§ 5-6-9. Miscellaneous provisions.

(A)

Issuance of guidelines: The Chief of Police, upon consultation with the city attorney, shall publish and post guidelines relating to the actual practice of the licensing authority pursuant to this chapter and any amendments thereto, at the county courthouse as required by Tex. Occ. Code Ann § 53.051 et seq., as amended.

(B)

City exempt from liability in matters pertaining to taxicabs, limousines, or motorbuses: The City shall not be liable for any sum on account of any claim or on account of any act or omission of any officer of the City in connection with any matter relating to taxicabs, limousines, or motorbuses.

(C)

Restrictions on City officers and employees: 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 operating certificate or any of their drivers or from any person engaged in the repair of vehicles for a holder of an operating certificate.

(D)

Police department charged with enforcement: The City's police department shall be the City department primarily responsible for the enforcement of the provisions of this chapter.

(E)

The City may also enforce the provisions of this article in any of the following ways:

1.

A warning may be given by the Chief of Police, or designee of the Chief of Police, to the operator and/or driver concerning any violation. Warnings may form the basis for the use of more serious sanctions if any additional violations are accumulated;

2.

City may prosecute any violations through the municipal court and violations are subject to a fine up to $500.00 for any offense;

3.

The Chief of Police may suspend operations by the operator of the franchise or any driver or any permitted vehicle for any violation of this article;

4.

The City Council may terminate the operating certificate;

5.

City may enforce the provisions of this article by means of any civil judicial remedies of law or equity in the county or district court of this state.

(F)

Procedure for denial, suspension or termination of a driver certification or vehicle permit or a franchise: In the event that the Chief of Police finds that a taxicab, limousine, or motorbus driver certification or vehicle permit should be denied, suspended or terminated, the Chief of Police shall provide notice to the operator or driver and provide an opportunity for that person a defense prior to ordering a denial or suspension or termination, except in cases of emergency involving public safety, in which event such due process shall be afforded subsequent to the suspension or termination. The person shall have a right to appeal to the City Manager, if such appeal is filed in writing within ten days of the order of denial, suspension or termination, or the expiration of 30 days without a ruling, and such appeal shall stay or abate the suspension or terminating until the City Manager makes a final determination, except in cases of emergency as declared by the Chief of Police when it is a matter of public safety. In the event the Chief of Police or city manager fails to take action within 30 days, the requested action shall be considered to be denied by the applicable Chief of Police or city manager. All hearings shall be informal, providing the operation or driver with notice and an opportunity to present to the Chief of Police, or city manager the reasons or evidence in defense. In the event the City files a compliant in the municipal court, or a petition in any other court, and the defendant is afforded due process by the court, the procedure and due process provided herein for administrative review shall not be applicable. After denial, suspension or revocation of the driver certification or vehicle permit by the city manager, the person may seek prompt judicial review of such final administrative action in any court of competent jurisdiction. An appeal to the appropriate court must be filed within 21 days after the final decision by the city manager. The determination by the court shall be based on the substantial evidence rule. For purposes of this section, "day" means calendar day. The above described procedures and regulations regarding notice, hearing and appeal shall also apply regarding the termination or suspension of the operator's franchise prior to the end of the term of the franchise with the original hearing to be before the City Council and any appeal to be court based on the substantial evidence rule.

(Ord. No. 9577 , § 9, 6-28-2016)