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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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
