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HomeMy WebLinkAboutOrdinance 1910 � . w FOR RECORD 73 APP 11 PH 2: 07 ORDINANCE NO . �9�0 SfASHl3dt�3tJf� COUNTY ARKANSAS ALMA KJOLLNEYER MAN ORDINANCE REGULATING AND LICENSING TAXICABS D~TAXI CAB DRIVERS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF , BE IT ORDAINED BY THE BOARD OF DIRECTORS of the City of Fayetteville , Arkansas : Section 1 . Definitions . The following words and phrases when used in this or finance ave the meaning as set out herein : a . Certificate means a certificate of public convenience and neces _s'1't'y _1`s_s_u'eU by the Board of Directors , authorizing the holder thereof to conduct a taxicab business in the City of Fayetteville . b . Driver ' s permit means the permission granted by the Chief of Police to & person to drive a taxicab upon the streets of the City of Fayetteville . C . Holder means a person to whom a certificate of public convenien-c'e'a-TU necessity has been issued . d . Manifest means a daily record prepared by a taxicab driver anZ7ortaxicab company of all trips made by company vehicles showing time and place of origin , destination , number of passengers , and the amount of fare of each trip . e . Person includes an individual , a corporation or other legal entity , a partnership , and any unincorporated association . f . Rate card means a card issued by the City of Fayette - ville for is�c play in each taxicab which contains the rates of fare then in force . g . Taxicab means a motor vehicle regularly engaged in the business 'o carrying passengers for hire , having a seating cap - acity of less than twelve ( 12 ) persons and not operated on a fixed route . Such word shall not include any vehicle operated exclusively for airport limousine service under Article III of Chapter 20 of the Code of Ordinances , Fayetteville , Arkansas . h . Waiting time means the time when a taxicab is not in motion from t e time of acceptance of a passenger or passengers DEEG 847 e„cE943 MICRATE O�II 1 3 1978 DATE PEELU7' to the time of discharge , but does not include any time that the taxicab is not in motion if due to any cause other than the re - quest , act or fault of a passenger or passengers . Section 2 . Certificate of Public Convenience and Necessit Required . No person shall operate or permit a taxica owne , ea� secT'or controlled by him to be operated as a vehicle for hire upon the streets of the City of Fayetteville without having first obtained a certificate of public convenience and necessity from the Board of Directors . Section 3 . Application for Certificate . An application for a certificate shall be filed with tFie City -manager upon forms provided by the City of Fayetteville ; and said application shall -be verified under oath and shall furnish the following information : a , The name and address of the applicant , including the name and address of all officers and stockholders of the company if incorporated ., and the name of the person to whom complaints should be directed . b . The financial status of the applicant , including the financial status of the officers and stockholders of the company , if incorporated , including the amount of all unpaid judgments against the applicant ( officers and stockholders of the company if incorporated) , and the nature of the transaction or acts giving rise to said judgments . C , The experience of the applicant including all officers and stockholders of the company , if incorporated , in the trans - portation of passengers . d . Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a cer - tificate . e . The number of vehicles to be available for operation or controlled by the applicant and the location of proposed depots and terminals . f . The color scheme or insignia to be used to designate the vehicle or vehicles or the applicant . Section 4 . Public Hearing . Upon the filing of an applica - tion , the City Clerk shall fix a time and place for a public hearing thereon . Notice of such hearing shall be given to the applicant and to all persons to whom certificates of public con - venience and necessity have been theretofore issued . Any inter - ested person may file with the City Clerk a memorandum in support of or opposition to the issuance of a certificate . DEED 817 PAGE 944 Section 5 . Issuance of Certificate . If the Board of Direc - tors finds that further taxica service in the City of Fayette - ville is required by the public convenience and necessity and that the applicant is fit , willing , and able to perform such public transportation and to conform to the provisions of this ordinance , then the City Clerk shall issue a certificate stating the name and address of the applicant , the number of vehicles authorized under said certificate and the date of issuance ; otherwise , the application shall be denied . In making the above findings , the Board of Directors shall take into consideration the number of taxicabs already in opera - tion , whether existing transportation is adequate to meet the public need , the probably effect of increased service on local traffic conditions , and the character , experience , and responsibil - ity of the applicant . Section 6 . Indemnity Bond or Liability In Required . No certificate of public convenience and necessity sl ail be issued or continued in operation unless there is in full force and effect an indemnity bond for each vehicle authorized in the amount of ten thousand dollars for bodily injury to any one person ; in the amount of twenty thousand dollars for injuries to more than one person which are sustained in the same accident and five thousand dollars for property damage resulting from any one accident . Said bond or bonds shall inure to the benefit of any person who shall be injured or who shall sustain damage to property proximately caused by the negligence of a holder , his servants , or agents . Said bond or bonds shall be filed in the office of the City Clerk and shall have as surety thereon a surety company authorized to do business in the State of Arkansas . The City Manager may in his discretion allow the holder to file , in lieu of bond or bonds , a liability insurance policy issued by an insurance company authorized to do business in the State of Arkansas . Said policy shall conform to the provisions of this section relating to bonds . Section 7 . License Fees . No certificate shall be issued or continued in operatio�ess the holder thereof has paid an annual license fee of $ 100 . 00 dollars for the right to engage in the taxicab business and $ 3 . 00 dollars each year for each vehicle operated under a certificate of public convenience and necessity . Said license fees shall be for the calendar year and shall be in addition to any other license fees or charges established by proper authority and applicable to said holder or the vehicle or vehicles under his operation and control . DEED 847 PAGf945 Section 8 . Transfer of Certificates . No certificate or public convenience and necessity may be sold , assigned , mortgaged or otherwise transferred without the consent of the Board of Directors . Section 9 . Suspension and Revocation of Certificates . A certificate issue under provisions ofthis ordinance may be revoked or suspended by the Board of Directors if the holder thereof has ( a) violated any of the provisions of this ordinance , ( b ) discontinued operations for more than twenty days , ( c) has violated any ordinances of the City of Fayetteville , or the laws of the United States or the State of Arkansas , the violations of which reflect unfavorably on the fitness of the holder to offer public transportation . Prior to suspension or revocation , the holder shall be given notice of the proposed action to be taken and shall have an oppor - tunity to be heard . Section 10 . Taxicab Driver ' s Permit . No person shall oper - ate a taxicab for hire . upon the streets of the City of Fayette - ville and no person who owns or controls a taxicab shall permit it to be so driven , and no taxicab licensed by the City of Fay - etteville ; shall be so driven at any time for hire , unless the driver of said taxicab shall have first obtained and shall have then in force a taxicab driver ' s 1permit issued under the pro - visions of this ordinance . ' Section 11 . Application for Driver ' s Permit . An Application for a taxicab driver ' s permit shall be filFd with the Chief of Police on forms provided by the City of Fayetteville , and such application shall be verified under oath and shall contain the following information : a . The names and addresses of four residents of Washington County , Arkansas who have known the applicant for a period of one ( 1 ) year and who will vouch for the sobriety , honesty , and general good character of the applicant . b . A concise history of his employment . Each application shall be accompanied by a certificate from a reputable physician of the City of Fayetteville certifying that , in his opinion , the applicant is not inflicted with any disease or infirmity which might make him an unsafe or unsatisfactory driver . At the time the application is filed the applicant shall pay to the City Controller the sum of $ 2 . 00 dollars . DEEG 847 PACE 94.6 Section 12 . Examination of Applicant - Current Motor Vehicle Operator ' s Permit Require . Before any application is finally passe upon y t e i�of Police , the applicant shall be required to pass a satisfactory examination as to his knowledge of locations in the City or ability to find locations using a current city man and to show that he has a current motor vehicle ' s chauffer ' s for hire permit issued by the State of Arkansas . Section 13 . Police Investigation of Applicant - Traffic and Police Record . The olice Department s all conduct an investi - gation o eac applicant for a taxicab driver ' s permit and a report of such investigation and a copy of the traffic and police record of the applicant , if any , shall be attached to the application for the consideration of the Chief of Police . Section 14 . Consideration of Application . The Chief of Police shall upon consideration o the application and the ,reports and certificate required to be attached thereto shall approve or reject the application . If the application is rejected , the applicant may request a personal appearance before the City Manager to offer evidence why his application should be reconsidered . Section 15 . Issuance of Permit - Duration - Annual Fee . Upon approval of an application for a taxicab river ' s permit t e Chief of Police shall issue a permit to the applicant which shall bear the name , address , age , signature and photograph of the applicant . Such permit shall be in effect for the remainder of the cal - endar year . A permit for every calendar year thereafter shall issue upon the payment of $ 2 . 00 dollars unless the permit for the preceding year has been revoked . Section 16 . Retention of Application Information . When a driver ' s permit is issued t e application and supporting information shall be returned to the certificate holder to be held by said certificate holder so long as the driver is employed by said cer - tificate holder . Section 17 . Display of Permit . Every permitee under this ordinance shall post his driver ' s permit in such a place as to be in full view of all passengers while such driver is operating a taxicab and said permit shall be illuminated when necessary for viewing . Section 18 . Suspension and Revocation of Permit . The Chief of Police is hereby given the authority to suspend any - driver ' s permit issued under this ordinance for a driver ' s failure or re - fusing to comply with the provisions of this ordinance , such suspension to last for a period of not more than ten ( 10 ) days . The Chief of Police is also given authority to revoke any driver ' s permit for failure to comply with the provisions of this ordinance . DEED O 17 PAGE 9 4 However , a permit may not be suspended or revoked unless the driver has received notice and has had an opportunity to present evidence in his behalf . Section 19 . Failure to Comply With Cit State and Federal Laws . Every driver license un er t is ordinance s all comply with all City , State and Federal laws . Failure to do so will justify the Chief of Police in instituting proceedings for revo - cation of the permit . Section 20 . Vehicles Must Be Kept in a Safe , Clean and Sanitar Condition . v� ery vTic eeoperating un er t is ordinance s all a vacuume or swept out at least daily and exterior shall be washed at least once each week . Vehicles operating under this ordinance are subject to safety inspections at any time by any member of the Police Department of the City . Section 21 . Designation of Taxicabs . Each taxicab shall bear on the outside of each rear door , in painted letters not less than four ( 4 ) inches , the name of the cab company and a num- ber to be selected by the Chief of Police ; and , in addition , shall bear an identifying design approved by the Chief of Police . No vehicle covered by the terms of this ordinance shall be licensed whose color scheme , identifying design , monogram , or insignia to be used thereon shall , in the opinion of the Chief of Police conflict with or imitate any color scheme , identifying design , monogram , or insignia used on a vehicle or vehicles already operating under the ordinance , in such a manner , as to be misleading or tend to deceive or defraud the public ; and provided further , that if , after a license has been issued for a taxicab hereunder , the color scheme , identifying design , mono - gram , or insignia used by any other person , owner or operator , in such a manner as to be misleading or tend to deceive the pub - lic , the license of or certificate covering such taxicab or taxicabs shall be suspended or revoked . Section 22 . Rates of Fare - Zone Rates . No owner or driver of a taxicab operating under this ordinance shall charge a greater sum for the use of a taxicab than in accordance with the following rates : a . Thirty - five cents ( $ . 35 ) for taxicab service within the first zone , twenty - five cents ( $ . 25 ) within and between each of the zones in addition to the first zone all as described and defined in the plat of such zones attached hereto and made a Dub 847 FAGF 948 part hereof . Said plat shall be maintained in the office of the City Clerk . The number of zones within which service has been rendered shall be computed by the straight line distance between the point of departure and the point of destination . In case of doubt as to the amount of fare resulting from the application of the provisions of this section ( including situations where the exact location of a zone boundary may be in dispute ) , the lower fare shall apply . Provided , however , that the minimum charge for any passenger shall be sixty cents ( $ . 60 ) . b . Waiting time : Ten cents ( $ . 10 ) for each minute of wait - ing time or fraction thereof . Provided , however , that the first two minutes of waiting time shall be without charge . C , Trunks : Two dollars ( $ 2 . 00 ) for each trunk or other large item . d . Hand Baggage and Parcel : There will be a twenty - five cent ( $ . 25 ) charge for each handbag or package requiring handling by the driver . There will be a ten cent ( $ . 10 ) per bag charge for grocery bags handled by the driver . Every taxicab operated under this ordinance shall have a rate card of a type and size approved by the City Manager setting forth the authorized rates and a plot of the zones which rate card and plot shall be displayed in such a place as to be in full view of all passengers . Section 23 . Receipts . The driver of any taxicab shall upon demand by the passenger render to such passenger a signed receipt for the amount charged , either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the taxicab company , the number of the taxicab , amount of charges , and date and time of transaction . Section 24 . Refusal of Passen ers to Pa Le al Fare . It shall be unlawful or any person to refuse to pay t e legal fare of any of the vehicles mentioned in this ordinance after having hired the same , and it shall be unlawful for any person to hire any vehicle herein defined with intent to defraud the person from whom it is hired of the value of such service . Section 25 . Acceptance and Discharge of Passengers . a . Additional Passen ers . No driver shall permit any other person to occupy or ri e in said taxicab , unless the person or persons then employing the taxicab shall consent to the acceptance . An additional charge of twenty - five cents ( $ . 25 ) may be made for each passenger who is more than six ( 6 ) years of age and who is going to the same destination and is a member of a business or GEED 847 PAGE949 social group on a joint mission with the person paying the fare . Additional passengers who are not going to the same destination or who are not members of a business or social group on a joint mission with the person paying the fare shall be charged the full legal fare mentioned in this ordinance . b . Restriction on Number of Pasers . No driver shall permit more persons to e carrie insa te ]axicab as passengers than the rated seating capacity of this taxicab as defined by the vehicle manufacturer . A child under six ( 6 ) years of age shall not be counted as a passenger when accompanied by an adult . C . Refusal to Carry Orderly Passengers Prohibited . No driver shall refuse or neglect to convey any orderly person or persons , or any person. or persons accompanied by a seeing eye dog , or a seeing eye dog upon request , unless unable or forbidden by the provisions of this ordinance to do so . d . Prohibitions of Drivers . It shall be a violation of this ordinance for any river o a taxicab to solicit business for any hotel or motel , or to attempt to divert patronage from one hotel or motel to another . Neither shall such driver engage in selling intoxicating liquors or use his vehicle for any illegal purpose . e . Passengers Without Fare Prohibited . No driver shall permit any person to e carried-in a taxicab as a passenger with - out payment of the legal fare mentioned in this ordinance . Section 26 . Taxicab Service . All persons engaged in the taxicab business in the City of Fayetteville operating under the provisions of this ordinance shall render an overall service to the public desiring to use taxicabs . Holders of certificates of public convenience and necessity shall maintain a central place of business and keep the same open twenty - four hours a day for the purpose of receiving calls and dispatching cabs . They shall answer all calls received by them for services inside the corporate limits of Fayetteville as soon as they can do so and if said services cannot be rendered within a reasonable time they shall then notify the prospective passengers how long it will be before the said call can be answered and give the reason therefore . Any holder who shall refuse to accept a call any - where in the corporate limits of Fayetteville at any time when such holder has available cabs , especially during inclement weather , or who shall fail or refuse to give overall service , shall be deemed a violator of this ordinance and the certificate granted to the holder may be revoked pursuant to the provisions of Section 9 of this ordinance . Provided that any vehicle oper - ated under the provisions of this ordinance shall be equipped with snow tires and/ or chains when required by weather conditions . aEto 8 X7 PAct 950 Section 27 . Manifests . Every company shall maintain a daily manifest uponn wiRiTE�are recorded all trips made each day , showing the time and place of origin and destination of each trip and amount of fare . The forms for each manifest shall be of a character approved by the Chief of Police . Every holder of a certificate of public convenience and necessity shall retain and preserve all manifests in a safe place for at least the calendar year next preceding the current calendar year , and said manifests shall be available only to the City Police Department or through valid legal process . Section 28 . Adv�ertis�inSubject to the rules and regula - tions of the Chief of Pow it shall be lawful for any person owning or operating a taxicab or motor vehicle for hire to permit advertising matter to be affixed or installed in or on such taxicab or motor vehicle for hire . Provided that the driver ' s vision is not obscured and that said advertising matter is limited to one sign located on the rear of the vehicle . Section 29 . Police Department - Duty toEnforce Ordinance . The Police Department of the City of Fayettevi is hereby given the authority and is instructed to watch and observe the conduct of holders and drivers operating under this ordinance . Upon discovering a violation of the provisions of this ordinance , the Police Department shall report the same to the City Attorney , which will order , or take appropriate action . Section 30 . Penalty . Any person violating any of the pro - visions of this or ind ante shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding twenty five ( 25 ) dollars . Each occurence and each day ' s continuance shall be considered a separate offense . Section 31 . Severability . Each of the provisions of this ordinance are severable , andiif any provision shall be declared to be invalid , the remaining provisions shall not be affected but shall remain in full force . and effect . Section 32 . Repealing Provision . All ordinances or parts of ordinances in conflict wit this ordinance , including spe - cifically Article 2 of Chapter 20 of the Code of Ordinances , Fayetteville , Arkansas , are hereby repealed . o� Ec 847 PA 951 PASSED AND APPROVED THIS _ DAY OF aalj , 1923- . APPROVED : �� .,4-/ O2t MAYOR ATTEST : yamg CERTIFICATE OF RECORD STATE OF ARI3tN,^- g I Washin-ton co,mty SS. I, Alma L. K;.11.ney.r, Circuit Clerk and Ex-Officio Record7r for Washin-ton Canty, do hero) cer:ifv ;hat t y ha ann_xod , riore- of-- inscru.ncnt was fi;eu for re :ord in m of-- �7� � Y of ice on the � day 190 at 2 07ockPQ, and the same_ is duly ss r;;ad in (_record �y tq/�/o Witness i..y hard and seal this —�at page �ay of Qb� ; / 13� MA Circuit Clerk Clerk and Ex01'11410 Recorded BY '1� ••� Deputy cler—k DEED H x / PAGE 952 a CERTWICATE OF AmOR5 'State of Av` : . 111 ( SS City of i ^ ' y • City Clerk and of Fayetteville, do her .� or fore- C goiuf. f "C ! !'Ile sIIMC ay- years Land and sea y of CThg Clerk and EX-Orficio itecorder CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I , HELEN YOUNG , City Clerk within and for the City of Fayetteville , Arkansas , do hereby certify that the annexed and foregoing isa true and correct copy of the Fayetteville , Arkansas , therein set forth , 7(l�and s� the same --��is as it appears of Record in I69&17amrQ 44k zl t;C j Volume at Page /, o�, thereof . iS5 /60, /6/ IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal this led, day of 1 fArt , l:9 93 I ` CITY QYERK DEED 847 PAGE 953 I