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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 That §§ 117.80-117.92 of the Code of Fayetteville, are hereby repealed and Exhibit " A" attached hereto and made a part hereof, is adopted and inserted in their stead.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