It is the policy of the city to promote safety and quality of transportation for hire services in the city. The purpose of these regulations is to:
(1) 
Protect the public health and safety;
(2) 
Promote the public convenience and necessity;
(3) 
Ensure that transportation for hire is a viable component of the transportation system in the city;
(4) 
Allow different modes of transportation for hire to compete directly with each other; and
(5) 
Allow consumers to select the type of transportation for hire they wish to use.
(Ordinance 2024-005 adopted 1/22/2024)
The following terms, when used in this article, shall have the meanings ascribed to them by this section:
Black car.
Any vehicle for hire, regardless of make or model, which does not meet the definitions for taxicab, shuttle, or limousine.
City council.
The governing body of the City of Paris, Texas.
City.
The City of Paris, Texas.
Hailable service.
A taxicab service that can be immediately summoned by a passenger communicating in person with the driver of the vehicle without need of utilizing the transportation for hire services dispatch system.
License.
A license granted by the city allowing an owner or operator of a vehicle for hire to operate within the city.
Licensee.
Any person to whom the city grants a license to operate a vehicle for hire service under this article.
Limousine.
A chauffeured motor vehicle, other than a taxicab, a van, a bus, or a touring vehicle, with a rated passenger capacity of not less than nine or more than 11 passengers.
Person.
An individual, corporation, agency, trust, partnership, business entity, or two or more persons having joint or common economic interest.
Shuttle.
A van-type vehicle that has a manufacturer's rated seating capacity of not less than seven passengers and not more than 15 passengers.
Taxicab.
Every vehicle, whether it is identified or not as a taxicab as set forth herein, used for the transportation of passengers for hire over the public streets of the city, whether or not the operation extends beyond the city limits. Provided, the term taxicab shall not apply to limousines, black cars, or shuttles.
Vehicle for hire business or service.
Providing transportation via chauffeured vehicle for hire to passengers for a fare or compensation.
Vehicle for hire.
Every vehicle that is chauffeured that transports passengers over city streets for a fare or compensation, including but not limited to taxicabs, shuttles, limousines, and black cars. The term vehicle for hire shall not include:
(1) 
Vehicles operated by a transportation authority or a transit authority in accordance with state or federal law;
(2) 
Vehicles being used as ambulances;
(3) 
Vehicles rented or leased for self-operation by the person who drives the vehicle, unless such a vehicle is transporting persons for compensation;
(4) 
Any bus or shuttle service operated or subsidized by a governmental body, or nonprofit corporation for the purpose of providing public transportation or providing rides to elderly or disabled clients; or
(5) 
A transportation network company as defined in Texas Occupations Code section 2402.001(5).
Vehicle.
A motor-propelled device that can be used to transport persons or property on a public street within the corporate limits of the city.
(Ordinance 2024-005 adopted 1/22/2024)
The violation of any of the provisions of this article constitutes a misdemeanor and shall be punished by a fine not to exceed five hundred dollars ($500.00) in accordance with section 1.01.009 of this Code of Ordinances. Offenses committed under this article are strict liability offenses, and the city need not either plead or prove any mental state at the trial of any violation brought under this article. Each and every violation shall constitute a separate offense.
(Ordinance 2024-005 adopted 1/22/2024)
(a) 
No person, firm, corporation, or other entity, excluding the city, shall be granted the privilege to use the public streets, alleys, or thoroughfares within the corporate limits of the city for the purpose of engaging in the business of operating a vehicle for hire without first having obtained a license from the city. Failure to obtain a license prior to operating a vehicle for hire within the corporate limits of the city shall be a violation of this article punishable as set forth in section 5.11.003 herein.
(b) 
Each license issued by the city will contain the following provisions:
(1) 
That the right, privilege, and grant therein contained shall not be transferred or assigned by licensee without first obtaining the formal action and written consent of the city manager (or his designee) and any attempted assignment or transfer of said rights and privileges by the licensee without first obtaining such consent and permission from the city manager (or his designee) shall operate, ipso facto, as a termination of the rights, privileges, and grants herein contained.
(2) 
That the vehicle for hire business operated or maintained under the license shall be used for the purpose of the transportation of passengers and the personal belongings of such passengers.
(3) 
That all automobiles or vehicles used in connection with the vehicle for hire business shall be maintained and operated in safe condition in accordance with the laws of the state and ordinances of the city and shall be currently registered with the Texas Department of Motor Vehicles at all times and be listed on the license.
(4) 
That the privilege to operate as a vehicle for hire service granted under the license shall be limited to the vehicles listed therein.
(5) 
That each vehicle for hire shall be operated by a driver with a chauffer's license at all times during the activities covered by this article and license.
(6) 
That the city, in granting this license, fully retains and reserves all the rights, privileges, and immunities that it now has under the law to fully use, patrol and police the public streets, alleys, and rights-of-way within the city, and the granting of this license shall in no way interfere with the rights of the city to fully use said streets, alleys, and rights-of-way for any other public utility or public purpose, nor shall this license in any way interfere with the city's right to improve or maintain any streets, alleys, or rights-of-way in the city, and the rights of the Licensee herein to use said streets shall, at all times, be subservient to the right of the city council to fully exercise its rights or control over said streets, alleys, and public ways.
(7) 
That the licensee shall, prior to the effective date of this license agreement, pay to the city, at the office of the city clerk, 150 1st Street S.E., Paris, Texas, in lawful money of the United States, a sum as provided in the fee Schedule in appendix A of this code per vehicle used in the operation of said vehicle for hire business. This payment shall represent the license payment due the city and failure to pay said license fee when due may result in forfeiture of this license. No reimbursements will be made to licensee if licensee reduces the number of vehicles for hire during the license year.
(8) 
That the city expressly reserves the right to modify, amend, alter, change, or eliminate any of the provisions of this license, during the life of the same, for the following purposes, to-wit:
(A) 
To eliminate or delete from the same such conditions as then prove obsolete or impractical; and
(B) 
To impose such additional conditions or requirements upon the licensee as may be deemed necessary and reasonable, such conditions or requirements to be those as may be deemed necessary for the purpose of insuring adequate service to the public or protecting the health, safety and general welfare of the citizens.
(9) 
That, notwithstanding what may be said in any other portion of this article with reference to the termination hereof, this right is granted subject to the provisions of article I, sections 17 and 26 of the Constitution of the State of Texas, all applicable state laws, city charter provisions, and any other laws that may be enacted in the future by the Texas Legislature, or amendments to the Constitution and the city charter. Furthermore, the city reserves the absolute right, upon notice and hearing, which said notice shall be given to the licensee not less than ten (10) days before such hearing, to absolutely terminate this grant and license for any violation of the terms and provisions of this article.
(10) 
That it shall be unlawful for licensee, its agents or employees, while operating any vehicle for hire within the city, to cruise except when operating a permissible hailing service. Cruising shall consist of seeking, searching, or soliciting employment while operating an automobile for hire by repeatedly and persistently driving such automobile for hire up and down on the public streets of the city and offering accommodations thereof to prospective passengers, whether by signal, word of mouth, or by carrying a sign with the word "for hire" thereon, or some other word of similar import, or otherwise, or in any manner whatsoever operating said vehicle upon the public streets of the city for the purpose of soliciting passengers, or driving an automobile for hire upon the public streets while unoccupied by a passenger without having a fixed destination thereof. For the purposes of this article, the operation of a black car vehicle for personal use unrelated to the operation of a vehicle for hire service or the paid transportation of passengers shall not constitute cruising.
(11) 
That every hailable vehicle for hire operated by licensee under this license shall, at all times, have a painted, or otherwise permanently impressed upon the front doors thereof, easily visible signs bearing proper identification of the company operating under this license. All such vehicles shall be owned by and registered in the names of the licensee, and no other vehicle may be used or operated by licensee on the streets of the city under this license. Each such vehicle shall be registered with the city clerk by motor vehicle in numerical order, beginning with number 1, which number shall, at all times, be displayed at some convenient and visible location on the vehicle.
(12) 
That licensee shall, at all times during the effective period of this license, keep and maintain, in full force and effect, a policy or policies, of commercial automobile liability insurance coverage which fully meets or exceeds coverage in the following amounts: For each accident, personal injury coverage in the amount of $50,000.00 per person and $100,000.00 aggregate, and property damage coverage in the amount of $50,000.00. The commercial insurance policy shall also provide coverage for bodily injury to passengers and/or property damage and shall indemnify the city, its elected officials, officers and employees from and against any and all claims for damages, personal injuries, or property damages sustained as a result of the negligent operation of any motor vehicle by the licensee, their agents or employees, and shall pay all premiums due thereon when due. Said policy shall also list the city, its elected officials, officers and employees as additional insured under the required coverage. It is expressly provided that such commercial insurance policy, or policies, shall, and must, be written and issued by a reputable insurance underwriter, or underwriters, authorized to do business in the state, subject to approval by the city attorney; and the licensee, or their insurance carrier or carriers, shall deliver a copy of any such policies to the city clerk, 150 1st Street S.E., Paris, Texas 75460, or furnish to said city clerk a current letter or certificate from such company, or companies, evidencing the fact that such insurance is in full force and effect at all times during the effective period of this license. All such policies shall be written so that the city will be notified of cancellation or of any material change to the policies at least ten (10) days prior to the effective date of such cancellation or amendment. Notice shall be by certified mail, return receipt requested, addressed to the City of Paris c/o City Clerk, City of Paris, P. O. Box 9037, Paris, Texas 75461-9037.
(13) 
The licensee shall promptly respond to all claims filed against them for injury or damage to property arising from the operation of their vehicles for hire and well and truly pay directly to every judgment creditor who has been injured through the negligent operation of any motor vehicle by the licensee, their agents or employees, or whose property has been damaged, any amount, or amounts, of money that shall have been awarded by final judgment of any court of competent jurisdiction against such licensee on account of any such injury or damage.
(14) 
That in the event licensee fails to provide the city with a current certificate of insurance with appropriate insurance coverage for all vehicles operated under this license and/or licensee fails to fully discharge any claim for damages or injuries established by final judgment of a court of competent jurisdiction within sixty (60) days after the same has been so established, such failure shall constitute grounds for termination of this license.
(15) 
That in accepting this license, licensee agrees that they shall not discriminate against or refuse business to any person on the basis of race, color, creed, sex, or national origin. Any proven violation of this section of the license may result in an immediate suspension or forfeiture of this taxicab license.
(16) 
That it shall be the duty of the city manager (or designee) to enforce the provisions of this article and all applicable regulations, which, when approved by the city council, shall become binding upon the licensee herein. The city manager may adopt rules to enable the efficient operation of the administration of this article.
(17) 
The city council shall, from time-to-time during the term of this license, have the power and authority to promulgate effective regulations concerning the following, to-wit:
(A) 
To make reasonable orders respecting character, extent, quality, safety and standard of service licensee is to provide under this license;
(B) 
To fix such rates for service to the public as are not in conflict with the express provisions hereof and as will provide for licensee a reasonable and fair rate of return upon the fair value of the property used and useable in connection with the rendering of service to the public under this license; and
(C) 
To make such other rules and regulations as may be reasonably necessary to facilitate clean and professional vehicle for hire business to be rendered to the public under this license, any such rules and regulations, when adopted, to be binding upon the licensee herein.
(18) 
That vehicles for hire operated by licensee under this license shall be stationed or parked at the principal offices of the licensee, which principal offices shall be located on private property during hours in which said vehicles for hire are not engaged in the exercise of the privileges granted herein and during which a driver is not occupying the vehicle; and in any event, no unoccupied vehicle for hire may be parked on any property other than at the principle offices of licensee other than for normal, momentary breaks in operation of the service.
(19) 
That the licensee shall promptly pay all lawful ad valorem taxes and such other levies and assessments, if any, that may be lawfully imposed upon it. Failure to pay any of such charges, or either of them, shall be deemed a breach of the license granted herein, and the city, upon the happening of such event, may declare the rights of the licensee hereunder forfeited for such breach.
(20) 
That this grant is made upon the express condition that the nonexercise of the power to regulate rates and charges which the licensee may charge to the public in the operation of their business shall never be construed as an acquiescence or recognition of the justness or correctness of said licensee's established rate, and that, so long as the city council does not exercise its legislative and governmental power to fix and regulate the rates that the licensee shall charge to the public, the question of property values used and useful in the rendering of the service prior to rate regulation shall never stop the city from determining the real or actual value of property used or useful in rendering such service. If, and when, the city council or other governing body shall exercise the power to fix the rates to be charged for such service in the city, no allowance in the way of said rate shall be made as compensation for any property used or consumed in rendering the service by the licensee's for such service. If, and when, the city council decides to regulate rates, then, at such time, the council will fully exercise its rate regulatory power under the provisions of law applicable thereto, and the failure to provide under this article the machinery for the administration, legislative, or executive control of such matter shall not preclude the council from fully exercising that power and providing suitable provisions to enforce such power.
(21) 
That any unwarranted and intentional neglect, failure, or refusal of the licensee to comply with any of the conditions and stipulations contained in this license shall thereupon immediately, ipso facto, effect a forfeiture hereof, and the city manager or designee may, thereupon, declare this license forfeited and may exclude the licensee from further use of the streets of the city under this license, and the licensee shall thereupon and immediately surrender all rights in and to the same, and this license shall become null and void and of no effect.
(Ordinance 2024-005 adopted 1/22/2024)
(a) 
To obtain a vehicle for hire license, a person must submit an application on a form provided by the city manager or the city manager's designee. The applicant must be the person who will own, control, or operate the proposed vehicle for hire service.
(b) 
The license application shall include the following information:
(1) 
The applicant's name, address, and verified signature;
(2) 
The form of business of the applicant, and, if the business is a corporation or association, evidence of the authority of the person signing the application to represent the business;
(3) 
A description of all vehicles to be used by the applicant, including the vehicle type, capacity, vehicle identification number, and license number;
(4) 
A certificate of insurance or other evidence establishing that the applicant has motor vehicle liability insurance or other proof of financial responsibility as required by law;
(5) 
A certificate of insurance or other evidence establishing that the applicant has acquired, and shall during the terms of any license issued hereunder, insurance as required by section 5.11.004(b)(12) herein.
(6) 
A statement and accompanying documentation in support of the public necessity and convenience for the issuance of the license.
(c) 
Each application for a license shall be accompanied by a nonrefundable application fee as provided in appendix A of this code for each vehicle to be used in the vehicle for hire business.
(d) 
Each vehicle for hire license shall expire on December 31st of each year, and may be renewed by making application as provided in this section.
(e) 
The license required by this section shall not be transferable.
(Ordinance 2024-005 adopted 1/22/2024)
The city manager or designee may revoke a license issued under this article for failure of the licensee to provide required information, for failure to maintain adequate insurance, for failure to pay fees, for making false statements on the application, or for failure to comply with this article. The revocation may be appealed to the city council if written notice of a request for hearing is given to the city manager within ten (10) days of the receipt of the revocation order. The order of the city council approving or disapproving the order of the city manager shall be final.
(Ordinance 2024-005 adopted 1/22/2024)