Sec. 33-001. - Statement of policy.

It is the policy of the city to promote efficient, safe, reliable, and quality ground transportation services in the city. To this end, this chapter provides for the regulation of such services to be carried out in a manner that protects the public health and safety, promotes the public convenience and necessity, and respects the concept of free enterprise.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-002. - Scope; effect; exclusions.

(a)

This chapter governs the operation of vehicles for hire and ground transportation services under each form of operating authority. The chapter, however, is not a limitation on the power of the city council to incorporate in a grant of operating authority special provisions relating to the operation of the ground transportation service particular to the grant. To the extent that a special provision conflicts with this chapter, the special provision controls.

(b)

This chapter does not apply to a ground transportation service or to a person operating a ground transportation service that is:

(1)

Used to transport a person from a point outside the city to destinations inside the city, if the ground transportation service leaves the city without receiving a new passenger inside the city;

(2)

Operated under state or federal authority unless subject to the city's regulatory authority;

(3)

Used to transport persons for hire and is regulated by another city ordinance;

(4)

In the performance of a service involving a point of origin or destination outside the city that was authorized by a certificate of public convenience and necessity issued by the Texas Railroad Commission, except that the director shall prescribe routes, times, and locations for loading, unloading, and stopping on public streets in the city for a ground transportation service operated under such a certificate.

(5)

Operated for a funeral home in the performance of funeral services;

(6)

Provided by an employer or employee association for use in transporting employees between the employees' homes and the employer's place of business or between work stations, with the employees reimbursing the employer or employee association in an amount calculated only to offset the reasonable expenses of operating the vehicle;

(7)

Owned and operated by the federal or state government, by a political subdivision of the state, or by a person under contract with the city for operation of the vehicle;

(8)

Used in a carpool to transport the person and others on a prearranged basis between their homes and places of employment or places of common destination, if only a fee calculated to reasonably cover expenses is charged;

(9)

Used to transport children to or from school if only a fee calculated to reasonably cover expenses is charged;

(10)

Owned by a nonprofit organization and carrying only passengers associated with that organization, if no compensation is received from any other person for carrying the passengers;

(11)

A courtesy vehicle as defined in section 33-003 if the name of the business or sponsor of such vehicle is permanently affixed to the outside of the vehicle;

(12)

Those services the provision of which is a continuation of interstate travel; or

(13)

Those services provided by VIA Metropolitan Transit wherein persons are transported along regularly scheduled routes throughout the city for loading and unloading, at frequent intermittent stops, alongside the curb or curblines of a street; wherein the disabled and the elderly are provided with special services; and wherein persons are offered express service from designated park and ride locations throughout the city.

(c)

Divisions 4 and 6 of this article do not apply to:

(1)

The driver of a ground transportation service operated under authority granted by the Interstate Commerce Commission, if the driver is operating within the scope of the driver's employment; or

(2)

Motorcoaches having a gross-weight rating in excess of twenty-three thousand (23,000) pounds.

(Ord. No. 82938, § 1, 9-28-95; Ord. No. 2010-01-14-0116, § 2, 1-14-10)

Sec. 33-003. - Definitions.

For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them by this section, unless the context shall indicate another or different meaning or intent.

Application shall mean the written request for a permit agreement and/or city driver permit.

Appointment basis only shall mean pre-arranged by the passenger prior to the arrival of a vehicle for hire at the point of origin.

Association shall mean an incorporated or unincorporated society or group of persons united for some purpose related to the operation of ground transportation vehicles. This term includes a cooperative association.

Attraction shall mean any business or public facility from which or to which there is a demand for public transportation.

Bus shall mean a motor vehicle that has a manufacturer's rated seating capacity of more than fifteen (15) passengers.

Business office shall mean a location used for the purpose of conducting ground transportation service operations.

Carriage service shall mean a passenger ground transportation service operated for hire that uses horse-drawn carriages in the operation of the service and includes, but is not limited to, a facility from which the service is operated, horse-drawn carriages used in the operation of the service and a person who owns and/or operates said service.

Charter service shall mean a ground transportation service operated for hire that uses vans, buses or motor coaches to transport persons belonging to a specified group and that is:

(a)

Offered only upon a prearranged basis, the prearrangement being made at least one hour in advance of the time the transportation is to begin and on a pre-sold basis; and

(b)

Operated from locations within the city to locations either inside or outside the city; and

(c)

Is used to transport a specified group of persons from a same point of origin or from various points of origin to a same point of destination.

City shall mean the City of San Antonio.

City manager shall mean the person, his authorized representative or his designated representative.

Classic vehicle shall mean a motor vehicle which is twenty-five (25) years of age or older and is of special interest to or in demand of auto collectors due to the vehicle's rarity, limited production, public recognition and increasing value.

Code shall mean the "City Code of San Antonio, Texas."

Compensation shall mean any money, thing of value, payment, consideration, reward, tip, donation, gratuity or profit paid to, accepted, or received by the driver or owner of any vehicle in exchange for transportation of a person, or persons; whether paid upon solicitation, demand or contract, or voluntarily, or intended as a gratuity or donation.

Courtesy vehicle shall mean a vehicle which provides a passenger ground transportation service exclusively for the clients of a sponsor of such vehicle and such sponsor is not a business, association, organization or any other entity engaged in providing a vehicle for hire service of any kind, and which accepts no fares or compensation paid by the passenger to the driver of such a vehicle or to the sponsor.

Conviction means a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. Conviction shall also mean a plea of guilty or a finding of guilt in said courts.

Defined area shall mean any location not an attraction.

Director or department director shall mean the department head assigned the responsibility for supervising the city's ground transportation services or the authorized or designated representative of such department head.

Dispatch shall mean to operate a taxicab scheduling service in which requests for taxicab service are received by phone or in person and taxicabs are scheduled or routed by relaying information from the service to the taxicab by radio or data communication.

Driver shall mean any individual, employed by or subcontracting with a holder to drive and be in actual charge of the operation of a vehicle for hire, who has been issued the classified state driver's license required for the class of vehicle being so operated, as defined in Article 6687b, Section 4A, Vernon's Ann. Civ. St., and who registered with the city as an operator of a vehicle for hire by having received therefrom a driver permit.

Driver permit shall mean a photo I.D. card issued to an individual by the Director which verifies that the individual has met all city requirements and is qualified to operate a vehicle for hire in the city.

Dwelling shall mean any "dwelling one-family," "dwelling one-family attached," "dwelling two-family (duplex)," "dwelling two-family attached," "dwelling three-family (triplex)," "dwelling four-family (quadraplex)," "dwelling multifamily," "dwelling small lot home" or "dwelling unit," as such terms are defined in Chapter 35 of this Code.

Facility shall mean a location for the conduct of business which includes but is not limited to a business office and a garage for the maintenance of vehicles for hire.

General public transportation shall mean any VIA Metropolitan Transportation service for the transport of persons from the general public along regularly scheduled routes throughout the city, loading and unloading passengers in the street at frequent intermittent stops.

Ground transportation service shall mean a service which utilizes vehicles for hire in the transportation of passengers from within the city and which includes, but is not limited to, carriage service, charter service, limousine service, livery service, taxicab service, tour service, and pedicab service.

Holder shall mean a person, company, corporation, cooperative or association, or the individual members of such cooperative or association that applies for and is granted an operating permit pursuant to a permit agreement with the city.

Horse shall mean the animal itself or any other equine.

Horse-drawn carriage shall mean a chauffeured vehicle that is pulled by one (1) or more horses and is used to transport persons for hire.

Hybrid taxicab shall mean a taxicab with more than one power source, such as an electric motor and internal combustion engine or an electric motor with battery and fuel cells for energy storage.

Lawful order shall mean a verbal or written directive issued by the director in the performance of official duties in the enforcement of this chapter and any rules and regulations promulgated pursuant to this chapter.

Limousine service shall mean a passenger ground transportation service operated for hire that uses stretch limousines, luxury or classic vehicles that are used to transport passengers for a fare based on a one (1) hour or more hiring period and:

(a)

That is operated unequipped with a taximeter;

(b)

On an appointment basis only;

(c)

On irregular routes and schedules;

The term, "Limousine Service," may also refer to any or all of the following:

(1)

A facility from which the service is operated;

(2)

Vehicles for hire used in the operation of the service;

(3)

A person who owns and/or operates said service.

Luxury vehicle shall mean a motor vehicle that:

(a)

Is a luxury sedan as defined by the original manufacturer or if not defined by the manufacturer then designated by the director;

(b)

Has a manufacturer's rated seating capacity of not more than six (6) passengers;

(c)

Has an original wheelbase of one hundred and nine (109) inches or more;

(d)

Is not older than five (5) years of age.

Manifest shall mean the daily record prepared by a driver upon which appears his name and vehicle number; date and hours of operation; time, place, origin and destination of each trip; number of passengers and amount of fare and other charges; and all other information as required by this chapter.

Motor coach shall mean a motor vehicle that:

(a)

Has a manufacturer's seating capacity of more than forty (40) passengers;

(b)

Has luggage storage compartments located below the passenger area;

(c)

Is normally associated with interstate bus service.

Open-air bus shall mean a bus with either open sides or windows permanently affixed in the open position.

Operate or operating shall mean to drive or to be in control of a vehicle for hire. It shall also include, as the context may require, the act of driving, managing or directing the utilization of one or more vehicles for hire.

Operating permit shall mean a city-issued certificate which authorizes the holder to operate the number of vehicles for hire specified therein.

Operation of a horse-drawn carriage shall mean a horse-drawn carriage is in operation when it is out of its stable and pulling a carriage.

Operator shall mean the driver of a vehicle for hire, the owner of a vehicle for hire, or the holder of a vehicle for hire service.

Owner shall mean the person to whom state license plates for a vehicle were issued.

Passenger shall mean an individual, other than a driver, being transported by a vehicle for hire.

Pedicab shall mean a device with three (3) or more wheels propelled exclusively by human power exerted through a belt, chain, or gears capable of carrying a driver and one (1) or more passengers on a platform made a part of the device.

Pedicab service shall mean a ground transportation service operated for hire that uses pedicabs in the operation of the service and includes, but is not limited to, a facility from which the service is operated, pedicabs used in the operation of the service and a person who owns and/or operates said service.

Permit shall mean the written permission granted by the city to a person to operate a ground transportation service from within the city for a period of two (2) years.

Permit agreement shall mean the written agreement between the city and a person for an operating permit which authorizes the operation of a ground transportation service after the issuance of such operating permit.

Person shall mean an individual, partnership, corporation, company association, co-op or other legal entity.

Pre-arranged basis shall mean operating with a reservation for service made in advance of the time the transporting is to begin.

Pre-sold basis shall mean full or partial payment is made or guaranteed, by cash, check, or charge account, at the time of reservation.

Rated passenger capacity shall mean that designated in number by the manufacturer, or, if none, that designated in number by the director.

Reservation schedule shall mean a record prepared at the time of reservation upon which appears the specified group name; the date and time the reservation for service was made; the type of payment made (cash, check, charge); the amount charged; the number of persons in the specified group; the place of origin; the time of pick-up; the destination; and the time of drop-off.

Specified group shall mean a number of individuals, in excess of one, having some unifying relationship purposely assembled for traveling together.

Stable shall mean any place, establishment, or facility where one (1) or more horses are housed and/or maintained.

Stand shall mean a public place alongside the curb or curb lines or a street which has been designated by the director as reserved exclusively for use by a particular type of ground transportation service in accordance with the provisions of this agreement.

State shall mean the State of Texas.

Street shall mean any street, alley, avenue, boulevard, drive, public way or highway commonly used for the purpose of public travel within the city.

Stretch limousine shall mean a motor vehicle that:

(a)

Is a luxury sedan with a wheelbase which has been extended beyond the original manufacturer's specification;

(b)

Has a manufacturer's rated seating capacity of not more than fifteen (15) passengers;

(c)

Possesses a DOT approved manufacturer's dateplate or weatherproof label on the door jam;

(d)

Used for the transportation of persons from a location in the city to another location either inside or outside the city.

Taxicab shall mean a chauffeured motor vehicle having a rated passenger capacity of seven (7) or less that is equipped with a taximeter and that is used to transport persons for hire on an "on demand" basis over routes determined by the destination of the passenger.

Taxicab service shall mean a passenger ground transportation service operated for hire that uses taxicabs in the operation of the service and includes, but is not limited to, a facility from which the service is operated, taxicabs used in the operation of the service and a person who owns and/or operates said service.

Taxicab stand shall mean a public place alongside the curb or curb lines of a street which has been designated by the city manager as reserved exclusively for the use of taxicabs in accordance with the provisions of this chapter.

Taximeter shall mean a device that mechanically or electronically computes, records and/or indicates a fare based upon the time or distance a vehicle for hire is engaged and/or the distance travelled by said vehicle.

Top light shall mean an outside light, the design of which is normally associated with a taxicab service which may or may not be equipped with a tell tale light.

Tour service shall mean a passenger ground transportation service operated for hire that uses vans, buses or motor coaches in the operation of the service and includes, but is not limited to, a facility from which the service is operated, vehicles used in the operation of the service and a person who owns and/or operates said service and:

(a)

Is used to provide regularly scheduled and routed sight-seeing tours to persons for a "per-passenger" or "per-hour" charge agreed upon in advance.

(b)

Returns passengers to their point of origin upon completion of a tour.

Transportation advisory board shall mean that board created by the City Council pursuant to Ordinance No. 58134, passed January 12, 1984, and amended by Ordinance No. 74977, passed December 19, 1991.

Van shall mean a motor vehicle that has a manufacturer's seating capacity of seven (7) or more passengers.

Vehicle for hire shall mean every chauffeured vehicle, other than mass transit vehicles or vehicles involved in an organized car pool not available to the general public, which is operated for any fare or compensation and used for the transportation of passengers over city streets. Such vehicles shall include but are not limited to taxicabs, buses, vans, motorcoaches, stretch limousines, classic vehicles, luxury vehicles and pedicabs.

Vehicle number shall mean the identification number assigned to a vehicle for hire by the director.

Vehicle permit shall mean the city decal affixed to a vehicle for hire which evidences the holder's authority to operate said vehicle pursuant to the holder's operating permit.

Veterinarian shall mean any person licensed to practice veterinary medicine in the state.

Work shall mean a horse that is out of its stable and pulling a carriage.

(Ord. No. 82938, § 1, 9-28-95; Ord. No. 87146, §§ 1, 2, 12-18-97; Ord. No. 100329, §§ 1—4, 1-20-05; Ord. No. 2007-05-17-0559, § 1, 5-17-07; Ord. No. 2010-01-14-0116, § 3, 1-14-10)

Sec. 33-004. - Authority and duty of director.

The director shall implement and enforce this chapter, interpret the provisions herein, and may by written order establish such rules or regulations, not inconsistent with this chapter, as the director determines are necessary to discharge any duty under, or to affect the policy of, this chapter and of the city. The director may at all reasonable times inspect a ground transportation service vehicle or facility operating under this chapter to determine whether the vehicle or facility complies with the provisions of this chapter and all other applicable rules, regulations and laws.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-005. - Establishment of rules and regulations.

(a)

Before adopting, amending, or abolishing a rule or regulation, the director together with the Transportation Advisory Board shall hold a public hearing on the proposal.

(b)

The director shall fix the time and place of the hearing and, in addition to notice required under Article 6252-17, Vernon's Texas Civil Statutes, shall notify each holder and such other persons as the director determines are interested in the subject matter of the hearing.

(c)

After the public hearing, the director shall notify the holders and other interested persons of the action taken and shall post an order adopting, amending, or abolishing a rule or regulation on the official bulletin board in the City Hall for a period of not fewer than ten (10) days. The order becomes effective immediately upon expiration of the posting period.

(d)

All rules and regulations established by the director shall be enforced as provided for in section 33-073 of this chapter.

(Ord. No. 82938, § 1, 9-28-95)