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HomeMy WebLinkAboutOrdinance 4661ORDINANCE No. 466> - 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 That Title XI, Chapter 117, Article IV: Taxicabs, Code of Fayetteville is hereby repealed, and Exhibit "A" attached hereto and made a part hereof, is inserted in its stead.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 That Title XI, Chapter 117, Article V: Limousines, Code of Fayetteville is hereby repealed, and Exhibit."B" attached hereto and made a part hereof, is inserted in its stead. PASSED and APPROVED this 21st day of December 2004. ,��G•G\�Y p�.l�pi APPROV c ;FAYETTEVILLE; = By: -9s'9:QKANS:«�J?a' DA COODY, May ti�HGrorL ATTEST- By: SONDRA 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, 0 EXHIBIT "A" i 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 or limousine 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 or limousine service to the general public, and the days, if any, on which the applicant does not propose to provide taxicab service to the general 2 • EXHIBIT "A" • public, and; (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 or limousine 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 or limousines 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. Permit decals shall be placed on the rear window of the permitted vehicle, and be clearly visible at all times. 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 0 • 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, 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 § 14-57404. (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 Commercial Driver's License (CDL), issued by the state allowing the transport of passengers for hire. (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- 6 • 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 • 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 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) "Shared 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 8 • 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 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 authority under existing law to issue citations as appropriate. 117.50 Meter Rates Established (A) It shall be unlawful for any person, owning, operating, driving, or in charge 9 • 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. 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, and obtaining a Certificate of Public Convenience and Necessity. 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. • EXHIBIT "B" • 117.64 Licensing requirements No Certificate of Public Convenience and Necessity 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 limousine business. Permit decals shall be placed on the rear window of the permitted vehicle, and be clearly visible at all times. 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. NAME OF FILE: Ordinance No. 4661 w/Ex. A CROSS REFERENCE Item # Date Document 1 12/09/04 Staff Review Form 2 draft ordinance 3 memo to Kit Williams 4 Affidavit of Publication 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NOTES: D 20 ALDERMAN AGENDA REQUEST FO11M FOR: COUNCIL MEETING OF DECEMBER 21, 2004 FROM: KIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: i Z-/zI /49� q (oS3 d . iapftt 11 T,W, da6S /z<mO5 An Ordinance Amending Title Xi: Chapter 117, Article IV: Taxicabs, And Article V: Limousines Of The Code Of Fayetteville APPROVED FOR AGENDA: 112i 9 lZooq City Attorney Date Date I 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: Limousi'�rtii;;S, ioe of Fayetteville is hereby repealed, and Exhibit " B" attached here q an made apart hereof, is inserted in its stead. r4 r PASSED and APPROVED this 21st,d"ay of Decemb1ee200 . I � A'PRO- ED: DAGO DY, Mayor ATIiEST: By: i SONDRAAMITH, City Clerk • 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 nd "Necessity has been issued. 4-- " Manifest. A daily record prepared . a taxicab. drive and/or taxicab company of all trips made by company ehicles showing„4tme and,,: ace of origin, destination, number of passengers, d the amou f fare of each ,p. Person. Includes an individual, corpo ation, o other legal entity, a partnership, and any u iincorntated asso - Abn. ) Rnte card. `IA ar d i sued by the city for con, picuous display in each taxicab whtc contams.E e rate oPfarathen-in rce. l xicab. motor vehicle regularly engaged in the business of carrying passingers fo ire' ; ing a seating capacity of not more than seven passengers and not op ated on a fixed route. This definition expressly excludes limousines. ailing 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 or limousine 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 oh and shall furnish the following information: (1) The name and address of the applicant, including the nam� add' ress of all officers and stockholders of the company„-rf incorpgrated, an& the name of the person to whom complaints should drected; (2) The financial status of the applicant; 'in luding the .-i ' coal status of the officers and stockholders of the com `'an. , if incorp rate , includin' • e amount of all -uri julgments` gai t the p� licant (officers and stockholders ofy tl comny, if/torpor ted), �a d the nature of the transaction or actsth ivi wise to ski g ents; J� N The experience ofe applicant cludin all officers and stockholders of the company, if ji rporated,ti transportation of passengers; (4) :Any factswhich� the applicant believes tend to prove that public convene • ce dad necessity require the granting of a certificate; (5) ; e 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 or limousine service to the general public, and the days, if any, on which the applicant does not propose to provide taxicab service to the general is 0 • EXHIBIT "A" public, and; (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 or limousine service-inthe city is required by the public convenience and necessity ana the applicant is fit, willing, and able to perform such public tra sport tion and to conform to the provisions of this subcha `te , the the city) lerk shall issue a certificate stating the name and ad res of the applican the number of vehicles authorized underthe cert'fic to and the date of issuance; otherwise, the application shalbe denied. (2) The City Cou r i1-s l'Menj any ap plication in whl ich the propo'sed'hours of service or tli`e:p oposed�rate sch dule ar, found-o_be unreasonable to (3) In making the 11bove\indirig& the "City Council shall take into consideration the umber of�ts or limousines already in operation, whether existing transportatlon is adequate to meet the public need, the probable fectocreased service on local traffic conditions, and the ;haracte , experience, and responsibility of the applicant. 117.3M]5ility Insurance (A)' Except as set forth in subsection (B), 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 0 EXHIBIT "A" • (B) An applicant may satisfy the insurance requirements of this Section by providing a certificate of self-insurance issued pursuant to A.C.A. § 27-19-107. 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. /l (B) Surety Bond required. No certificate shall be issued unless and until the applicant ss I ile wifh the City Clerk a surety bond in the amount of $100.O�,I c nditioned upon the applicant establishing, maintaining, and con.1nuir thel p oposld service until such time as the certificate issued to the applic; t is cane 11 d rw,ithdran.otl has i 1expired. �— ) (C)Radio dispatch requi$ed. J Every certificate hold r shah maintai�n+aio ispatchrsystem in operation ing""tlte hours ope atio set fortl%jin the application for the Certificate of 5lic` Convenienc an' Neceslsity, � a�pable �f�oviding reasonably prompt ✓ice in respons tore ues�. receive • y telephone. Two-way radios are the fer d system.itize Ban dr(C radios shall not be used. Any holder of a tifioate of Pudrric Coenience and Necessity at the time of passage of this inane shal1haversix (6) months from the effective date thereof to comply with `el))) 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 0 • EXHIBIT "A" • (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 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 i (A)No person shall operate a taxicab for hire upon the streets of the:ciand no person who owns or controls a taxicab shall permit it to b�rin ,lad no taxicab licensed by the city shall be so driven at an, -=time or f�iir�, unless the driver of said taxicab shall have first obtained and shall have then in fo ce a taxicab driver's permit issued under the r; visions of th s subrAhapter. , I (B) Application required. i (1) An applicatio�'�po'r taxied drive permit hall lie,,redith the Chief of Poli�,c�e;; :..o,�rhis du'1,# appo' ted rep en a�hu onlif 4 rims provided by the 1 26i4.0 ndt:su�ch ai ulicaa 'on shall verifiecr.under oath and shall contain .� the followm infoiamatron: a a) The na es andaddresses of four residents of county, who have known the a plicant l `o a period of one year and who will vouch for the sty, honesty, and general good character of the applicant. 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 61 EXHIBIT "A" • 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 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, sign tureand photograph of the applicant. �� (2) Such permit shall be in effect for the remainder renewal permit for each calendar year treafter permit for the preceding year has beef r yoked. (G) Each certii application vt 117.38 Disp Every perm to be in' full or i of a A the of the driversp permit o 'tt� g as the driver is 1eslaolder shall promptly representative, upon the finder; t 'article shall post his driver's permit in such a place as of all assengers while the driver is operating a taxicab, and the uminated when necessary for viewing. 11759 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. I1 EXHIBIT "A" 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 - 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€e transportation and shall specify such safety equipment and regulatory' vi des as the Chief of Police, or his duly -appointed representative, haall determine necessary. The vehicle, upon passage of an inspecti ljos, `ll'_ e'ed' 1'th a decal that certifies the vehicle as safe to operate in the city, 011 Fayetteville. 117.42 Designation Of Vehicle As Taxicab By Insignia Or T�-erLike No vehicle covered by the terms of this J tic e shall lie licensed whose color scheme, identifying designf-men gram, or insignia to be used thereop shall, in the opinion of the Chief of Polic , or his ly ap ointed representative, conflict with or imitate'any color chem , identify' esi mo ogm or insignia used on a-ve d or veli}des a ready operaei under lth r�cle, in such a manner as to be isleading, oil tend; oo de\c ive or , fraud't e public; and provided further, that'ifafter a licen e has beenissued] • a taxicab hereunder, the color scheme, identifying design mono Yram o '' ignia is used by any other person, owner or operator, in such mann s to be misleading or tend to deceive the public, the licer'se of or eertificat covering such taxicab or taxicabs shall be suspended or revoke vehicle operator shall also be required to display the decal affirmirjgot' e safe condition of the vehicle. In addition, every taxicab shall have affi ed 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 7 EXHIBIT "A" six years of age, properly restrained by a child safety seat shall not be counted as an extra passenger when accompanied by an adult. (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 shale omit aniy`'personiio be carried in a taxicab as a passenger without pay ent of the legalij fare mentioned in this article while a farg-paying pas'engei is also being carried in the cab. rthel (B) "Shared Ride" vs. "Excl R " All 1p.1 sons ngaged itaxicab►business in the city, operati% . under he proions.,, this lar 'cle, shall render an overall -service to tli"e ublic esirinrngge tazi,ab Ju service may be a sli eii r d to cicabIs stem where rit o assengers is not needed to pic up or discharge additional pase or to choose the route taken by the vehicle; ;or such service a by an "exclusive ride" taxicab system providing door to-do r ser u m which the party hiring the vehicle has 1 exc usive us' ofthe ehicle and may direct the vehicle's route and dest,ination nde the shared ride system, a maximum of three pickups at difftrrent�locations shall be permitted; after which all parties must reach their deestufation 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 0 EXHIBIT "A" 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 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 he 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 intentst de and the person from whom it is hired of the value of such sery ice. �'; 117.46 Daily Manifest To Be Kept Every company shall maintain a daily manifest upon whitrarecorded all trips made each day, showing the time and plac of rigin and�on of eac trip and amount of fare. The formsrfor each ma es, shall be o a chaliacter approved by the chief of police'. r :< 117.47 Advertising / 7/ /t; 0A)Su0' 0?'to"fhe restrictons rovided/J?eein, it ;sh l be lawful for any person ''owfing or pe ting�a, taxicab, bus, an, or motor vehicle for hire to permit ` e aff"-'d or.4' t lled in or on such taxicab, bus, van, or adv rtising ma, er tob motor vehicle or liir The advertising shall not in any way obstruct the L. _. �isn of the��iver,of t" vehicle. Advertising on a taxicab shall be limited to one sign located on a rear of the vehicle which sign shall not exceed nine squLre,feetin area. Advertising on a bus or van shall be limited to one sign o�,n�e-aen side of the vehicle and one sign on the rear of the vehicle, none of 'v ich 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 authority under existing law to issue citations as appropriate. 0 • EXHIBIT "A" • 117.50 Meter Rates Established (A) It shall be unlawful for any person, owning, operating, driving, or in charge 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 (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 pera d i nt of nt o a person sh 11 e, _harged. ems' (3) Waiting time ceiling rate not to xceed $18.18'perlhdur. (C)+1?as engers shallRpay [orily�;he fare whit appears�n the meter. If no fare appears on the met r, the passengers rt�ic shall"lac free xcept as provided in subsection (D) below, and exctludin¢ wai'tink tirnet (D) A axicab perat4 make special contractual arrangements in advance with persons at fare 00either higher or lower than those set forth by this article, but such contracb.mustlbe in writing and a copy thereof filed with the City Clerk. 119 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. 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 eity an annual license fee of $100.00 for each limousine used on the streets-vf e ccity, for the privilege of engaging in such business, and obtaining a�C IAfi ate 'of Public Convenience and Necessity. The fee shall be paid oncPi b fore January lst of each year. r, 117.62 Vehicles To Be Kept Safe And Sanita Every vehicle operating under this article shall• a subject to a thorough examination and inspection by the-FI�P`Divion of th4City. he cost o said inspectio hall be ndent a d shall be calculated at the hourly charge at a rate set by the Flbet Superiri schedule -utilized by Ith+�1 d ji '�n. The vejuc`1'eomi st com�~y with such reasonable rules and regulations as�may be presI ibed by th @6ief of Police, or his duly - rules represIntati'\These ruleand regulations shall be promulgated to provide safe trans�po to 'on and shall sscify such safety equipment and regulatory devices as the Clief of olice, or�his duly -appointed representative, shall determine nece�sary. The ehicle, u n passage of an inspection shall be affixed with a decal that -ertifies/as safe to operate in the city of Fayetteville. 117.63-Lial5ility Insurance (A)-�`Ixcept as set forth in subsection (B), 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. (B) An applicant may satisfy the insurance requirements of this Section by providing a certificate of self-insurance issued pursuant to A.C.A. § 27-19-107. • • Page 1 of 1 2749407. Self4murers. (a) Any religious denomination which has more than twenty-five (25) members who own motor vehicles registered in this state and which prohibits its members from purchasing insurance of any form as being contrary to its religious tenets, or any person in whose name more than twenty-five (25) vehicles are registered in this state or any political subdivision or municipality of this state, individually or collectively, may qualify as a self -insurer by obtaining a certificate of self-insurance issued by the office as provided in subsection (b) of this section. (b) The office may, in its discretion, upon the application of the religious denomination, person, political subdivision, or municipality, individually or collectively, issue a certificate of self-insurance when it is satisfied that the religious denomination, person, political subdivision, or municipality is possessed and will continue to be possessed of ability to pay judgments against them. The certificate may be issued authorizing a religious denomination, person, political subdivision, or municipality, individually or collectively, to act as a self -insurer for either property damage or bodily injury, or both. (c)(1) Upon not less than five (5) days' notice and a hearing pursuant to such notice, the office may, upon reasonable grounds, cancel a certificate of self-insurance. (2) Failure to pay any judgment within thirty (30) days after the judgment shall have become final shall constitute a reasonable ground for the cancellation of a certificate of self-insurance. History. Acts 1953, No. 347, § 88; A.S.A. 1947, § 75-1488; Acts 1987, No. 590, § 4; 1989, No. 189, § http:HI 70.94.58.9/NXT/gateway.dll/ARCode/title34943.htm/subtitle34971.htm/chapter35... 12/9/2004 Nsw d .,; „oA.a • EXHIBIT "A" • tI,, a f (B) An applicant may satisfy the insurance requirements of this Section by providing a certificate of self-insurance issued pursuant to A.C.A. § 27-19-107. 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. Permit decals shall be placed on the rear window of the permitted vehicle, and be clearly visible at all times. 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 purch e� of for hire tags from the State of Arkansas. k' i (B) Surehj Bond required. No certificate shall be issued unless and until the appl" ' is t hall file with the City Clerk a surety bond in the amountrI $100.00,' cAnditioned upon the applicant establishing, maintaining, and continuing the p,r/,/oposd service until such time as the certificate issued to the applicant is cancelled, withdrawn, or -has expired. Ever certificate holdbr�-shall maintain a radio dispatch system in operation during the hours of operatioo�set forth'in thertpp cation for the Certificate of Public Convenient and Ne e sity% ble of providing reasonably prompt service in respons to �re uests eived by telephone. Two-way radios are the preferred system Gnt zens'Band (CB) radios shall not be used. Any holder of a Certificate of,Public4C�enience and Necessity at the time of passage of this ordinance .sh�,all have six (6) months from the effective date thereof to comply with thiswrovision. (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 • 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. 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't pl the city an annual license fee of $100.00 for each limousine used on the-s`fkeets of the city, for the privilege of engaging in such business, and obtaining a Certificate of Public Convenience and Necessity. The fee shall be paid n or before January 1st of each year. rj 1 117.62 Vehicles To Be Kept Safe And Sanitai Every vehicle ope j, -Ound r this aJAc'le hall berubje;t to a thorrough examination and inspeHon)by the Fleet Diyisn of thCity. The cost of said inspection shall be at� a rat set by th'JFlee Superi%fendent and shall be calculdtecl 'at t�e hourly�ct�ta ge sche.'�u'le utilized y e division. The vehicle musi omply with sucla reasonable rul s and e ations as may be prescribed by the �hief of P ce" his duly- pinted representative. These rules and regu ations shalle prmulg to ©vide safe transportation and shall specify suchsafety egpmennd regulatory devices as the Chief of Police, or his duly- appninted regresen,�atishall determine necessary. The vehicle, upon passage of an insp"tion shall be affixed with a decal that certifies the vehicle as safe to operate in the city of Fayetteville. 117.63 Liability Insurance (A) Except as set forth in subsection (B), 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. • EXHIBIT "B" • (B) An applicant may satisfy the insurance requirements of this Section by providing a certificate of self-insurance issued pursuant to A.C.A. § 27-19-107. 117.64 Licensing requirements No Certificate of Public Convenience and Necessity 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 limousine business. Permit decals shall be placed on the rear windowof the permitted vehicle, and be clearly visible at all times. 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." K' f � O 1 s • Taye evl le ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Kit Williams City Attorney Q,Q From: Clarice Buffalohead-Pearman 4k City Clerk Division Date: January 7, 2005 Re: Ord. No. 4661 0 City Clerk Division 113 West Mountain Fayetteville, AR 72701 Telephone: (479) 575-8323 Fax: (479) 718-7695 city—clerk@ci.fayetteville.ar.us The City Council approved the above ordinance on December 21, 2004. Attached is a copy of the ordinance amending the Code of Ordinances, Chapter 117 regarding taxis and limousines. I'm sorry for the delay in returning this earlier, I've been out of the office and trying to play catch up. If anything else is needed please let the clerk's office know. Thanks. /cbp attachments •\ ./ ill I I• ''I ,t {a^ "Imorthwest ArkaAcar, Most Wider Read NeRompaper" AFFIDAVIT OF PUBLICATION I, 1 , do solemnly swear that I am the Legal le c o theN ansas 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# •' Publicatidn Charge: $ /M'. �-liY Subscribed and swom to before me this 2005. Notary. Public Sharlene D. Williams My Commission Expires: (votary Public State of Arkansas My Commission Expires " Please do not pay from Affidavit. October 18, 2014 An invoice will be sent. RECEIVED JAN 10 M CITY OF FAYETTEVILLE CITY CLERK'S OFFICE P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE. ARKANSAS 72701 • 479-442-1700 • 479-442-5477 (FAX) ORDINANCE NO. 4681 11 ORDINANCE A>QCA ND AND A b: ARTICLE LO 'Faye Ole 117, ARTICLE M. CODE OF AND AHi1CLE Y. DM- Ol1SNE5 OFTHE CODE OF FAYEFfEVILLE BE R ORDAMED BY TH3 CRT COUNCIL OF THE CRY OF FAYBfTBTLLLD, ARKANOA@ Section 1: That Title A, Chapter 117. Article M Tedcabs. Code of Fayetteville is hereby rePeded, the Ediblt'Av stead ad hereto and made a pelt hereof, is 0ifixted in Its stead, Section 2: That Tale )0, Chapter 117, Article V. Unhousiries, Code of Fayetteville is hereby recall and Exhibit -8- attached hereto end made a part hereof, is Weaned In Its sued. t , JV CUPIKItY Of hot MOIS Man seven passengers and net dissected on a fixed Wo. This deffixtion Kissing AI The time Whar a excels IS hot in motion from the time of acceptance of a passenger or to any cause other than Me request. W. or fault of a passenger or patifisangers. PJb!C Convenience and Necessity them the Fayetteville City Ocunty, city, and said application Shal bre verified under can arid shall furnish Me folisivireg intontratexi: (1) The home arid OxidnEW 01 Me Absecon. reducing Me nal Mel address of 0 Officers arid 14001401 Of Me COrnpWry. it incorponati and! the name of the person to whom oxhieficas shol be directed; (2) The financial sfil of the applicant. Including the firiancid statues of the offici and thoddixed. " 01 Me OOmPi H IrOWOrated, hckAxV Ithe amount of all unpaid judi,mants against the spoil. Clys (officers and SIO&MOICIM of the company. it incomonued). and Me nature of the mifinsactlern or am qMi riso to said Judgments; (3) The e(Parer)(0) Of 019 applicant Including Of Officars and stocleredcons of the company, It Incor consist. in Me transicorlatchn of passengers; (4) Arty facts which the applicant became tend to prove that cyclic W (5) The number Of Vehicle 0 be INGWO for Operation Or COnInfifted by Me applicant and the local. 1W Of proposed depOIS arl terminals, The applicant Mal furnish a minnneurn andi mardmunn num. (6) The color solhasernfis or insignia to be used to designate the vatecle or veracles of Me applicam: (7) The hours between which M applicant proposes to Provide tedicab or limousine service to the general PAAC. arid Mes days. 0 any. On which tho aP*Wt does net process to provide IwJcab scrv�co to Me general public, ai , (8) The rate schedule Which this applicant proposes to use to change passainglars. evid:xIce and to be heard either h support of a opposition to To Issuance of a comiscou. (D) Finfictrigis of the Dry Council. 11743 LfabBlh Irmhaence No Certlllgte of Puck Convenience fence end Necessity shut W issued a continued 0 Operation Ohm them is n ds1 tome and effect allomdlle ablity hsuance for each vehicle. The insurance shall have W NU, of not ass Ran S25,000 M personal irrlpy to, or death of, any orie person n any one eccldena, ono II em- y Imes of $50,000 for PersoreH inury to, Or death of, two or more persons in any one accident, end $25,000.00 for Iryury to or destruction of properly or others In any one accident. The nourishes shell be narb red WM an kaurance company euthhOrized to clo,daWess n the state. A cantors evidencing such Insurance shall be Ned with the lance director. r 117.34 Lleembrg ragWremenb skate shad be issued or continued! 0 operation unless the holder thereof has secured an arhnus teal fxf each VOWS 9WON the night u engage In Me taxicab business. Permit decide Ned be an the rear wtrdow of de Pemlttetl vehicle. and bit dearly visible at all toes. The karsng shell he calendar year, with Insiders required to Be annual renewal appkatidns and fees at mast Malty e pea to the hind of each yeaq end sell be In ecdtlon to cry other license face or charges esteb- y proper eNnddly and applicable to the holder or the vehicle or vandes under his operetim and All vehicles as licensed Nag be required to show proof of the purchase of for hire fags from the 117.80 QUR1M= Me Re]ocadon of CortlBeata W A cerakdte issued under the provisOne of the article nay be suspendetl by fine Chia of Police, or his duly-eppoh tea representative, It the holder thereof has (1) violated any of the provisions of this article, (2) dacontruec operations for more Men 20 days, (3) violated any Ordinances of the city, or the law, feder- al or oar, the violations of which room unfavorably On WO fitness of Me holder to offer pubic traa - I f 7.88 Display of Porl Every Peninsula under this article sMA post his cMers permit In such a pace as to be h hA Passengers wide the driver is Opemang a taxicab, and Re parmh shah be gurnirhated when ne vieMng. 117.39 Stra anaionr Keroeo8en of Farrah The Chief of Peace, m his ouy-appcmad n)preserhutNe, Is hereby given the authority to suspend any On ver's Permit issued under this article for a driver's tNMe or refusal to cc" with the PoviNon of Rik WWO. Such suspaNm to Isft [Or a Perod Of rot more than len days. The Chief of Poke. a his duly appointed representative, is also given authority to revoke any other's pemil for at re u campy with dx proisare of mice article. However, a Pa'rr6 may not be ouspergso Or revoked unit Me dicer ha MOON d M*Co and has had an OPPWU ty to PRIM11 evidence in his bahaa. 117.41D Failure Tb Carol With Applicable Leer Every driver licereed under this once shell compy with xi city, state, and federal laws. Failure to do K wig justly the Chief of Pdes, or his duly -appointed represenaare, In Instituting proceedings for revaca tan of the permit. 117AI Vehicles To Be Kept Bela And Snn f m Every vehicle operating under des Wide shal bit pArect to a thorough axarniretico and Inspection by thK Fleet Divsbn of the City, to reduce vOrilkation of the accuracy of each fare meter. The cost of said Wnpeo bon Shot be at a rate set by Me Rest S peuWendem sod shell be cabnated at the hourly charge sched Life utilized by the division. In addition. cerli ctes hoW&s Net pay an enuel ore hunched ed (100) dose IN Per vehicle. to celrW the Citys administrative casts. The vehicle must comply AIM such reasonaole n1a and regulations as may be P rechoco by the Chief of Poke. Or his (JOY-Wi3dmed repasenaG.e. Thai hies and regulations shed be prauEgaled to provde sets transportation and Mal specify such saM equipment and regulatory devices as Me Chef of Pelee, or his duly -appointed repesentativa, shell deer. none necessary. The vehicle, upon passage of an Wupection shall be affixed with a dead that certilss the vehicle W sets to operate in the city of FoyetteAle. 117.42 Deaignatlen of Vehicle As Taxicab B7 Insignia or The Like No vehicle covered by the terms of this ends shelf be dcNBec whose color scheme, i lenafyvg d 'efigni morcgram, or Insignia to be uses thereon shall, in the opinion of the Chief of Poke. or his duly-cpponF W hapr90entathe. OOmW with 0' media any color scheme, Identn ng design, monogram or inso 80Sed On a vehicle or vshkdea already operating urger this ends. In such a mercer as to W mpg a tens to deceive or defraud the pubic; and Provided funnOr, clot a, after a kose has been asued for a taxicab herarder, the tutor sceme. Identifying design. mhorog 1rn Or insignia is used by any other persen, Ovrter Or Opemta, In such c manner W to be misleading or tend to deceive the public, the Hearse of or cei case covering such taxicab or taxicabs shall W suspended or revoked. The vehks operator she] also be required to display the decal efirrning the sate cone1tlon of the vehice. In addition, every taxicab sha l have affixed to Its roof an Illuminated sign bearing either the word Yadcab' or iaxi.' 117.441 Accoplencar Discharge a Passengers W Duties of DMus. (1) Resenlifificen on number of Passergere. No (drivers Shol PWTk more persons to W canlW In a taxicalts as Passengers than the raise Existing capacity of Me taxicab as soared by Me venticle manufacturer Every taxicab, as required by state law. " carry a child safety east w Me ch va shall khOW how to PrOP011y nStal and safety M Such dareace. A child under six years of ago, POP, ortly restrained! by a child safety east Mal hot W counted as an extra passenger when soccerreel rise by an adult. 9 (2) ROLSO! to CITY Qvil passarigers prohlbifted. No driver anal refuse or neglect to convoy ary orderly person Or persorris. or any person or parsons accompanied by a seeing We dog. or a Re; ing eye dog upon request, unless unablits or forbidden by the provisions of INS WOO to do so: pro- vided, it shall hot tral unlawful fix a driver to refuse or neglect to convoy any paWaxW whe has previously refused or failed to pay a Wall fare a peravidefici 0% On article. (3) Prohibitions of drivers. It shall ba a violation of this article fix any criver of a taxicab to solicit business for any hotel a metal. or W scompt to divan passinago from bee Mal de "let to fifirifican. er Neither Mal such driver engfisge in scaing VdO)dmtbV lousers a use lifis vanice fix arty MOW (4) Passengers without fare prointiftexi. No never shal pennit any Person to be carried h a bect. cab as a passainger without payment of the fiegai tam mentioned in the article while a f�payng passenger Is also being carried! in the cab. 117.44 Bigaed Receipt to Passenger Upon Naquest The driver of any fadcab Net. Mon demand by de passenger, harder for Ma amount charged', abhor by a mechanically printed receipt or Mich shag be the name of the taxicab company, the number of Me re and time of transaction. 117.46 Normal of Pamuhper, To Pep Fan It shall be uniawaH for ary person to reNSe TO pay the 60 fare Of any Of the vGWW mentioned In dig crack) aaa hsVM head the same, and a shal W Wawiui fa any person d hip any vehicle herein c)ahed mh intent to dahoud lee person from whom It ls hired of lee value of such service, If 7.46 Dalh Man~ Tb Be Kept ) 117.47 Advergaing W Subject u the nuMcadre Provided harsh, it shell be lawful fa any person owning a operating a tad - cab, bus. van, or motor vehide fa hie to permit advertising mattes to be affixed or installed In or on such taxicab, bus. van, or motor vehicle for has. The advertising shod not In any way Obstruct the vision of the divor of the vehicle. Adv'ertisrg do a taxicab shall W Imhoff to one sign located on the hoer of the veli cle which sign Shah rot exceed rune square feel in shed. Advertising on a bud a van shall be armed to One sign On each side of the vehicle and ons sign on the mar of Me vefile, none of which ogn she? exceed 12 square test in ate. (B) it Nab be unlawful la any pawn to display do any taxicab, bus. vein, or mots vehicle fa h ei any advertisement of tobacco products, alcoholic beverages, x-rated motion pictures, or any t that is Wee. miseedfg, or deceptive. 117.481111 ement The police department possesses this authority under eetrang taw to issue cltatlon ea appropriate. 117.5011efer Ratite Established W it Mel be irlewdul for any person. timing, operating. driving, or in Gauge d any taxicab for thou n the city to drive a operate such tadrab, or to use or advert al h oavecush Merew tin the word'a d, 'fable Cob- Or 'Cab- or In SOHCi V bade from the Public to represent or serve( slum ver es a'taxi,' 'tad. cabs 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 ecaxixlatinhg are charge with each amount berg visible to psssaigegs). (B) Meier rates shell be used exclusively by NH taxicabs excluding waairg time except as provided in sub- section (D) below. The calling rates shall apply to all taxicabs operating In the city. The inigo rates are set out as totems: (1) Exclusive ride. Calling roe, no more Man a we of: (a) Idtlal meter charge .... $2.00 (b) Charge per mde.... $1.50 - (2) No more then $1.00 per addiadral person Shot W charged. (M Wal ng the ceding rate. not to exceed $18.00 per hour. (C) Passengers Shoo pay orly the fare whin appears on the meter. a no fare appears din the meta, lee pesserger's coo sal be 11198. except M Proviletl In slosecton (D) below, and excluding waiting time. (D) A taxicab operator may make special cenVecaro arrangements in adverce with concern at tams either higher or lower than those set forth by this wide, tat Such contract must be in writing and a copy leers of filed WM tharCly Clark. "NIB" NOR ARTICLE V LIMOUSINE SERVICE _ PONOB. Or' his (JOY-ofixicinted representative. "I hform ffhi� City Counce of an such sul 117.90 Deification MY cab ft r0i"Ation of a Upon such necommenecation. Me City Fee the PIPM of M article. Me folloolving definition shed apply uniass Me berated clearly Indicates a Who and place fix a revocation hearing. The holder shall be given resoce of fil ph� requal a different mew", 117.37 Taxicab DrWar•s Fenhh Required; Mafranm Procedure W No person"operate a taxicab fa no upon Me threats of the dry and no person wine owns or con - ads a taxicab shel permit it to be so driven, and no taxicab licensed by the city shal be so driven at any the for hire, unless the driver of said adcab Shah have firs obtained Orel sell have Men In tome a tied. see driver's permh Issued will the provisions of this subchapter. (S) AppBra ash required. i NW (a) The herniae and addalssall Of four residents Of c0urmY who have knowen Me applicant for a od of " year and who Will vouch for Me sobriety horesty, and general good character of (b) A concise history of his employment; and. (c) satisfactory West Met the applicant is twenty one J21) years of age or cveras; required Arkaress; Code Annotated! 14-57-404. HOW' MIiIAMIN 'I ------------ jeep Tor IT4110-100 Flf-xstffl!!�! MY Ile evidence why his apoication be n(F) Form anci term of par". (1) UPW approval of ar� Reelection for a tedcab drIW's permit. the Chief of Police. orr his OIL* aPPOhW raprocarlative. Choi Issue a permit to the applicarat which shelf boxer the name, address, MO. BVMUM and photograph of ft applicant. all. di econsderad. 117.61 Licam" Required; Fee It Is hereby declared to be a prinlage for any person to furnish limousine service, end no Torreon sal engage In such undarteking without first paying to the c y an annual license fee of $t 00,00 for each Idm ousine used M the str6ets of Me citry fa the onvi sga of engaging in such (%enaaa, and cottoning a Certificate of Pudic Cooahiahce end Necessity. The tee sag be paid on or before January 1 at of each year. 117.88 Vehicles To Be Kept Safe Arch 8ardrpry Every vehicle operating Order this article shot be sb)ect to 8 t ormo exaniallon end rhspepidn by Me Fleet DMson of the City. The cost of sad nspecten shed the at a rate set by the Fleet Superintendent and shed be Calculated at the hYry charge schedule Wlzed by the division. The vehicle must ocmPy with Such reasonable hies and reguations as may be ffireaoribec by the Chef of Peke. or his ouy-appointeo rePesentathe. These rules and reguaton shelf be promulgated to provide safe transportation and shell specify such safety eadpment and regulatory devices as the Chief of Police, or his duy-appdrned repm- senaMe, shell determine necessary. The vehicle, upon passage of an Inepecaon shell be affixed with a decal Met ceraga9 the vehicle as seta to operate In the city of Fayetteville. 117.88 Liability Imha'mwe No person shal furnish tnouora serve unless and Mg such person has Red WM Me grade theater a COPY of a mots vOlticla liability ina;rahco policy issued by sin Insurance oornpany authorized u do buo- hoW n the state. Providing idle Of rot 1e55 than $25.000.00 for pawed Wtlay to, or death Of. Yin)' are person n any Ono eOWW. ab&ry kits of $50,00D.00 for persona ini ry to, ordeath of, hive or more persons in arry are accident, and $25,000.00 fa infuy, to or destruction of property of others it any dre accident. r 7.64 Cleansing rsquln aMft No Certificate of Public Conveniences and N holder thereof has secured an annual permit ousire business. Permit sh all all be y visible at all Ames. Thea licensing shall be for of applications shed face at least thirty M arty othrer kertm tees or charges established eDOSSlty sell be Issued Or continued In operation unless the decal fa each vehicle granting the right to engage in Me Him - Paced On the rear window of lee pamltted volde, and W clear - the calendar year with holders required to tie arrKal renew - days Pror to lee erhd of each year: and shill W In addition to by POW suthahly arid applicable to the holder or Me veli- `I • ■ '. 1