HomeMy WebLinkAboutO-1996-2135
e
.
ORDINANCE NO. 96-2135
ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE, "TAXICABS"; REGULATING TAXICABS; PROVIDING THAT
ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED
GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHAL.L BE FINED IN A
SUM NOT TO EXCEED FIVE HUNDRED DOLLARS; PROVIDING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL TO THE CITY OF LA PORTE:
SECTION 1. The Code of Ordinances, City of La Porte, is hereby amended by
repealing Sections 24, Section 24-1 through Section 24-29, both inclusive, thereof, and
substituting therefore the following, to-wit:
DIVISION 1. GENERALLY
Definitions
The following words and phrases, when used in this article, shall have the
meanings respectively ascribed to them in this section:
City: The City of La Porte, Harris County, Texas.
Driver: Every person in actual control of the operation of a taxicab, whether as
owner, joint owner, agent, servant, bailee or employee.
Owner: Any person having the control, direction, maintenance or benefit of
collection of revenue derived from the operation of a taxicab as owner, jointly or
singularly, whether as actual owner or otherwise, except as a driver.
Taxicab: Every automobile or motor propelled vehicle used for transportation of
passengers for hire over any street in the city, except motorbuses operated under a
franchise from the city and motorbuses operating under a permit or certificate from the
state railroad commission or the interstate commerce commission.
State law reference - Authority of city to license and regulate persons owning,
operating or controlling vehicles used for carrying passengers for hire, V.T.C.A., Local
Gov't Code, ~ 215.004.
Sec. 1.1 Enforcement of article; duty of police.
Every police officer of the city is hereby given authority to watch and observe the
conduct of holders of taxicab franchises and licenses and taxicab drivers. Upon
discovering a violation of the provisions of this article, every officer shall take immediate
steps to enforce the law, either by arrest or by a report to proper officials.
.
.
Sec. 1.2 Prosecution for violation of article provisions.
In a prosecution for violation of this article it shall not be necessary for the
complaint to allege or for proof to be made, that the act was knowingly done nor shall it be
necessary for the complaint to negate any exception contained in this article concerning
any prohibited act.
Sec. 1.3 Liability of city.
The city shall not be liable for any reason for the amount due to any claim or on
account of any act or omission of any officer of the city in connection with any matter
relating to taxicabs.
Sec. 1.4 Owner to employ only licensed drivers.
It shall be unlawful for any owner of any taxicab to permit any person who has not
been licensed with a taxicab license issued under the provisions of this article to drive or
operate any taxicab.
Sec. 1.5 Inspection; Authority of City to Inspect.
(a) Every person owning a taxicab in the city shall have the same inspected at
his own expense once every year by an automobile mechanic certified by the State. It
shall be the duty of the owner of every taxicab to ascertain the type and kind of inspection
required by this ordinance. A certificate evidencing compliance with this section shall be
kept posted in the taxicab in such position as to be plainly visible to all passengers
thereof, and in addition, a sticker evidencing inspection for the current permit year,
prominently displayed over the front windshield of the taxi cab.
(b) The City of La Porte shall have the right to inspect all taxicabs licensed or to
be licensed pursuant to these regulations to determine if such vehicles meet the following
minimum standards:
i) 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;
ii) each vehicle shall be free from dirt or rubbish and shall otherwise be clean,
sanitary, and free from interior or exterior damage;
iii) the vehicle's identification number and license number shall be compared to
the numbers listed on the taxicab license application for accuracy;
iv) 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
v) each vehicle shall be equipped with a taxi meter and shall have a certificate
of calibration showing that such taxi meter was calibrated within the 30-day period
immediately preceding the application or renewal of such application for a taxicab
permit, and that the taxi meter is in good working order.
2
.
e
(c) At no time shall any taxicab that is found to be unsafe be operated over the
streets of the City. Nothing herein, however, shall prevent the City from inspecting any
taxicab at any time and if the City, through its agents, servants, and/or employees, should
find that any taxicab is in a defective condition, the City Secretary shall order the use of
said taxicab discontinued until same is reinspected and approved pursuant to the terms of
these regulations.
Sec. 1.6 Taxicab driver's license to be posted in cab.
No taxicab shall be driven or operated over, upon or along any street, avenue,
alley or road in the city, for the carriage of passengers, unless there be then and there
displayed in a conspicuous place in the interior of the taxicab, original or duplicate
facsimile of the taxicab driver's license, issued by the City of La Porte pursuant to the
provisions of this article.
Sec. 1.7 Identification of vehicles.
Every holder of a permit granted under the terms of this article shall have and keep
visibly displayed a sticker attached to the rear window with the words, "City of La Porte
Taxicab Permit No. ", conspicuously displayed.
Sec. 1.8 Property left in vehicle; disposition
All drivers of taxicabs shall promptly deliver to the police department of the city or
to their employers all property left in the vehicles by passengers. If a driver delivers the
articles to his employer, the latter shall deliver them to the police department. When
articles left in taxicabs have been delivered to the office of the Chief of Police, he shall
make an entry of the fact in a book provided for that purpose and shall keep all the
articles until claimed by the owner, or until disposed of in accordance with State law...
Sec. 1.9 City officers, employees not to accept favors from owners or drivers.
It shall be unlawful for any officer or employee of the city to accept directly or
indirectly any gifts, discounts or gratuities from any holder of a taxicab franchise or any
taxicab driver or from any person engaged in the repair of taxicabs.
Sec. 1.10 Maximum seating.
It shall be unlawful for any person engaged in the taxicab business to overcrowd
the taxicab and thereby endanger the passengers carried therein; the term "overcrowd"
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. It shall be unlawful in any event from more than one (1)
passenger to ride in the front seat of the taxicab with the driver.
Sec. 1.11 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.
3
e
e
Sec. 1.12 Parking.
(a) All taxicabs shall be subject to the sections of this Code, articles of the city and
state law concerning parking of motor vehicles.
(b) No taxicab shall be parked at any time on any public street or alley except for
the purpose of loading and unloading passengers.
Sec. 1.13 Same - 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, or to have an open container of any
alcoholic beverage of any kind.
Sec. 1.14 Cruising prohibited.
The practice of cruising a taxicab upon the streets of the city for the solicitation of
passengers is hereby prohibited.
DIVISION 2. OWNER'S PERMIT
Sec. 2.1 Required
It shall be unlawful for the owner of any taxicab to operate the taxicab on any
street within the city without first obtaining from the City Secretary of the city a permit
authorizing the operation thereof.
Sec. 2.2 Qualifications of applicants.
To be entitled to the permit required by the provisions of this division, the applicant
therefor must have the following qualifications: He must be a citizen of the United States,
over eighteen (18) years of age, and must have a permanent base of operation the city
limits of the City of La Porte. He must be the owner of the vehicle or vehicles for which
the license is sought and he must be a sober, reliable and trustworthy person for the
operation of an automobile for hire.
Sec. 2.3 Application; contents; fingerprints.
(a) Prior to issuance of any permit under the provisions of this division, the owner
shall make written application to the City Secretary stating:
(1) His name;
(2) Place of residence for the preceding two (2) years;
(3) Sex;
(4) Age;
(5) Customary occupation;
4
e
e
(6) A statement that all city, state, county and school taxes are current on his
real and personal property located or to be operated within the City of La
Porte;
(7) The number of taxicabs which he then operates or proposes to operate in
the city;
(8) The names, addresses, Texas driver's license numbers and City of La Porte
taxicab license numbers of each of his employee taxi drivers, together with
a copy of the make, motor number, license number, model number and
registration number of each vehicle proposed to be operated under such
permit;
(9) The stands at which the taxicab will remain within not in actual service;
(10) A description of the vehicle for which the permit is sought, stating the name,
make, motor number and license number of the vehicle.
(11) A description of the taxi meter to be provided for the taxicab, together with a
certificate of calibration showing that such taxi meter was calibrated within
the thirty (30) day period immediately preceding the application or renewal
of such application for the taxicab permit, and that such taxi meter is in
good working order.
(12) A statement by the applicant, verified by the City of La Porte, that the
applicant has not been convicted of a felony for the ten (10) years
preceding the filing of the application, and that the applicant has not
committed a crime involving moral turpitude for said ten-year period.
(b) Each applicant must have his fingerprints taken by the police department of
the city at the time of submission of the application.
(c) The initial application shall be accompanied by a non-refundable license fee
of $50.00 per vehicle to cover the expense of processing the application. Subsequent
renewal applications for the same taxicab shall not be subject to the $50.00 per vehicle
application fee.
Sec. 2.4 Action on Application-City Approval & Renewal
Upon receipt of a satisfactory application, the City shall cause an investigation of
the applicant to be made as it deems necessary. The investigation shall be completed as
soon as practicable but in no event later than ten (10) working days after receipt of
original application.
If, as a result of such investigation, the applicant's qualifications are found to be
unsatisfactory, the City shall endorse its disapproval upon the application and the reasons
for same, and cause said application to be denied.
If, as a result of such investigation, the applicant's qualifications are found to be
satisfactory, the City shall endorse same on the application and approve the application.
5
e
e
An applicant who is denied a taxicab permit shall have the right to appeal to the
City Council within ten (10) days from the date of denial of the permit. The appeal shall
be perfected by a letter address to the City Secretary stating than an appeal from the
decision of the City of La Porte is desired. City Council, as soon a practicable after
receiving such notice of appeal from the findings of the City, and after hearing on such
appeal, shall sustain, modify, or reverse the findings made by the City and shall notify the
Applicant of its findings. Findings of the City Council shall be final.
Sec. 2.5 Fee for taxicab permit
(a) The fee for a taxicab permit issued by the City of La Porte shall be $100.00
per annum for each taxicab licensed. Such fees shall be collected by the City Secretary
prior to the issuance of the taxicab permit. Permits issued are issued on a calendar year
basis, becoming effective January 1 of the year in which issued, and continuing in effect
until December 31 of said licensed year, unless revoked as provided in this article. If an
applicant for a taxicab permit seeks a permit in the middle of a calendar year, said permit,
within and if issued, shall be effective from the date of issuance until December 31 of the
calendar year in which the permit is issued. The fee for said taxicab permit issued during
a calendar year shall be pro-rated.
(b) Failure of an owner to pay the permit fee shall render the permit canceled
immediately, without further notice to the permit holder. Payment of any of the fees
required under the terms hereof shall not bar a prosecution for violations of the terms of
this article.
Sec. 2.6 Temporary vehicle permits.
Whenever a taxicab shall become inoperative, the owner may apply to the City
Secretary or his duly designated representative, for a temporary permit to operate another
vehicle during the time that the authorized taxicab shall remain inoperative. The City
Secretary or his duly designated representative, upon the presentation of the application
and a certificate evidencing an inspection of the vehicle, as well as the vehicle's
compliance with all applicable provisions of this article, shall issue a temporary permit for
any period not to exceed thirty (30) days. All other provisions of this code relate to the
operation of taxis operating under temporary permits, as well as annual permits.
Sec. 2.7 Assignment.
No permit issued under the provisions of this article shall be sold, assigned,
transferred, pledged or let without the written approval of the City Secretary or his duly
designated representative, and then only upon a showing that the transferee, assignee,
or buyer is in full compliance with the provisions of this article. In no event shall a permit
be sold, assigned, transferred, pledged or let except upon full compliance by the
purchaser with the terms of this article.
Sec.2.8 Expiration and revocation.
It is the duty of the holder of any permit issued under this Article to keep said
permit current, and likewise to keep application required in section 2.3 current. Failure of
the owner of a taxicab for which a permit has been issued to use the vehicle for a period
in excess of sixty (60) days shall automatically render the same null and void. The
owner's permit authorized under the provisions of this division is a privilege and not a right
6
e
e
and may be revoked by the City Council for the violation of any applicable provision of this
Code, state law or city article, rule or regulation, or whenever, in its discretion, deems the
revocation best for the welfare, safety and protection of the lives, property and happiness
of the citizens of the city. Any permit issued under the provisions of this article shall be
non-assumable. No vested, irrevocable right is conferred upon issuance thereof by virtue
of such issuance only.
DIVISION 3. DRIVER'S LICENSE
Sec. 3.1 Required.
It shall be unlawful for any person to drive a taxicab within thE~ corporate limits of
the city without first obtaining a license therefor from the City Secretary.
Sec. 3.2 Qualifications and conduct of drivers.
No license shall be issued under the provisions of this division to any applicant
unless he is trustworthy, sober, competent to operate a taxicab, of good moral character
and unless his physical and mental faculties enable him to fully perform all of the duties
incident to driving a public vehicle with maximum safety. No license shall be issued to
any person who has been convicted of an offense against the criminal laws of the United
States or against the criminal laws of the United States which involves moral turpitude or
driving while intoxicated for the last 10 years, and the license of any person authorized to
drive a taxicab shall be subject to cancellation at any time atter the conviction. No person
shall drive any taxicab within the corporate limits of the city unless hE~ shall be free from
communicable disease.
It shall be the duty of each taxicab driver to be hygienically clean, well groomed,
neat, and suitably dressed in compliance with all applicable requirements of the section at
all times while a taxicab is in his or her custody.
Male drivers shall be clean shaven and hair shall be neatly trimmed. If a beard or
mustache is worn, it shall be well groomed and neatly trimmed at all times in order not to
present a ragged appearance.
The term "suitably dressed" shall be interpreted to mean the driver, if male, shall
wear trousers, a shirt with a collar, with or without a tie, shoes, and, if desired, appropriate
outer garments.
The term "suitably dressed" shall be interpreted to mean the driver, if female, shall
wear skirts, trousers, slacks, a shirt with collars or a blouse, shoes, and, if desired,
appropriate outer garments.
Clothing that is not considered appropriate and is not permittE!d when the driver,
male or female, is in charge of a licensed taxicab includes: T-shirts, underwear, tank
tops, body shirts, swim wear, jogging suits, or similar types of attire when worn as an
outer garment, shorts or trunks Gogging or bathing), or sandals.
7
e
e
Sec. 3.3 Application-Contents.
Any person desiring to secure a license required under thE! provisions of this
division shall file with the City Secretary a written application stating:
(1) The name, age, place of residence and occupation of the applicant;
(2) Social Security number of each applicant.
(3) The ownership of each vehicle for which a license to drive is desired, with a
brief identifying description of the vehicle;
(4) The number of the applicant's Texas driver's license;
(5) The name and address of the owner of the taxicab he will drive;
(6) A statement of whether the applicant has been charged with a violation of
any provision of this Code, state law or other article of the city and, if so, the
time, place and nature of each violation; and
(7) Copy of insurance policies covering the taxicab, as required by law.
(8) A copy of the applicant's driving record, together with a copy of the
applicant's criminal history for the last ten (10) years.
It shall be the responsibility of the applicant to keep all information required in the
application current for the duration of the taxicab license. Likewise, it shall be the
responsibility of the applicant to update said information at all times.
Sec. 3.4 Fee for taxicab drivers license
The fee for a taxicab drivers license issued by the City of La Porte shall be ten
dollars ($10.00) per annum for each taxicab drivers license. Such fees shall be collected
by the City Secretary prior to the issuance of the taxicab drivers license. The taxicab
drivers license is issued on a calendar year basis, becoming effective January 1 of the
year in which issued, and continuing in effect until December 31 of said licensed year,
unless revoked as provided in this article.
Sec. 3.5 Same-False statements.
It shall be unlawful for any person to knowingly and willfully make any false
statement in his application for a license required by the provisions of this division.
Sec. 3.6 State license required.
No license shall be issued under the provisions of this division unless the applicant
therefor has first had and obtained a valid Texas driver's license from the state.
Sec. 3.7 Issuance.
If the applicant for a license to be issued under the provisions of this division has
complied with all provisions hereof and if the City Secretary determines that the applicant
8
e
e
is qualified to operate a taxicab within the city, he shall issue the applicant a license
therefor.
Sec. 3.8 Expiration.
Every license issued under the provisions of this division shall expire at the end of
the calendar year next following the date of issue.
Sec. 3.9 Revocation.
The license authorized under the provisions of this division is a privilege and not a
right and may be revoked by the city council for the violation of any applicable provision of
this Code, state law or city article, rule or regulation, or within, in its discretion, deems the
revocation best for the welfare, safety and protection of the lives, property and happiness
of the citizens of the city.
DIVISION 4. LIABILITY INSURANCE
No taxicab shall be permitted to operate at any time upon the streets of the City of
La Porte unless that taxicab is covered by insurance in accordance with the provisions of
this article. Any taxicab without insurance is hereby declared to be unlicensed for
operation by the City of La Porte.
Sec. 4.1 Required; approval; etc.
Before any permit shall be issued under Division 2 of this article to any owner of a
taxicab, or before any renewal of a permit shall be granted, the OWnE~r 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 or his designated representative, and executed
by an insurance 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 the permit. Said
insurance policies shall name the City of La Porte as an additional named insured, and
said policies shall provide for prior notice of cancellation to the City of La Porte as
provided in this Division.
Sec. 4.2 Minimum amount of coverage.
(a) The maximum amount of recovery in a policy of insurance required by this
article shall not be less than the following sums:
(1 )
For the injury or death of anyone (1) person in anyone (1) accident,
$20,000.00.
(2)
(3)
For total liability in anyone (1) accident or personal injuries or death,
$40,000.00.
For injury or destruction of property in anyone (1) accident, $15,000.00.
(b) 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.
9
e
e
Sec. 4.3 Persons protected.
The public liability insurance required by this division 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.
Sec. 4.4 Provision for continuing liability.
All policies of public liability insurance required by this division shall contain a
provision for a continuing liability thereon up to the full amount thereof, notwithstanding
any recovery thereon.
Sec. 4.5 Cancellation.
(a) If any insurer desires to be released from any insurance filed under this
division, it may give written notice of the desire to the City Secretary at least thirty (30)
days before it desires its liability released, and the City Secretary shall thereupon give
written notice, by personal delivery or by mail, to the insured and demand that he furnish
new assurance by the expiration of the thirty day period above provided for, and shall
discharge the first insurer from any liability which shall accrue after the time of approval of
the new policy, or shall discharge the first insurer after the expiration of the thirty day
period.
(b) If any policy is so canceled 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.
Sec. 4.6 City not liable for solvency of insurer; owner's liability Inot 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 division, or in a any
manner become liable for any sum on account of any claim or act or omission relating to
the insured vehicle, nor shall the liability of the owner of any vehicle be in any manner
limed or changed by reason of the provisions of this division, 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.
DIVISION 5. REGULATION OF FEES TO BE CHARGED BY TAXICABS
Sec. 5.1 Daily manifest.
Every driver of a taxicab shall maintain a daily manifest upon which is recorded all
trips made each day, showing the time and place of origin and destination of each trip,
number of passengers, the amount of fare, and 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
10
e
.
the owner to furnish the forms for such manifest record and to see that such manifest is
kept daily by each driver.
Sec. 5.2 Taxi meters.
All taxicabs operating upon the streets in the city shall be installed and equipped
with taximeters which said taximeters shall be in good working order and subject to
inspection at any and all reasonable times by the City of La Porte. It shall be the
responsibility of the owner of the taxicab to provide to the City of La Porte a certificate
containing the information required in Section 2.3(a)(11).
Sec. 5.3 Passengers must pay for use of cabs.
It shall be unlawful for any passenger to refuse to pay the legal fare due from him
for the use of any taxicab after having hired the same. Any person who hires any taxicab
with the intent to defraud the person from whom it is hired, and after using the same, fails
or refuses to pay the taxicab fare due him shall be guilty of a misdemeanor.
Sec. 5.4 Terminals and sub-terminals
(a) Every operator of a taxicab shall maintain within the city limits a terminal or
terminals of sufficient size to accommodate all of the owner's taxicabs. Every operator
shall maintain twenty-four (24) hour per day public telephone service at not less than one
of such terminals. Sub-terminals at hotels, depots and other places shall be pre-
approved by the City of La Porte.
(b) The drivers of taxicabs using sub-terminals shall remain seated in their
vehicles at all times while such vehicle is at a sub-terminal. However, such drivers may
leave their vehicles when actually necessary to assist passengers to enter or leave same,
or in any case of accident, necessity or emergency beyond the control of the driver.
(c) The form and type of a terminal shall be of such a nature that affords a safe,
sanitary and lawful operation of transportation by the taxicabs at said terminal shall be in
compliance with all codes and ordinances of the City of La Porte. The site, location and
type of proposed buildings and the sanitary conditions of the terminal shall be reflected in
the application.
Sec. 5.5 Fares.
(a) The City Council shall have the right to change or establish the rates and fares
to be charges by taxicabs in the city at any time it deems necessary by ordinance. Until
otherwise changed by the City Council, the following taxicab rates and fares shall be
effective 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 one and a half dollars ($1.50)
initial fare and thirty cents ($.30) for each one-fifth (1/5) mile.
(2) Waiting time consumed by the taxicab at the instance of the
passengers shall be at the rate of Fourteen Dollars ($14.00) per hour. Waiting
time shall be registered on the taxicab's meter with the selector lever in the time
position.
11
.
.
(3) In the event two (2) or more passengers are going to the same
destination, the driver shall collect only one fare as recorded on the taximeter. If
the passengers are going to different destinations, the driver shall clear his meter
at the first destination and charge the first passenger the amount recorded on the
taximeter, and proceed to the next destination as though it were a completely new
trip. Other destinations shall be treated likewise.
(b) No taxicab shall be operated 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 licensee to have the taximeter in each
taxicab inspected during the thirty day period immediately preceding the application for
taxicab permit and to provide written proof that each taximeter is in good working order
and free from mechanical defects. The city shall have the right to inspect the taximeter
any time it so desires.
Sec. 5.6 Misdemeal1lor to overcharge.
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 and/or
the rate shown on the meter, freewill tips excepted.
Sec. 5.7 Penalties.
Each violation of this chapter shall constitute a separate offensE~ and shall each be
punishable as a Class C Misdemeanor.
SECTION 2. The City Council officially finds, determines, recites and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of the
City Council is posted at a place convenient to the public at the City Hall of the city
for the time required by law preceding this meeting, as required by the Chapter
551, Tx. Gov't Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject matter thereof has
been discussed, considered and formally acted upon. The City Council further
ratifies, approves and confirms such written notice and the contents and posting
thereof.
SECTION 3. This Ordinance shall be effective fourteen (14) days after its passage
and approval. The City Secretary shall give notice of the passage of this ordinance
by causing the caption hereof to be published in the official newspaper of the City
of La Porte at least twice within ten (10) days after the passage of this ordinance.
SECTION 4, If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid,
such invalidity shall not affect the remaining portions of this ordinance, and it is
hereby declared to be the intention of this City Council to have passed each
section, sentence, phrase or clause, or part thereof, irrespective of the fact that any
other section, sentence, phrase or clause, or part thereof, may be declared invalid.
12
.
.
SECTION 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who
shall violate any provision of the ordinance, shall be deemed guilty of a
misdemeanor and upon conviction shall be punished by a fine not to exceed FIVE
HUNDRED DOLLARS ($500.00).
PASSED AND APPROVED this the23rdday of September .,1996
CITY OF LA PORTE
BY~~ ~
. MAN. MAU N~AYOR
ATTEST:
L~~
Sue Lenes, City Secretary
13
--~- '.-'.- ...: ..-...,..:---.~... :-:':'-'''''' :.:-;;:"i'::-::---7~'.-';;"'; .,'--
: ."'~I..~' :...:>~ '(:l'.:g. }t:'.;~.."i!....,~.c.t'~";;j.t ~.' ," ~~.;,,'I.~r'.;.!.a.. ..:~. ot.:........ ,". ..
'.y",. . . ".~ -.I,.. ....;.:a.... .~, '". ~:':." /':" '..; .' . .. '. ." . . ; I '.,
,...:'.~~~y.'.S~Yr;E~~R 2~,. ~996'~,T~i~AYSHORE .SUN':~~AGF. 7
. .' . _" : '" 8'" " .", _-....:.:..-___._.... __.
~ ." .~,. . ".;',: :P.l:JBLlC'NOTICE':'--:: - ,~__
.~. ' ~~',::;:'- :;'j;7~'::'~;....:::':;;'i)~";:\'~ \(~"j';: '>.~',
.....~.' l;":~ROIF:-JANCE;:Nq;;96~213~':'.'::!. ' I
'0. ... ~\..; '1. "Jh ~;'.'..) . .'~~ ~ ',.t:t".~, \ ':'~I"~,' 01",'
~ .Ji.N ibFII5iI\rAAeE':M4~NDiN~ CHARTitR;
:: ~~~,Of tJ;l~;CQ..d9\9f,:9F\DINANP,ES.'OR
I' THE CITY.OF.[AP.ORTE.',.~"TAXICABS..
,J REGO~TIi--JG.: tAXic~s's~i P,ROVIDING
':l:~At, ':ANY.~~P.ERSO~t~~I.OLATING. :.rfje;
" TEF:lMs'bF;:i'Ars t)Rjj(N.ANCE'SHALC'~E~
,; .R~~~~Q,.'G.l;I!~~C;>~!S,Ml~.DE~!;~~Q~'
, AND"UPON' CONVICTIOWSHAL:l.:. BE
. FINED 'IN.A:SUM NOT TO 'EXCEED FIVE'
'. ~Y~D~~D". DOLLAR~;~P.F.loi,ziDI,NG.' ,A
S!;VERABILlTY.,. "CbJ\USE;~\, FINDING
i; CQMP.lto\r-,iCE~';}'YJrl:f '!:..1:'HE; ).OP.EN
; ~ ~5.~I~GS; ~W;!~~P!.F.?ROY!l?lNG::'At-l
:'lEF.FECTIVE'DATE'HEREOF; :":'. ..,. ....
.~,;t.~ ; . '.,..:..,. ,':; S...::,.;,>,! '~~",..' '.
"ICITY'OF'L:A'PORTE~:, . " lir'; _, ..,. "
."j .,l...., ~..... . '.:'''- ," ~ . . ~, .
"slNorman L. Malone ," ,
. ': ;.. ,
ATTEST:
,stSue Lenes
City Secretary
I APPROVED:
stJohn D. Armstrong .
. Assistant City Attorney
h;-::~.~~~~..~,: -. ;'" r' ::: :.<,,~:y. ~-:;~: ~),'~" <..: ,~~, .~ ,;;'-~,"T" :~" ::-~'7', "A." -
:'.WED~.~i>AY~.8E~'2:S9.~I;~~'B~YS~6RE'St~:..E 'r
. .... "'''~~-:'''l''~~'',,~~,:';'~' . ":". ...::.,.. .......'" '.j: ..
::;?j~'~i~-q7.,((C;)';;~~9~:''(1'f.1.f;i;~f~~;r7t::
I....;.'.,,::.:: f,',"'~P.OB~IC.NOtICE.1";"Y;; ~"%f ~ ',.!;
t;.>..L,~.~~ ~; ',';1{~~..: ~~ ;;,;' \;,~...:.}:~~t:;1~~~ ..:..:,..,:~..:~.: :":'?;
;:~:~,;~i{~ORbi'NANcElr.ie'. '9'6d2135~~'~. ,~.~
. ,:", '..,,:. '.:";;'':''~'",'.~~t.!~''<'~:;,;''' ,t'\!~':r,. .-:l:I~
. . ." . ~ ~ "".;:"~.I~ ..!J.:....I...";.~L 'k:.'..tw .)"'".:. .....:.~
'A~ 9~qlt-i~N9~'~~E;.~Ol~~pft.A.er.I;F,t~
l'24<OF:rtll; CODEI0f;C;>~DIN'.'~P.ES..0~,
'!THE~CITY>OF.'l.A"'P(jRTEfi~TAXic'ABS.;',
.REGU~TiNG'~ TAXI<::A,.BS;I.PRQVIDING(.
'f8AT."ANY'; PE'Rsq~n/l.()~tING! THE:
; TERMS OF"THIS:OflDINANC,E,~HAI.L,BEi
. DEEMED GUILTY 9F. A MISDI;MENJOR
ANI)" UPON CONVICTION SHALL'BE.
. FINED IN A SUM' NOT TO E>.cCEED'FIVE,
HUNDRED' DOL~RS;' :'PROVIDING . A'
SEVERABILITY. CLAUSE;.. FINDING'
COMPLIANCE ;~WITH "THE', OPEN
MEETINGS LAW; AND PROVlpING'AN-
EFFECTIVE DATE HEREO.F. .: _ ...;i~1'(
~ITY OF LA PORTE', ". ~_. .. ~
! slNorman t;.'M8Idhe,:I'i ;::~..:H1J:~,;, t.;,:.':..
,f~;~~~~i.~:~i
S7John D,lAi"mstrong .: . '. '. .', ' ' .
~l!~tqity.Att~" <-1~~~,~,'r~:!.~~~:t~
.~ ~""''''';'''l '. ", i'!I'ir.- or a'fl.tfJ,...~..:t,
.~ ",..t,.. ...: ,'..l~.~' 1i'",;j'..r('~r~~1"f4,~/~:1~.''',.~ it~
~. ~:jJ.' .:~~:;;~t::h:'~""~~i'~\,:(~'::~f~'~;-!"T