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HomeMy WebLinkAboutOrdinance 5399 ORDINANCE NO. 5399 AN ORDINANCE TO AMEND §117.108 PEDICAB EQUIPMENT; INSPECTION OF THE FAYETTEVILLE CODE BY ENACTING REQUIREMENTS FOR A SOUND-WARNING DEVICE AND AN IDENTIFICATION AND PHONE NUMBER DISPLAYED ON THE REAR OF ALL PEDICABS 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 §117.108 Pedicab Equipment; Inspection (B) Required equipment by enacting two new equipment requirements as subsections (1) and (m) as follows: "(1) Sound-warning device; (m) The identification number assigned by the Fayetteville Police Department for the pedicab and telephone number of the pedicab company shall be displayed on the rear of the pedicab with numerals no smaller than two inches in height and one inch in width." PASSED and APPROVED this 19'' day of April, 2011. APPROVED: ATTEST: By: By: . Y01ELD O A , Mayor SONDRA E. SMITH, City Clerk/Treasurer `01111U►ItP90, RWTRE4° .�` •°°°° `ate FAYETTEVILLE: RAs °J � % /V(3TMA 'eNu u►u►► t AGENDA REQUEST FOR: COUNCIL MEETING OF APRIL 19, 2011 FROM: ALDERMAN MATTHEW PETTY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §117.108 Pedicab Equipment, Inspection Of The Fayetteville Code By Enacting Requirements For A Sound-Warning Device And An Identification And Phone Number Displayed On The Rear Of All Pedicabs APPROVED FOR A ENDA: 'Q (��Ov Matthew Petty, Alde n Date City Attorney Date (as to form) (4/18/2011) Kit Williams Re: pedicab safety amendments Seife 1 From: Matthew Petty - Fayetteville Ward 2 <citycouncil@matthewpetty.org> To: Kit Williams <kwilliams@ci.fayetteville.ar.us> Date: 4/18/2011 1:13 PM Subject: Re: pedicab safety amendments Hi Kit- Could you draft up an amendment which would 1) require pedicabs to have a sound device or warning bell and 2) require an identification number and phone number to be displayed on the rear of a pedicab? Just called a left a voicemail with Judy. If you need to call me back, 479 595 8703. Thanks for your help. -M ORDINANCE NO. AN ORDINANCE TO AMEND §117.108 PEDICAB EQUIPMENT; INSPECTION OF THE FAYETTEVILLE CODE BY ENACTING REQUIREMENTS FOR A SOUND-WARNING DEVICE AND AN IDENTIFICATION AND PHONE NUMBER DISPLAYED ON THE REAR OF ALL PEDICABS 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 §117.108 Pedicab Equipment; Inspection (B) Required equipment by enacting two new equipment requirements as subsections (1) and (m) as follows: "(1) Sound-warning device; (m) The identification number assigned by the Fayetteville Police Department for the pedicab and telephone number of the pedicab company shall be displayed on the rear of the pedicab with numerals no smaller than two inches in height and one inch in width." PASSED and APPROVED this 19th day of April, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer C � rrekok I Aw FAYETTEVILLE CODE OF ORDINANCES TITLE XI BUSINESS REGULATIONS 117.108 Pedicab Equipment; Inspection 117.110 License Fees (A) Inspection and maintenance. Each pedicab shall No certificate shall be issued unless the applicant has comply with all the safety requirements imposed by paid a license fee of$100.00 to offset the administrative all state,federal or local laws. Each pedicab shall costs to issue a Certificate of Public Convenience and submit to an annual inspection for compliance with Necessity. the requirements of this article. The inspection shall be performed by the Transportation 117.111 Suspension, Revocation, And Department. The fee for inspection shall be$50.00 Cancellation Of Certificate per pedicab inspected. No certificate shall be issued or continued in operation unless the holder (A) A certificate issued under the provisions of this thereof provides proof of annual pedicab inspection article may be revoked or suspended by the for each pedicab in service. Fayetteville City Council if the holder thereof has: (B) Required equipment. (1) Violated any of the provisions of this article; (1) A holder or driver shall, at all times, provide and maintain in good operating condition the (2) Violated any ordinances of the city, or the following equipment for each pedicab: laws, federal or state, the violations of which reflect unfavorably on the fitness of the holder (a) Headlight; to offer public transportation. (b) Tail lights; (B) Prior to suspension or revocation,the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard. (c) Lights or reflectors on the front and rear pp y ; corners of the passenger compartment; (C) If any holder of a Certificate goes out of business, (d) Approved braking system; fails to operate under the Certificate for one ' calendar year,fails to have any vehicle inspected to (e) Pneumatic tires that conform with the operate under the Certificate for one calendar year manufacturer's specifications on all or fails to have any driver or operator properly wheels with adequate tread depth; permitted under the Certificate for one calendar year,the holder's Certificate of Public Convenience (f) Evidence of insurance and city map; and Necessity shall be deemed abandoned and shall be denoted as cancelled and invalid by the (g) Mirror; City Clerk. (h) No exposed rust, ripped upholstery or 117.112 Maximum Pedicab Fares fabric, visible chips or scratches on any Established painted surface,exposed wood that is not painted and in good condition, or dirt or (A) The maximum pedicab fare that can be charged for debris on any surface accessible to the transportation of each passenger is hereby passengers. established and will be conspicuously p y posted on each pedicab unless the pedicab will be operated (i) Seat strap available for passenger use; upon a gratuity only basis. The pedicab fare may ArAJ not exceed $8.00 per passenger for operations Q) Rate card or gratuity notice card within the Pedicab Permitted Zone of Operation. complying with their Certificate of Z Convenience and Necessity and this code (B) If a pedicab is operated on a gratuity only basis,no posted in clear view of passengers; minimum fare or gratuity may be charged. The pedicab shall conspicuously post the following sign (k) Child safety helmet available for clearly visible to the passengers: "No fare or u`ktoo l passenger use. minimum gratuity may be charged by the pedicab driver for passengers. Passengers may offer S 117.109 Transfer Of Certificate whatever gratuity they believe is appropriate for the No Certificate of Public Convenience and Necessity may pedicab ride." be sold,assigned,mortgaged,or otherwise transferred without the consent of the City Council. - 117.113 Number Of Passengers In ?""" CD117:23 NORTHWEST ARKANSAS NEWSPAPERSi-c Northwest Arkansas Democrat Gazette RECEIVED The Morning News of Springdale MAY 0 4 2011 The Morning News of Rogers CITY OF FAYETTEVILLE Northwest Arkansas Times CITY CLERK'S OFFICE Benton County Daily Record 212 North East Avenue, Fayetteville Arkansas 72701/ PO Box 1607, 72702 PHONE: 479-571-6421 AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am Legal Clerk of the Northwest Arkansas Newspapers LLC. Printed and published in Washington & Benton County, (Lowell), Arkansas and that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville- Ordinance #5399 ORDINANCE NO.5399 April 28, 2011 AN ORDINANCE TO AMEND §117.108 PEDICAB EQUIPMENT; INSPECTION OF THE FAYETTEVILLE a CODE BY ENACTING REQUIREMENTS FOR A Y G SOUND-WARNING DEVICE AND AN IDENTIFICATION A R K A N S A S Publication Charge $ 58.37 AND PHONE NUMBER DISPLAYED ON THE REAR OF ALL PEDICABS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: . Section 1.That the Ci Council of the Cit of Fayetteville, Arkansas hereby amends Signed: -- L ___-- City v v y ------ §117.108 Pedicab Equipment; Inspection(B)Required equipment by enacting two new equipment requirements as subsections(1)and(m)as follows: - "(1)Sound-warning device; Subscribed and sworn to before me (m)The identification number assigned by the Fayetteville Police Department for the pedicab. and telephone number of the pedicab company shall be displayed on the rear of the pedicab This day ofd , 2011 . with numerals no smaller than two inches in height and one inch in width." PASSED and APPROVED this 19th day of April,2011. APPROVED' ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E.SMITH,City Clerk/Treasurer Notary Public __ 15 JrnMears ��i.ufl eJiiiliy M Commission Expires: `""° 123-i4647 Y p Nutary Public-Arkar sas t A MY Commission Expires Jan.20,2020 Do not pay from Affidavit, an invoice will be sent