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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 That Title XI, Chapter 117, Article IV: Taxicabs, Code of Fayetteville is hereby repealed, and Exhibit "A" attached hereto and made a part hereof, is inserted in its stead.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 That Title XI, Chapter 117, Article V: Limousines, Code of Fayetteville is hereby repealed, and Exhibit "B" attached hereto and made a part hereof, is inserted in its stead.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 That Title XI, Chapter 117, §§ 117.98, & 117.99(B) & (C) are hereby repealed, and Exhibit "C" attached hereto and made a part hereof, is inserted in its stead.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 22 23 24 25 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. 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W.v �r�rbmrYyM0.poW.tl am svrbmMb.YW tlrnrrq anw� am �dr.nvcvm Manrarwberrmmrprb µ .eno. wra.aer.eN. w....,eww womb... wee q rmw qr M1 aer ne w�+ro meo.d m ma gmrn m q..r.brw. n w brr. `r' Fn.bora..wc.roY.nmwYr. +raY.Ywe.wsmr.rm.w.n.w mr. +.YmYeO.ugtm.>.` _. ��+tlmd..amv.w+:.oaeom.daurm. .0 Yrr, rwasrmbreb Yreer sew W Milot0.wl W M1YrnogYeYY IIbLrW Wv rm .errw bmY+wv arty. nvodnn a ear b b ra NmrrnM1gnrnd M1OV gwn.err a., rwou' .wm.namm�mwn.. b.+a� K a.U� rmvwn a .yn un v rYtle rrirym�evy sr py, nuns 0.evrwbrN ear l.en. brlir bn aal4 m �,M1 0.v �.M1N.V �^�^veVw risl�b .� q bw b a'wvr M1 dre: M1 i�"w.. a v wmw m. wro.m bme q unrb nr b..wee q rn<.n. .M1rm r r wd.� a,rbde e, a.wa m'r M1.oa •.m� qm� raa.•rr rYu meo.rw R-FVW m v unnaN morenm.c.mn uo YernUrs warty taro 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