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
