HomeMy WebLinkAboutOrdinance 5503 • i►
ORDINANCE NO. 5503
AN ORDINANCE TO AMEND ARTICLE IV TAXICABS AND ARTICLE V
LIMOUSINE SERVICE OF CHAPTER 117 OF THE FAYETTEVILLE CODE
TO CLARIFY NOTICE REQUIREMENTS, CANCELLATION OF UNUSED
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY, AND
OTHER PROVISIONS
WHEREAS, notification of all holders of current and valid Certificates of Public
Convenience and Necessity should be accomplished by the taxicab applicant (as required of
pedicab applicants) rather than the City Clerk; and
WHEREAS, if a taxicab or limousine service's holder of a Certificate of Public
Convenience and Necessity goes out of business or fails to operate for one year, the Certificate
should be deemed abandoned and cancelled as it is for pedicabs; and
WHEREAS, other technical changes should be made to the Taxicab and Limousine
Service Chapters.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 117.31 Rates of the Fayetteville Code by deleting "and Fayetteville City Clerk" from the last
sentence in (B).
Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 117.32 (C) by repealing it in its entirety and enacting a new § 117.32 (C) as shown below:
"(C) Public Hearing for Certificate. When the Police Department
notifies the City Clerk that a proper and adequate application has been
filed, the City Clerk shall fix a time and place for a public hearing thereon.
The City Clerk shall thereupon notify the applicant who shall have the
duty to notify all holders of current and valid Certificates of Public
Convenience and Necessity for taxicabs and pedicabs and provide proof of
such service to the City Council. Any interested person shall have the
right either in person or by representatives of their own choosing to be
Page 2
Ordinance No. 5503
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."
Section 3 : That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 117.33 Liability Insurance by denoting the current wording as (a) and by deleting "finance
director" as the last two words of (a) and replacing them with "City Clerk," so that the required
insurance policy will be filed in the City Clerk's Office; and by enacting (b) as shown below
"(b) Insurance required under this section must include a cancellation
provision in which the insurance company is required to notify the city
in writing not fewer than 30 days before cancelling, failing to renew, or
making a material change to the insurance policy. If the insurance of
the holder lapses or is cancelled and new insurance is not obtained, the
Certificate of Public Convenience and Necessity shall be suspended
until insurance coverage required by this section has been obtained. A
person shall not operate a taxicab service while the certificate is
suspended under this section."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 117.34 Licensing Requirements by repealing (B) Surety Bond required and enacting (B)
Notification ofchange of address required as shown below:
"(B) Notification ofchange ofaddress required.
"Every holder of a Certificate of Public Convenience and
Necessity for taxicabs and pedicabs shall ensure the City Clerk' s
Office is promptly notified of any change of its business address.
Failure to comply with this notification requirement is not only
grounds for revocation or suspension, but also waives any
expectation of notification by another applicant for a certificate
pursuant to § 117.32(C)."
Section 5 : That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 117.36 by amending the title to "Suspension, Revocation and Cancellation of Certificate"
and enacting a new subsection C as shown below:
"(C) If any holder of a Certificate goes out of business, fails to operate
under the Certificate for one calendar year, fails to have any vehicle
inspected to operate under the Certificate for one calendar year or fails
to have any driver or operator properly permitted under the Certificate
for one calendar year, the holder's Certificate of Public Convenience
and Necessity shall be deemed abandoned and shall be denoted as
cancelled and invalid by the City Clerk."
Page 3
Ordinance No. 5503
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 117.41 by adding the following after the third sentence of the section:
"The license fee shall be prorated depending upon when the taxi is first
operated during its first calendar year of service. Taxis placed in
service after April 1 shall pay $75.00; after July 1 shall pay $50.00 and
after October I shall pay $25 .00."
Section 7: That the City Council fo the City of Fayetteville, Arkansas hereby amends
§ 117.61 License Required; Fee by adding the following at the end of the section:
"The license fee shall be prorated depending upon when the limousine
is first operated during its first calendar year of service. Limousines
placed in service after April 1 shall pay $75 .00; after July I shall pay
$50.00 and after October 1 shall pay $25.00."
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 117.63 Liability Insurance of the Limousine Service Chapter by replacing "finance director"
with "City Clerk" in the current language and denoting this as subsection (A) and enacting a new
(B) as shown below:
"(B) Insurance required under this section must include a cancellation
provision in which the insurance company is required to notify the city
in writing not fewer than 30 days before cancelling, failing to renew, or
making a material change to the insurance policy. If the insurance of
the holder lapses or is cancelled and new insurance is not obtained, the
Certificate of Public Convenience and Necessity shall be suspended
until insurance coverage required by this section has been obtained. A
person shall not operate a limousine service while the certificate is
suspended under this section."
Section 9: That the City Council of the City of Fayetteville, Arkansas hereby enacts
§ 117.65 Suspension, Revocation and Cancellation of Certificate as shown below:
"§ 117.65 Suspension, Revocation and Cancellation of Certificate.
"A limousine service' s Certificate of Public Convenience and
Necessity may be suspended, revoked or cancelled for the same reasons
and by the same procedures set forth in § 117.36."
PASSED and APPROVED this 5`i' day of June, 2012.
Page 4
Ordinance No. 5503
APPROVED: ATTEST:
By: By: Aa"'
I NELD J -Mayor SONDRA E. SMITH, City Clerk/Treasurer
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FOR: COUNCIL MEETING OF JUNEXW9 2012
FROM:
SONDRA SMITH, CITY CLERK
KIT WILLIAMS, CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Amend Article Iv Taxicabs And Article V Limousine Service Of
Chapter 117 Of The Fayetteville Code To Clarify Notice Requirements, Cancellation Of
Unused Certificates Of Public Convenience And Necessity, And Other Provisions
APPROVED FOR AGENDA:
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City Clerk Date
ity Attorney Date
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ARKANSASLEGAL
www.accessfayetteviIle.org DEPARTMENT
Kit Williams
TO: Mayor Jordan City Attorney
City Council Jason B. Kelley
Assistant City Attorney
THRU: Sondra Smith, City Clerk
CC : Don Marr, Chief of Staff
Greg Tabor, Police Chief
FROM: Kit Williams, City Attorney(
DATE: May 17, 2012 '
RE: Revisions of Taxicabs & Limousine Services Chapters
of Fayetteville Code
After consultations with the Fayetteville Police Department and the City
Clerk, I have drafted an ordinance to remove obsolete sections, make the Taxicab
and Limousine Services Chapter' s notification and insurance provisions equivalent
to the pedicab ' s more recent requirements, and clarified what City official should
receive and maintain required documents. Alderman Ferrell also asked me to draft
language prorating the $ 100.00 license fee depending upon when the taxi or
limousine is first placed in service. I have done that in sections 6 and 7 of the
Ordinance. Below is a summary of the proposed changes :
TAXICAB ORDINANCE
( 1 ) § 117.31 (B): Remove "and Fayetteville City Clerk" from last line.
(2) § 117.32 (C): Replace with my new language so that Police Department
first ensures the proper and adequate application has been filed before the City
Clerk schedules the public hearing. Applicant must notify other companies instead
of City Clerk.
(3 ) § 117.33 : Change last two words from "finance director" to "City
Clerk". Add language requiring that the insurance policy must include an
automatic notification of City Clerk if policy cancelled or is no longer in effect.
(4) § 117.34 (B): Repeal (B) $ 100 surety bond unnecessary. Realphabetize
(C) and (D).
(5) § 117.36: Add my new (C) —+ "deemed abandoned and shall be denoted
as cancelled and invalid . . . " if Certificate holder goes out of business or fails to
operate for a year.
(6) § 117.41 : Add two sentences to change the $ 100.00 annual fee to
prorated amount depending upon what quarter the taxi is first placed in service.
LIMOUSINE ORDINANCE
( 1 ) § 117 .61 License Required; Fee : Added language identical to taxi fee
proration for limousines.
(2) § 117.63 : Change "finance director" to "City Clerk". Put in notification
language if insurance lapses.
(3) Add § 117.65 : Suspension, Revocation and Cancellation of Certificate
"A limousine service' s Certificate of Public Convenience
and Necessity may be suspended, revoked or cancelled for
the same reasons and by the same procedures set forth in
§ 117.36."
Alderman Brenda Boudreaux has scheduled an Ordinance Review
Committee meeting on May 30, 2012, at 5 :00 p.m. in Room 326 so the Police
Department, City Clerk and I can discuss the reasons we suggest these
amendments be adopted by the City Council .
2
ORDINANCE NO,
AN ORDINANCE TO AMEND ARTICLE IV TAXICABS AND ARTICLE V
LIMOUSINE SERVICE OF CHAPTER 117 OF THE FAYETTEVILLE CODE
TO CLARIFY NOTICE REQUIREMENTS, CANCELLATION OF UNUSED
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY, AND
OTHER PROVISIONS
WHEREAS, notification of all holders of current and valid Certificates of Public
Convenience and Necessity should be accomplished by the taxicab or limousine applicant (as
required of pedicab applicants) rather than the City Clerk; and
WHEREAS, if a taxicab or limousine service's holder of a Certificate of Public
Convenience and Necessity goes out of business or fails to operate for one year, the Certificate
should be deemed abandoned and cancelled as it is for pedicabs; and
WHEREAS, other technical changes should be made to the Taxicab and Limousine
Service Chapters.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 117.31 Rates of the Fayetteville Code by deleting "and Fayetteville City Clerk" from the last
sentence in (B).
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 117.32 (C) by repealing it in its entirety and enacting a new § 117.32 (C) as shown below:
"(C) Public Hearing for Certificate. When the Police Department
notifies the City Clerk that a proper and adequate application has been
filed, the City Clerk shall fix a time and place for a public hearing thereon.
The City Clerk shall thereupon notify the applicant who shall have the
duty to notify all holders of current and valid Certificates of Public
Convenience and Necessity for taxicabs and pedicabs and provide proof of
such service to the City Council. 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."
Section 3 : That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 117.33 Liability Insurance by denoting the current wording as (A) and by deleting "finance
director" as the last two words of (A) and replacing them with "City Clerk," so that the required
insurance policy will be filed in the City Clerk's Office; and by enacting (B) as shown below:
"(B) Insurance required under this section must include a cancellation
provision in which the insurance company is required to notify the city
in writing not fewer than 30 days before cancelling, failing to renew, or
making a material change to the insurance policy. If the insurance of
the holder lapses or is cancelled and new insurance is not obtained, the
Certificate of Public Convenience and Necessity shall be suspended
until insurance coverage required by this section has been obtained. A
person shall not operate a taxicab service while the certificate is
suspended under this section."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 117.34 Licensing Requirements by repealing (B) Surety Bond required and realphabetizing
the remaining subsections.
Section 5 : That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 117.36 by amending the title to "Suspension, Revocation and Cancellation of Certificate"
and enacting a new subsection C as shown below:
"(C) If any holder of a Certificate goes out of business, fails to operate
under the Certificate for one calendar year, fails to have any vehicle
inspected to operate under the Certificate for one calendar year or fails
to have any driver or operator properly permitted under the Certificate
for one calendar year, the holder's Certificate of Public Convenience
and Necessity shall be deemed abandoned and shall be denoted as
cancelled and invalid by the City Clerk."
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 117.41 by adding the following after the third sentence of the section:
"The license fee shall be prorated depending upon when the taxi is first
operated during its first calendar year of service. Taxis placed in
service after April 1 shall pay $75 .00; after July 1 shall pay $50.00 and
after October I shall pay $25 .00."
0 0
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 117.61 License Required; Fee by adding the following at the end of the section:
"The license fee shall be prorated depending upon when the limousine
is first operated during its first calendar year of service. Limousines
placed in service after April 1 shall pay $75.00; after July 1 shall pay
$50.00 and after October 1 shall pay $25 .00."
Section 8: That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 117.63 Liability Insurance of the Limousine Service Chapter by replacing "finance director"
with "City Clerk" in the current language and denoting this as subsection (A) and enacting a new
(B) as shown below:
"(B) Insurance required under this section must include a cancellation
provision in which the insurance company is required to notify the city
in writing not fewer than 30 days before cancelling, failing to renew, or
making a material change to the insurance policy. If the insurance of
the holder lapses or is cancelled and new insurance is not obtained, the
Certificate of Public Convenience and Necessity shall be suspended
until insurance coverage required by this section has been obtained. A
person shall not operate a limousine service while the certificate is
suspended under this section."
Section 9: That the City Council of the City of Fayetteville, Arkansas hereby enacts
§ 117.65 Suspension, Revocation and Cancellation of Certificate as shown below:
"§ 117.65 Suspension, Revocation and Cancellation of Certificate.
"A limousine service' s Certificate of Public Convenience and
Necessity may be suspended, revoked or cancelled for the same reasons
and by the same procedures set forth in § 117.36."
PASSED and APPROVED this 19"' day of June, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
CHAPTER 117: VEHICLE-RELATED BUSINESSES
ARTICLE I service, whether as owner, lessee, tenant,
REPAIR SHOPS AND WRECKER occupant or otherwise, shall allow any partially
SERVICES dismantled, nonoperable or wrecked motor vehicle
to be stored within 50 feet of a public street right-of-
way; provided, if a building structure is lawfully
117.01 Definitions located closer than 50 feet from the street right-of-
For the purpose of this article, the following definitions way, no partially dismantled, nonoperable or
shall apply unless the context clearly indicates or wrecked motor vehicle shall be stored closer to the
requires a different meaning. street right-of-way than the wall of the building.
Molor vehicle. Every self-propelled device in, upon (Code 1965, §§13C-2, 13C-3: Ord, No. 2190, 1 -2-76; Ord. No,
or by which any person or property is or may be 2196, 2-17-76; Code 1991 , §117,02)
transported or drawn over public streets and highways,
except devices used exclusively upon stationary rails or 117.03-117.09 Reserved
tracks. "Motor vehicle'. shall include, but shall not be
limited to, automobiles, trucks, tractors, motorcycles, ARTICLE II
implements of husbandry, or buses. USED CAR SALES
Motor vehicle repair shop. Any business where
motor vehicles are r6paired for a charge and any place 117. 10 Report To Police Department
where the work of repairing motor vehicles is carried on Required
as an incident to the business of selling new or used All automobile dealers in the city are required to furnish
motor vehicles, or new or used motor vehicle parts, or to the police department a list of all used cars sold by
as an incident to any other traffic in motor vehicles or the dealer, setting forth such information as is
their parts or equipment. prescribed by the police department.
Motor vehicle wrecker service. Any business (Code 1965, §19-6; Ord. No. 1447. 6.7-65; Code 1991 ,
which, as a part of its operation, tows disabled motor §117. 10)
vehicles for a charge.
117.11 -117.19 Reserved
Repair work on motor vehicles. Any work on the
premises of a motor vehicle repair shop which requires ARTICLE III
director indirect physical contact with a motor vehicle or REPEALED
part thereof.
(Code 1965, §13C-1 ; Ord. No. 2190, 1-20-76; Code 1991 , 117.20-117.29 Reserved
§117.01 )
ARTICLE IV
117.02 Storage Of Wrecked Vehicle TAXICABS
(A) No person in charge of or in control of a motor 117.30 Definitions
vehicle repair shop, or a motor vehicle wrecker For the purpose of this article, the following definitions
service, whether as owner, lessee, tenant, shall apply unless the context clearly indicates or
occupant or otherwise, shall allow any partially requires a different meaning.
dismantled, nonoperable or wrecked motor vehicle
to be stored on the premises longer than 10 days, Certificate. A Certificate of Public Convenience and
unless said motor vehicle is stored in an enclosed Necessity issued by the City Council, authorizing the
building or is stored behind a six-foot fence holder thereof to conduct a taxicab business in the city,
constructed of such material that the motorvehicle
is not readily visible by motorists or pedestrians. A Driver's permit. The permission granted by the
six-fool view-obscuring fence may be constructed Chief of Police, or his duly-appointed representative, to
in accordance with this section, notwithstanding any a person to drive a taxicab upon the streets of the city.
provision of the city's zoning code (Chapter 160).
(B)
vehicle
Holder. A person to whom a Certificate of Public
person in charge of, or in control of, a motor
vehicle repair shop, or a motor vehicle wrecker Convenience and Necessity has been issued.
CD117:5
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
Manifest. A daily record prepared by a taxicab (D) Zone A shall be bounded on the west by Razorback
driver and/or taxicab company of all trips made by to Maple to Garland. on the North by drake to
company vehicles showing time and place of origin, Gregg Avenue to Futrall/Milsap Road, on the East
destination, number of passengers, and the amount of by College Avenue, Rock Street to Mill Avenue to
fare of each trip. Huntsville Road to Morningside Drive and on the
South by 15" Street. Zone B shall be the
Person. Includes an individual, a corporation, or remaining portions of Fayetteville not incorporated
otherlegal entity, a partnership, and any unincorporated in Zone A. A Taxi Zone Map, marked Exhibit A, is
association. attached hereto and made a part hereof.
Rate card. A card issued by the city for (Ord. No. 4623, 10-05-04; Ord. 4661, 12-21-04; Ord. 4777,
conspicuous display in each taxicab which contains the 10-04-05)
rates of fare then in force. Cross reference(s)--Public Transit Board, §33.320.
Taxicab. A motor vehicle regularly engaged in the 117.32 Certificate Of Public Convenience
business of carrying passengers for hire, having a And Necessity Required; Issuance
seating capacity of not more than seven passengers
and not operated on a fixed route. This definition Procedure
expressly excludes limousines. (A) No person shall operate or permit a taxicab or
limousine owned, leased or controlled by him to be
Waiting time. The time when a taxicab is not in motion operated as a vehicle for hire upon the streets of
from the time of acceptance of a passenger or the city without having first obtained a Certificate of
passengers to the time of discharge, but does not Public Convenience and Necessity from the
include any time that the taxicab is not in motion if due Fayetteville City Council.
to any cause other than the request, act, or fault of a
passenger or passengers. (B) An application for a certificate shall be filed with the
Police Department upon forms provided by the city,
(Code 1965, Sec. 20-16; Ord. No, 1910, 4-3-73: Code 1991 , and said application shall be verified under oath
§117.30; Ord. No. 4623, 10-05-04; Ord. 4661 , 12-21 -04) and shall furnish the following information:
117.31 Rates (1 ) The name and address of the applicant,
including the name and address of all officers
(A) All taxicabs shall utilize a meter for calculation of and stockholders of the company, if
rates and such apparatus shall be clearly visible to incorporated, and the name of the person to
the occupant of the vehicle. whom complaints should be directed;
(B) The City Council has the authority to establish the (2) The financial status of the applicant, including
maximum allowable rates for all taxicabs, the financial status of the officers and
consistent with the provisions of Arkansas Code stockholders of the company, if incorporated,
Annotated § 14-57-303 for the City sponsored taxi including the amount of all unpaid judgments
program utilizing City issued taxi coupons. The City against the applicant (officers and
Council shall utilize the percentage change as stockholders of the company, if incorporated),
calculated utilizing the change, from year to year, of and the nature of the transaction or acts giving
the rate per mile published by the Internal Revenue rise to said judgments;
Service for the allowed mileage reimbursement rate
for Federal Income Tax purposes. Each licensed p�L (3) The experience of the applicant including all
taxi company shall, on an annual basis officers and stockholders of the company, if
the' l l f t ville Police Department an Fayetteville incorporated, in the transportation of
y Cler the fare schedule the taxi company wi passengers;
u i ize or he next twelve (12) months and each taxi
company shall cause this fare schedule to posted (4) Any facts which the applicant believes tend to
prominently within each taxi in full view of the prove that public convenience and necessity
passenger. require the granting of a certificate;
(C) The maximum allowable rate effective November 1 (5) The number of vehicles to be available for
shall be left undetermined and shall be established operation or controlled bythe applicant and the
by City Council Ordinance at any time deemed location of proposed depots and terminals,
necessary by the Fayetteville City Council. The applicant shall furnish a minimum and
maximum number of vehicles to be permitted,
CD117:6
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
(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
public, and;
(8) The rate schedule which the applicant
jl%lY' 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.
(Code 1965, §§20-17--20-20; Ord. No. 1910, 4-3-73; Ord. No.
2716,4-21-81; Code 1991, §117.32; Ord 4623,10-05-04; aid.
4661, 12-21-04)
117.33 Liability Insurance
C//AA��yv0 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 $25,000 for 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 eviden such insurance shall be filed w``
the inanc ddirector. Cksw3t .}s C.14.� 6.4L
(Code 1965, §20-21; Ord. No. 1910, 4-3-73: Ord. No. 3038. 10-
2-84, .�qd 1991 117.33; Ord1 .4¢61, 2-x,1;04)
�C") �"r clrh,' YK4f/cr2
1 �3 (t
(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.
C0117:7
17. 4 •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.
(8) 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.
Qe040%/C-
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
Scanners prohibited.
The use of scanners or other similar devices to
monitor other taxicab operator's calls is hereby
prohibited.
(Code 1965, §20-22; Ord. No. 1910, 4-3-73; Code 1991,
§117.34; Ord. 4623,10-05-04; Ord. 4661, 12-21-04)
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.
(Code 1965, §20-23; Ord. No. 1910, 4-3-73; Code
§117.35; Ord. 4623, 10-05-04; Ord. 4661,12-21-04)
117.36 Suspension, Revocation Of
Certificate
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.
Out6P 6Jl firm' -* u4fh fi ce k
4Code 1965. §20-24: Ord. No. 1910, 4-3-73: Ord. No. 2716, 4-
21-81; Code 1991, §117.36: Ord. No. 4623, 10-05-04; Ord.
4661. 12-21-04)
117.37 Taxicab Driver's Permit Required;
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.
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:
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.
satisfactory proof that the applicant is
twenty one (21) years of age or over, as
required by Arkansas Code Annotated §
14-57404.
Before any application is finally passed upon by the
Chief of Police, or his duly -appointed
representative, the applicant shall be required to
present a current Arkansas Drivers License, with
the appropriate endorsement allowing the transport
of passengers for hire.
The police department shall conduct a local
background check of each applicant for a taxicab
drivers 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
'J1 to be attached thereto, approve or reject the
%ANC 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.
Upon approval of an application for a taxicab
drivers 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.
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.
NfAico+ti
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
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.
(Code 1965, §§20-25--20-31; Ord. No. 1910, 4-3-73; Code
1991, §117.37; Ord. 4632,10-05-04: Ord. 4661,12-21-04; Ord.
4796. 11-15-05)
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.
(Code 1965, §20-32: Ord. No. 1910, 4-3-73; Code 1991,
§117.38; Ord. 4623, 10-05-04; Ord. 4661, 12-21-04)
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 drivers 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.
(Code 1965, §20-33; Ord. No. 1910, 4-3-73; Code 1991,
§117.39; Ord. 4623. 10-05-04: Ord. 4661, 12-21-04)
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.
(Code 1965, §20-33.1; Ord. No. 1910, 4-3-73; Code 1991,
§117.40; Ord. 4623, 10-05-04: Ord. 4661, 12-21-04)
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
CD117:9
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 Abe
prescribed by the Chief of Police, or his duly -appointed
representative. These rules and regulations shall The
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. If a properly inspected, licensed
taxicab with decal is taken out of service and replaced
with another taxicab, the replacement taxicab must The
inspected by the Fleet Superintendent at the established
rate as set out above. However, the replacement
taxicab shall then receive a decal without the owner
having to pay the $100.00 administrative fee.
(Code 1965, §20-33.2; Ord. No. 1910, 4-3-73; Ord, No. 19116,
4-17-73; Code 1991, §117.41; Ord. 4623,10-05-04; Ord. 4661,
12-21-04: Ord. 4929, 9-19-06) 1
117.42 Designation Of Vehicle As
Taxicab By Insignia Or The Like I
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."
(Code 1965, §20-33.3; Ord. No. 1910, 4-3-73; Ord. No. 2527,
5-1-79: Code 1991, §117.42: Ord. 4623, 10-05-04; Ord. 4661.
12-21-04) .
117.43 Acceptance, Discharge Of
Passengers
(A) Duties of Drivers.
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
Response to calls. Holders of Certificates of Public
(1) Restriction on number of passengers. No
Convenience and Necessity shall answer all calls
drivers shall permit more persons to be carried
received by them during the hours of operation
in a taxicab as passengers than the rated
specified on the holders application for services
seating capacity of the taxicab as defined by
inside the corporate limits of the city as soon as
the vehicle manufacturer. Every taxicab, as
they can do so; and, if said services cannot be
required by state law, shall carry a child safety
rendered within a reasonable time, they shall then
seat and the driver shall know how to properly
notify the prospective passengers how long it will
install and safely use such device. A child
be before the call can be answered and give the
under six years of age, properly restrained by
reason for the delay. Any holder who shall refuse
a child safety seat shall not be counted as an
to accept a call anywhere in the corporate limits of
extra passenger when accompanied by an
the city at any time when such holder has
adult,
available
cabs shall be deemed in violation of this article,
except on those occasions when the Chief of
(2) Refusal to carry orderly passengersprohibited.
Police, or his duly -appointed representative,
No driver shall refuse or neglect to convey any
declares the streets of the City to be unsafe due to
orderly person or persons, or any person or
inclement weather. Any vehicle operated under the
persons accompanied by a seeing eye dog, or
provisions of this article shall be equipped with
a seeing eye dog upon request, unless unable
snow tires or chains when required by weather
or forbidden by the provisions of this article to
conditions,
do so; provided, it shall not be unlawful for a
driver to refuse or neglect to convey any
(Code 1965, §§20-33.7, 20-33.8; Ord, No. 1910, 4-3-73; Ord.
passenger who has previously refused or
No.2302,1-4-77; Ord. No.2601,2-19-80; Ord. No. 2716.4 -21 -
failed to pay a legal fare as provided in this
81; Code 1991, §117.43; Ord. No.4623. 10-05-04; Ord. 4661,
article.
12-21-04)
(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.
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.
(Code 1965,
§20-33.5:
Ord. No.
1910,
4-3-73: Code 1991,
§117.44: Ord.
No. 4623,10-05-04;
Ord.
4661, 12-21-04)
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.
(Code 1965, §20-33.6; Ord. No. 1910, 4-3-73; Code 1991,
§117.45; Ord. No, 4623, 10-05-04; Ord. 4661. 12-21-04)
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.
(Code 1965, §20-33.9; Ord. No, 1910, 4-3-73: Ord, No, 2527,
5-1-79; Code 1991, §117.46: Ord. 4623; 10-05-04; Ord. 4661,
12-21-04)
CD117:10
FAYETTEVILLE CObE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
the city. The initial zone rates are set out as follows:
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.
(Code 1965. §20-33.10; Ord. No, 1910,4-3-73; Ord. No. 2750,
8-18-81: Code 1991, §117.47; Ord. 4623,10-05-04; Ord. 4661,
12-21-04)
117.48 Enforcement
The police department possesses the authority under
existing law to issue citations as appropriate.
(Code 1965, §20-33.11; Ord. No, 1910, 4-3-73; Code 1991
§117.48; Ord. 4623,10-05-04; Ord. 4661, 12-21-04)
117.49 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) Taxi services provided to patrons utilizing City
issued taxi coupons shall be based on a zone rate
system with the initial meter charge, charge per
mile and additional person charge incorporated into
a flat rate per zone. The Zone Rate 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
CD117:1
Ceiling rate, no more than a rate of:
(a) Travel within One Zone $8.00
(b) Travel incorporating Two Zones $12.00
(c) No charge for additional person shall be
charged.
(d) Waiting time ceiling rate, not to exceed $10.00
per hour.
(C) Taxi companies shall utilize the zone of the trip
origination and zone of the trip destination for
purposes of valuation for the trip.
(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.
(Ord. 4751, 9-06-05; Ord 4777, 10-04-05)
117.50-117.59 Reserved
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.
(Code 1965, §20-34; Ord. No. 1080,4-4-55; Ord. No. 2099, 4-
15-75; Code 1991, §117.60; Ord. No 4623. 10-05-04; Ord.
4661, 12-21-04)
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.
(Code 1 , §20-35; Ord. No. 1080,4-4-55; Ord. No. 2099,4-
15-75: ode 1991, §117.61; Ord. No. 4623, 10-05-04; Ord,
466 22-21-04)
1 1'5C -1f Ptofigizc� I40 O .2
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
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.
(Code 1965, §20-36; Ord. No. 1080,4-4-55: Ord. No. 2099, 4-
15-75; Ord. No. 2660, 9-18-80; Ord. No. 3037, 10-2-84; Ord.
No. 3234, 12-16-86; Ord, No. 4003, §1, 10-1-96; Code 1991,
§117.62; Ord. No. 4623, 10-05-04; Ord, 4661, 12-21-04)
/// 117.63 Liability Insurance Cif Lls.k
/ d\No person shall furnish limousine service d
until such person has filed with the finance directordirectorja
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
1 property (o' of otthaerrs in any one accident.
[,X, AJ/K, Ceod'f9GJ, §20-38; Clyd. 1080, 44-55; Ord. No. 2099, 4-
15.75; Ord. No. 3037, 10-2-84; Ord, No, 4623, 10-05-04: Ord.
4661. 12-21-04)
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.
117.65-117.74 Reserved
ARTICLE VI
RENT -A -CAR SERVICE
117.75 Definition
For the purpose of this article, the following definition
shall apply unless the context clearly indicates or
requires a different meaning.
Renter -car service. The furnishing of rent -a -car
service in the city whereby an automobile is rented for
the exclusive use of a person for an indefinite period of
time at a rate established by both the mileage traveled
and length of time the automobile is so rented.
(Code 1965, §20-50; Ord. No, 1261, 4-10-61; Code 1991.
§117.75)
117.76 License Required; Tax
It is hereby declared to be a privilege for any person to
furnish rent -a -car service in the city, and no person shall.
engage in such undertaking without first paying to the
city a license tax of $200.00 per year. Such tax shall be
paid on or before January 1st of each year.
(Code 1965, §20-51: Ord. No, 1261,4-10-61: Ord. No. 2842.8-
3-82; Code 1991, §117.76)
117.77 Insurance Or Cash Deposit
Required
(A) No person shall furnish rent -a -car service unless
and until such person has furnished and filed with
the City Accounting Department, an insurance
policy written by an insurance company authorized
to do business in the state, which policy shall bind
the insurance company writing same to indemnify,
up to the amount of $20,000.00, any person
suffering any personal injury or property damage
from the negligent or otherwise faulty operation of
such rent -a -car service.
(B) In lieu of furnishing the above insurance, a person
operating a rent -a -car service may give to the city a
statement or other satisfactory assurance that there
has been deposited in any city bank the sum of
$20,000.00 in cash, which shall be available at all
times for the payment of any damage lawfully
assessed against any such person, from the
operation of such rent -a -car service.
(Code 1965, §20-52: Ord. No. 1261, 4-10-61; Code 1991.
§117.77)
117.78-117.79 Reserved
CD117:12
„»l WCAII*+%bb%
Departmental Correspondence
Kit Williams
City Attorney
TO: Mayor Jordan Jason B. Kelley
City Council Assistant City Attorney
CC: Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney(f/� •�'l
DATE: May 31, 2012
RE: Placing notification of change of business address in Taxicab Chapter of
the Fayetteville Code
I want to thank Chairman Brenda Boudreaux and Alderman Justin Tennant for
attending the Ordinance Review Committee meeting on Wednesday, May 30`h at 5:00
P.M. to review all the proposed changes to the Taxicab and Limousine Services
Chapters of the Fayetteville Code. The proposed changes had been recommended by
City Clerk Sondra Smith, the Police Department and my office. The reasons for each
proposed change were discussed and analyzed by the Ordinance Review Committee.
I believe the Ordinance Review Committee Chairman Brenda Boudreaux will give
you a report at your meeting concerning those discussions.
The only revision of the proposed ordinance as presented to you at the Agenda
session was a new suggestion by City Clerk Sondra Smith to require taxicab and
pedicab owners to keep the City Clerk's Office up to date on any business address
changes so that notification of these businesses when a new applicant for a Certificate
of Public Necessity and Convenience would be easier. The Ordinance Review
Committee felt this was a good requirement, and so I have drafted a new notification
requirement section to be inserted where the $100.00 surety bond requirement section
was being repealed. If the City Council wants to make this change, only Section 4 of
the ordinance will need to be amended.
After Mayor Jordan introduces this ordinance and reads its title but BEFORE I
read the whole ordinance, please move to amend the ordinance to the one attached to
this memo which has the new Section 4 notification of change of business address. If
this amendment passes, I can then read the whole ordinance in its final form as
recommended at the Ordinance Review Committee.
ORDINANCE NO,
AN ORDINANCE TO AMEND ARTICLE IV TAXICABS AND ARTICLE V
LIMOUSINE SERVICE OF CHAPTER 117 OF THE FAYETTEVILLE CODE
TO CLARIFY NOTICE REQUIREMENTS, CANCELLATION OF UNUSED
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY, AND
OTHER PROVISIONS
WHEREAS, notification of all holders of current and valid Certificates of Public
Convenience and Necessity should be accomplished by the taxicab applicant (as required of
pedicab applicants) rather than the City Clerk; and
WHEREAS, if a taxicab or limousine service's holder of a Certificate of Public
Convenience and Necessity goes out of business or fails to operate for one year, the Certificate
should be deemed abandoned and cancelled as it is for pedicabs; and
WHEREAS, other technical changes should be made to the Taxicab and Limousine
Service Chapters.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 117.31 Rates of the Fayetteville Code by deleting "and Fayetteville City Clerk" from the last
sentence in (B).
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends
§117.32(C) by repealing it in its entirety and enacting a new §117.32(C) as shown below:
"(C) Public Hearing for Certificate. When the Police Department
notifies the City Clerk that a proper and adequate application has been
filed, the City Clerk shall fix a time and place for a public hearing thereon.
The City Clerk shall thereupon notify the applicant who shall have the
duty to notify all holders of current and valid Certificates of Public
Convenience and Necessity for taxicabs and pedicabs and provide proof of
such service to the City Council. 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."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends
§117.33 Liability Insurance by denoting the current wording as (a) and by deleting "finance
director" as the last two words of (a) and replacing them with "City Clerk," so that the required
insurance policy will be filed in the City Clerk's Office; and by enacting (b) as shown below
"(b) Insurance required under this section must include a cancellation
provision in which the insurance company is required to notify the city
in writing not fewer than 30 days before cancelling, failing to renew, or
making a material change to the insurance policy. If the insurance of
the holder lapses or is cancelled and new insurance is not obtained, the
Certificate of Public Convenience and Necessity shall be suspended
until insurance coverage required by this section has been obtained. A
person shall not operate a taxicab service while the certificate is
suspended under this section."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends
§117.34 Licensing Requirements by repealing (B) Surety Bond required and enacting (B)
Notification of change of address required as shown below:
"(B) Notification of change of address required.
"Every holder of a Certificate of Public Convenience and
Necessity for taxicabs and pedicabs shall ensure the City Clerk's
Office is promptly notified of any change of its business address.
Failure to comply with this notification requirement is not only
grounds for revocation or suspension, but also waives any
expectation of notification by another applicant for a certificate
pursuant to §117.32(C).."
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends
§117.36 by amending the title to "Suspension, Revocation and Cancellation of Certificate"
and enacting a new subsection C as shown below:
"(C) If any holder of a Certificate goes out of business, fails to operate
under the Certificate for one calendar year, fails to have any vehicle
inspected to operate under the Certificate for one calendar year or fails
to have any driver or operator properly permitted under the Certificate
for one calendar year, the holder's Certificate of Public Convenience
and Necessity shall be deemed abandoned and shall be denoted as
cancelled and invalid by the City Clerk."
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 117.63 Liability Insurance of the Limousine Service Chapter by replacing "finance director"
with "City Clerk" in the current language and denoting this as subsection (A) and enacting a new
(B) as shown below:
"(b) Insurance required under this section must include a cancellation
provision in which the insurance company is required to notify the city
in writing not fewer than 30 days before cancelling, failing to renew, or
making a material change to the insurance policy. If the insurance of
the holder lapses or is cancelled and new insurance is not obtained, the
Certificate of Public Convenience and Necessity shall be suspended
until insurance coverage required by this section has been obtained. A
person shall not operate a limousine service while the certificate is
suspended under this section."
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby enacts
§ 117.65 Suspension, Revocation and Cancellation of Certificate as shown below:
"117.65 Suspension, Revocation and Cancellation of Certificate.
"A limousine service's Certificate of Public Convenience and
Necessity may be suspended, revoked or cancelled for the same reasons
and by the same procedures set forth in §117.36."
PASSED and APPROVED this 5th day of June, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
i
Page 2
Ordinance No. 5503
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."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 117.33 Liability Insurance by denoting the current wording as (a) and by deleting "finance
director" as the last two words of (a) and replacing them with "City Clerk," so that the required
insurance policy will be filed in the City Clerk's Office; and by enacting (b) as shown below
"(b) Insurance required under this section must include a cancellation
provision in which the insurance company is required to notify the city
in writing not fewer than 30 days before cancelling, failing to renew, or
making a material change to the insurance policy. If the insurance of
the holder lapses or is cancelled and new insurance is not obtained, the
Certificate of Public Convenience and Necessity shall be suspended
until insurance coverage required by this section has been obtained. A
person shall not operate a taxicab service while the certificate is
suspended under this section."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 117.34 Licensing Requirements by repealing (B) Surety Bond required and enacting (B)
Notification of change of address required as shown below:
"(B) Notification of change of address required.
"Every holder of a Certificate of Public Convenience and
Necessity for taxicabs and pedicabs shall ensure the City Clerk's
Office is promptly notified of any change of its business address.
Failure to comply with this notification requirement is not only
grounds for revocation or suspension, but also waives any
expectation of notification by another applicant for a certificate
pursuant to §117.32(C)."
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends
§117.36 by amending the title to "Suspension, Revocation and Cancellation of Certificate"
and enacting a new subsection C as shown below:
"(C) If any holder of a Certificate goes out of business, fails to operate
under the Certificate for one calendar year, fails to have any vehicle
inspected to operate under the Certificate for one calendar year or fails
to have any driver or operator properly permitted under the Certificate
for one calendar year, the holder's Certificate of Public Convenience
and Necessity shall be deemed abandoned and shall be denoted as
cancelled and invalid by the City Clerk."
NORTHWEST ARKANSAS DEMOCRATGAZtII• RECEIVED
NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE
N�;WSPAPERS THE NORTHWEST
ARKANS STIMES JUL 03 2012
NORTHWEST ARKANSAS TIMES
LLC BENTON COUNTY DAILY RECORD CITY CLERK'S O1 OFFICE
212 NORTH EASTAVENUE, FAYETTEVIIlE, ARKANSA572701 I P.O. BOX 1607, 72702 1479442.1700 I WWW.NWANEWS.COM
AFFIDAVIT OF PUBLICATION
1, Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Newspapers, LLC, printed and published in
Washington and Benton County, Arkansas, bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
City of Fayetteville
Ordinance #5503
Was inserted in the Regular Editions on:
June 21, 2012
Publication Charges: $ 233.46
Karen Caler
Subscribed and sworn to before me
This 2 dayof3uQ, , 2012.
w l
Notary Public r-
My Commission Expires:, 41.v(t h(-
_Y
ii
CATHY J. WILES
Benton County
= _.'uac: =
My CommissionEXplre�
-9d eg1,
February 20, 2014
**NOTE**
Please do not pay from Affidavit. Invoice will be sent.
ORDINANCE NO. 5503
AN ORDINANCE TO AMEND ARRCLE N TAXICABS CLE V SINE ERVICE OF NOTICEREQUIREMENTSREQUIREMENTS, SCANCELtAT1ONPTER
OF ye ev le
117 OF THE FAYETTEVILLE CODE TO CLARIFY
UNUSED CERTIFICATES OF PUBLIC CONVENIENCE ARKANSAS
AND NECESSITY, AND OTHER PROVISIONS
WHEREAS, notification of al holders of current and vaid Certificates of Public Convenience
and Necessity should be accomplished by the taxicab applicant (as required of pedicate
applicants) rather than this City Clerk: and
WHEREAS, d a taxicab or limousine service's holder of a Certificate of Pubic Convenience
and Necessity goes out of business or tails to operate for one year, the Certificate should be
deemed abandoned and cancelled as it is for pedicabs;. and
WHEREAS, oiler tedvticd changes should be made to the Teri and U ousine Service
Chapters.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE. ARKANSAS:
Section 1. That are City Council of the City of Fayeuev8e. Ariuus as hereby amends
§117.31 Rates of the Fayetteville Code by deleting and Fayettelte City Clerk- from the
last sentence in (B).
Section 2. That the City Carrot of the City of Fayetteville. Arkansas hereby amends §117.32
(C) by repealing it in its entirety and enactng a new §117.32 (C) as shown below:
'(C) Pudic Hearing for Certificate. When the Pate Department notifies the City Clerk that
a proper and adequate application has been filed, the City Clerk shag fix a time and place
fore public hearing thereon. The City Clerk shall thereupon notify the applicant who. shall
have the duty to notify of holders of current and valid Certificates of Public Convenience and
Necesvry for taxicabs end pedicabs and provide proof of such sennce to the City Council.
Any interested person shall have the right either in person or by representatives of the 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.'
Section 3. That the City Council of the City of FayeneNe, Arkansas hereby amends §117.33
liability Insurance by denoting the current warding as (a) and by deleting 'ference director as
the last Mo words of (a) and replacing them with 'City Clerk.' so that the required Insurance
pc fry WIN he fled in the Cay Clerk's Office; and by enacting (t) as shown below
'(b) Insurance required under tits sedan must h -due a cancellation provision in which
the insurance company Is required to notify the city in writing not fewer than 30 days before
canceling, falling to renew, or making a material change to the insurance policy. If the insur-
ance of the holder lapses or is canceled and new Wurance is not oblamedr the Certificate
of Public Convenience and Necessity shall be suspended until Insurance coverage required
by this section has been obtained. A person shall not operate a taxicab seMce while the
certificate is suspended under tnls section.'
Section 4, That the City Council of the City of FayetteAle, Arkansas hereby amends §117.34
licensing Requirements by repealing (B) Surety Bond required and enacting (B) Notification
of change of address required as shown below:
'(B) Notification of large of address required.
'Every holder of a Certificate of Pudic: Convenience and Necessity for taxicabs and pedcabs
shall ensure the City Clerk's Office is promptly notified of any change of is business address.
Fare to comply with this notification requirement is not only grounds for re+ocatan or sus-
pension, Our also waives any expectation of notification by another applcant for a certificate
pursuant to §117.32(C).'
Section 5. That the City Council of the City of Fayette.11le. ANarreas hereby amends §117.36
by amendkig the Uae to -Suspension. Revocation end Cancellation of Certificateand enact-
ing a new subsection C as shown below:
'(C) If any holder of a Certificate goes out of business, falls to operate under the Certificate
for one calendar year, fails to have any vat a inspected to operate under the Certificate
for one calendar year or fails to have any diner or operator property permitted under
the Certificate for one calendar year, the holder's Certificate of Public Convenience and
Necessity shall be deemed abandIXad and shall be denoted as cancelled and Mvafid by
the City Clerk.'
Section S. That the City Council of the City of Fayettelae, Arkansas hereby amends §117.41
by add i g the following after the third sentence of the section:
"The license fee shelf be prorated depending upon when the fad is first operated dung Its
first calendar year of service. Taxis placed In service after April 1 shall pay $75.00; after July
I shall pay $50.00 and after October 1 shall pay $25.00.'
Section 7. That Me City Council fo Me City of Fayetto idle, Mkansas hereby amends §117.61
Ucerse Requled; Fee by adding the following at the end of the section:
'The license fee shall be prorated depending upon when the limousine Is first operated during
its first calendar year of service. Umousines paced In seMoa after April 1 shag pay $75.00;
after a 1 shag pay $50.00 and after October 1 shall pay $25.00.'
Section 8. That the City Council of the City of Fayetteville, Arkansas hereby amends §117.63
Liabibty Insurance of the Umousine Service Chapter by replacing 'finance director' with 'City
Clerk' in she currant arguage and denoting this as subsection (A) and enacting a new (B)
as shown Now:
'(B) Insurance required under this section must include a cancellation provision in which the
insurance mparry is required to notify Me cry M writing not fewer than 30 days before
canceling, failing to renew, or making a material charge to the trsumnce policy. If the'asur-
anco of the holier lapses or is cancelled and new Insurance is not obtained, the Certificat
of Public Convenience and Necessity shall be suspended until insurance coverage requl
by this section has been obtained. A person shag not operate a limoustre seMce whin
certificate is suspended under this section.'
Section 9. That the City Council of Me City of Fayetteville, Arkansas hereby enacts §117,
Suspension, Revocation and Cancellation of Certificate as shown below:
-§117.65 Suspension, Revocation and Cancellation of Certificate.
'A limousine service's Certificate of Public Convenience and Necessity may be suspended
revoked a cancelled for Me same reasons and by Me same procedures set forth I
§117.36. -
PASSED and APPROVED this 5th day of June. 2012.
APPROVED: ATTEST:
By; BY:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clert/Thiflai