HomeMy WebLinkAboutOrdinance 4396 ORDINANCE NO. 4396
AN ORDINANCE AMENDING TITLE XI: BUSINESS
REGULATIONS, OF THE CODE OF FAYETTEVILLE, TO PROVIDE
AMENDMENTS TO VARIOUS PROVISIONS REGULATING THE
OPERATION OF NONMOTORIZED PASSENGER TRANSPORT
SERVICES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That §§ 117.80-117.92 of the Code of Fayetteville, are hereby repealed
and Exhibit " A" attached hereto and made a part hereof, is adopted and inserted in their
stead.
PASSED and APPROVED this 21s' day of May, 2002.
APPROVED:
ef
�! By:
R, DAN COODY, Mayo
(/4
A'FTE r
By. J
HEATHER WOODRUFF, Cit Jerk
0
NAME OF FILE: Ordinance No. 4396
CROSS REFERENCE:
05/21/02 Ordinance No. 4396
Exhibit "A" (Amending Title XI: Business regulations, of the Code of
Fayetteville)(Pages 1 -34)
04/29/02 Memo to Gary Dumas, General Services Director, from Jill Hatfield,
Animal Services Superintendent, regarding Revision of Non-Motorized
Transportation Services Ordinance
05/21 /02 Staff Review Form
05/30/02 Memo to Jill Hatfield, Animal Services/General Services, from Heather
Woodruff, City Clerk
NOTES :
A
EXHIBIT "A" 29 Ti
NONMOTORIZED PASSENGER Permittee. An individual who has been
TRANSPORT SERVICES issued a nonmotorized passenger transport
vehicle drivers permit under this
§ 117.80 Definitions. subchapter.
For the purposes of this subchapter, the Person. An individual, corporation,
following words and terms have the government or governmental subdivision,
meaning ascribed thereto: or an agency, trust, partnership, or two or
more persons having a common economic
Driver. An individual who operates a interest.
nonmotorized passenger transport vehicle.
Preapproved Route. Nonmotorized
Handler. An individual who leads and passenger transport service operating on a
controls a pony working as a part of a predetermined schedule with fixed pickup
nonmotorized passenger transport service. and destination points located on a route
approved by and on file with the traffic
Holder. A person who is granted a superintendent.
certificate of public convenience and
necessity under this subchapter to provide § 117.81 Certificate of public convenience
nonmotorized passenger transport service in and necessity.
the city.
(A) No person shall operate a non-
Horse. Any member of the Genus Equus motorized passenger transport service
or any hybrid thereof, including but not within the city without first obtaining a
limited to burros, donkeys, ponies, and current certificate of public convenience and
mules. necessity from the public transit board
established by Section 117.31 of the Code of
Nonmotorized passenger transport vehicle. Fayetteville.
Example: a horse-drawn carriage.
(B) To obtain a certificate of public
Nonmotorized passenger transport service. convenience and necessity for a non-
The business of offering or providing motorized passenger transport service, a
transportation of persons for hire, either in a person who owns, controls or operates a
nonmotorized transport vehicle or on proposed nonmotorized passenger transport
horseback, when: service, must submit a proposal which shall
be verified and contain the following
(1) A driver or handler is furnished as information:
part of the service; and
(1) A statement of the type of non-
(2) The service is offered only in motorized passenger transport service for
accordance with a preapproved route. which application is made;
Nonmotorized passenger transport vehicle (2) The form of business of the
drivers permit. A permit issued to an applicant; if the business is a corporation or
individual by the chief of police to operate a association, a copy of the documents
nonmotorized passenger transport vehicle establishing the business and the name and
for hire in the city. address of each person with a direct interest
in the business;
Operate. To drive or be in physical
control of a nonmotorized passenger (3) The name, address, and verified
transport vehicle. signature of the applicant;
i� a •
30 EXHIBIT "A"
(4) A description of any past business (3) The current safety record of the
experience of the applicant, particularly in applicant, and the previous safety record, if
providing passenger transportation service; the applicant has operated a nonmotorized
passenger transport service in the past,
(5) The number and description of
vehicles the applicant proposes to use in the (4) Number and description of all
operation of the service including year, nonmotorized passenger transport vehicles
make, model, manufacturer's rated seating to be used, where applicable;
capacity, and state license registration
number for each vehicle; (5) Number and description of all horses
to be used;
(6) The number of horses the applicant
proposes to use in the operation of the (6) If nonmotorized passenger transport
service with a description, including age, vehicles are employed, the number of
color, and breed or photograph; and a state passengers that may be safely transported in
certificate of veterinarian inspection for each each vehicle based on the size of the vehicle
horse; and the type of horse pulling it;
(7) A description of the proposed (7) Customers to be served;
service, including routes, rates or fares to be
charged, and schedules, where applicable; (8) Places for loading or unloading
passengers;
(8) Documentary evidence from an
insurance company indicating a willingness (9) Hours of operation;
to provide liability insurance as required by
this chapter; (10) Schedules and routes to be
followed;
(9) Such additional information as the
applicant desires to include to aid in the (11) Rates to be charged;
determination of whether the requested
operating authority should be granted; and, (12) The use of special safety
equipment;
(10)Such additional information as may
be determined to be necessary to assist or (13) The use of special sanitary devices
promote the implementation or enforcement and special care procedures for horses; and
of this ordinance or the protection of the
public safety. (14) Special conditions or limitations.
(C) In deciding whether to issue or deny (D) The public transit board shall issue
an application for a certificate of public a certificate of public convenience and
convenience and necessity to operate a necessity to the applicant, if it is determined
nonmotorized passenger transport service, that:
the public transit board shall consider, but
not be limited to, the following: (1) The applicant has complied with all
requirements for issuance of the certificate;
(1) Whether the public convenience and
necessity requires the proposed service; (2) That public convenience and
necessity require the operation of the
(2) Whether the applicant has complied proposed service; and
with all requirements of this ordinance for
providing the service applied for;
• EXHIBIT "A" 31
(3) The applicant has not made a false b. A concise history of his/her
statement as to a material matter in an employment.
application for a certificate.
(C) The police department shall
(E) If the public transit board conduct an investigation of each applicant
determines that the requirements set forth for a nonmotorized passenger transport
above have not been met, the public transit vehicle drivers permit, and a report of such
board shall deny the certificate. investigation with a copy of the traffic and
police record of the applicant, if any, shall
§ 117.82 Route approval. be attached to the application for the
consideration of the chief of police.
(A) All routes shall be approved by the
city's traffic superintendent. (D) The chief of police shall, upon
consideration of the application and the
(B) Holders shall submit to the city's reports required to be attached thereto,
traffic superintendent all requests for approve or reject the application. If the
temporary changes in authorized routes, application is rejected, the applicant may
hours of operation, or for participation in request a personal appearance before the
special events such as festivals, parades or mayor to offer evidence why his application
weddings, not less than three (3) days before should be reconsidered.
the effective date of the change or event.
(E) (1) Upon approval of an
§117.83 Nonmotorized passenger transport application for a nonmotorized passenger
vehicle drivers permit. transport vehicle drivers permit, the chief of
police shall issue a permit to the applicant
(A) No person shall operate a which shall bear the name, address, age,
nonmotorized passenger transport vehicle signature, and photograph of the applicant.
for hire upon the streets of the city, and no
person who owns or controls a (2) Such permit shall be in
nonmotorized passenger transport vehicle effect for the remainder of the year. A
shall permit it to be so operated, and no permit for every calendar year thereafter
nonmotorized passenger transport vehicle shall be issued upon the payment of $2.00
licensed by the city shall be so operated at unless the permit for the preceding year has
any time for hire, unless the driver of said been revoked.
vehicle shall have first obtained and shall
have then in force a nonmotorized (F) When a drivers permit is issued, the
passenger transport vehicle drivers permit application and supporting information
issued under the provisions of this chapter. shall be returned to the holder of the
certificate of public convenience and
(B) (1) An application for a necessity to be held by the certificate holder
nonmotorized passenger transport vehicle so long as the driver is employed by the
drivers permit shall be filed with the chief of certificate holder.
police on forms provided by the city and
such application shall be verified under oath § 117.84 Display of permit.
and shall contain the following information:
Every permittee under this subchapter
a. The names and addresses of four (4) shall post his or her drivers permit in such a
residents of the county, who have known place as to be in full view of all passengers
the applicant for a period of one (1) year and while the driver is operating a
who will vouch for the sobriety, honesty, nonmotorized passenger transport vehicle.
and general good character of the applicant;
and
32 • EXHIBIT "A"
§ 117.85 Insurance requirements. (E) A certificate of public
convenience and necessity will not be
(A) A holder shall procure and keep granted or renewed unless the applicant or
in full force and effect commercial general holder furnishes the city with such proof of
liability insurance written by an insurance insurance as the city considers necessary to
company approved by the State of Arkansas determine whether the applicant or holder is
and acceptable to the city and issued in the adequately insured under this section.
standard form approved by the State Board
of Insurance. All provisions of the policy (F) If the insurance of the holder
must be acceptable to the city. The insured lapses or is cancelled and new insurance is
provisions of the policy must name the city not obtained, the certificate of public
as additional insured and the coverage convenience and necessity shall be
provisions must provide coverage for any suspended until insurance coverage
loss or damage that may arise to any person required by this section has been obtained.
or property by reason of the operation of a A person shall not operate a nonmotorized
nonmotorized passenger transport service passenger transport service while the
by the holder. certificate is suspended under this section.
(B) The commercial general liability (G) The holder shall provide adequate
insurance must provide combined single employer's liability insurance for the
limits of liability for bodily injury and employees as provided by law.
property damage of not less than
$1,000,000.00 for each occurrence, or the §117.86 Conduct of drivers and handlers.
equivalent, and include coverage for
premises operations, independent Drivers and handlers shall at all times:
contractors, products, completed operations,
personal injury, contractual liability, and (1) Act in a reasonable, prudent, and
medical payments. Coverage for medical courteous manner;
payments must include a minimum limit of
$5,000.00 per person. Aggregate limits of (2) Maintain a sanitary and well-
liability are prohibited. groomed appearance;
(C) Insurance required under this (3) Not inhale or consume an alcoholic
section must include: beverage, drug, or other substance that
could adversely affect his or her ability to
(1) A cancellation provision in operate a nonmotorized passenger transport
which the insurance company is required to vehicle, or handle a horse.
notify the city in writing not fewer than 30
days before canceling, failing to renew, or (4) Not permit a person other than
making a material change to the insurance another employee of the nonmotorized
policy; and, passenger transport service to operate a
vehicle or handle a horse under his or her
(2) A provision to cover all horses control;
and vehicles, whether owned or not owned
by the holder, operated under the holder's (5) Not permit any person on the back of
certificate of public convenience and a horse while it is pulling a nonmotorized
necessity. passenger transport vehicle.
(D) No insurance required by this (6) Not leave a horse untethered and
section may be obtained from an assigned unattended except when confined to a stable
risk pool. or other enclosure;
i
• EXHIBIT "A" • 33
(7) Pick up all horse droppings f. Not work longer than six hours in
immediately with appropriate equipment. a 24 hour period with a minimum of 12
hours rest;
§ 117.87 Horses, vehicles, and equipment.
g. Have the appropriate bridle, bit,
(A) Horses. halter, or harness equipment properly fitted
and in good repair with no deficiencies that
(1) Before any horse may be used in a could reasonably be deemed a safety
nonmotorized passenger transport service, hazard;
the holder must furnish the animal services
director with: h. Be properly cleaned with no
offensive odors or caked dirt or mud;
a. A state certificate of veterinarian
inspection with a photograph or drawing of i. Not work when the outside
the horse showing identifying markings of temperature exceeds 90 degrees Fahrenheit,
the horse and showing that the horse has or the thermal heat index exceeds 110; and,
been examined at least once within the
preceding three months by a veterinarian j. Be examined at least once every
licensed by the State of Arkansas who three months by a veterinarian licensed by
specializes in equine medicine; and, the State of Arkansas who specializes in
equine medicine and receive a state
b. An Equine Vaccination Certificate certificate of veterinarian inspection, which
from a licensed veterinarian showing proof must be submitted to the Animal Services
that the pony has had tetanus, rabies, and Director.
Eastern-Western encephalitis vaccinations;
further, proof of a negative Coggins test (3) The Animal Services Director may
must be submitted annually. require a holder, driver, or handler to
remove from service any pony that appears
(2) A horse used in a nonmotorized to be ill, overtired, undernourished,
passenger transport service must: overloaded, injured, or lame or whose
health or life, in the opinion of a
a. Be appropriately shod to work on veterinarian or qualified equine animal
paved streets; if a horse loses a shoe while services officer, is in imminent danger. To
working, an "eazy" type boot may be used reinstate a horse removed from service, the
to finish the scheduled work day; horse must be re-examined and a new state
certificate of veterinarian inspection issued
b. Not have any open wound, for the horse by a veterinarian licensed by
oozing sore, cut below skin level or bleeding the State of Arkansas and specializing in
wound; equine medicine, which certificate must be
submitted to the Animal Control Officer.
c. Not have evidence of lameness,
such as but not limited to head bobbing or (4) For purposes of this section, a horse
irregular rhythm; is considered to be working any time it is on
the public street or sidewalk, or other public
d. Be offered not less than five right-of-way, during any hour of operation
gallons of drinking water at least every two of the nonmotorized passenger transport
hours; service that is authorized by and on file with
the traffic superintendent.
e. Have at least a 10 minute rest
period after every 50 minutes worked; (B) Vehicle inspection and maintenance.
Each vehicle shall comply with all the safety
34 • EXHIBIT "A" •
requirements imposed by all state, federal or thereof has paid an annual license fee of
local laws applicable to the vehicle involved. $250.00 for the right to operate a
nonmotorized passenger transport service
(C) Required Equipment. under a certificate of public convenience
and necessity. The license fees shall be for
(1) Nonmotorized passenger transport the calendar year and shall be in addition to
vehicles. any other license fees or charges established
by proper authority and applicable to the
a. A holder or driver shall, at all holder.
times, provide and maintain in good
operating condition the following § 117.90 Suspension, revocation of
equipment for each nonmotorized certificate.
passenger transport vehicle:
(A) A certificate issued under the
1. Headlights; provisions of this subchapter may be
revoked or suspended by the Public Transit
2. Taillights; Board if the holder thereof has:
3. Flashing lights; (1) Violated any of the provisions of this
subchapter;
4. Approved braking system;
(2) Violated any ordinances of the city,
5. Rubber on all wheels; or the laws, federal or state, the violations of
which reflect unfavorably on the fitness of
6. A "slow moving vehicle' sign the holder to offer public transportation.
attached to the rear of the vehicle;
(C) Prior to suspension or revocation,
7. Evidence of insurance; the holder shall be given notice of the
proposed action to be taken and shall have
8. A copy of this chapter of the Code an opportunity to be heard.
of Fayetteville; and
§ 117.91 ADA compliance.
9. The company name and unit
number conspicuously located on Holder shall comply with all applicable
the rear of the vehicle in letters provisions of the Americans with
not less than two (2) inches high. Disabilities Act.
(2) Horses. The holder or handler shall § 117.92 Enforcement.
ensure that every rider wears a bicycle-type
safety helmet while riding on horseback. The Police Department is hereby given
the authority and is instructed to watch and
§ 117.88 Transfer of certificate. observe the conduct of holders, drivers, and
handlers operating under this subchapter.
No certificate of public convenience and Upon discovering a violation of the
necessity may be sold, assigned, mortgaged, provisions of this subchapter, the Police
or otherwise transferred without the consent Department shall report the same to the City
of the public transit board. Attorney, who will order or take
appropriate action.
§ 117.89 License fees.
No certificate shall be issued or
continued in operation unless the holder
ORDINANCE NO,
AN ORDINANCE AMENDING TITLE XI: BUSINESS
REGULATIONS, OF THE CODE OF FAYETTEVILLE, TO PROVIDE
AMENDMENTS TO VARIOUS PROVISIONS REGULATING THE
OPERATION OF NONMOTORIZED PASSENGER TRANSPORT
SERVICES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1 . That §§ 117.80-117.92 of the Code of Fayetteville, are hereby repealed
and Exhibit "A" attached hereto and made a part hereof, is adopted and inserted in their
stead.
PASSED and APPROVED this day of April, 2002.
APPROVED:
By:
D Co @DY, M y r
ATf". ER
By:
� U City
EXHIBIT "A" 29
NONMOTORIZED PASSENGER Permittee. An individual who has been
TRANSPORT SERVICES issued a nonmotorized passenger transport
vehicle drivers permit under this
§ 117.80 Definitions. subchapter.
For the purposes of this subchapter, the Person. An individual, corporation,
following words and terms have the government or governmental subdivision,
meaning ascribed thereto: or an agency, trust, partnership, or two or
more persons having a common economic
Driver. An individual who operates a interest.
nonmotorized passenger transport vehicle.
Preapproved Route. Nonmotorized
Handler. An individual who leads and passenger transport service operating on a
controls a pony working as a part of a predetermined schedule with fixed pickup
nonmotorized passenger transport service. and destination points located on a route
approved by and on file with the tr 'c
Holder. A person who is granted a superintendent.
certificate of public convenience and
necessity under this subchapter to provide § 117.81 Certificat f re c n enience
nonmotorized passenger transport service in and necessi
the city.
(A) No son, all opera a non-
Horse. Any member of the Genus Equus otorized p sen r transp I service
or any hybrid thereof, including but not ithin the -f t first b fining a
limited to burros, donkeys, ponies, and c rent cer ' e of lic cony m a and
mules. ssity fr the public card
to lished ction 117.31 the Code of
Nonmotorized pass n er transp rt ehicle. a e evilie.
Example• a rs rawn - iage
obtain a certificate of public
nmotorize p sen er n t service c nience and necessity for a non-
e usiness f ffe •in o p ovid' motorized passenger transport service, a
trans ortation of so fo hire, ith person who owns, controls or operates a
no torized po chicle on proposed nonmotorized passenger transport
ho se ack, whe service, must submit a proposal which shall
be verified and contain the following
( A d er or handler is furnished as information:
p t o th rvice; and
(1) A statement of the type of non-
(2) The service is offered only in motorized passenger transport service for
accordance with a preapproved route. which application is made;
Nonmotorized passenger transport vehicle (2) The form of business of the
drivers permit. A permit issued to an applicant; if the business is a corporation or
individual by the chief of police to operate a association, a copy of the documents
nonmotorized passenger transport vehicle establishing the business and the name and
for hire in the city. address of each person with a direct interest
in the business;
Operate. To drive or be in physical
control of a nonmotorized passenger (3) The name, address, and verified
transport vehicle, signature of the applicant;
0 0
30 EXHIBIT "A"
(4) A description of any past business (3) The current safety record of the
experience of the applicant, particularly in applicant, and the previous safety record, if
providing passenger transportation service; the applicant has operated a nonmotorized
passenger transport service in the past;
(5) The number and description of
vehicles the applicant proposes to use in the (4) Number and description of all
operation of the service including year, nonnrotorized passenger transport vehicles
make, model, manufacturer's rated seating to be used, where applicable;
capacity, and state license registration
number for each vehicle; (5) Number and description of all horses
to be used;
(6) The number of horses the applicant
proposes to use in the operation of the (6) If nonmotorized passenger transport
service with a description, including age, vehicles are employed, the number of
color, and breed or photograph; and a state passengers that may be safely transported in
certificate of veterinarian inspection for each each vehicle based on the size of the v e
horse; and the type of horse pulling
(7) A description of the proposed (7) Customers t d;
service, including routes, rates or fares to be
charged, and schedules, where applicable; (8) PI s or loa ing or u iloading
passengers;
(8) Documentary evidence from an
insurance company indicating a willingness (9) Hour ;o ., on;
to provide liability insurance as required by
this chapter; (10) Sc a les and r o be
Ilo ed;
(9) Such additiona rma as the
applic esu to m u e to in the (1 charged;
on ' f'. he erequested
opera ' g authorty o d and, ) The use of special safety
equipment;
(JO)Such additi nal rmati as
beit
me n e' ary to ist or (13) The use of special sanitary devices
pre 1 entaitio enforcement and special care procedures for horses; and
of ' or protection of the
p ty (14) Special conditions or limitations.
deciding whether to issue or deny (D) The public transit board shall issue
an application for a certificate of public a certificate of public convenience and
convenience and necessity to operate a necessity to the applicant, if it is determined
nonmotorized passenger transport service, that:
the public transit board shall consider, but
not be limited to, the following: (1) The applicant has complied with all
requirements for issuance of the certificate;
(1) Whether the public convenience and
necessity requires the proposed service; (2) That public convenience and
necessity require the operation of the
(2) Whether the applicant has complied proposed service; and
with all requirements of this ordinance for
providing the service applied for;
0 0
EXHIBIT "A" 31
(3) The applicant has not made a false b. A concise history of his/her
statement as to a material matter in an employment.
application for a certificate.
(C) The police department shall
(E) If the public transit board conduct an investigation of each applicant
determines that the requirements set forth for a nonmotorized passenger transport
above have not been met, the public transit vehicle drivers permit, and a report of such
board shall deny the certificate. investigation with a copy of the traffic and
police record of the applicant, if any, shall
§ 117.82 Route approval. be attached to the application for the
consideration of the chief of police.
(A) All routes shall be approved by the
city's traffic superintendent. (D) The chief of police shall, upon
consideration of the application and the
(li) Holders shall submit to the city's reports required to be attached thereto,
traffic superintendent all requests for approve or reject the application. Ife
temporary changes in authorized routes, application is rejected, the y
hours of operation, or for participation in request a personal appe, ore e
special events such as festivals, parades or mayor to offer evidettCePlication
weddings, not less than three (3) days before should be rec n6fde
the effective date of the change or event.
(E) (1 1�1--
vehicle
ri approval of an
§117.83 Nonmotorized passenger transport pplication oro otorized p senger
drivers permit. {�nsport vef ics permit,�th chief of
p� 'ce shall vss e a p mit to e p licant
(A) No person shall to a h h shall Ibe r the name, s, age,
nonmotorized passe erJ pot ° ehicle ski ture, anthp otograph of a applicant.
for hire upon the str o the ci d no
person who gowns o c n oLs a ch permit shall be in
no as_ nge t vehicle .. eff t , a remainder of the year. A
in ermit it to so o ated, and n p ' it for every calendar year thereafter
no torized pAss geV; an or vehic e shall be issued upon the payment of $2.00
lic d by the ity sha 15 sod er unless the permit for the preceding year has
an i t me for hir6, ' riles a drive ` said been revoked.
ve iic e shall h7v first ,oli ' ed and shall
have then for a nonmotorized (F) When a drivers permit is issued, the
pa¢se iger tr port vehicle drivers permit application and supporting information
iss
eo the provisions of this chapter. shall be returned to the holder of the
certificate of public convenience and
(B) (1) An application for a necessity to be held by the certificate holder
nonmotorized passenger transport vehicle so long as the driver is employed by the
drivers permit shall be filed with the chief of certificate holder.
police on forms provided by the city and
such application shall be verified under oath § 117.84 Display of permit.
and shall contain the following information:
Every permittee under this subchapter
a. The names and addresses of four (4) shall post his or her drivers permit in such a
residents of the county, who have known place as to be in full view of all passengers
the applicant for a period of one (1) year and while the driver is operating a
who will vouch for the sobriety, honesty, nonmotorized passenger transport vehicle.
and general good character of the applicant;
and