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Home My WebLink AboutOrdinance 2458 ORDINANCE NO. 2458 AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS PRESCRIBING MINIMUM QUALIFICATIONS FOR OPERATION OF A LIMOUSINE SERVICE; REQUIRING A PERMIT FOR ALL VEHICLES OWNED AND OPERATED BY A LIMOUSINE BUSINESS; AND REQUIRING REGISTRATION OF LIMOUSINE DRIVERS. WHEREAS, the City of North Richland Hills, Texas is a home rule city, acting under the provisions of the Texas Local Government Code and the North Richland Hills Home Rule Charter; and WHEREAS, the City Council has determined that the establishment of limousine service regulations is necessary to adequately regulate the safe use of the public streets in the City, and the carrying of passengers for compensation; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, THAT the following regulations shall be the minimum standards for operating a limousine service within the corporate limits of the City of North Richland Hills, Texas: 1. Definitions As used in this ordinance, the following words and terms shall have the meaning ascribed to them in this section: A. Driver or Chauffeur: every person who actually drives or manipulates a vehicle used as a limousine, whether as owner or agent, or employee of an owner. B. Limousine: any unmetered late model luxury vehicle or antique vehicle with a seating capacity for a minimum of four (4) passengers and which vehicle is used for the transportation of passengers for hire exclusively chartered for a minimum of one (1) hour per trip carrying such charter passenger(s) to and from designated points within the corporate limits of the City. Does not include vehicles rented without drivers, taxicabs, touring vehicles, publicly franchised buses, or vehicles owned and operated by motels, hotels or other businesses for the transporting of their guests or employees free of charge. A limousine shall not have a stoop light or taxi meter, or in any way represent itself as a taxicab or be marked or operated in such a way as will cause it to be confused with a taxicab. C. Late Model Luxury Vehicle: a full size model of a commonly recognized manufacturer of luxury automobiles, including, but not limited to, such manufacturers as Cadillac, Lincoln, Mercedes and Rolls Royce, which vehicle shall not be more than five (5) years old unless permission for use is granted by the City Council. D. Antique Vehicle: any passenger vehicle which is at least thirty-five (35) years old. E. Owner or Operator: any person who has the control, direction, maintenance or the benefit of the collection of revenue derived from the operation of a limousine on or over the streets of the City, whether as owner or otherwise, provided that the term "driver", as defined in this section, shall not be included in this definition. 2. Applicability It shall be unlawful for any person to rent, hire or operate a limousine upon the streets in the corporate limits of the City of North Richland Hills unless the provisions of this article have first been complied with, and said person has obtained a valid City limousine service permit for each vehicle and registered each driver employed by or working in service to said limousine service. 3. Permits A. Limousine Service and Vehicle Permits in General: Every person desiring to engage in the business of operating any limousine service shall make application, in writing, to the City Secretary on a form provided for that purpose, for a permit to engage in the business specified. Such application shall contain the name, address and telephone number of the true owner of the business and the state license number, types and seating capacity of every vehicle to be operated and such other information as the City Manager deems necessary. Any change of the state license number of any permitted vehicle shall be reported to the City Secretary immediately. A permit fee of seventy-five dollars ($75.00) for each vehicle for which a permit is requested shall accompany the application. B. Registration of Chauffeur in General: It shall be unlawful for any person to drive any limousine engaged in the business of transporting passengers upon or over any street within the corporate limits of the City, without first being registered with the City as a chauffeur employed by the limousine service. Each driver shall register with the City Secretary and pay a fee of ten dollars ($10.00) to the City of North Richland Hills. Such registration shall be valid for twelve (12) months and shall be accompanied by the following information: (1) verification that applicant possesses a valid State of Texas Operator's license with appropriate endorsements if applicable; and, (2) the full name of the person or owner for whom the applicant proposes to be employed; (3) the length of residence of the applicant in the city and the state, and whether he or she is a citizen of the United States; (4) the experience, if any, the applicant has had as a driver of a motor vehicle; Ordinance No. 2458 Page 2 C. Issuance of Limousine Service and Vehicle Permits: (1) No permit to operate a limousine or limousine service shall be issued as hereinafter provided until the City Manager or his designee has made a favorable determination on the application of whether the public convenience and necessity is served by the issuance of said permit. (2) The City Secretary shall determine whether or not the applicant appears to meet the requirements of this ordinance. If the applicant appears to have complied with all the requirements of this ordinance, the City Secretary shall forward a favorable recommendation to the City Manager to grant a permit. (3) If the applicant is denied a limousine service permit, the applicant shall have the right to appeal to the City Council within ten days (10) of the date of such refusal, which shall be affected by delivering a letter to the City Secretary requesting an appeal of the City Manager's decision. The City Council shall hold a public hearing thereon within thirty (30) days after receiving the request, and, after the hearing, sustain or reverse the decision of the City Manager. If no appeal is made within ten (10) days of the City Manager's denial of said application, then the decision of the City Manager is final. (4) In determining whether or not the public convenience and necessity will be served, the following factors may be considered: (a) the need or demand for such service; (b) the financial history and condition of the applicant; (c) the number, kind, age and type of equipment and the color scheme to be used by the applicant; (d) the probable effect of increased service on local traffic conditions; (e) whether the safe use of the streets of the City by the public, both vehicular and pedestrian, will be endangered by the granting of a permit for the additional service; (f) the character, experience and responsibility of the applicant and its owner/operator; and, (g) whether the applicant is fit, able and willing to perform the service on a regular and continuous basis. (5) The City Secretary shall, after the City Manager has determined the public convenience and necessity for such service, issue a limousine vehicle operation permit to such applicant upon compliance with the requirements of this ordinance and shall issue permits for the operation of all vehicles complying with the requirements of this ordinance and any special requirements imposed by the City Council. No permit shall be issued unless every vehicle proposed to be used complies with the minimum requirements of this ordinance and State vehicle safety standards. Ordinance No. 2458 Page 3 D. Registration of Chauffeurs: (1) Chauffeurs must show proof of a valid Texas Operator's license with appropriate endorsements if applicable issued to him or her by the State of Texas at least thirty (30) days prior to the date of the application. (2) The City Manager or his designee shall investigate or cause to be investigated the character, experience and qualifications of any driver as may be deemed in the best interest of the safety, comfort and health of the general public in the use of the streets by such applicant. (3) Each driver under this ordinance shall undergo a background check conducted by the City. (4) The City Manager or his designee may suspend, revoke or deny the registration of any chauffeur pursuant to the provisions of this ordinance for any violation of this ordinance (5) If registration is denied because of a driver's prior conviction of a crime, the City shall notify the applicant in writing of the reason for the suspension, revocation, denial or disqualification; the review procedure provided in this ordinance; and the earliest date the person may appeal. (6) In the event a driver is refused registration upon appeal because of prior conviction of a crime and the relationship of the crime to duties of a chauffeur, the City shall notify the applicant by certified mail, return receipt requested, of the following procedure: (a) A person whose registration has been suspended or revoked or who has been denied a permit, who has exhausted administrative appeals, may file an action in a district court in Tarrant County for review of the evidence presented to the permit authority and its decision. (b) The person must begin the judicial review by filing a petition with the court within thirty (30) days after the licensing authority's decision is final and appealable. 4. General Requirements A. Each vehicle permitted under this ordinance shall comply with all the safety requirements imposed by the State of Texas, the United States of America, and the City of North Richland Hills applicable to the vehicle involved. B. Before any permit is granted to operate a limousine service or vehicle in the City shall become effective, the grantee shall procure and furnish to the City Secretary, and thereafter keep in full force and effect, a policy of motor vehicle insurance, to be approved by the City. Every such insurance policy shall insure all of the vehicles owned, leased, contracted, hired, or controlled by the holder of such permit and used in such limousine service for which a permit has been authorized. Every such policy of insurance shall be issued by an insurance agency organized and existing under the laws of the State of Texas, or having a valid permit to do business in Texas. Ordinance No. 2458 Page 4 C. The motor vehicle liability insurance coverage must meet the minimum limits required to establish proof of financial responsibility as follows: (1) $100,000 for bodily injury to or death of one person in one accident; (2) $300,000 for bodily injury to or death of two or more persons in one accident (subject to (1)); (3) $100,000 for damage to or destruction of property of others in one accident. D. The owner shall have rendered each vehicle for which a permit is sought for ad valorem taxation and shall have paid all delinquent taxes owing the City upon every such vehicle. 5. Penalty Clause Any person, firm or corporation or agent who shall operate a limousine service in violation of this ordinance shall be guilty of a misdemeanor, and shall, upon conviction in a court of competent jurisdiction for any such violation, be punished by a fine not to exceed two hundred dollars ($200.00). 6. Severability Clause It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. 7. Effective Date This ordinance shall be in full force and effect from and after its passage and publication as required by law. Ordinance No. 2458 Page 5 PASSED AND APPROVED THIS 28TH DAY OF FEBRUA 2000. '4.~g , arles Sco Mayor ATTEST: gtl/!/itti ßur~ Patricia Hutson City Secretary APPROVED AS TO CONTENT: ~r;i ~ ' Lar: J, Cu· "ham TT City Mana r' Ordinance No. 2458 Page 6 t2t~M1$ 170 ¿;J¿¡SJ CIT 13 167896961 3/6/00 Net due in 21 days 3/31/00 INVOICE Star-Telegram 400 W. 7th Street FORT WORTH, TX 76102 (817) 390-7761 Federal Tax 1D 22-3148254 Customer ID: Invoice Number: Invoice Date: Terms: Due Date: PO Number: Order Number: Sales Rep: Description: Publication Dates: Bill To: CITY OF NO RICHLAND HILLS/SECRE PO BOX 820609 NORTH RICHLAND HILLS, TX 76182- Attn: FINANCE . DEPT 16789696 073 ORDINANCE NO.2 3/3/00 - 3/6/00 Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- Telegram, published by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas¡ and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was pUblishe~~ named papér on the Ii~~ates: _ ~ - ~~~~~~~~~~ SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday, March 07 000. ~---------1 ~ - - -- DÂWN- M. KUYKENDALL r~ COMMISSION EXPIRES ~ SEPTEMBER 13, 2003 --~-----~---_....--- ,.;,- Thank You For Your Payment ORDINANCE NO. 2458 An Ordinanc ~~,:.....~ "':F~ qt.. · of Sales Discount I ,.' .' . - ~ .. . \(..... ~ 1ft" 1358 30 30 LINE I . .f per- ~~~ ~~3::~'1 wh~1~~if:~~ :~ragg;¡"r~~~~7~ ~~~:fse~ $~O for violation of this ~- ~~~r;~~p~ ~ for -' effective Illite. P"Md. end Apfw. ~ oy ttMI QIty Council of !tie C~ of North Ric~ JoIs. T....s on Februllry 21. 2000. APProved: /~harhIs Scoma. Mayor N PatriCia Hutson. ç:ity Sec:fetwy Apf¡I:~ .s to Form aildl.øfity: Rex Mct:ntirè, City Attorney Net Amount: THE STATE OF TEXAS County of Tarrant $5.79 $347.40 ($325.80) $21.60 Notary Public VA<ßçz(]~ ,