HomeMy WebLinkAboutOrdinance 3931 ORDINANCE NO. 3931
AN ORDINANCE REQUIRING A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO OPERATE A NON-
MOTORIZED PASSENGER TRANSPORT SERVICE IN THE
CITY OF FAYETTEVILLE; REQUIRING A NON-
MOTORIZED PASSENGER TRANSPORT VEHICLE
DRIVER'S PERMIT TO OPERATE A NON-MOTORIZED
PASSENGER TRANSPORT VEHICLE FOR HIRE UPON THE
STREETS OF THE CITY OF FAYETTEVILLE; PROVIDING
CERTAIN REQUIREMENTS FOR THE USE OF HORSES IN
THE OPERATION OF THE NON-MOTORIZED PASSENGER
TRANSPORT VEHICLE; AND MISCELLANEOUS
REQUIREMENTS FOR THE OPERATION OF THE NON-
MOTORIZED PASSENGER TRANSPORT SERVICE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . STATEMENT OF POLICY . It is the policy of the City of Fayetteville
to provide for and promote adequate and efficient non-motorized passenger transport service
in the City . To this end, this ordinance provides for the monitoring of non-motorized
passenger transport rates and services, to be carried out in a manner that protects the public
health and safety, promotes the public convenience and necessity, provides humane treatment
to animals and respects the concept of free enterprise.
Section 2. DEFINITIONS.
Driver. An individual who operates a non-motorized passenger transport vehicle.
Holder. A person who is granted a certificate of public convenience and
necessity ' under this ordinance to provide non-motorized passenger transport
service in the City .
Horse. Any member of the Genus Equus or any hybrid thereof.
Non-Motorized Passenger Transport Vehicle. Example: a horse-drawn carriage.
Non-Motorized Passenger Transport Service. The business of offering or
providing transportation of persons for hire in any non-motorized passenger
transport vehicle when:
(a) a driver is furnished as part of the service; and
(b) the service is offered only in accordance with a preapproved route.
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Ordinance No .
Non-Motorized Passenger Transport Vehicle Driver's Permit. A permit
issued to an individual by the Chief of Police to operate a non-motorized
passenger transport vehicle for hire in the City.
Operate. To drive or to be in control of the non-motorized passenger transport
vehicle.
Permittee. An individual who has been issued a non-motorized passenger
transport vehicle driver's permit under this Ordinance.
Person. An individual, corporation, government or governmental subdivision,
or an agency, trust, partnership, or two or more persons having a common
economic interest.
Preapproved Route. Non-motorized passenger transport service operating on
a predetermined schedule with fixed pickup and destination points located on a
route approved by and on file with the traffic superintendent.
Section 3 . CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY.
A . No person shall operate a non-motorized passenger transport service
within the City without fust obtaining a current certificate of public convenience
and necessity from the public transit board established by Section 117 . 31 of the
Code of Fayetteville.
B. To obtain a certificate of public convenience and necessity for a non-
motorized passenger transport service, a person who owns, controls or operates
a proposed non-motorized passenger transport service, must submit a proposal
which shall be verified and contain the following information:
1 . A statement of the type of non-motorized passenger transport
service for which application is made;
2 . The form of business of the applicant; if the business is a
corporation or association, a copy of the documents establishing the business and
the name and address of each person with a direct interest in the business;
3 . The name, address, and verified signature of the applicant;
4. A description of any past business experience of the applicant,
particularly in providing passenger transportation service;
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Ordinance No . 3931
5 . The number and description of vehicles the applicant proposes
to use in the operation of the service, including year, make, model ,
manufacturer's rated seating capacity, and state license registration number for
each vehicle;
6. The number of horses the applicant proposes to use in the
operation of the service with a description or photograph and a state certificate
of veterinarian inspection for each horse;
7. A description of the proposed service, including routes, rates
or fares to be charged, and schedules, where applicable;
8 . Documentary evidence from an insurance company indicating
a willingness to provide liability insurance as required by this chapter;
9. Such additional information as the applicant desires to include
to aid in the determination of whether the requested operating authority should
be granted; and,
10. Such additional information as may be determined to be
necessary to assist or promote the implementation or enforcement of this
ordinance or the protection of the public safety .
C. In deciding whether to issue or deny an application for a certificate
of public convenience and necessity to operate a non-motorized vehicle, the
public transit board shall consider, but not be limited to, the following:
1 . Whether the public convenience and necessity requires the
proposed service;
2 . Whether the applicant has complied with all requirements of
this ordinance for providing the service applied for;
3 . The current safety record of the applicant, and the previous
safety record, if the applicant has operated a passenger transportation service in
the past;
4. Number and description of vehicles authorized;
5 . Number and description of horses to be used;
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Ordinance No .
6. Number of passengers that may be safely transported in each
vehicle based on the size of the vehicle and the type of horse pulling the vehicle;
7 . customers to be served;
8. places for loading or unloading passengers;
9. hours of operation;
10. schedules and routes to be followed;
11 . rates to be charged;
12. the use of special safety equipment;
13 . the use of special sanitary devices and special care procedures
for horses; and,
14. special conditions or limitations.
D. The public transit board shall issue a certificate of public convenience
and necessity to the applicant, if it is determined that:
1 . the applicant has complied with all requirements for issuance
of the certificate;
2. the public convenience and necessity require the operation of
the proposed service; and,
3 . the applicant has not made a false statement as to a material
matter in an application for a certificate.
E. If the public transit board determines that the requirements set forth
hereinabove have not been met, the public transit board shall deny the certificate
Section 4 . ROUTE APPROVAL.
A . All routes shall be approved by the City's Traffic Superintendent.
B. Approval of temporary changes in authorized routes and hours of
operation or for special occasions (i.e. weddings, parades, festivals, etc), of a
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Ordinance No , 3931
non-motorized passenger transport service must be requested from the traffic
engineer at least three business days before being implemented.
Section 5 . NON-MOTORIZED PASSENGER TRANSPORT VEHICLE DRIVER'S
PERMIT.
A. No person shall operate a non-motorized vehicle for hire upon the
streets of the City and no person who owns or controls a non-motorized vehicle
shall permit it to be so driven, and no non-motorized vehicle licensed by the city
shall be so driven at any time for hire, unless the driver of said non-motorized
vehicle shall have first obtained and shall have then in force a non-motorized
vehicle drivers permit issued under the provisions of this ordinance.
B. 1 . An application for a non-motorized vehicle driver's permit
shall be filed with the Chief of Police on forms provided by the City and such
application shall be verified under oath and shall contain the following
information:
a. the names and addresses of four residents of the
county, who have known the applicant for a period of one year
and who will vouch for the sobriety, honesty, and general good
character of the applicant; and,
b. a concise history of his/her employment.
C. The police department shall conduct an investigation of each
applicant for a non-motorized passenger transport 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.
D. The Chief of Police shall, upon consideration of the application and
the reports required to be attached thereto, approve or reject the application. If
the application is rejected, the applicant may request a personal appearance
before the Mayor to offer evidence why his application should be reconsidered.
E. 1 . Upon approval of an application for a non-motorized
passenger transport vehicle driver's permit, the Chief of Police shall issue a
permit to the applicant which shall bear the name, address, age, signature and
photograph of the applicant.
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Ordinance No . 1q '11
2. Such permit shall be in effect for the remainder of the
calendar year. A permit for every calendar year thereafter shall be issued upon
the payment of $2.00 unless the permit for the preceding year has been revoked.
F. When a driver's permit is issued, the application and supporting
information shall be returned to the holder of the certificate of public
convenience and necessity to be held by the certificate holder so long as the
driver is employed by the certificate holder.
Section 6. DISPLAY OF PERMIT. Every permittee under this ordinance shall post
his driver's permit in such a place as to be in full view of all passengers while the driver is
operating a non-motorized passenger transport vehicle.
Section 7 . INSURANCE REQUIREMENTS .
A. A holder shall procure and keep in full force and effect commercial
general liability insurance written by an insurance company approved by the
State of Arkansas and acceptable to the City and issued in the standard form
approved by the State Board of Insurance. All provisions of the policy must be
acceptable to the City. The insured provisions of the policy must name the City
as additional insured and the coverage provisions must provide coverage for any
loss or damage that may arise to any person or property by reason of the
operation of a non-motorized passenger transport service by the holder.
B . The commercial general liability insurance must provide combined
single limits of liability for bodily injury and property damage of not less than
$1 ,000,000.00 for each occurrence, or the equivalent, and include coverage for
premises operations, independent contractors, products/completed operations,
personal injury, contractual liability, and medical payments. Coverage for
medical payments must include a minimum limit of $5,000.00 per person.
Aggregate limits of liability are prohibited.
C . Insurance required under this section must include:
1 . A cancellation provision in which the insurance company is
required to notify the City in writing not fewer than 30 days before cancelling,
failing to renew, or making a material change to the insurance policy; and,
2. A provision to cover all vehicles, whether owned or not
owned by the holder, operated under the holder's certificate of public
convenience and necessity .
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Ordinance No ,
D. No insurance required by this section may be obtained from an
assigned risk pool.
E. A certificate of public convenience and necessity will not be granted
or renewed unless the applicant or holder furnishes the City with such proof of
insurance as the City considers necessary to determine whether the applicant or
holder is adequately insured under this section.
F. If the insurance of a holder lapses or is cancelled and new insurance
is not obtained, the certificate of public convenience and necessity shall be
suspended until insurance coverage required by this section has been obtained.
A person shall not operate a passenger transportation service while the certificate
is suspended under this section.
G. The Holder shall provide adequate employer's liability insurance for
the employees as provided by law.
Section 8 . CONDUCT OF DRIVERS. A driver shall at all times:
1 . Act in a reasonable, prudent, and courteous manner;
2. Maintain a sanitary and well-groomed appearance;
3 . Not inhale or consume an alcoholic beverage, drug, or other
substance that could adversely affect the driver's ability to operate a non-
motorized passenger transport vehicle;
4. Not permit a person other than another employee of the non-
motorized passenger transport service to operate a vehicle under the driver's
control;
5 . Not permit a person on the back of a horse when under the
driver's control;
6. Not leave a horse untethered and unattended except when
confined to a stable or other enclosure;
7. Not permit a horse to drop excrement from its diaper; and,
8 . Keep all carriage stands clean and free of animal excrement.
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Ordinance No , -44-11
Section 9. HORSES, VEHICLES, AND EQUIPMENT.
A. Horses.
1 . Before any horse may be used in a non-motorized passenger
transport service, the holder must furnish the animal services director with:
a. A state certificate of veterinarian inspection
with a photograph of the horse showing identifying markings of
the horse and showing that the horse has been examined at least
once within the preceding three months by a veterinarian licensed
by the State of Arkansas who specializes in equine medicine; and,
b. Proof that the horse has had tetanus, rabies,
and Eastern-Western encephalitis vaccinations; further, proof of
a negative coggins test must be submitted annually.
2. A horse used in a non-motorized passenger transport service
must:
a. Be appropriately shod to work on paved streets;
if a horse loses a shoe while working, an "eazy" type boot may
be used to finish the scheduled work day;
b. Not have any open wound, oozing sore, cut
below skin level or bleeding wound;
c. Not have evidence of lameness, such as but not
limited to head bobbing or irregular rhythm;
d. Be offered not less than five gallons of drinking
water at least every two hours;
e. have at least a 10-minute rest period after every
50 minutes worked;
f. Not work longer than six hours in a 24-hour
period with a minimum of 12 hours rest;
g. Have all harnesses properly fitted and in good
repair with no deficiencies that could reasonably be deemed a
safety hazard;
Page 9 3931
ordinance No .
h. Be properly cleaned with no offensive odors or
caked dirt or mud;
i . Wear a special sanitary device for containing
animal excrement;
j . Not work when the outside temperature exceeds
90 degrees Fahrenheit, or the thermal heat index exceeds 110;
and,
k. Be examined at least once every three months
by a veterinarian licensed by the State of Arkansas who
specializes in equine medicine and receive a state certificate of
veterinarian inspection, which must be submitted to the Animal
Services Director.
3 . The Animal Services Director may require the holder or driver
of a horse-drawn carriage to remove from service any horse that appears to be
ill, overtired, undernourished, overloaded, injured, or lame or whose health or
life, in the opinion of a veterinarian or qualified equine animal horse control
officer, is in imminent danger. To reinstate a horse removed from service, the
horse must be re-examined and a new state certificate of veterinarian inspection
issued for the horse by a veterinarian licensed by the State of Arkansas and
specializing in equine medicine, which certificate must be submitted to the
Animal Control Officer.
4. A holder and driver shall use a trailer to transport a horse to
a job location in the City that is more than two miles from the location where
the horse is stabled.
S . For purposes of this section, a horse is considered to be
working any time it is on the public street or sidewalk, or other public right-of-
way, during any hour of operation of the non-motorized passenger transport
service that is authorized by and on file with the traffic superintendent.
B. Vehicle Inspection and Maintenance.
1 . Each vehicle shall comply with all the safety requirements
imposed by all state, federal or local laws applicable to the vehicle involved.
C. Required Equipment.
Page 10 3931
Ordinance No .
1 . A holder or driver shall , at all times, provide and maintain in
good operating condition the following equipment for each non-motorized
passenger transport vehicle :
a. head lights;
b. taillights;
c. flashing lights;
d. an approved braking system;
e. rubber on all wheels;
f. a "slow moving vehicle" sign attached to the
rear of the vehicle;
g. evidence of insurance;
h. a copy of this chapter of the Code of Fayetteville; and,
i . the company name and a unit number
conspicuously located on the rear of the vehicle in letters not less
than two inches high.
Section 10 . TRANSFER OF CERTIFICATE. No certificate of public convenience
and necessity may be sold, assigned, mortgaged, or otherwise transferred without the consent
of the Public Transit Board.
Section 11 . LICENSE FEES. No certificate shall be issued or continued in operation
unless the holder thereof has paid an annual license fee of $100 for the right to engage in the
non-motorized vehicle business and $3 .00 each year for each vehicle operated under a
certificate of public convenience and necessity. The 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 the holder or the vehicle or vehicles under this operation and control .
Section 12 . SUSPENSION, REVOCATION OF CERTIFICATE.
A. A certificate issued under the provisions of this subchapter may be
revoked or suspended by the Public Transit Board if the holder thereof has:
Page 11
Ordinance No , 1931
1 . Violated any of the provisions of this subchapter;
2. Discontinued operations for more than 20 days; and,
3 . Violated any ordinances of the city, or the laws, federal or
state, the violations of which reflect unfavorably on the fitness of the holder to
offer public transportation.
B. Prior to suspension or revocation, the holder shall be given notice of
the proposed action to be taken and shall have an opportunity to be heard.
Section 13 . ADA . Holder shall comply with all applicable provisions of the
American with Disabilities Act.
Section 14. ENFORCEMENT. The Police Department is hereby given the authority
and is instructed to watch and observe the conduct of holders and drivers operating under this
subchapter. Upon discovering a violation of the provisions of this subchapter, the Police
Department shall report the same to the City Attorney, who will order or take appropriate
action.
PASSED AND APPROVED this 3rd day of October 1995 .
APPROVED:
By :
red Hanna, Mayor
ATTEST:
By:
Traci Paul, City Clerk
_ - /1�1 , y1vp�_ 39 3
ORDINANCE NO: 3937 Operate. To drive or to be in V
control of the non-motorized
AN ORDINANCE OF U Lpassenger transport vehicle. MICROFILMS 6u '' l.v ✓
A CERTIFICATE OF PUBLIC
C
CONVENIENCE AND NECES. Permittee. An individual who
SITY TO OPERATE A NON. has been issued a non-motor- STATE OF ARKANSAS SE? Z 9 - 7 `
MOTORIZED PASSENGER ized passenger transport vehi. , ,
TRANSPORT SERVICE IN cle driver's permit under this .5.5.
THE CITY OF FAYETTEVILLE; I Ordinance. nn.T-f r
REQUIRING A NON-MOTOR- County of Washington
]ZED PASSENGER TRANS- Person. An individual, corpora.
PORT VEHICLE DRIVER'S tion, government or govern.
PERMIT TO OPERATE Al mental subdivision, or an agen-
NON-MOTORIZED PASSEN- cy, trust, partnership, or two or I , RANDALL COPE, hereby certify that I am the publisher of THE
FORT HIIREPOUPON VEHICLE
mon economicsirteest. a corn- - NORTHWEST ARKANSAS TIMES, a daily newspaper having a second
STREETS OF THE CITY OF
FAYETTEVILLE; PROVIDINGPreapprovetl Route. Non-mo-
class mailing privilege, and being not less than four pages of five
'
CERTAIN REQUIREMENTS . torized passenger transport columns each, published at a fixed place of business and at fixed (daily)
FOR THE USE HORSES i service operating on it pride-
IN THE OPERATION OF THE terminetl schedule with fixed intervals continuously In yy g Intlti ) the Cit of Fayetteville, Count of Washington,
NON-MOTORIZED PASSEN- pickup and destination points Arkansas for more than a period of twelve months, circulated and
I GER TRANSPORT VEHICLE; , located on a route approved by
AND MISCELLANEOUS RE- and on file with the traffic su- distributed from an established place of business to subscribers and
ERATIO ENTS FOR THE OP- perintendent. readers generally of all classes in the City and Count for a definite rice
QUIRE NOF THE NON-MO- I g y `J Y P
TORIZED PASSENGER -tion CERTIFICATE OF for each copy, or a fixed price per annum, which price was fixed at what
TRANSPORT SERVICE. PUBLIC CONVENIENCE AND
NECESSITY. is considered the value of the publication, based upon the news value
BE IT onoAlNEo BY THE
CITY COUNCIL OF THE CITY A. No person shall operate a and service value it contains, that at least fifty percent of the subscribers
CI
OF FAYETTEVILLE, ARKAN- non-motorized passenger thereto have paid for their subscriptions to the newspaper or its agents
SAS: transport service within the City
without first obtaining a current or through recognized news dealers over a period of at least six months
Section 1 STATEMENT OF certificate of public conven- and that the said newspaper publishes an average of more than forty
POLICY. It is the policy of the ience and necessity from the
City of Fayetteville to provide t public transit board established
percent news matter.
for and promote adequate and by Section 117.31 of the Code
. efficient non-motorized passen- of Fayetteville. -
ger transport service in the City.
vi this end, this ordinance pro. B.public
To obtain a certificate of I fU her certify that the legal notice attached in the matter of
. vides for the monitoring of non- ' public convenience and neces-
ratesand passenger transport sen for anon-motorized pas- �� ���
rates and services, r t be car- singer transport service, a per. 1r'SllA .l-JG
ried out in a manner that pro- son who owns, controls or op-, -
tects the public health and safe- erates a proposed non-motor- I
ty. promotes the public conven- ized passenger transport sere.
ience and necessity, provides ice, must submit a proposal was published in the regular daily issue of said newspaper for
humane treatment to animals which shall be verified and con-
i
and respects the concept of r tain the following information: Consecutive insertions as f0110WS:
free enterprise. 3
3 1 . A statement of the type of
Section 2. DEFINITIONS. t non-motorized passenger The first insertion on the 8 ,aO AW day of 19
s transport service for which ap-
Driver. An individual who aper-;, plication is made; -
ates a non-motorized passen-� - the second Insertion on the day of 19 _
ger transport vehicle. 3 2. The form of business of the
3 applicant; if the business is a
Holder. A person who is grant corporation or association, a the third insertion on the day of 19
...ed a certificate of public con- f copy of the documents estab.
venience and necessity under : lishing the business and the
this ordinance to provide non. - name and address of each per. and the fourth Insertion on the day of 19
motorized passenger transport : son with a direct interest in the
'service in the City. business;
Horse. Any member of the Ge- 3. The name, address, and
nus Equus or any hybrid there. verified signature of the appli.
of. cant;
Non-Motorized Passenger 4. A description of any past
Publisher General Manager
Transport Vehicle. Example: a business experience of the ap-
home-drawn carriage. plicant. particularly in providing (�
�
passenger transportation saw- 7N J day Ot
Non-Motorized Passenger ice; Swom to and subscribed before me on this t
Transport Service. The busi-
ness of offering or providing 5. The number and description
' transportation of persons for of vehicles the applicant pro- 19
hire in any non-motorized pas- poses to use in the operation of
senger transport vehicle when: the service, including year,
make, model, manufacturer's
(a) a driver is furnished as part rated seating capacity, and `
of the service; and stale license registration num.
(b) the service is offered only in ber for each vehicle; `("(((`((`��������� r
J JA
accordance with a preapproved r Notary Public
route. 6. The number of horses the < Catherine Sall r
applicant proposes to use in the My Commission Expire
Non-Motorized Passenger operation oPthe service with a t Notary �•
Transport Vehicle Driver's description or photograph and a r
Permit. A permit issued to an state certificate of veterinarian t Washington County
individual D the Chief of Police ins r My Commission Ex iTC8 02,27105
y inspection for each horse; r P /�/1!✓'/
Cooperate a non-motorized
ttQttCCtttCtttttttttttitttK(4C
passenger transport vehicle for 7. r description of the proposed Fees for Printing . .
hire in the City, service, including routes, rates
or fares to be charged, and
schedules, where applicable; Cost Of Proof....... ................... ... .. .... ... .. ... ........ ..$
B. Documentary evidence from
an insurance company indicat- Total.... ................ .... .. ... .. .... .... . ............ ..... .........$ r • �✓
mg a willingness to provide lia-
bility insurance as required by
this chapter;