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HomeMy WebLinkAboutOrdinance 2716 '` ORDINANCE NO . d 7 q TGi� s'/ SCD 40. oGTon��G^T / - AN ORDINANCE AMENDING CHAPTER 20 , ARTICLE II OF THE -. '. �q s FAYETTEVILLE CODE OF ORDINANCES TO AMEND THE CITY ' S TAXICAB REGULATIONS . BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That Sec . 20 - 17 of the Fayetteville Code of Ordinances is hereby amended to read as follows : No person shall operate or permit a taxicab owned , leased 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 Fayetteville Public Transit Board . Said Board shall consist of seven ( 7 ) members appointed by the Fayetteville Board of Directors for the purpose of administering the provisions of this article and making recommendations to the Board of Directors regarding public transit . Until such appointment , the Board of Directors shall serve as the Public Transit Board . Section 2 . That Sec . 20 - 18 of the Fayetteville Code of Ordinances is hereby amended by adding paragraphs (g) and (h ) to read as follows : ( g ) The hours between which the applicant proposes to provide taxicab service to the general public ; and the days , if any , on which the applicant does not propose to provide taxicab service to the general public . (h) The rate schedule which the applicant proposes to use to charge passengers . Section 3 . That Sec . 20 - 20 of the Fayetteville Code of Ordinances is hereby amended by substituting the term " Public Transit Board" for the term " Board of Directors " as used therein and by adding the following to paragraph ( a) : The Public Transit Board shall deny any application in which the proposed hours of service or the proposed rate schedule are found to be unreasonable to meet the public need . Section 4 . That Sec . 20 - 24 of the Fayetteville Code of Ordinances is hereby amended by substituting the term "Public Transit Board" for the term " Board of Directors " as used therein . Section 5 . That Sec . 20 - 33 . 4 of the Fayetteville Code of Ordinances is hereby repealed . Section 6 . That Section 20 - 33 . 7 (a) of the Fayetteville Code oo O��nces is hereby repealed and Sections 20 - 33 . 7 (b ) - ( e ) are hereby designated as Sections 20 - 33 . 7 ( a ) - ( d ) respectively . Section 7 . That Sec . 20 - 33 . 8 of the Fayetteville Code of Or ina��s hereby amended to read as follows : All persons engaged in the taxicab business in the City of Fayetteville operating under the provisions of this article shall render an overall service to the public desiring to use taxicabs . Such service may be ® 1037 987 f f - 2 - a " shared ride" taxicab system where the consent of passengers is not needed to pick up or discharge additional passengers , nor to choose the route taken by the vehicle ; or , such service may be an " exclusive - ride" taxicab system providing door - to - door service in which the party hiring the vehicle has exclusive use of the vehicle and may direct the vehicle ' s route and destination . Holders of certificates of public convenience and necessity shall answer all calls received by them during the ours of operation specified on the holder ' s application 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 call can be answered and give the reason for the delay . Any holder who shall refuse to accept a call anywhere in the corporate limits of Fayetteville at any time when such holder has available cabs , shall be deeded in violation of this article . Any vehicle operated under the provisions of this article shall be equipped with snow tires or chains when required by weather conditions . Section 8 . The Board of Directors hereby determines that the City s present taxicab regulations are ineffective ; that effective regulation of the taxicab business is essential to the public welfare ; and that the passage of this ordinance is necessary to effectively regulate the taxicab business . Therefore , an emergency is hereby declared to exist and this ordinance being necessary for the public welfare shall be in full force and effect from and after its passage and approval . PASSED AND APPROVED this din day of 1981 . APPROVED : U AY lT f'^*a.'. MAYO O� :.CE/� jee4 fi 2, Lzte GE1Z1`1riGATR O( RL UR SS Arlansas l '• ,,' State P City fr'•Ycitovill t C,,erkanclLxOficce. G: Y eville Vivi n l�oe to City of r.ay,_tt foregoing i3 I al for i ap- tl:e d o.' record tl at the at ev Ancl the sn="e by ce;tifY offic , tution book of recordO dinance R� n fitness MY CERTIFICATE OF RECORD pears of �at page ay STATE OF ARKANSAS ) SS. ] this 19 Washington county ) hand and sea a er0l:(1 I, Alma L. Kollmeyer, circuit Clerk certind EXfy that the annexed or foyer Ultltr� nd Ex_pfficio Washington County, do hereby Cit', clerk a going instrument was filed for record in my QQoffice on tha�—day gMatfLy�•clockFFNI, and the same is of duty record din recorc[:R - atpage 7 1991 Witness my hand and seal thi day of n Circuit Clerk and ®1.03'7 Ex-Of ' io Record 3 983 J v By Deputy Clerk STATE of ARKANSAS ea. county o1�f�Wf ruGhl�ng� +fes.► Washington It 0y� ^ ` " • ' -� `' /i — - hereby certify that I ORDINANCE NO.2719 Fayetteville Cade or OrdmancowlsaID the Publisher of THE NORTHWEST ARKANSAS TIMES, a daily AN ORDINANCE AMENDING hereby amended by adding CHAPTER 70, ARTICLE II OF THE paragraphs (g) , and W m ss read as newspaper having a second clan mailing .privilege, and being not less than ET FAYEVILLE CODE OF OR- Idlows: DINANCES TO AMEND THE CITY'S I91 The hours between which the ape tow pages of five columna each, published at a fixed place of business an s TAXICAB REGULATIONS. - pliant proposal to po.ide taxicab a fixed (daily) Intervale continuously in the City of Fayetteville, County of BE IT ORDAINED BY THE BOARD service to the generalwwie: and the OF DIRECTORS OF THE CITY OF days, B any, on which me applicant Washington, Arkansas for more than a period of twelve months, circulated FAYETTEVILLE. ARKANSAS: does not propose to provide taxicab and distributed from an established place of business to subscribers and Section 1. That Sec. 1x17 of the " servin b the general public. Fayettevi le Code of Ordinances is Ni The rate schedule which the ape readers generally of all classes In the. City & County for a definite price for hereby amended to reads follows: pficant proposes to use a charge each copy, or a fixed price per annum, which price was fixed at what Is No person shall operate in permit a Pauengtes. taxicab owed, leased or controlfed by Section S. That Sec, W20 Of the considered the value of the publication, based upon the news value and him to be operated as a vehicle for hire Fayetteville Code of Ordinances is service value It COnta1DS, that at least fifty percent of the . subscribers upon the streets of the City of Faye. hereby amended by substituting the tevme without having first obtained a tern, "Public Transit Board" for the thereto have paid cash for their subscriptions to the newspaper or its agents Certificate of Public Convm once and' Term "Board of Directors" as used Neeeseily Tann the Fayetteville Publicl therein and by adding the following to or through recognised news dealers Over a period Of at least six months: Transit Swrd. Said Bwrd shall mo-1 paragraph w: . and that the said newspaper publishes an average of more than forty percent sial of seven l71 membra appointed by The Public Teamit Beard shall deny ¢sous matter. Use Fayeltev...e Board d Directors for any applicalms in which tie proposed the purpose of administering the prowl' hours of service or the proposed rate . stuns d this article and making teems- ' schedule are farad to be mueawwble I further .certify that the legal notice 'hereto attached In the matter of mendations to the Beard of Directors m meet the public need. regarding public transit. Until ouch ap . Section 1. That See. TP14 of the shall sere nue the of Directors Fayetteville Cede d Ordinances e ry ,1 _ n I I _ plant serve as the Public rTramitectum hereby amended by w r inane tiro lAY\'1 ` \ 1 Beard. : lean "Public Transit Board" fee the SMUM 1. That Sec. 1019 of the I tens "Board d Dsecton" a used . herein. Sectiw s. That See. 20x3.4 d the was published In the regular daily issue of said newspaper for Feayetteville Cade d Ordirurces u Qeby repealed, consecutive insertions as follows: Section A. That Section 2477.71a) d the Fayetteville Code of Ordimnm u hereby repealed and Sections 2003.7 The first insertion on. the day of 18 (b) - (e) are hereby designated a Sec. I tial 2003.71 an W respectively. Section 7. That Sec. 70-37.8 of the the second insertion on the day of 18 Fayetteville Code of Ordinance is terahy emended to read a fdbws; Ill All Persons engaged in the taxicab the third insertion on the day Of bume1li in the City of Fayetteville operstir�gg under the provishas d this . article dart render an overall service and the fourth Insertion on the dsv of to the public desiring to care taxicabs. Such service may be a "Shared ride" ' I taxicab system where the consent of Passengers is not needed to pick the w discharge additional passengers, non to choose the Mrs taken by the vehi- cle: w, . such service may be an "eitctuaivo- de" taxicab system PPb Sworn to and subscribed before me on this day of vidthe p party hiring t service N wAft. Ne party a of the heckle las ay C U elusive used the vehicle and may direct the vehicle's route and destina- - tioa Hdden of certificates d public imv an calls and dby necessity shell ins theAII— ao raps received by them during the -� homeoperation or sctfied w the —� No Public Adder'ss application for avirn inside the CWPMWclimitsd andy.eif mid a soon as they t be ren ered within a ' vices caned he any shad enrols My CommiesW¢ . thesoraDle nose, they alta nen notify -p11r� Chep a bpetivee calls show bog it will be before the call r the emwerny - JtJ II ZS and give the ream for the delay. MY bower who shelf refine taW Iona of Fayetteville a the y time when h Fayeflevas v any time when soca t Adder in available " a shell ny .Fees for Printing deeded N violation d thin article. Any vehicle opvatad undo the Provlsiore ` of this article shelf be a*dpped with Cost of Proof L snow area mr choirs whm required by . . I weatherconditiom. Section I. The Board of Directors TOW hereby determines that the City's pre- ' sent taxicab regdatioes are ineffec- I are; that effective reg latim of the taxicab business is mental to the public weiram; and that the passage of this ordinance is necessary to effee- tively regulate Ne taxicab business.. Therefore, an emergency Is hereby declared toexist and this wdimenee be- . ing necessary fou the public welfare shall be in full force and effect from and after itS passage and approval. A Passed M Approved this 21st day of APPROVED:. . JOHN TODD ATTEST: MAYOR VfKOEITEL CITY CLERKK ,. ,. Ile 10 .. � .. . .