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Fort Worth, TX Code of Ordinances
FORT WORTH, TEXAS CODE OF ORDINANCES
OFFICIALS of the CITY OF FORT WORTH, TEXAS
PART I: THE CHARTER OF THE CITY OF FORT WORTH
PART II: CITY CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: ADMINISTRATION
CHAPTER 2.5: RETIREMENT
CHAPTER 3: AIRPORTS AND AIRCRAFT
CHAPTER 4: ALCOHOLIC BEVERAGES
CHAPTER 5: AMBULANCES/EMERGENCY MEDICAL SERVICES
CHAPTER 6: ANIMALS AND FOWL
CHAPTER 7: BUILDINGS
CHAPTER 8: CABLE COMMUNICATION SERVICE
CHAPTER 9: COMMUNITY FACILITIES AGREEMENTS
CHAPTER 10: COURTS
CHAPTER 11: ELECTRICITY
CHAPTER 11.5: EMERGENCY MANAGEMENT
CHAPTER 12: EMERGENCY REPORTING EQUIPMENT AND PROCEDURES
CHAPTER 12.5: ENVIRONMENTAL PROTECTION AND COMPLIANCE
CHAPTER 13: FIRE PREVENTION AND PROTECTION
CHAPTER 14: RESERVED
CHAPTER 15: GAS
CHAPTER 16: HEALTH AND SANITATION
CHAPTER 17: HUMAN RELATIONS
CHAPTER 18: LAKE WORTH
CHAPTER 19: LIBRARIES
CHAPTER 20: LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS
CHAPTER 21: RESERVED
CHAPTER 22: MOTOR VEHICLES AND TRAFFIC
CHAPTER 23: OFFENSES AND MISCELLANEOUS PROVISIONS
CHAPTER 24: PARK AND RECREATION
CHAPTER 25: RESERVED
CHAPTER 26: PLUMBING
CHAPTER 27: POLICE
CHAPTER 28: PUBLIC UTILITIES
CHAPTER 29: SIGNS
CHAPTER 29.5: SMOKING
CHAPTER 30: STREETS AND SIDEWALKS
CHAPTER 31: SUBDIVISION ORDINANCE
CHAPTER 32: TAXATION
CHAPTER 33: TREES, SHRUBS, ETC.
CHAPTER 34: VEHICLES FOR HIRE
CHAPTER 35: WATER AND SEWERS
CHAPTER 36: RESERVED
APPENDIX A: ZONING REGULATIONS
APPENDIX B: CODE COMPLIANCE
APPENDIX C: RESERVED
CODE COMPARATIVE TABLE
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§ 34-202 OPERATING LICENSES.
   (a)   It shall be unlawful for a person to drive or operate a vehicle for hire in the corporate limits of the city unless the driver and vehicle for hire are operating under a valid operating license.
   (b)   It shall be unlawful for a person to employ, permit or allow another to drive, operate or cause to be operated any vehicle for hire in the corporate limits of the city unless that person is a licensee in possession of a valid operating license.
   (c)   Any person desiring to operate a vehicle for hire service in the corporate limits of the city shall submit an application for an operating license on a form provided by the ground transportation coordinator. The applicant must be the person who will own, control, or operate the proposed vehicle for hire service or who will own, control, or operate the digital network or application through which drivers provide the proposed vehicle for hire service. No application shall be considered for approval unless it meets all the requirements of this article. Each application must contain the following:
      (1)   The name and address of the applicant, if a natural person, or, if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers and directors together with their respective business addresses, as well as a copy of the articles of incorporation, the trade name, if any, under which the applicant proposes to operate and the address of the place or places of business from which the applicant proposes to operate;
      (2)   A nonrefundable operating license fee must be submitted with the application; and
      (3)   The compliance certification required by this article.
   (d)   Upon receipt of a completed application for an operating license in compliance with this article and payment of the required fee, the ground transportation coordinator shall issue an operating license to the applicant, unless the applicant is prohibited by this article from receiving an operating license.
   (e)   Except as provided in § 34-213, an operating license shall commence on the date of issuance and shall expire two years from the date of issuance. A licensee shall apply for a new operating license at least 30 days prior to the expiration date of the operating license.
(Ord. 22308-06-2016, § 1, passed 6-28-2016, eff. 10-1-2016)
§ 34-203 COMPLIANCE CERTIFICATION.
   (a)   A compliance certification shall be submitted to the ground transportation coordinator with each application for an operating license and one year after the issuance of each operating license.
   (b)   A compliance certification shall contain the following language:
      (1)   I certify that within the past 12 months, the undersigned has conducted a national criminal background and driver's license check on each driver who will operate a vehicle for hire under the operating license to verify that the driver meets the qualifications in Chapter 34, Article VI, of the city code.
      (2)   I certify that the undersigned will conduct a national criminal background and driver's license check before allowing any new driver to operate a vehicle for hire under the operating license who has become associated with the undersigned since the last compliance certification to verify that the driver meets the qualifications in Chapter 34, Article VI, of the city code.
      (3)   I certify that the undersigned shall not allow any person to operate a vehicle for hire under the operating license if the person does not meet the qualifications in Chapter 34, Article VI, of the city code.
      (4)   I certify that within the past 60 days, the undersigned has verified that all vehicles that will operate as a vehicle for hire under the operating license are covered by an insurance policy that meets the requirements of Chapter 34, Article VI, of the city code and comply with the vehicle inspection and emission testing requirements of the State of Texas.
      (5)   I certify that before allowing any new vehicle to operate as a vehicle for hire under the operating license that has become associated with the undersigned since the last compliance certification, the undersigned shall verify that the vehicle is covered by an insurance policy that meets the requirements of Chapter 34, Article VI, of the city code and complies with the vehicle inspection and emission testing requirements of the State of Texas.
      (6)   I certify that the undersigned shall not allow any vehicle to operate as a vehicle for hire under the operating license if the vehicle is not covered by an insurance policy that meets the requirements of Chapter 34, Article VI, of the city code, or the vehicle does not comply with the vehicle inspection and emission testing requirements of the State of Texas.
      (7)   I hereby certify that the undersigned shall comply with all requirements of Chapter 34, Article VI, of the city code and federal, state and municipal laws in providing vehicle for hire services in the corporate limits of the city.
   (c)   A licensee commits an offense and the operating license is subject to revocation in accordance with the provisions of this article if the licensee knowingly fails to submit a compliance certification to the ground transportation coordinator one year after the issuance of an operating license.
(Ord. 22308-06-2016, § 1, passed 6-28-2016, eff. 10-1-2016; Ord. 22489-11-2016, § 1, passed 11-1-2016, eff. 11-4-2016)
§ 34-204 REVOCATION OF OPERATING LICENSE.
   (a)   Prior to revocation of an operating license, the director shall send the licensee written notice of any violation by certified mail, return receipt requested. A licensee shall have 30 days from receipt of a written notice of a violation to provide written proof to the director that the licensee did not violate this article as set forth in subsection (b). Failure of the licensee to submit a written response to the director as required by this subsection shall result in revocation of the operating license.
   (b)   The director shall have the authority to revoke a licensee's operating licensee if a licensee:
      (1)   Fails to submit a compliance certification as required by this article;
      (2)   Fails to perform a national background check and driver's license check as required by this article;
      (3)   Fails to verify that a vehicle is covered by an insurance policy and meets the state requirements for vehicle inspection and emission testing as required by this article; or
      (4)   Knowingly allows a driver or vehicle to operate in violation of this article.
   (c)   An operating license that is revoked shall be of no force and effect from and after the date of revocation.
   (d)   A licensee whose operating license is revoked in accordance with this article will not be granted an operating license before the expiration of 24 months from the date of revocation.
   (e)   A business entity that has substantially similar ownership to a licensee whose operating license has been revoked in accordance with this article, will not be granted an operating license before the expiration of 24 months from the date of revocation.
(Ord. 22308-06-2016, § 1, passed 6-28-2016, eff. 10-1-2016)
§ 34-205 FEES.
   (a)   The city council shall adopt a schedule of fees applicable to this article which shall be on file in city secretary's office.
   (b)   Each licensee shall pay the operating license fee as approved by city council before the issuance of an operating license. Fees may be pro-rated for any partial period for which an operating license is issued. The ground transportation coordinator shall provide each licensee with written notice of the due date for any pro-rated fees. A licensee shall pay the pro-rated fees by the due date.
(Ord. 22308-06-2016, § 1, passed 6-28-2016, eff. 10-1-2016)
§ 34-206 COMPLIANCE WITH FEDERAL, STATE AND MUNICIPAL LAW.
   Licensees and drivers shall comply with all federal, state and municipal laws while providing vehicle for hire services.
(Ord. 22308-06-2016, § 1, passed 6-28-2016, eff. 10-1-2016)
§ 34-207 INSURANCE REQUIREMENTS.
   (a)   Vehicles for hire that are subject to Chapter 1954 of the Tex. Insurance Code must comply with the requirements of that chapter at all times.
   (b)   Vehicles for hire that are not subject to Chapter 1954 of the Tex. Insurance Code must provide and maintain at all times insurance coverage that meets the minimum requirements of Chapter 1954 of the Tex. Insurance Code, or the requirements set forth in subsection (c).
   (c)   A vehicle for hire that is not subject to Chapter 1954 of the Tex. Insurance Code or elects to not maintain the insurance coverage meeting the requirements of Chapter 1954 of the Tex. Insurance Code, shall have in force, 24 hours, seven days a week the amount and character of insurance coverage for vehicles for hire as required by this subsection.
      (1)   The minimum insurance required under this subsection must:
         a.   Be obtained from a carrier that is admitted and licensed to transact insurance in the State of Texas or an eligible surplus lines insurer authorized under the laws of the State of Texas;
         b.   Be written on an occurrence basis;
         c.   Cover the vehicle for hire and any driver of the vehicle for hire;
         d.   Name the City of Fort Worth as an additional primary insured;
         e.   Provide minimum coverage in an amount no less than $500,000 combined single limit liability (CSL) per occurrence;
         f.   Provide that all claims will be paid on a first dollar basis by the insurance provider;
         g.   Not be obtained from an assigned risk pool; and
         h.   Not contain policy exclusions that would change or limit coverage for passengers entering or exiting the vehicle.
      (2)   All liability insurance coverage must include a rider that provides that at all levels of coverage there must be notification to the city in writing not less than 30 days before canceling or making a material change in the policy.
      (3)   A driver or licensee of a vehicle for hire shall not have operational control in any insurance company providing coverage to a vehicle for hire utilized by the driver or licensee.
(Ord. 22308-06-2016, § 1, passed 6-28-2016, eff. 10-1-2016)
§ 34-208 DRIVER QUALIFICATIONS.
   (a)   To qualify as a driver, a person must:
      (1)   Hold a valid driver's license or operator's license issued by any state of the United States, Washington D.C., or any territory of the United States;
      (2)   Not be under indictment, have charges pending, have been convicted, or have been placed on probation or deferred adjudication for the following offenses:
         a.   Criminal homicide as described in Tex. Penal Code Chapter 19;
         b.   Aggravated kidnapping as described in Tex. Penal Code § 20.04;
         c.   An offense involving trafficking of persons as described in Tex. Penal Code Chapter 20A;
         d.   Continuous sexual abuse of a young child or children as described in Tex. Penal Code § 21.02;
         e.   Indecency with a child as described in Tex. Penal Code § 21.11;
         f.   Improper relationship between educator and student as described in Tex. Penal Code § 21.12;
         g.   Sexual assault as described in Tex. Penal Code § 22.011;
         h.   Aggravated sexual assault as described in Tex. Penal Code § 22.021;
         i.   Sale or purchase of a child as described in Tex. Penal Code § 25.08;
         j.   Aggravated robbery as described in Tex. Penal Code § 29.03;
         k.   Sexual performance by a child as described in Tex. Penal Code § 43.25;
         l.   Employment harmful to children as described in Tex. Penal Code § 43.251;
         m.   Possession or promotion of child pornography as described in Tex. Penal Code § 43.26;
         n.   Electronic transmission of certain visual material depicting a minor as described in Tex. Penal Code § 43.261;
         o.   Intoxication manslaughter as described in Tex. Penal Code § 49.08;
         p.   Criminal attempt, solicitation, or conspiracy to commit any offense described in subsections (a)(2)a. through (a)(2)o.; and
         q.   An offense under the laws of another state, federal law or another country in which the elements of the offense under the laws of that state, federal law or country are substantially similar to the elements of an offense listed in subsections (a)(2)a. through (a)(2)p.;
      (3)   Except as provided by subsection (2), not be under indictment, have charges pending or within the previous seven years have been convicted of, released or discharged from probation, parole or deferred adjudication for any felony offense as defined by the laws of this state, another state, federal law or the law of another country;
      (4)   Except for an offense that is punishable by a fine only, not be under indictment, have charges pending or within the previous three years have been convicted of, released or discharged from probation, parole or deferred adjudication for any misdemeanor offense as defined by the laws of this state, another state, federal law or the laws of another country;
      (5)   Within the previous three years, not have been convicted of or placed on deferred adjudication or deferred disposition for an offense involving the operation of a motor vehicle at a speed exceeding 100 miles per hour;
      (6)   In any ten year period, not have been convicted of or placed on probation or deferred adjudication for three or more offenses in which the elements of the offense involve the operation of a motor vehicle, boat, or aircraft while intoxicated or under the influence of drugs or alcohol;
      (7)   Not be required to register as a sexual offender under the laws of this state, another state, federal law or the laws of another country; and
      (8)   Not have been convicted of, or placed on deferred adjudication or deferred disposition within the previous three years for more than three moving traffic violations arising out of separate transactions within any 12 month period.
   (b)   A driver shall not operate a vehicle for hire for the purpose of providing vehicle for hire services if the driver does not meet the driver qualifications in this section.
   (c)   A licensee shall not intentionally, knowingly or recklessly allow a person to operate a vehicle for hire to provide vehicle for hire services if the person does not meet the driver qualifications in this section.
(Ord. 22308-06-2016, § 1, passed 6-28-2016, eff. 10-1-2016)
§ 34-209 INSPECTION OF RECORDS.
   (a)   The city may make a written request to a licensee to inspect the licensee's records relating to a driver or the licensee if the city receives a complaint or information that a driver or licensee does not meet the requirements of this article.
   (b)   A licensee shall make the requested records available for inspection by the city at a location within the corporate limits of the city, within ten calendar days of the licensee receiving a written request from the city.
(Ord. 22308-06-2016, § 1, passed 6-28-2016, eff. 10-1-2016)
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