p •Aw• W-NV -• wow FMEFFa O. r cv.e+. 0 s..,. I�I(ANDAT! 0 tt 0. 3GO EM[CiM OAR. Dov+130+! PUBLISHED M REOIARED BY SECTION 3.10 OF THE CNMTER OF THE CITY DE PEAR/AND, TEXAS