HomeMy WebLinkAboutOrdinance 4623ORDINANCE NO, 4623
AN ORDINANCE AMENDING TITLE XI: CHAPTER 117,
ARTICLE IV: TAXICABS, AND ARTICLE V: LIMOUSINES OF
THE CODE OF FAYETTEVILLE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That Title XI, Chapter 117, Article IV: Taxicabs, Code of
Fayetteville is hereby repealed, and Exhibit "A" attached hereto and made a part
hereof, is inserted in its stead.
Section 2. That Title XI, Chapter 117, Article V: Limousines, Code of
Fayetteville is hereby repealed, and Exhibit "B" attached hereto and made a part
hereof, is inserted in its stead.
Section 3. That Title XI, Chapter 117, §§ 117.98, & 117.99(B) & (C) are
hereby repealed, and Exhibit "C" attached hereto and made a part hereof, is
inserted in its stead.
PASSED and APPROVED this 501 day of October 2004.
;FAYETTEVILLE;
:F
ATTEST:
By: �& �-
SO DRA SMITH, City Clerk
I
• EXHIBIT "A"
ARTICLE IV
TAXICABS
117.30 Definitions
For the purpose of this article, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
Certificate. A Certificate of Public Convenience and Necessity issued by the
City Council, authorizing the holder thereof to conduct a taxicab business in the
city.
Driver's permit. The permission granted by the Chief of Police, or his duly -
appointed representative, to a person to drive a taxicab upon the streets of the
city.
Holder. A person to whom a Certificate of Public Convenience and Necessity
has been issued.
Manifest. A daily record prepared by a taxicab driver and/or taxicab
company of all trips made by company vehicles showing time and place of
origin, destination, number of passengers, and the amount of fare of each trip.
Person. Includes an individual, a corporation, or other legal entity, a
partnership, and any unincorporated association.
Rate card. A card issued by the city for conspicuous display in each taxicab
which contains the rates of fare then in force.
Taxicab. A motor vehicle regularly engaged in the business of carrying
passengers for hire, having a seating capacity of not more than seven passengers
and not operated on a fixed route. This definition expressly excludes limousines.
Waiting time. The time when a taxicab is not in motion from the time of
acceptance of a passenger or passengers to the time of discharge, but does not
include any time that the taxicab is not in motion if due to any cause other than
the request, act, or fault of a passenger or passengers.
117.31 Rates
(A)All taxicabs shall utilize a meter for calculation of rates and such apparatus
shall be clearly visible to the occupant of the vehicle.
(B) The City Council shall set the maximum allowable rates for all taxicabs,
EXHIBIT "A" •
consistent with the provisions of Arkansas Code Annotated § 14-57-303. The City
Council shall annually review maximum allowable rates to determine if a change
is needed.
117.32 Certificate Of Public Convenience And Necessity Required; Issuance
Procedure
(A)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 without
having first obtained a Certificate of Public Convenience and Necessity from
the Fayetteville City Council.
(B) An application for a certificate shall be filed with the Police Department upon
forms provided by the city, and said application shall be verified under oath
and shall furnish the following information:
(1) The name and address of the applicant, including the name and address
of all officers and stockholders of the company, if incorporated, and the
name of the person to whom complaints should be directed;
(2) The financial status of the applicant, including the financial status of the
officers and stockholders of the company, if incorporated, including the
amount of all unpaid judgments against the applicant (officers and
stockholders of the company, if incorporated), and the nature of the
transaction or acts giving rise to said judgments;
(3) The experience
of the applicant
including all officers
and stockholders of
the company, if
incorporated, in
the transportation of
passengers;
(4) Any facts which the applicant believes tend to prove that public
convenience and necessity require the granting of a certificate;
(5) The number of vehicles to be available for operation or controlled by the
applicant and the location of proposed depots and terminals, The
applicant shall furnish a minimum and maximum number of vehicles to
be permitted;
(6) The color scheme or insignia to be used to designate the vehicle or
vehicles of the applicant;
(7) 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, and;
2
• EXHIBIT "A" •
(8) The rate schedule which the applicant proposes to use to charge
passengers.
(C) Upon the filing of an application, the City Clerk shall fix a time and place for
a public hearing thereon. Written notice of such hearing shall be given to the
applicant and to all persons possessing current and valid Certificates of
Public Convenience and Necessity. Any interested person shall have the
right either in person or by representatives of their own choosing, to be
present at all such hearings and to introduce evidence and to be heard either
in support of or opposition to the issuance of a certificate.
(D)Findings of the City Council.
(1) If the City Council finds that further taxicab service in the city is required
by the public convenience and necessity and that the applicant is fit,
willing, and able to perform such public transportation and to conform to
the provisions of this subchapter, then the city clerk shall issue a certificate
stating the name and address of the applicant, the number of vehicles
authorized under the certificate and the date of issuance; otherwise, the
application shall be denied.
(2) The City Council 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.
(3) In making the above findings, the City Council shall take into
consideration the number of taxicabs already in operation, whether
existing transportation is adequate to meet the public need, the probable
effect of increased service on local traffic conditions, and the character,
experience, and responsibility of the applicant.
117.33 Liability Insurance
No Certificate of Public Convenience and Necessity shall be issued or continued
in operation unless there is in full force and effect automobile liability insurance
for each vehicle. The insurance shall have limits of not less than $25,000for
personal injury to, or death of, any one person in any one accident, and liability
limits of $50,000 for personal injury to, or death of, two or more persons in any
one accident, and $25,000.00 for injury to or destruction of property or others in
any one accident. The insurance shall be maintained with an insurance company
authorized to do business in the state. A certificate evidencing such insurance
shall be filed with the finance director.
3
• EXHIBIT "A" •
117.34 Licensing requirements
(A) Decal required.
No certificate shall be issued or continued in operation unless the holder
thereof has secured an annual permit decal for each vehicle granting the right to
engage in the taxicab business. The licensing shall be for the calendar year, with
holders required to file annual renewal applications and fees at least thirty (30)
days prior to the end of each 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 his operation and control. All vehicles so licensed
shall be required to show proof of the purchase of for hire tags from the State of
Arkansas.
(B) Surety Bond required.
No certificate shall be issued unless and until the applicant shall file with the
City Clerk a surety bond in the amount of $100.00, conditioned upon the
applicant establishing, maintaining, and continuing the proposed service until
such time as the certificate issued to the applicant is cancelled, withdrawn, or has
expired.
(C)Radio dispatch required.
Every certificate holder shall maintain a radio dispatch system in operation
during the hours of operation set forth in the application for the Certificate of
Public Convenience and Necessity, capable of providing reasonably prompt
service in response to requests received by telephone. Two-way radios are the
preferred system. Citizens Band (CB) radios shall not be used. Any holder of a
Certificate of Public Convenience and Necessity at the time of passage of this
ordinance shall have six (6) months from the effective date thereof to comply
with this provision.
(D) Scanners prohibited.
The use of scanners or other similar devices to monitor other taxicab
operator's calls is hereby prohibited.
117.35 Transfer Of Certificate
No Certificate of Public Convenience and Necessity may be sold, assigned,
mortgaged, or otherwise transferred without the consent of the City Council.
117.36 Suspension, Revocation Of Certificate
(A)A certificate issued under the provisions of this article may be suspended by
the Chief of Police, or his duly -appointed representative, if the holder thereof
has (1) violated any of the provisions of this article, (2) discontinued
a
EXHIBIT "A" 0
operations for more than 20 days, (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) The Chief of Police, or his duly -appointed representative, shall inform the
City Council of all such suspensions, and may also recommend the revocation
of a certificate. Upon such recommendation, the City Council shall set a time
and place for a revocation hearing. The holder shall be given notice of the
proposed action to be taken and shall have an opportunity to be heard.
117.37 Taxicab Driver's Permit Required; Issuance Procedure
(A)No person shall operate a taxicab for hire upon the streets of the city and no
person who owns or controls a taxicab shall permit it to be so driven, and no
taxicab licensed by the city shall be so driven at any time for hire, unless the
driver of said taxicab shall have first obtained and shall have then in force a
taxicab driver's permit issued under the provisions of this subchapter.
(B) Application required.
(1) An application for a taxicab driver's permit shall be filed with the Chief of
Police, or his duly -appointed representative, 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 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.
(b) A concise history of his employment; and,
(c) satisfactory proof that the applicant is twenty one (21) years of age or
over, as required by Arkansas Code Annotated § 14-57-404.
(C) Before any application is finally passed upon by the Chief of Police, or his
duly -appointed representative, the applicant shall be required to show that
he has a current motor vehicle's chauffeur's for hire permit issued by the
state.
(D)The police department shall conduct a local background check of each
applicant for a taxicab driver's permit, and a report of such background check
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, or his
5
EXHIBIT "A" •
duly -appointed representative,.
(E) The Chief of Police, or his duly -appointed representative, shall, upon
consideration of the application and the reports and certificate required to be
attached thereto, approve or reject the application. If the application is
rejected, the applicant may request a personal appearance before the City
Council to offer evidence why his application should be reconsidered.
(F) Form and term of permit.
(1) Upon approval of an application for a taxicab driver's permit, the Chief of
Police, or his duly -appointed representative, shall issue a permit to the
applicant which shall bear the name, address, age, signature and
photograph of the applicant.
(2) Such permit shall be in effect for the remainder of the calendar year. A
renewal permit for each calendar year thereafter shall be issued, unless the
permit for the preceding year has been revoked.
(G)Each certificate holder shall maintain copies of the drivers permit
application and other supporting information so long as the driver is
employed by the certificate holder. Each certificate holder shall promptly
inform the Chief of Police, or his duly -appointed representative, upon the
termination or resignation of a driver.
117.38 Display Of Permit
Every permittee under this article 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 taxicab, and the
permit shall be illuminated when necessary for viewing.
117.39 Suspension, Revocation Of Permit
The Chief of Police, or his duly -appointed representative, is hereby given the
authority to suspend any driver's permit issued under this article for a driver's
failure or refusal to comply with the provisions of this article, such suspension to
last for a period of not more than ten days. The Chief of Police, or his duly -
appointed representative, is also given authority to revoke any driver's permit
for failure to comply with the provisions of this article. However, a permit may
not be suspended or revoked unless the driver has received notice and has had
an opportunity to present evidence in his behalf.
117.40 Failure To Comply With Applicable Law
Every driver licensed under this article shall comply with all city, state, and
federal laws. Failure to do so will justify the Chief of Police, or his duly-
G
9 EXHIBIT "A" •
appointed representative, in instituting proceedings for revocation of the permit.
117.41 Vehicles To Be Kept Safe And Sanitary
Every vehicle operating under this article shall be subject to a thorough
examination and inspection by the Fleet Division of the City, to include
verification of the accuracy of each fare meter. The cost of said inspection shall be
at a rate set by the Fleet Superintendent and shall be calculated at the hourly
charge schedule utilized by the division. In addition, certificate holders shall pay
an annual one hundred (100) dollar fee per vehicle, to defray the City's
administrative costs. The vehicle must comply with such reasonable rules and
regulations as may be prescribed by the Chief of Police, or his duly -appointed
representative. These rules and regulations shall be promulgated to provide safe
transportation and shall specify such safety equipment and regulatory devices as
the Chief of Police, or his duly -appointed representative, shall determine
necessary. The vehicle, upon passage of an inspection shall be affixed with a
decal that certifies the vehicle as safe to operate in the city of Fayetteville.
117.42 Designation Of Vehicle As Taxicab By Insignia Or The Like
No vehicle covered by the terms of this article shall be licensed whose color
scheme, identifying design, monogram, or insignia to be used thereon shall, in
the opinion of the Chief of Police, or his duly -appointed representative, conflict
with or imitate any color scheme, identifying design, monogram or insignia used
on a vehicle or vehicles already operating under this article, in such a manner as
to be misleading or tend to deceive or defraud the public; and provided further,
that if, after a license has been issued for a taxicab hereunder, the color scheme,
identifying design, monogram or insignia is used by any other person, owner or
operator, in such a manner as to be misleading or tend to deceive the public, the
license of or certificate covering such taxicab or taxicabs shall be suspended or
revoked. The vehicle operator shall also be required to display the decal
affirming the safe condition of the vehicle. In addition, every taxicab shall have
affixed to its roof an illuminated sign bearing either the word "taxicab" or "taxi."
117.43 Acceptance, Discharge Of Passengers
(A)Duties of Drivers.
(1) Restriction on number of passengers. No drivers shall permit more persons
to be carried in a taxicab as passengers than the rated seating capacity of
the taxicab as defined by the vehicle manufacturer. Every taxicab, as
required by state law, shall carry a child safety seat and the driver shall
know how to properly install and safely use such device. A child under
six years of age, properly restrained by a child safety seat shall not be
counted as an extra passenger when accompanied by an adult.
7
0 EXHIBIT "A" •
(2) Refitsal to carry orderly passengers prohibited. No driver shall refuse or
neglect to convey any orderly person or persons, or any person or persons
accompanied by a seeing eye dog, or a seeing eye dog upon request,
unless unable or forbidden by the provisions of this article to do so;
provided, it shall not be unlawful for a driver to refuse or neglect to
convey any passenger who has previously refused or failed to pay a legal
fare as provided in this article.
(3) Prohibitions of drivers. It shall be a violation of this article for any driver of
a taxicab to solicit business for any hotel or motel, or to attempt to divert
patronage from one hotel or motel to another. Neither shall such driver
engage in selling intoxicating liquors or use his vehicle for any illegal
purpose.
(4) Passengers zoithout fare prohibited. No driver shall permit any person to be
carried in a taxicab as a passenger without payment of the legal fare
mentioned in this article while a fare -paying passenger is also being
carried in the cab.
(B) "Slurred Ride" vs. "Exclusive Ride." All persons engaged in the taxicab business
in the city, operating under the provisions of this article, shall render an
overall service to the public desiring to use taxicabs. Such service may be 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. Under the shared ride system, a maximum of three pickups at
different locations shall be permitted; after which all parties must reach their
destination before additional pickups can be made.
(C) Response to calls. Holders of Certificates of Public Convenience and Necessity
shall answer all calls received by them during the hours of operation
specified on the holder's application for services inside the corporate limits of
the city 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 the city at any time when such holder has available cabs shall be
deemed in violation of this article, except on those occasions when the Chief
of Police, or his duly -appointed representative, declares the streets of the City
to be unsafe due to inclement weather. Any vehicle operated under the
provisions of this article shall be equipped with snow tires or chains when
Lei
0 EXHIBIT "A" 0
required by weather conditions.
117.44 Signed Receipt To Passenger Upon Request
The driver of any taxicab shall, upon demand by the passenger, render to such
passenger a signed receipt for the amount charged, either by a mechanically
printed receipt or by a specially prepared receipt on which shall be the name of
the taxicab company, the number of the taxicab, amount of charges, and date and
time of transaction.
117.45 Refusal Of Passenger To Pay Fare
It shall be unlawful for any person to refuse to pay the legal fare of any of the
vehicles mentioned in this article after having hired the same, and it shall be
unlawful for any person to hire any vehicle herein defined with intent to defraud
the person from whom it is hired of the value of such service.
117.46 Daily Manifest To Be Kept
Every company shall maintain a daily manifest upon which are recorded all trips
made each day, showing the time and place of origin and destination of each trip
and amount of fare. The forms for each manifest shall be of a character approved
by the chief of police.
117.47 Advertising
(A)Subject to the restrictions provided herein, it shall be lawful for any person
owning or operating a taxicab, bus, van, or motor vehicle for hire to permit
advertising matter to be affixed or installed in or on such taxicab, bus, van, or
motor vehicle for hire. The advertising shall not in any way obstruct the
vision of the driver of the vehicle. Advertising on a taxicab shall be limited to
one sign located on the rear of the vehicle which sign shall not exceed nine
square feet in area. Advertising on a bus or van shall be limited to one sign
on each side of the vehicle and one sign on the rear of the vehicle, none of
which signs shall exceed 12 square feet in area.
(B) It shall be unlawful for any person to display on any taxicab, bus, van, or
motor vehicle for hire any advertisement of tobacco products, alcoholic
beverages, x-rated motion pictures, or any advertisement that is false,
misleading, or deceptive.
117.48 Enforcement
The police department possesses the
citations as appropriate.
authority under existing law to issue
117.50 Meter Rates Established
(A) It shall be unlawful for any person, owning, operating, driving, or in charge
0
• EXHIBIT "A" •
of any taxicab for hire in the city to drive or operate such taxicab, or to use or
advertise in connection therewith the word "taxi," "taxicab," or "cab" or in
soliciting trade from the public to represent or exhibit such vehicle as a "taxi,"
"taxicab," or "cab" unless such vehicle is equipped with an approved fare meter
according to the provisions of this chapter. An approved fare meter is a meter
that registers accumulating fare charge with each amount being visible to
passenger(s).
(B) Meter rates shall be used exclusively by all taxicabs excluding waiting time except as
provided in subsection (D) below. The ceiling rates shall apply to all taxicabs operating
in the city.
The initial rates are set out as follows:
(1) Exclusive ride. Ceiling rate, no more than a rate of:
(a) Initial meter charge .... $2.00
(b) Charge per mile .... $1.50
(2) No more than $1.00 per additional person shall be charged.
(3) Waiting time ceiling rate, not to exceed $18.00 per hour.
(C) Passengers shall pay only the fare which appears on the meter. If no fare appears on
the meter, the passenger's ride shall be free, except as provided in subsection (D) below,
and excluding waiting time.
(D) A taxicab operator may make special contractual arrangements in advance with
persons at fares either higher or lower than those set forth by this article, but such
contract must be in writing and a copy thereof filed with the City Clerk.
10
• EXHIBIT "B" •
ARTICLE V
LIMOUSINE SERVICE
117.60 Definition
For the purpose of this article, the following definition shall apply unless the
context clearly indicates or requires a different meaning.
Limousine service. Transportation service over the streets of the city, in a type
of automobile commonly referred to as a limousine and having a manufacturer's
seating capacity of at least eight persons, including the driver. This definition
expressly excludes taxicabs.
117.61 License Required; Fee
It is hereby declared to be a privilege for any person to furnish limousine service,
and no person shall engage in such undertaking without first paying to the city
an annual license fee of $100.00 for each limousine used on the streets of the city,
for the privilege of engaging in such business. The fee shall be paid on or before
January 1st of each year.
117.62 Vehicles To Be Kept Safe And Sanitary
Every vehicle operating under this article shall be subject to a thorough
examination and inspection by the Fleet Division of the City. The cost of said
inspection shall be at a rate set by the Fleet Superintendent and shall be
calculated at the hourly charge schedule utilized by the division. The vehicle
must comply with such reasonable rules and regulations as may be prescribed by
the Chief of Police, or his duly -appointed representative. These rules and
regulations shall be promulgated to provide safe transportation and shall specify
such safety equipment and regulatory devices as the Chief of Police, or his duly -
appointed representative, shall determine necessary. The vehicle, upon passage
of an inspection shall be affixed with a decal that certifies the vehicle as safe to
operate in the city of Fayetteville.
117.63 Liability Insurance
No person shall furnish limousine service unless and until such person has filed
with the finance director a copy of a motor vehicle liability insurance policy
issued by an insurance company authorized to do business in the state,
providing limits of not less than $25,000.00 for personal injury to, or death of, any
one person in any one accident, liability limits of $50,000.00 for personal injury
to, or death of, two or more persons in any one accident, and $25,000.00 for
injury to or destruction of property of others in any one accident.
E
EXHIBIT "C"
ARTICLE VIII
PROHIBITED ACTIVITY AND PENALTIES
117,98 Prohibited activity
No person or company shall provide or offer to provide motor vehicle rides to
passengers if such service resembles a taxicab or limousine service unless the person and
company have fully complied with Article IV Taxicabs or Article V Limousine
Service. It shall not be a defense under this section if rides are offered to passengers for
tips or gratuities only.
117.99 Penalty
(B) Any person or company violating any of the provisions of Article IV
§ 117.30 through § 117.50 and Article V § 117.60 through § 117.63 shall be deemed guilty
of a misdemeanor and upon conviction thereof shall be fined not exceeding $250.00.
Each occurrence and each day's continuance shall be considered a separate offense. In
addition, the city shall have a right to revoke the permit or license required by §117.37
and § 117.61 for any person or company convicted of violating Article IV or Article V.
(C) Any person violating the provisions of § 117.98 Prohibited Activity shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more
than $500.00. A second and any subsequent convictions of §117.98 within a one year
period by the same person shall result in fines not to exceed $1,000.00 per occurrence.
NAME OF FILE: Ordinance No. 4623
CROSS REFERENCE:
Item # Date Document
1
09/08/04
memo to mayor & City Council
2
draft ordinance
3
Staff Review
4
memo to Hugh Earnest & Frank Johnson
5
Affidavit of Publication
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
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NOTES:
0�2l�•
FAYETTEVI&E , �d
rls awD'llAddrSlIA
THE CITY OF FAYETTEVILLE, ARKANSAS
Date: September 8, 2004
To: The Mayor and Council
From: Hugh Earnes141
Chief Frank
Subject: Modifications to City Taxi Cab and Limousine regulations.
Recommendation
City staff has worked for some time on a number of changes to our existing ordinance
regulating these activities. It is our recommendation that the council approve the
ordinance as attached.
Background
The city of Fayetteville has had an ordinance regulating these activities on the books for
many years. At the suggestion of Alderman Robert Reynolds, and with his assistance, we
have worked to increase our ability to regulate this service function. This particular
activity is an important part of a service to the public and a well thought out ordinance
that insures, through regulation, a well run and attractive service is certainly in the public
interest.
Discussion
The ordinance contains language thatregulates taxi cab service in several important
ways. The principal areas of regulation are as follows:
The Police Department will be principally responsible for enforcement of the
ordinance
• The City Council will issue a Certificate of Public Convenience and Necessity for
operator of a service. The Certificate Issuance procedure requires information on
• numbers of vehicles, hours of operation, financial status of the applicant, color
scheme of the vehicles and the rate schedule proposed by the applicant.
• The vehicles will be inspected at our Fleet Division and on passage will be issued
a decal.
• All vehicles shall be required to have a license for hire plate issued by the state.
113WESTMOUNTAIN 72701 479-521-7700
FAX 479-575-8257
9!W/oy
E
• Language establishing the requirements for a Taxicab Drivers permit is included.
• All vehicles shall be equipped with a fare meter and radio dispatch
• Every certificate holder shall maintain a daily manifest
• Every taxicab shall carry a child safety seat.
The ordinance requires the following with respect to the regulation of limousines.
• A license obtained from the city coupled with the requirement to meet the same
inspections requirements required of taxicabs
The Police Chief is empowered to prescribe rules and regulations for the
operation of this service.
It is our intent to meet with all current and prospective operators prior to the council
meeting on September 21 to discuss in detail the ordinance.
Budget Impact
The ordinance proposes to charge a set fee per vehicle and to charge for the inspections
done in our Fleet Division. The work load generated by this activity can be absorbed
without any additional employees.
0
ORDINANCE NO,
AN ORDINANCE AMENDING TITLE XI: CHAPTER 117,
ARTICLE IV: TAXICABS, AND ARTICLE V: LIMOUSINES OF
THE CODE OF FAYETTEVILLE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That Title XI, Chapter 117, Article IV: Taxicabs, Code of
Fayetteville is hereby repealed, and Exhibit "A" attached hereto and made a part
hereof, is inserted in its stead.
Section 2. That Title XI, Chapter 117, Article V: Limousines, Code of
Fayetteville is hereby repealed, and Exhibit "B" attached hereto and made a part
hereof, is inserted in its stead.
Section 3. That Title XI, Chapter 117, §§ 117.98, & 117.99(B) & (C-)' a
hereby repealed, and Exhibit "C" attached hereto and made a part'her" off,,
inserted in its stead.
PASSED and APPROVED this 215t day of Sept' ember 200
1 r.
EXHIBIT "A"
ARTICLE IV
TAXICABS
117.30 Definitions
For the purpose of this article, the following definitions shall apply unless the
context clearly indicates or requires a different meaning.
Certificate. A Certificate of Public Convenience and Necessity issued by the
City Council, authorizing the holder thereof to conduct a taxicab business in the
city.
Driver's permit. The permission granted by the Chief of Police, or his duly -
appointed representative, to a person to drive a taxicab upon the streets of the
city.
Holder. A person to whom a Certificate of Public Conveniencie and `N cessity
has been issued. %on3
Manifest. A daily record prepared
company of all trips made by compan}
origin, destination, number ofpassengers,
Person.
a taxicab idrivei and/or 'taxicab
dcles show g rir'me and pace of
the amount of fare of each trip.
other legal entity, a
card. NA card i&sued\by the cify for d6ri picuous display in each taxicab
Taxicab. A motor tvehicle regularly engaged in the business of carrying
passengers fo hire yha ng a seating capacity of not more than ;s_even passengers
and not op�erfated on a fixed route. This definition expressly excludes limousines.
P Waiting time. The time when a taxicab is not in motion from the time of
acceptance of a passenger or passengers to the time of discharge, but does not
include any time that the taxicab is not in motion if due to any cause other than
the request, act, or fault of a passenger or passengers.
117.31 Rates
(A)All taxicabs
shall utilize
a meter for
calculation of rates and such apparatus
shall be clearly
visible to the
occupant of
the vehicle.
(B) The City Council shall set the maximum allowable rates for all taxicabs,
EXHIBIT "A"
consistent with the provisions of Arkansas Code Annotated § 14-57-303. The City
Council shall annually review maximum allowable rates to determine if a change
is needed.
117.32 Certificate Of Public Convenience And Necessity Required; Issuance
Procedure
(A)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 without
having first obtained a Certificate of Public Convenience and Necessity from
the Fayetteville City Council.
(B) An application for a certificate shall be filed with the Police Department upon
forms provided by the city, and said application shall be verified under oath
and shall furnish the following information:
(1) The name and address of the applicant, including
of all officers and stockholders of the company„-i
name of the person to whom complaints should be-1
(2) The financial status of the
officers and stockholders
amount of all u4paitl ju
stockholders of t le comF�F•
transaction or a Ifseivine�r
if
(4) Any facts w
onv meence a
0IM
y, if
to Sal
if
the
the
the
:ant (officers and
the nature of the
udinf'all officers and stockholders of
transportation of passengers;
applicant believes tend to prove that public
y require the granting of a certificate;
Tine number of vehicles to be available for operation or controlled by the
applicant and the location of proposed depots and terminals, The
applicant shall furnish a minimum and maximum number of vehicles to
be permitted;
(6) The color scheme or insignia to be used to designate the vehicle or
vehicles of the applicant;
(7) 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, and;
2
EXHIBIT "A"
(8) The rate schedule which the applicant proposes to use to charge
passengers.
(C) Upon the filing of an application, the City Clerk shall fix a time and place for
a public hearing thereon. Written notice of such hearing shall be given to the
applicant and to all persons possessing current and valid Certificates of
Public Convenience and Necessity. Any interested person shall have the
right either in person or by representatives of their own choosing, to be
present at all such hearings and to introduce evidence and to be heard either
in support of or opposition to the issuance of a certificate.
(D)Findings of the City Council.
(1) If the City Council finds that further taxicab service in the city is required
by the public convenience and necessity and that the applicant is at•, l
willing, and able to perform such public transportation and tos Fffo m toJJ
the provisions of this subchapter, then the city clerk sha1L'issss�u a cer ti icate
stating the name and address of the applicant; theber of veRyicles
authorized under the certificate and the date of issuance; otherwise, the
11
application shall be denied. j
(2) The City Council shall -den any app ica$on in which the proposed., �Hours
of service or the�p.�` poeed ate sche ule are found o be unreasonable to
meet the publiL'`riersd. )
(3)'I>making the �abov$ finding, the City� council shall take into
nsideration the number of/taxicabs already in, operation, whether
Listing tra portatioi\i\ ade u t' to meet the public need, the probable
Iffect of inereased� servic on local traffic conditions, and the character,
xperienee�/andjrees„p'onsibility of the applicant.
117.33 Liability Insurance
No Ctifica
e of Public Convenience and Necessity shall be issued or continued
in operation unless there is in full force and effect automobile liability insurance
for each vehicle. The insurance shall have limits of not less than $25,000for
personal injury to, or death of, any one person in any one accident, and liability
limits of $50,000 for personal injury to, or death of, two or more persons in any
one accident, and $25,000.00 for injury to or destruction of property or others in
any one accident. The insurance shall be maintained with an insurance company
authorized to do business in the state. A certificate evidencing such insurance
shall be filed with the finance director.
R]
EXHIBIT "A"
117.34 Licensing requirements
(A) Decal required.
No certificate shall be issued or continued in operation unless the holder
thereof has secured an annual permit decal for each vehicle granting the right to
engage in the taxicab business. The licensing shall be for the calendar year, with
holders required to file annual renewal applications and fees at least thirty (30)
days prior to the end of each 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 his operation and control. All vehicles so licensed
shall be required to show proof of the purchase of for hire tags from the State of
Arkansas.
(B) Surety Bond required.
No certificate shall be issued unless and until the applicant shall file _with the
City Clerk a surety bond in the amount of $100.00, conditioned' p ontithe
applicant establishing, maintaining, and continuing the propose 1j ice until
such time as the certificate issued to the applicant is cancelled, wit drawn, or has
expired. I ;%
(C)Radio dispatch required.
Every certificate holder shalt maintain ra 'o dispatc syst e m in oiler tion
during the hours of oper oir,set forth in thee,a plication for the Cerfifric of
Public Convenience and ecess ty, capa le of, �rovidin reasonably prompt
service in.response tore uests eceived t oRbne.. Two-way radios are the
preferre system Citize is �a (CB) ra ios shaib' ot�be used. Any holder of a
Certifia to of Publl do oriie , ce anecessi at the time of passage of this
ordinahce shall ha e six (6)`r{Zonths� I Am the effective date thereof to comply
scanners or other similar devices to monitor other taxicab
is hereby prohibited.
117.35 Transfer Of Certificate
No Certificate of Public Convenience and Necessity may be sold, assigned,
mortgaged, or otherwise transferred without the consent of the City Council.
117.36 Suspension, Revocation Of Certificate
(A)A certificate issued under
the
provisions of this article may be
suspended by
the Chief of Police, or his
duly
-appointed representative, if the
holder thereof
has (1) violated
any of
the
provisions of this article, (2)
discontinued
19
. EXHIBIT "A"
operations for more than 20 days, (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) The Chief of Police, or his duly -appointed representative, shall inform the
City Council of all such suspensions, and may also recommend the revocation
of a certificate. Upon such recommendation, the City Council shall set a time
and place for a revocation hearing. The holder shall be given notice of the
proposed action to be taken and shall have an opportunity to be heard.
117.37 Taxicab Driver's Permit Required; Issuance Procedure
(A)No person shall operate a taxicab for hire upon the streets of the city and no
person who owns or controls a taxicab shall permit it to be so driven, and no
taxicab licensed by the city shall be so driven at any time for hire, unlesrce
e
driver of said taxicab shall have first obtained and shall have tiira
taxicab driver's permit issued under the provisions of this,sub chhen foa . l
(B) Application required.
1
(1) An application for a taxicab driver's permit shall `e;fi�l d$v ith the Clef of
Police, or his duly appointed repre`'&ia ive, on? foams provided by the
city, and such applf(e iciAhall be rifie � under of th and shall contain
the following info ati)essc
'(a}The names an: adds of fo r residentsJOf county, who have known
the appliant i a period one y ar and who will vouch for the
sobriety,Lhonesey, and gener�lr od character of the applicant.
A con(;iise higto Oof his employment; and,
ictory proof that the applicant is twenty one (21) years of age or
as required by Arkansas Code Annotated § 14-57-404.
(C) Before any application is finally passed upon by the Chief of Police, or his
duly -appointed representative, the applicant shall be required to show that
he has a current motor vehicle's chauffeur's for hire permit issued by the
state.
(D)The police department shall conduct a local background check of each
applicant for a taxicab driver's permit, and a report of such background check
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, or his
5
EXHIBIT "A"
duly -appointed representative,.
(E) The Chief of Police, or his duly -appointed representative, shall, upon
consideration of the application and the reports and certificate required to be
attached thereto, approve or reject the application. If the application is
rejected, the applicant may request a personal appearance before the City
Council to offer evidence why his application should be reconsidered.
(F) Form and term of permit.
(1) Upon approval of an application for a taxicab driver's permit, the Chief of
Police, or his duly -appointed representative, shall issue a permit to the
applicant which shall bear the name, address, age, signature and
photograph of the applicant.
(2) Such permit shall be in effect for the remainder of the cale dsye � A�
renewal permit for each calendar year thereafter shall belssued, unless the
permit for the preceding year has been revoked.
(G)Each certificate holder shall maintaip copies lof the) drivers peit
application and other supporting inform
information so-1loag"Is the dr er is
employed by the certificate holder. each certificate Molder shall //prom "tly
inform the Chief-o='f�Mice,)or his d yap ' inted re iiresentative,t,upon the
termination or;Vesi nation f a driv
117.3&Display OfTermit�
Every rermittee un er�tlus ,,title shallujpost his river's permit in such a place as
to be in full vie f o all tpasengers"the driver is operating a taxicab, and the
permitishall be ill uminterd wheninecessary for viewing.
117,39: uspension, RPeZcation Of Permit
The JC U ief,of Police, or his duly -appointed representative, is hereby given the
authority o suspend any driver's permit issued under this article for a driver's
failure or refusal to comply with the provisions of this article, such suspension to
last for a period of not more than ten days. The Chief of Police, or his duly -
appointed representative, is also given authority to revoke any driver's permit
for failure to comply with the provisions of this article. However, a permit may
not be suspended or revoked unless the driver has received notice and has had
an opportunity to present evidence in his behalf.
117.40 Failure To Comply With Applicable Law
Every driver licensed under this article shall comply with all city, state, and
federal laws. Failure to do so will justify the Chief of Police, or his duly-
9
•
EXHIBIT "A"
appointed representative, in instituting proceedings for revocation of the permit.
117.41 Vehicles To Be Kept Safe And Sanitary
Every vehicle operating under this article shall be subject to a thorough
examination and inspection by the Fleet Division of the City, to include
verification of the accuracy of each fare meter. The cost of said inspection shall be
at a rate set by the Fleet Superintendent and shall be calculated at the hourly
charge schedule utilized by the division. In addition, certificate holders shall pay
an annual one hundred (100) dollar fee per vehicle, to defray the City's
administrative costs. The vehicle must comply with such reasonable rules and
regulations as may be prescribed by the Chief of Police, or his duly -appointed
representative. These rules and regulations shall be promulgated to provide safe
transportation and shall specify such safety equipment and regulatory devices as
the Chief of Police, or his duly -appointed representative, shall determine
necessary. The vehicle, upon passage of an inspection shall be affixed with a l
decal that certifies the vehicle as safe to operate in the city of Fayettevil�:11 j 1
117.42 Designation Of Vehicle As Taxicab By Insignia -Or T%he Ll$ej
No vehicle covered by the terms of this article shall be licensed whose olor
scheme, identifying design, monogram, or insignia to be usedAereon shad, in
the opinion of the Chief of Police, or his duly appointed ra "resentative, c nflict
with or imitate any color scheme, identifyiri �'d� ign, mono am�or insignia used
on a vehicle or vehicles-aea2ty o erating1 der his article in such a nian a as
to be misleading or tend to decre e or def aud4h public; d provided further,
that if, after -a license has been 'sued for to ab hereu de , the color scheme,
identify�in'g'design moat Y,..rai �or insigrii used b any other person, owner or
opbrator, in such a ;manner�as to be mis ading or tend to deceive the public, the
license of or certificate covering suchaxtcab or taxicabs shall be suspended or
revokeld. The vehicle 1peratorrghall also be required to display the decal
affirming the safcondtiop of the vehicleJIn addition, every taxicab shall have
affixed to its roof an illuminated, sign bearing either the word "taxicab" or "taxi.
117.43 Acceptance, Discharge Of Passengers
(A)'D t es of Drivers.
(1) Restriction on number of passengers. No drivers shall permit more persons
to be carried in a taxicab as passengers than the rated seating capacity of
the taxicab as defined by the vehicle manufacturer. Every taxicab, as
'required by state law; shall carry a child safety seat and the driver shall
know how to properly install and safely use such device. A child under
six years of age, properly restrained by a child safety seat shall not be
counted as an extra passenger when accompanied by an adult.
U7
• •
EXHIBIT "A"
(2) Refusal to carry orderly passengers prohibited. No driver shall refuse or
neglect to convey any orderly person or persons, or any person or persons
accompanied by a seeing eye dog, or a seeing eye dog upon request,
unless unable or forbidden by the provisions of this article to do so;
provided, it shall not be unlawful for a driver to refuse or neglect to
convey any passenger who has previously refused or failed to pay a legal
fare as provided in this article.
(3) Prohibitions of drivers. It shall be a violation of this article for any driver of
a taxicab to solicit business for any hotel or motel, or to attempt to divert
patronage from one hotel or motel to another. Neither shall such driver
engage in selling intoxicating liquors or use his vehicle for any illegal
purpose.
(4) Passengers Without fare prohibited. No driver shall permit any person -to be 1
carried in a taxicab as a passenger without payment of the airfare
mentioned in this article while a fare -paying passen.eris also lemg
carried in the cab.
(B) "Shared Ride" vs. "Exclusive Ride." All persons engaged ni the taxicab 1uAness
in the city, operating under the provision. of this iark,,enihall render an
overall service to the public -desiring to use taxicabs. Such service mayjlie a
"shared ride" taxicab-s�st€m were they � risenk of paslse� gers is not heeded to
pick up or dischar Ie addition 1 passeiif ers; nor to cliod e the route taken by
the vehicle; o; such[serrvI may /b flex llusive r-i'l�ie" taxicab system
prove a'd'ing door -to-do r s rvice in/ ich the patty hiring the vehicle has
exclusive use of ,the vehicle and may «riirect the vehicle's route and
destination. jUjnder the shared rid ystem, a maximum of three pickups at
diff rent locations shad be permitted; after which all parties must reach their
destination before adonal pickups can be made.
(C) Resj onse'td"calls. Holders of Certificates of Public Convenience and Necessity
shallnswer all calls received by them during the hours of operation
specified on the holder's application for services inside the corporate limits of
the city 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 the city at any time when such holder has available cabs shall be
deemed in violation of this article, except. on those occasions when the Chief
of Police, or, his duly -appointed representative, declares the, streets. of the City
---
to be unsafe due : tominclement weather Any vehicle operated under the
provisions of this article shall be equipped with snow tires or chains when
L
EXHIBIT "A"
required by weather conditions.
117.44 Signed Receipt To Passenger Upon Request
The driver of any taxicab shall, upon demand by the passenger, render to such
passenger a signed receipt for the amount charged, either by a mechanically
printed receipt or by a specially prepared receipt on which shall be the name of
the taxicab company, the number of the taxicab, amount of charges, and date and
time of transaction.
117.45 Refusal Of Passenger To Pay Fare
It shall be unlawful for any person to refuse to pay the legal fare of any of the
vehicles mentioned in this article after having hired the same, and it shall be
unlawful for any person to hire any vehicle herein defined with intent to defraud
the person from whom it is hired of the value of such service.
117.46 Daily Manifest To Be Kept
Every company shall maintain a daily manifest upon which are-le',,,6ofek
trips
made each day, showing the time and place of origin and desk` ntrip
and amount of fare. The forms for each manifest shall ee)of a character a I ved
by the chief of police. rN l
117.47 Advertising A
(A)Subject to the restrictioy�s niro ided herd in; i shall b 1 wful for any person
owning or operating taxica •, bus,tin, or motor veh le for hire to permit
advertising matt ter to )e affiix d or in, e` in oroon suchoAxicab, bus, an, or
mot • v+ eTiele #Ior hirle The advertising shall f °in any way obstruct the
.b�isibn of the �driyver!of he ehicle. A�v,�ertisin on a taxicab shall be limited to
one sign locate on'f e rear,�bf the..e`hicI which sign shall not exceed nine
square feet in area. Advertis* on a bus or van shall be limited to one sign
on ach side g the v' cle and one sign on the rear of the vehicle, none of
which signs,�shall ex'eed 12 square feet in area.
(B) It shall'be unlawful for any person to display on any taxicab, bus, van, or
tom or vehicle for hire any advertisement of tobacco products, alcoholic
beverages, x-rated motion pictures, or any advertisement that is false,
misleading, or deceptive.
117.48 Enforcement
The police department possesses the
citations as appropriate.
authority under existing law to issue
117.50 Meter Rates Established
(A) It shall be unlawful for any person, owning, operating, driving, or in charge
9
0 EXHIBIT "A" •
of any taxicab for hire in the city to drive or operate such taxicab, or to use or
advertise in connection therewith the word "taxi," "taxicab," or "cab" or in
soliciting trade from the public to represent or exhibit such vehicle as a "taxi,"
"taxicab," or "cab" unless such vehicle is equipped with an approved fare meter
according to the provisions of this chapter. An approved fare meter is a meter
that registers accumulating fare charge with each amount being visible to
passenger(s).
(B) Meter rates shall be used exclusively by all taxicabs excluding waiting time except as
provided in subsection (D) below. The ceiling rates shall apply to all taxicabs operating
in the city.
The initial rates are set out as follows:
(1) Exclusive ride. Ceiling rate, no more than a rate of:
(a) Initial meter charge .... $2.00
(b) Charge per mile .... $1.50 `
(2) No more than $1.00 per additional person shal�l a charged.
(3) Waiting time ceiling rate, not,to-exceed $18 m per hour.
(C) Passengers shall pay on y the fa which/ippearsothe meter. If no fare appears on
the meter, the passenger'sx' e shall e free, exc pt as p?ovided imsubsection (D) below,
and exclu ngyva ug time.
% /� �, 1
(D) A axicab opter�or �m y m`ake�specia�ontractual arrangements in advance with
persons at fares either higher or lowerfthan those set forth by this article, but such
contr'act must be m �vritirig and a cop thereof filed with the City Clerk.
10
0
EXHIBIT "B"
ARTICLE V
LIMOUSINE SERVICE
117.60 Definition
For the purpose of this article, the following definition shall apply unless the
context clearly indicates or requires a different meaning.
Limousine service. Transportation service over the streets of the city, in a type
of automobile commonly referred to as a limousine and having a manufacturer's
seating capacity of at least eight persons, including the driver. This definition
expressly excludes taxicabs.
117.61 License Required, Fee
It is hereby declared to be a privilege for any person to furnish limousine sere c,
and no person shall engage in such undertaking without first payin 4o the duty
an annual license fee of $100.00 for each limousine used on the`s e is of the city,
for the privilege of engaging in such business. The fee.sh ]lobe a` on o before
January 1st of each year.
117.62 Vehicles To Be Kept Safe And Sanitary ii;j6dt
Every vehicle operating under this ar c1eA shall bebto a �tho�ugh
examination and inspection b the FletDrvision of thiCity. The c�ostof said
inspection shall b at a r t set by�� e FlAt Super tendent and shall be
calculated -at the hour y ch ge scheddle utfiiAd by1 the ivision. The vehicle
must'�mp'ly�wi suer real nable rul and re gi a iens as may be prescribed by
the Chief of )Police) o 1uslduly ap`• ointed representative. These rules and
regulations shallbe pr • mulgated to1p "vide safe transportation and shall specify
suchsafety equipmentnd r�gi'a'tory devices as the Chief of Police, or his duly -
such rated reprpsentati .e, shall determine necessary. The vehicle, upon passage
map
of; a inspecf`I sl ll�be affixed with a decal that certifies the vehicle as safe to
open to nihf city of Fayetteville.
11063 Liability Insurance
No person shall furnish limousine service unless and until such person has filed
with the finance director a copy of a motor vehicle liability insurance policy
issued by an insurance company authorized to do business in the state,
providing limits of not less than $25,000.00 for personal injury to, or death of, any
one person in any one accident, liability limits of $50,000.00 for personal injury
to, or death of, two or more persons in any one accident, and $25,000.00 for
injury to or destruction of property of others in any one accident.
0
EXHIBIT "C"
ARTICLE VIII
PROHIBITED ACTIVITY AND PENALTIES
117.98 Prohibited activity
No person or company shall provide or offer to provide motor vehicle
rides to passengers if such service resembles a taxicab or limousine service unless
the person and company have fully complied with Article IV Taxicabs or Article
V Limousine Service. It shall not be a defense under this section if rides are
offered to passengers for tips or gratuities only.
117.99 Penalty
(B) Any person or company violating any of the provisions of Article
IV §117.30 through §117.50 and Article V §117.60 through §117.63 shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined not
exceeding $250.00. Each occurrence and each day's continuance shall be
considered a separate offense. In addition, the city shall have a right to revoke
the permit or license required by §117.37 and §117.61 for any person or company
convicted of violating Article IV or Article V.
(C) Any person violating the provisions of §117.98 Prohibited Activity
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
fined not more than $500.00. A second and any subsequent convictions of
§117.98 within a one year period by the same person shall result in fines not to
exceed $1,000.00 per occurrence.
STAFF OIEW FORM - FINANCIAL OBLIGATIOP
x AGENDA REQUEST
_ CONTRACT REVIEW
GRANT REVIEW
For the Fayetteville City Council Meeting of: Septeember 21, 2004
FROM: Chief Administrative offider
Hugh Earnest.
Name Division Department
ACTION REQUIRED: Adoption of an Ordinance amending Title XI: Chapter 117 Article IV: Taxicabs, and Article
V, Limousine Service, of the Code of Fayetteville.
COST TO CITY:
Cost of this request
Account Number
Project Number
BUDGET REVIEW:
Category/Project Budget Program Category / Project Name
Funds Used to Date
Remaining Balance
Budgeted Item
Budget Manager Date
CONTRACT/GRANT/LEASE REVIEW:
Accounting Manager
City Attorney
STAFF RECCbAIENDA
Division Head
Date
Date
Program / Project Category Name
Fund Name
Budget Adjustment Attached
Internal Auditor
Purchasing Manager
Received in Mayor's Office
Cross Reference:
Department Director Date
ex% Previous Ord/Res#:
Finance S Internal Services Dir. �j Date Orig. Contract Date:
d /Orig. Contract Number:
Chie dministrative Officer Date
New Item:
Mayor
Date
Yea
Date
Date
No
FAYETTOILLE 0
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
Fax: (479) 718-7695
city_clerk@ci.fayefteville.ar.us
DEPARTMENTAL CORRESPONDENCE
To: Hugh Earnest, CAO
Frank Johnson, Police Chief �,Q
From: Clarice Buffalohead-PearmanO
City Clerk Division
Date: October 11, 2004
Re: Ordinance No. 4623
The City Council passed the above ordinance October 5, 2004, amending
Chapter 117 of the Code of Fayetteville regarding taxicabs and limousines. I
have attached a copy of the ordinance.
This ordinance
will be
recorded
in the city
clerk's office and microfilmed. If
anything
else
is
needed
please
let
the
clerk's
office
know.
Attachment(s)
cc: Nancy Smith, Internal Auditor
AFFIDAVIT OF PUBLICATION
I, LLZ2,42,2, do solemnly swear that I am
Le al Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas
Times newspaper, printed and published in Lowell, Arkansas, and that
from my own personal knowledge and reference to the files of said
publication, that advertisement of:
° was inserted in the regular editions on
PO# L4-W 3089--LY / /
** Publication Charge: $ `7l� Y- `
Subscribed and sworn to before me this
day of 2004.
Notary Public .
cath
My Commission Expires'
}� Niy COnnnis�ion ::.� itci �2127;ti
CCCCCttCCCCCCCC<CC(C(C<GC:U U (Q GC
** Please do not pay from Affidavit.
An invoice will be sent.
RECEIVED
OCT 2 0 2004
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
212 NORTH EAST AVENUE • P.O. BOX 1607 •_ FAYETTEVILLE, ARKANSAS 72702 0 (501) 442-1700
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ORDINANCU NO. 4 23
fLE p: CHAPTER 117. ARTICLE N;
LIMOUSINES OF THE CODE OF
BD R ORDAMI DD 13Y 1fNU CRY COUNCIL OF THE[ CITY OF
FAYU11771GINLL0, ARX=SAS'.
r'»
;3XIcant is canceled, withdrawn. or has exalrad.
That Title A. Chapter 117, AddW N Taxicabs, Code of No 9 Transferof of Certificates
0..1. as ge , m e of Ord,Publicw otherM erxa and Nemssity�ray be acid:
aNpe ls heresy repealed. and Exhibit *Am attached Hammond �g� m Council.
, a otherwise tmansametl without the Comhceht of
e pert hherap(. s unsorted In Its oted. the Cry Counclf.
Seplarl That Thle p. Chapter 117. Amore V. UTOUWve, COde Of
Fayette Ce Is Hereby repealed. and Edtlbit'B' antioned hereto and
made a pen need, is inserted in its steed.
Section 3. That Title A. Chapter 117, §§ 117.98. 3 117.99p) 8 (C)
are hereby repeaed, and Fmm'C' attached hereto and made a
part hereof, is Inverted in its steed.
arc
Y.
= fN, Cf y Cork
E%HIBIT 01
ARTICLE N
TAXICABS
117.38 Suspension. Revocation Of CO Meats
(A) A certificate issued antler the provisoes of this arum) may be SUS -
context by the Chef of Pease. or his dilly-appOhted repfasename,
N the folder exempt has (1) violated arty of the prWLsois of this ae-
rie, (2) discontinued opadiae for more then 20 days. (ol) `^dated
arty Ordinances of the City. Or the Iowa federal Or seats, the Ndetbes
of which *sect unfavorably on the faeces of the folder to Offer PW
Iic transportation.
(B) The Chief of Police, or his duly -appointed rephoormatNe, shelf
Inform this City Council of all such suspensions. and may see W-
ommend the revocation of a cartificate. Upon won RGIXnmendation.
the Gy Council shill set a time and place fa a ravocatlan hearing.
The holder doll be given notice of the proposed eclon to be taken
and shell he" an opportunity to be toad.
11727 Taxicab Driver's Permit Required; Issuance Paeeduun
W No person Shea Operate a toomb for Him upon the Guests of the
city and He parson who owns or Controls a tax lcab shell Pewmt it in
be so driven, and a taxicab aar¢e0 by ere city den be so driven a
any' fine far hire, unless the driver of said taxplab del fade Net
pbtgirod and Shet teal men to force a taeCabxldver's pemul Issued
under the provisions of this suWhapter.
(B) Application required.
(1) An explosion for a taxicab driver's permit del W filed with the
Chet of Polka, or his duly -appointed repreentaewa, On forma pro-
vided by lee city and won application shah be veiled under oath
and shall contain the folbrNng information:
Is) The rertres and addresses of four residents of count, who
have knamt me apdcant for a period of cre year and vvx° will
vouch fa the sabot, honesty, slier general good daHo of
the applicant.
(b) va comhcse hproof Weshis aapp� twenty one (21) years
ofand-
age Waory lrco
Oi ape a War. a eguired by Arianses Code Annotated § 14-
57-404.
(C) Before ary application is thely passed won by to Chef Of
Police. IX his ally -appointed rePres MWO, the ApPacam dot be
ere ulmlo Issued at N sate.eurrent motor venclas chaufferar 's foil
r
(p) The police department shill conduct a kcal background check Of
each applicant fa a adUb driver's pamnll, and a report of such
background check and a copy of the trafio and polka *card of me
applican6 if any shall W attached to the application for the consider -
ion of the Chief of Police, or his duty -appointed MVe tk'e.
(E) The Chef of Police, a His duyapfwrlted represents dap.
upon consideration of the application and cati n athe repots a d osnanale
required IO be attached thereto, SPWM IX retail the OPPeconei. a
the application is rejected, the applicant may ageasl a paschal
appearance befa* mW City Canc1 to Offer mvdenos sty he Apdr-
coach should be mconsiderad.
(F) Form and term Of permit.
it].31 Rabe (1) Upon WpmvW of an application for a axkeb dirk ver's pemil.
Vhe Chief of Pam. or his dory -appointed hipresenaliva, shelf
LAW toxlmbl shelf utilts a motor for Calculation of miss and such Issue a permit to the applicant WHICH shall bOa tlha name,
apparatus shall be Clearly muck to me Occupant of be vehicle, address, age, signatu* and photograph of the applicant.
(0) The Clry Council shah set the maximum allowable *tin for all aA- (2) Such permit shay be in effect for the *mantle Of the Cal
cabe. Gonv.ent with the provisions of Arkertaa Code Annotated § andar year. A *newal Permit for each mender Year hereefter
14.57-=. The Cie Card) sfslf annually review maximum slow- shelf be Issued, wee me permit far the preceding year has
eMa rate to determine 0 a Charge a Heeded. beBn fB1oked.
(G) Each cenlficaa holder mW maintain copies of the drivers Permit
application end other supporting information w king as pre drives Is
employed by the pertiemte holder. Eam camomile holder sae
Panty Inform the Ornsf of Police. IX his d ly-aciemmid rwraseh-
atNa, upon the tanner9Lon IX resignation Of a cover.
117.32 CcrtMcete of Pubik Convenience and Necessity
ROqutlroQ Lumse Procedure
(N No person SW Operate or permit a taximb owned. leased or Cbn-
mYsd by HCH re be operated ex a vaNde for roe won to strews of
the Cry v.O having first obtained a Certificate of Public
COrnaierhpe and Necessity hays the Fayetteville City COMCI 117.38 OWPay of POMH
(B) An application for a cereficete shall be Ned with the poke Every peratte under this enkde shall post his driver's permit in such
Department upon forms provided by the City, and Said Application a Place as to he h M view of all passengers wipe me driver's Oper-
aaa be vented ceder, path and shelf furnish the fdkhwryg information: aarg a taxicab, and the permit shall be Iturtiated when necessary
it) The Hato and address of the ap oicam. Including the name for vlevog.
and address of so officers and stockholders of "COrn I l
Incorporated, and to name of the person to whom complains 117.30 Suspension, Revocation of Permit
shohid be directed; The Chef of Police, or his duly-appdrm id ropreCanativa, s hereby
(2) The thandal sans of the applicant. YtehdiM the financial gin the authority to suspend any driver's cement Issue under this
sterns of to ofPCes and soddoklers of the company, it hcor- article for a driver's failure a renaal to 00n" win to PVAslOM of
porated, including the amount of W uvpad lodgments ageInst Mtls artom. such aspenvlon to last for a Period of rot more than ten
the epp5'ant (ol6cems end sWditldes Of de earperty it days. The Chief of Police, a his duly-eppdnmy representative. is
rhoorpowaed). and the nature of e10 mamsactlon IX eca 9a'vv9 also given eumhey to revoke any driver's Palms far here d comply
rise to sea judgments; with the provisions Of he andde. However, a permit may at be sus-
(3) The wpwWce Of he applma hdu*V al officers and pereveld or revoked mass to chimer has received notice and as had
stodOhdders of ere company. it incorporated, In the bamspona- an oppatw* to Pasant evidence h he behalf.
tfon of passengers:
(4) Any acts WfiiCh the apptlmnt Waves lea to pare met 117AO Failure W Comply with Applicable Law
pubic carreNence and necessity require mW granting Of a Car- Every driver Ikxrsed under his artde shall Campy win of GAY. sate,
efface: and federml owes. Future to do ao will justly me Chief of Police, or he
(5) The number of vehicles to be available for operation or con- duy-eppoiNed Mmsemaths. in InstltWng proceedings for reaoca-
noted by the applicant and the location of proposed depots text of the bei
and families, The Appfimrvt self furnish a minmun used Him
them *rhea of vehdes to be permitted;
(6) The color WHOM IX raigNa to be used to designate the
vehY1e a vellides of he applicant
(TI The mars between vin ch the applicant proposes Weravds
tamCab service to me general Pubic, and this days, it arr6 on
wtmri the appeoant does ate propose to provide taxicab Sev-
ice to ere general pubic, end:
(B) The Me sHedule which the appamnt proposes to use to
charge Petsergms.
(C)UpOH the Nrg of an appNation, the City Clerk shall fa a vine and
I fa a pub, heeriig thereon. WHIM nonce of such hearing
shelf be given to the appeaser end to all persons POsmossint) cu ant
and veto Cenlflcatse of Public Corwerearm and Necessity. Any
interested person gap have the right either In person or by refrall
Mntle of over own phom g. a he pHos o m of W such hearings and
to Introduce evdence and to be heard ether in support of IX OpPosl-
117.41 Signed Receipt to Passenger upon Request
The driver of any Womb shelf. upon demand by dive Vassagerren-
der to such passenger a signed excerpt for the anouN Geeged.
either by a madanicaay printed receipt or by 8 SpeDialN Prepared
receipt on which doll be the name of the taximb Company. the num-
ber of the taxicab, amount of charges, and date end are Of msnsec-
bon.
0
117A5 Refusal of Passenger W Pay Fan
it sap as ulawrs for am person a refuse to Pay the legal ten Of only
of hs v anicos montoned In this entice after having head the sere.
and it and be unlawful few any, person a I've any vehicle here n
defined wen Idea to delmid the parson tmm whoa it Is sad of the
value of such service.
117AS Daily MonMaW W a Kept
Every company step mahrein a dilly maifel won which sa too" -
ad at MPS made each day, shovAng the ifine and dace of origin and
dexhation of each trip and amount of fare. The forms far Cam Mhv
itet shell be of a character Approved by the chef of polka.
117A7 Advertising
(A) Subjwi a the rasmcWns provided heran, it Shall be IOwll for any
person Owning IX operating a nodose. bier, van. W motor vehicle lot
hire to permit ehrertsing reams a W affixed or i slated Ina on sum
taxicab, bs, vei or moor vehicle far ere. The advertising del not
In any way Oceanic! the view of tale driver of the vehicle. Advertising
on a taxicab shall W hinted to one sign located an His der d the
vehicle which sign shall rot exceed Hae square ant In area.
of the ver de and Ors sign on the ever W the vehicle, none at which
signs sivall exceed 12 square feet in revs.
(B) It Shop be unlawful for cry person to display on any axime, out,
van, a mots vehicle for hie any advertisement of tobacco paduas.
alcoholic beverages, x-mead motion dcluess. IX any adveNsoment
met Is is", misleading. IX deceptive.
117.41 Vehicles to Be Kept Safe and Sankey
Every vettltle booming under this Wade shag be subject to a'thxr-
ouugh emmNation and hepectlon by f Reef am
of ere Coy, 0
hckde veryx'in sh d he a me se bi eaen e s mad. The mL of
said ns Calcul sal tt e a ins set by sc Reel Untood by
and
seal be mluion, c d the hoary' rs rgeshot
spay W i ineW he hive dM-
(I In addition, maNmte holders shin pay an eahual ore hundred
The dollar lea per Mly W to shay Ire Grye administrative msa.
The voile must ceed b win such *awade Me era duty-appointed
appoi ona
e may to pre Those by the Chief OI Police, or he promulgated
to
representative. transportation
Them rules andhallSD regulations shill be promulgated to
andre safe trenvPces se and shell special such eateN equipment
end regulatory devices a to CMal of Police, a his tl ponPas age
ofted
an Inspection
sail bea ixe necessary. aC The et d upon passage
of safe
le to operate
Seep he city f with a decal dal mNfle the veride
e sea a operate In the dry Of Fayettevilfe.
117.42 Designation of Vehicle as Tbdcab by insignia or the
Like
NO veryde covered by the terms of this Ntida sal be lowed whose
poor seems, ldentilyrg design norxgmer. for Insignia to be used
moms ,dal. In the option of me Chief of Poke, IX his duly -appoint-
ed m,Qfesalatn9. CIXINd win or imitate arty Color scheme, identify-
ing design, motxgnsm a insigne used on a vehicle or vehicle
already operating under the ample, In won a menrwr as to W mis-
leading a tend to deceive or defraud the public: and provided further,
that p, after a license Has poison IBeled for 8 ULAWn Hereunder. the
Data scheme, denmi org design, moregrsm or Insigne Is used by
ay other person. Owar, a operator, h such a manner as to be ms-
eadi g a tend to daceNe the pubic, the loans of for certificate cov-
rsuct taxicale or tatelcapre shmall be suspended or revoked. The
vdiltle operas shad also be Mdmd to display mW Coma Mvrn'ug
the safe condition of the veh'de: In addition. Wary tedmb sal love
asked to its =1 an ¢unmated sign beerFg doer he ware 9auab'
a't8xi.'
117.43 Axepance, Discharge Of P gsm
W Duties of Drivers.
(1) Rsstricnon on number of Passengers. No Ohvers Shea per-
mit more persons to be armed In a taxicab as passengers man
the rated seating capacity of the taxicab as defined by the veN-
de manufacturer. Every taxicab, as required by sate few. shall'
carry a did safety seat and the driver shall kHCW how to III
arty YstaM end safely use such dorm. A child under sic years
of ago. papery Mounted by a cold safety seat calf al He
counted a an airs passenger when amompaNWd by an adult.
(2) Rames to marry anderty passengers Walmoded. No driver
snap mane or nag act to covey ary art" Person Of Person,
Or any person a pistr accartCeread by a seeing eye dog, a
a seeing eye ON upon *quest, unless cable a forbidden by
the pov'is evs of this amide to do w; provided, 0 ehW rot be
unawfiA for a driver to refuse or neglect to convey any paper -
get who has previously refused or fWed to pay a legal two as
prWe id In its article.
(3) Pirintp ions of drivers. It shall be a violation of his article for
any driver of a taxicab to solicit business for any, Hotel or motel,
or to attempt to divert pamorage from Oa Mal a motel to
another. Neither shall such driver engage In selling MOACR hg
apecre a use his voiJde fa any Negri Purpose.
(4) Passeggerrs Wt out Fare pmhhibmie. No driver shell Perrot
any person to he mined In a taxicab as a Passage without
Payment of the legal Jam the the wide wr e a fare -
vison; of this chapter. An Opproved fare meter IS a meta that regs-
ters accumulating are charge With each amount being visible to Pas-
sergeffs).
(B) Meta Home shelf be used exdusrvey by of taxicabs excluding
waprvg time expect as provided in svbsectipn (D) below. The al3hg
rate shah apply to W taxicabs coasting h me city.
The vast ate am sa eta ee aUJWS:
(1) Bccius+a ride. Cei hire, a rtwre tlren a We of:
(a) makii rater charge: $2.00
(b) Charge per ate: $1.50
Person SW W chargod
(3) vyaiatg time wiling ranee. Hot t
)exceed $18.00 Per hour.
(C) Passengers shop pay only the fare which apP6ere On ere fnater. N
no fare appears on the meter, the poseanga'a ere cop be eras,
except as provided in subsection (D) below, and exdudhp watleh )
the.
(D) A taxicab Operator MY make special Co tredeal wmngetnena In
advance with parsons at arcs either higher Or ONAW than these eel
forth by this anide, but such contract must be In wi ting and a COPY
thereof Neer win the Clry Clark.
ARTICLE V
LIMOUSINE SERVICE
117.80 Definition
For the WPM Of ins snide, me following dentition sal
mess he coned clearly indicate or requires a difla*m roan
Limousine service. Transportation senwfce Ova
In a type of eutommlle commoraY stared to a
hg a mealadumr's seeing capacity Of at
including the Over This defuiiiIXh expressly a
i W be Kept Sea and Sanary
ersong under this reticle shell be subject to a thor-
n end Inspection by the Flet Division of the City. The
nspecnon shell be at a ate ml by the Flml
and area be calculated at the heuy Charge sdedule
Asian, The vehicle must comply with teen reasonable
tons as may be prescribed by the Chet of Poke. or
ed represamative. Them nil and regWaaprs Half
to provide safe VaspenanM end shag specify such
it and regutaay device as he Chef of PWCa. IX his
repremnaliva. d,W deamha necessary. The veriICID-
ge of
to o op el�n the be � m Feyenevvft doCal tail
117.153 Lability Insurance
No person shot furnish limousine service unless and until Sum per-
son hes filed with the finance director a COPY Of 8 mbter vehicle Wl'
WHY hauredoe policy Issued by an i sumnce company authorized to
do business h the sate p tivieng Ihite of at less than $25.000.00
for personal Way to. or death of, any one person In ay One acd-
dent, lsepity pals of $50,000.00 far pemonW hiuy to. or death of,
two or more persons h arty chat ecadenl, and $25,000.00 fix hyry
to IX destruction Of property Of Others in any ale acc dent-
EXHIBR'C
ARTIC E VIII
PROHIBITED ACTIVITY AND PENALTIES