HomeMy WebLinkAboutOrd 1552 - passenger transportation
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Ordinance No. 1552
AN ORDINANCE RELATING TO PASSENGER
TRANSPORTATION; PROHmITING ANY CHARGE IN EXCESS
OF AN ESTABLISHED MAXIMUM FARE; AMENDING THE CODE
OF ORDINANCES OFTHE CITY OF WEST UNIVERSITY PLACE,
TEXAS; AND CONTAINING FINDINGS AND PROVISIONS
RELATING TO THE SUBJECT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
UNIVERSITY PLACE:
Section 1. Chapter 13 of the Code of Ordinances of the City of West
University Place, Texas is hereby amended by adding a new Subchapter F
(entitled "Passenger Transportation For Hire" and including Section 13-501), as
set out in Exhibit A, attached.
Section 2. This ordinance applies from and after its effective date. Any
violations committed before the effective date are governed by the ordinances in
effect before the effective date, and they are continued in effect for this purpose.
Section 3. All ordinances and parts of ordinances in conflict herewith are
hereby repealed to the extent of the conflict only.
Section 4. If any word, phrase, clause, sentence, paragraph, section or other
part of this ordinance or the application thereof to any person or circumstance,
shall ever be held to be invalid or unconstitutional by any court of competent
jurisdiction, neither the remainder of this ordinance, nor the application of such
word, phrase, clause, sentence, paragraph, section or other part of this ordinance to
any other persons or circumstances, shall be affected thereby.
Section 5. The City Council officially finds, determines and declares that a
sufficient written notice of the date, hour, place and subject of each meeting at
which this ordinance was discussed, considered or acted upon was given in the
manner required by the Texas Open Meetings Act, as amended, and that each such
meeting has been open to the public as required by law at all times during such
discussion, consideration and action. The City Council ratifies, approves and
confirms such notices and the contents and posting thereof.
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Exhibit A
(Ordinance No. 1552)
Subchapter F. Passenger Transportation For Hire
Sec. 13-501. Exceeding established maximum fare; "price gouging"
(a) Conduct declared unlawful. It shall be unlawful for any person to: (i) provide passenger
winsportation and (ii) to request or accept payment, for the transportation, which exceeds any
established maximum fare. This prohibition applies to each trip using a street area within the City,
regardless of whether the trip also uses streets outside the City, and regardless of where the
payment is physically requested or accepted.
(b) Definitions. In this section:
(1) "Passenger transportation" means transportation: (i) of one or more passengers, (ii) by
motor vehicle, and (iii) using any street area within the City.
(2) Unless otherwise established by the City Council, an "established maximum fare" is the
maximum payment fixed by ordinance of the City of Houston ("Houston") for
equivalent transportation provided wholly within Houston. For this purpose, any fare
zones established by Houston apply to trips beginning or ending within the City.
However, if any part of the City is not clearly included within such a fare zone, that
part is deemed to be part of the nearest fare zone. Following are two examples of
established maximum fares:
Example trip
Established maximum fare. (after 7-5-
95)
Regular taxicab trip (non"-senior citizen,
non-late, non-reserved) between a point
within the City and Houston
Intercontinental Airport (IAH)
$41 or the metered rate, whichever is
less
(plus $1.25 if the trip departs from
IAH).
Regular taxicab trip (non-senior citizen,
non-late, non-reserved) between a point
within the City and Hobby Airport (HOD)
$25 or the metered rate~ whichever is
less
(plus $0.75 if the trip departs from
HOD).
Source: Code of Ordinances, City of Houston, Texas, Sees. 46-26, 46-27 and 46-31
( c) Affirmative defenses. The following are affirmative defenses in any proceeding to enforce
this section:
(1) Any payment in excess of the established maximum fare was a bona fide gratuity,
freely and intentionally given and not requested.
(2) The transaction in question was outside the City's regulatory jurisdiction.
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Section 6. This ordinance shall become effective on the tenth day following
its publication, as provided in the City Charter.
PASSED AND APPROVED ON FIRST READING, this /O~ay Of~
,190 '
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
PASSED AND APPROVED ON SECOND READING, this~-Tay Of~
,1917
Councilmembers Voting Aye:
Councilmembers Voting No:
Councilmembers Absent:
Signed:
Mayor
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Attest:
(Seal)
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Secretary
Reviewed:
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City Attorney
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