Chapter 102. Vehicles for Hire

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.

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 subterminal 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:

(1) Vehicles or motorbuses operating over a fixed or definite route under permit, franchise or license issued by the city or other regulatory authority;

(2) School buses, either private or public;

(3) Church buses;

(4) Authorized emergency vehicles;

(5) Limousines;

(6) Vehicles hired in connection with funeral services;

(7) Any vehicle for hire:

a. Whose route originates outside of the city and passes through the city without discharge or pickup of a passenger; or

b. Whose route is terminated within the city without picking up a passenger; or

(8) Any vehicle operating in furtherance of the city's circulator transit program or successor program.

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.

(Code 1967, § 29-1; Ord. No. 6926, § 1, 2-10-94; Ord. No. 7920, § 1, 3-13-97; Ord. No. 10,811, § 1, 1-24-08)

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.

(Code 1967, § 29-2; Ord. No. 6926, § 1, 2-10-94)

Each violation of this article shall upon conviction be punishable as provided in section 1-14.

(Code 1967, § 29-54; Ord. No. 6926, § 1, 2-10-94)

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.

(Code 1967, § 29-19; Ord. No. 6926, § 1, 2-10-94)

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 license duly issued by the city. It shall be unlawful to drive or operate a taxicab or taxicab service without the license, which is in full force and effect.

(Code 1967, § 29-13; Ord. No. 6926, § 1, 2-10-94)

(a) An application for a license for taxicab service within the city shall be filed with the city clerk on a form provided by the city. An application for renewal of an existing license shall be filed on or before December 30 of each calendar year. Application 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;

(5) If a partnership, the names and addresses of partners;

(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 driving record shall be reviewed for each driver by the city clerk. 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 city clerk for each driver operating a taxicab within the city shall be grounds for revoking the license 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 1¼ inches by 1¼ inches of each driver 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.

(Code 1967, § 29-14(a), (b); Ord. No. 6926, § 1, 2-10-94)

Each application for the license required by this division shall be accompanied by a nonrefundable license fee of $75.00 per vehicle for ten and fewer vehicles and $25.00 for each vehicle thereafter, to cover the expense of carrying out the provisions of this article.

(Code 1967, § 29-14(c); Ord. No. 6926, § 1, 2-10-94; Ord. No. 7920, § 2, 3-13-97)

(a) Any applicant for a license required under this division shall, before the license 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 license a policy of commercial automobile liability insurance, insuring the public against any loss or damage that may result to any person or property from the operation of such vehicle. 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 city clerk shall be given at least 30 days' written notice prior to the date of cancellation before such policy may be cancelled by the insurer for any cause.

(b) In lieu of the insurance required in subsection (a) of this section, an applicant for a license required under this division may provide proof that the applicant has qualified as a self-insurer, as the term is defined in the Texas Motor Vehicle Safety Responsibility Act as now in force or hereafter amended, and has all required limits as mandated by such act.

(c) If the city attorney determines that the commercial automobile liability insurance provided for in subsection (a) of this section or the self-insurance allowed in subsection (b) of this section has become impaired and requires new and additional limits or coverage, the city attorney shall require such additional limits or coverage 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.

(d) If the insurance coverage or limits required in subsections (a) or (b) of this section is cancelled or reduced and no insurance policy or certificate is filed by the owner or taxicab operator before the effective date of such cancellation or the reduction, the license to operate taxicabs granted to such person shall be automatically revoked.

(Code 1967, § 29-18; Ord. No. 6926, § 1, 2-10-94; Ord. No. 7920, § 4, 3-13-97; Ord. No. 9261, § 1, 11-6-01; Ord. No. 10,811, § 2, 1-24-08)

(a) The chief of police shall have the right to inspect all taxicabs licensed or to be licensed under this division 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 license number shall be compared to the numbers listed on the taxicab license application for accuracy;

(4) Each vehicle shall have the proper lettering painted on the door as required by this article;

(5) Each vehicle shall be inspected each year by a person authorized to conduct vehicle safety inspections by the state. Such inspection shall be the same as the yearly state vehicle safety inspection;

(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) The chief of police shall forward his findings to the city clerk prior to the issuance or transfer of a taxicab license so that a determination can be made by the city clerk that all inspection requirements have been met.

(c) At no time shall any taxicab that is found to be unsafe by the chief of police 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 shall order the use of the taxicab discontinued until the taxicab is reinspected and approved.

(Code 1967, § 29-16; Ord. No. 6926, § 1, 2-10-94; Ord. No. 7920, § 3, 3-13-97)

(a) Under this division, the city clerk shall issue to each applicant a license or renewal for each vehicle upon the filing of written proof of insurance as required in this division, 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. Licenses shall be issued for a 12-month period. Such period shall run from January 1 to December 31 of each year. Any new license issued during the year shall begin on the date of issuance and shall end on December 31 of that year. The license shall state the period for which the license is issued, the name of the owner or operator of the vehicle, the make of vehicle, the vehicle identification number, the current license number and that the vehicle is a taxicab.

(b) After the city clerk has issued the taxicab license, the chief of police shall issue an official identification to each driver of the licensed taxicab company who has met all of the requirements in this article and is therefore authorized to operate a taxicab within the incorporated limits of the city. This official identification shall be entitled "Official Identification — Baytown 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 license to ensure that each driver's official identification is current.

(Code 1967, § 29-15; Ord. No. 6926, § 1, 2-10-94)

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.

(Code 1967, § 29-20; Ord. No. 6926, § 1, 2-10-94)

Each permit issued under this division may be renewed from year to year by the holder of the permit, provided the permit has not been cancelled for any violation of this article. The permit issued under this division shall be deemed personal to the holder and shall not be transferable or assignable.

(Code 1967, § 29-17; Ord. No. 6926, § 1, 2-10-94)

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.

(Code 1967, § 29-21; Ord. No. 6926, § 1, 2-10-94)

Every operator of a taxicab in the city shall be licensed 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 article, including permitting drivers to operate or drive any vehicle while not properly licensed, is subject to the immediate cancellation of his license 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 license should not be cancelled. No such notice or hearing shall be deemed necessary prior to the revocation of a license for failure to maintain proper insurance as required in section 102-59.

(Code 1967, § 29-22; Ord. No. 6926, § 1, 2-10-94)

Every holder of a valid, legally issued taxicab permit, which taxicab is actually and legally being operated by the holder of the permit on the effective date of the ordinance from which this article derives, shall have the right to secure the same number of such permit that he is so holding and using, by accepting all the terms and conditions of this article and by fully complying with this article.

(Code 1967, § 29-23; Ord. No. 6926, § 1, 2-10-94)

(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 his state department of public safety driving record to the city clerk. Further, during the term of the license, if any driver is involved in a traffic accident, receives a ticket 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 licensee shall immediately provide the city clerk 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 unless he has signed an affidavit stating under oath that he has not been convicted of a felony crime within the preceding five years or a crime of moral turpitude. Further, such affidavit shall state 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 licensing), aggravated assault, rape or theft over $200.00. Such affidavit shall be filed by the applicant or licensee with the city clerk 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.

(Code 1967, § 29-41; Ord. No. 6926, § 1, 2-10-94; Ord. No. 7920, § 6, 3-13-97)

Both the license issued by the city clerk under division 2 of this article 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.

(Code 1967, § 29-38; Ord. No. 6926, § 1, 2-10-94)

Each vehicle permitted under this article 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 2½ 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.

(Code 1967, § 29-39; Ord. No. 6926, § 1, 2-10-94; Ord. No. 7920, § 5, 3-13-97)

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.

(Code 1967, § 29-40; Ord. No. 6926, § 1, 2-10-94)

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.

(Code 1967, § 29-42; Ord. No. 6926, § 1, 2-10-94)

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 licensee to solicit or carry additional passengers therein, except with the consent of the passenger who engaged the taxicab originally.

(Code 1967, § 29-43; Ord. No. 6926, § 1, 2-10-94)

(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.

(c) It shall be unlawful for any driver or operator of any taxicab to respond to a call unless he is properly dispatched. A taxicab is properly dispatched when a customer or his designee requests service:

(1) From a taxicab company and the company upon which such request is made directs one of its taxicab drivers or operators to respond to such request; or

(2) Of a taxicab driver or operator and such taxicab driver or operator contacts the taxicab company for which he works to advise the company that the taxicab driver or operator is responding to the request.

(Code 1967, § 29-45; Ord. No. 6926, § 1, 2-10-94; Ord. No. 7920, § 8, 3-13-97)

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 man for any unlawful establishment of any character.

(Code 1967, § 29-46; Ord. No. 6926, § 1, 2-10-94)

(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 his 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 all property whatsoever left in his taxicab, giving a complete report of when and where it was left in his 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.

(Code 1967, § 29-47; Ord. No. 6926, § 1, 2-10-94)

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 daily by each driver.

(Code 1967, § 29-48; Ord. No. 6926, § 1, 2-10-94; Ord. No. 7920, § 9, 3-13-97)

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 or the city manager.

(Code 1967, § 29-49; Ord. No. 6926, § 1, 2-10-94)

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 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 from him.

(Code 1967, § 29-50; Ord. No. 6926, § 1, 2-10-94)

(a) Every taxicab operator shall maintain 24-hour-per-day toll-free public telephone service for customers to request taxicab services and a terminal for the purposes described in this article.

(b) The driver of a taxicab using a subterminal shall remain seated in his vehicle at all times while such vehicle is at a subterminal. 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.

(Code 1967, § 29-51; Ord. No. 6926, § 1, 2-10-94; Ord. No. 7920, § 10, 3-13-97; Ord. No. 10,811, § 3, 1-24-08)

(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 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 no more than $2.50 for the first one-fifth of a mile and $0.40 for each one-fifth of a mile thereafter;

(2) Waiting time consumed by the taxicab at the instance of the passengers or due to traffic delays shall not exceed $20.00 per hour. Waiting time shall be registered on the taxicab's meter with the selector lever in the time position;

(3) If two 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 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 licensee 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. The city shall have the right to inspect the taximeter at any time it so desires.

(Code 1967, § 29-52; Ord. No. 6926, § 1, 2-10-94; Ord. No. 7635, § 1, 2-22-96; Ord. No. 7920, § 10, 3-13-97; Ord. No. 10,140, § 2, 9-8-05; Ord. No. 10,893, § 1, 5-19-08)

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.

(Code 1967, § 29-53; Ord. No. 6926, § 1, 2-10-94)

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:

City official is an employee of the city authorized by the city manager to initiate the towing of a vehicle.

Consent tow means any tow of a motor vehicle initiated by a peace officer, investigating a traffic accident or a traffic incident, at the direction of the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle.

Nonconsent tow means any tow of a motor vehicle that is not a consent tow but is initiated by a peace officer investigating a traffic accident or a traffic incident after the vehicle owner fails to select a towing company or after the selected towing company fails to respond within 25 minutes of being dispatched by the city's communications division.

Vehicle means a device in, on, or by which a person or property may be transported on a public roadway. The term includes an operable or inoperable automobile, truck, motorcycle, recreational vehicle, or trailer but does not include a device moved by human power or used exclusively on a stationary rail or track.

Vehicle owner means a person:

(1) Named as the purchaser or transferee in the certificate of title issued for the vehicle under V.T.C.A., Transportation Code, ch. 501;

(2) In whose name the vehicle is registered under V.T.C.A., Transportation Code, ch. 502, or a member of the person's immediate family;

(3) Who holds the vehicle through a lease agreement;

(4) Who is an unrecorded lienholder entitled to possess the vehicle under the terms of a chattel mortgage; or

(5) Who is a lienholder holding an affidavit of repossession and entitled to repossess the vehicle.

Vehicle storage facility means a garage, parking lot, or other facility that:

(1) Is owned by a person other than a governmental entity; and

(2) Has the capacity to store or park at least ten vehicles each year.

The term shall include a "towing yard" as referenced in the Unified Land Development Code, and an automotive salvage yard as defined in section 82-161 of this Code.

(Ord. No. 13,959, § 2, 11-19-18)

Any person who shall violate this article shall upon conviction be punished as provided in section 1-14.

(Ord. No. 13,959, § 2, 11-19-18)

(a) It shall be an offense for a person:

(1) To use a yard, storage area, or vehicle storage facility to store vehicles that is not fenced or maintained in accordance with all applicable state laws and chapter 18, article XII of this Code.

(2) To stop, park, halt or operate a tow truck within 500 feet of the scene of a consent or nonconsent tow unless the towing company is dispatched to the scene by a city official.

(3) To solicit at the scene of a nonconsent tow any business or employment, including, but not limited to, legal services, medical services, professional services, and services involving towing, moving, storing, repairing, trading or purchasing any vehicle, by words, cards, circulars or gestures.

(4) To offer at the scene of a nonconsent tow a vehicle owner or operator or a representative of the vehicle owner or operator any form, contract, agreement or waiver to sign, other than a tow truck ticket form.

(5) To perform a nonconsent tow unless he displays his incident management towing operator's license and his city identification card to the peace officer at the scene of the nonconsent tow.

(b) No city official at the scene of a consent or nonconsent tow shall, directly or indirectly, either by word, gesture, sign or otherwise, recommend to any person the name of any particular person engaged in the tow truck service or repair business; nor shall any such city official influence or attempt to influence in any manner the decision of any person in choosing or selecting tow truck or repair service at the scene of a consent or nonconsent tow.

(Ord. No. 13,959, § 2, 11-19-18)