HomeMy WebLinkAbout206-04 RESOLUTION• •
RESOLUTION NO. 206-04
A RESOLUTION GRANTING A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO TONY -C TAXI & LIMO
CO., LLC FOR THE OPERATION OF A TAXICAB AND
LIMOUSINE SERVICE WITHIN THE CITY OF FAYETTEVILLE,
ARKANSAS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby grants a Certificate of Public Convenience and Necessity to Tony -C Taxi
& Limo Co., LLC for the operation of a taxicab and limousine service within the
City of Fayetteville, Arkansas, in accordance with Chapter 117, Fayetteville Code
of Ordinances.
PASSED and APPROVED this 7th day of December 2004.
ATTEST:
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:FAYETTEVILLE•
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By
S NDRA SMITH, City Clerk
APPROVED:
By
DAN COODY, Mayor
NAME OF FILE:
CROSS REFERENCE:
Item #
Date
Resolution No. 206-04
Document
1
11/18/04
memo to mayor & City Council
2
draft resolution
3
copy
Application/Renewal
of Certificate of Public Convenience & Necessity
4
copy of State of Arkansas re: self-insured status
5
copy of A.C.A. § 29-19-107
6
copy of Chapter 117
7
Staff Review Form
8
memo to Frank Johnson
9
10
11
12
13
14
15
16
NOTES:
,ees
• • /2/7/°f
FAYETTEVILLE ad,6
TNS CRT OF !AYUTTIVRLt, ARKANSAS /5n,,- C' L, 7�
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(teft (tCcs-44-
DEPARTMENTAL CORRESPONDENCE
TO:
FROM: Frank Johnson, Chief of Police
DATE: November 18, 2004
Mayor Dan Coody and Members of the City Council
RE- Request for Public Hearing on a Certificate of Public Convenience and
Necessity for Tony -C Taxi and Limo Company
Recommendation:
The council should schedule a public hearing to determine if a Certificate of
Public Convenience and Necessity should be issued to Tony -C Taxi and Limo Company.
Background:
The council recently passed a new ordinance governing taxi and limousine
companies in Fayetteville. There have been meetings with city staff, the police
department and the fleet division to determine the procedure that will be used to
implement the new ordinance. All current Certificates of Public Convenience and
Necessity will expire on December 31, 2004.
Discussion:
Attached is a copy of Mr. Catroppa's application for his certificate, a letter from
the Department of Finance and Administration stating Mr. Catroppa is self-insured and
copy of the law quoted in the letter from DFA. The city attorney should determine if Mr.
Catroppa docs in fact meet the insurance requirement in the ordinance.
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• •
RESOLUTION NO.
A RESOLUTION GRANTING A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO TONY -C TAXI & LIMO
CO., LLC FOR THE OPERATION OF A TAXICAB AND
LIMOUSINE SERVICE WITHIN THE CITY OF FAYETTEVILLE,
ARKANSAS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas
hereby grants a Certificate of Public Convenience and Necessity to Tony -C Taxi
& Limo Co., LLC for the operation of a taxicab and limousine service within the
City of Fayetteville, Arkansas, in accordance with Chapter 117, Fayetteville Code
of Ordinances.
PASSED and APPROVED this 7th day of December 2004.
ATTEST:
APPROV'D;
DAN cSrDY, Mayo
as Scott - Certificate of Public Converyopce.doc 1 Page 1
Certificate of Public Convenience & Necessity
Application/Renewal
As required to comply with Chapter 117 of the Fayetteville Coda of ordinances
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App cant
TN
Name
C
Address
TAILi <fi Ar rvw
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Phone Number
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Name of
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filthiness
Phone Nu r
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Business
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Location
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its
Ue RdytorS A4 72756
Mailing
Address
LLC
Type of
Name andte
Business
address
AA/
(Sole
of_
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Proprietor, Corporation,
all/owners, officers and
p pg — b 3 q1
stockholders:
LLC)
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Name of�person to whom complaints should be directed:
ON/ rq-brop pq
Financial status of applicant (Attach financial statement or profit and loss statement)
radtcott - Certificate of Public Conver'ce.doc
Page 2)
List any unpaid judgments against any of the owners, officers and stockholders and the nature or acts giving Ase
to said Judgments:
0)aN-IQ
Describe the experience
Toffy
of all owners,
%S b-cetnJ
officers and stockholders
i w TAxr
in the transportation of passengers:
/ itInp 10pve1t'db,J
111\i WOShill hp., (Hwa fiehitok, Couoti 51,,Ax -P
/995—
Give
any facts you believe tend to prove the necessity
WP Atilt(' 6Prki rc'\) bus ;An
of granting a certificate:
s1 F2 loy
n5 i'w ati-e
/fir(tt
—
List the number
Minimum and
List the location
3$7o
of vehicles that will be under your operation
Maximum number of vehicles to be permitted:
of proposed depots and terminals:
WI O411 S 4. rAyr
or control: c2 O
/ 2
G
Minimum Maximum
Al U) GNP
72,
() W.
tudwI fo9PU f
1
�fadScott - Certificate of Public Conve.doc
Describe the color scheme or Insignia to be used to designate
OW -0e S • 1--e o f UR h, el.€,
your vehicle:
lomi c
crab Co .
—
ow Top
6 F cd.b5— eli�li-P
(f S'fw,lavi Cao Cr) ,
Ust your days and hours of operation:
`l jays— 7; 0 caw'
vwrig t., y:uo 044—
SCi.vc
/v', owl.
U1V4' L�- 2; d J Al 4444
—
List
any days you do not propose to provide
lC-e 1/45-40 it tiet,5 Ow1L
taxicab service
to the general public:
List your proposed passenger rate schedule:
2%0 PICK /.5o P-er nuii`€
Police De ent Represen
tive Date
NOV-17-2004
17:47 FROM: TONY C E[TERPRISE 4796317496 14795873522
w p SERVICES
STAISOFAIIKAl BAS tiatetb
)cry �a9°y* CT
And Awa • ..e.na.a Maj M
June 9, 2004
tour Catroppa . ���rise
Joe Tony Catroppa
8391 5 Lakeshore Dr
Mtyen AR72756
rtc Sett -Insurance 90032
MAIC Number: 90032.32,
Polity Nunber:
near S' or Madam:
Please oe advised that in vehtd registered to you State of 0uhanses IS granted a
ember of Tony
Cet_lns • e �ourycompany has compiled with the speClflt+atton8 set out ant self-
insuInsuredstings. �( 27-19-107 and this statute number may be
Insured the
Insurance
to Adana Stateinnum for reference.
used as the Irlwrarhoe Identification
You may present this letter as verification of compliance with the Arkateas macopy ndatory
nability Insurance requirement for region of vehicles- You should keep a Of this
irt
fetter in your vehldas at alt dines in order Mr your drivers, law
enforcernent authority to have a cant= reference should a question
If you have any Quern concerning this matter. Please call for furtitaf assistance.
Sincere)
Say Rbl ger
itv genion
espo
Safety espo
Teleotanet (501) 682-7100
P.1
• •
27-19-107
TRANSPORTATION 310
27-19-107. Self -insurers.
(a) Any religious denomination which has more than twenty-five (25)
members who own motor vehicles registered in this state and which
prohibits its members from purchasing insurance of any form as being
contrary to its religious tenets, or any person in whose name more than
twenty-five (25) vehicles are registered in this state or any political
subdivision or municipality of this state, individually or collectively,
may qualify as a self -insurer by obtaining a certificate of self-insurance
issued by the office as provided in subsection (b) of this section.
(b) The office may, in its discretion, upon the application of the
religious denomination, person, political subdivision, or municipality,
individually or collectively, issue a certificate of self-insurance when it
is satisfied that the religious denomination, person, political subdivi-
sion, or municipality is possessed and will continue to be possessed of
ability to pay judgments against them. The certificate may be issued
authorizing a religious denomination, person, political subdivision, or
municipality, individually or collectively, to act as a self -insurer for
either property damage or bodily injury, or both.
(c)(1) Upon not less than five (5) days'
reasonable oticnd a hearing
euar ng pursuant
to such notice, the office may, upon
ancel a
certificate of self-insurance.
(2) Failure to pay any judgment within thirty (30) days after the
judgment shall have become final shall constitute a reasonable ground
for the cancellation of a certificate of self-insurance.
History. Acts 1953, No. 347, § 88;
A.S.A. 1947, § 75-1488; Acts 1987, No.
590, § 4; 1989, No. 189, § 1.
RESEARCH REFERENCES
UALR L.J. Survey — Insurance, 10
UALR L.J. 587.
Ark. L. Rev. Oliver, None for the Road:
Addressing the Problem of Uninsured Ve-
hicles and Drivers in Arkansas, 21 UALR
L.R. 167.
CASE NOTES
Cited: Yarbrough v. Checker Cab Co.,
256 Ark. 314,507 S.W.2d 105 (1974).
SUBCHAPTER 2 - DEFINITIONS
SECTION.
27-19-201. Definitions generally.
27-19-202. Commissioner.
27-19-203. Chauffeur.
27-19-204. Driver.
27-19-205. License.
27-19-206. Motor vehicle.
SECTION.
27-19-207. Nonresident.
27-19-208. Nonresident's operating
lege.
27-19-209. Office.
27-19-210. Operator.
27-19-211. Owner.
•
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
•
CHAPTER 117: VEHICLE -RELATED BUSINESSES
ARTICLE I
REPAIR SHOPS AND WRECKER
SERVICES
117.01 Definitions
For the purpose of this article, the following definitions
shall apply unless the context clearly indicates or
requires a different meaning.
Motor vehicle. Every self-propelled device in upon
or by which any person or property is or may be
transported or drawn over pubic streets and highways,
except devices used exclusively upon stationary rails or
tracks. 'Motor vehicle' shall include, but shall not be
limited to, automobiles, trucks, tractors, motorcycles,
implements of husbandry, or buses.
Motor vehicle repair .shop. Any business where
motor vehicles are repaired for a charge and any place
where the work of repairing motor vehicles is carried on
as an incident to the business of selling new or used
motor vehicles, or new or used motor vehicle parts, or
as an incident to any other traffic in motor vehicles or
their parts or equipment.
Motor vehicle wrecker service. Any business
which, as a part of its operation, tows disabled motor
vehicles for a charge.
Repair work on motor vehicles. Any work on the
premises of a motor vehicle repair shop which requires
direct or indirect physical contact with a motor vehicle
or part thereof.
(Code 1965. §13C-1; Ord. No. 2190, 1-20-76; Code 1991,
§117.01)
117.02 Storage Of Wrecked Vehicle
(A) No person In charge of or In control of a motor
vehicle repair shop, or a motor vehicle wrecker
service, whether as owner, lessee, tenant,
occupant or otherwise, shall allow any partially
dismantled, nonoperable or wrecked motor vehicle
to be stored on the premises longer than 10 days,
unless said motor vehicle is stored in an enclosed
building or is stored behind a six-foot fence
constructed of such material that the motor vehicle
is not readily visible by motorists or pedestrians. A
six-foot view -obscuring fence may be constructed
in accordance with this section, notwithstanding
any provision of the city's zoning code (Chapter
160).
(B) No person in charge of, or In control of, a motor
vehicle repair shop, or a motor vehicle wrecker
CD117:5
service, whether as owner, lessee, tenant,
occupant or otherwise, shall allow any partially
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
located closer than 50 feet from the street right-of-
way, no partially dismantled, nonoperable or
wrecked motor vehicle shall be stored closer to the
street right-of-way than the wall of the building.
(Code 1965, §§13C-2, 13C-3; Ord. No. 2190, 1-2-76: Ord. No.
2196, 2-17-76; Code 1991, §117.02)
117.03-117.09 Reserved
ARTICLE II
USED CAR SALES
117.10 Report To Police Department
Required
All automobile dealers in the city are required to furnish
to the police department a list of all used cars sold by
the dealer, setting forth such information as is
prescribed by the police department.
(Code 1965. §19-8; Ord. No. 1447, 6-7-65; Code 1991,
§117.10)
117.11-117.19 Reserved
ARTICLE III
REPEALED
117.20-117.29 Reserved
ARTICLE IV
TAXICABS
117.30 Definitions
For the purpose of this article, the following definitions
shall apply unless the context clearly indicates or
requires a different meaning.
Certificate. A Certificate of Public Convenience
and Necessity Issued by the City Council, authorizing
the holder thereof to conduct a taxicab business in the
city.
Driver's permit. The permission granted by the
Chief of Police, or his duty -appointed representative, to
a person to drive a taxicab upon the streets of the city.
Holder. A person to whom a Certificate of Public
Convenience and Necessity has been issued.
•
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
and shall furnish the following information:
(1) The name and address of the applicant,
including the name and address of all officers
and stockholders of the company, if
incorporated, and the name of the person to
whom complaints should be directed;
Manifest. A daily record prepared by a taxicab
driver and/or taxicab company of all trips made by
company vehicles showing time and place of origin,
destination, number of passengers, and the amount of
fare of each trip.
Person. Includes an individual, a corporation, or
other legal entity, a partnership, and any
unincorporated association.
Rate card. A card issued by the city for
conspicuous display in each taxicab which contains the
rates of fare then in force.
Taxicab. A motor vehicle regularly engaged in the
business of carrying passengers for hire, having a
seating capacity of not more than seven passengers
and not operated on a fixed route. This definition
expressly excludes limousines.
Waiting time. The time when a taxicab is not in motion
from the time of acceptance of a passenger or
passengers to the time of discharge, but does not
include any time that the taxicab is not in motion if due
to any cause other than the request, act, or fault of a
passenger or passengers.
(Code 1965, Sec. 20-16; Ord. No. 1910, 4-3-73; Code 1991,
§117.30: Ord. No. 4623, 10-05-04)
117.31 Rates
(A) All taxicabs shall utilize a meter for calculation of
rates and such apparatus shall be clearly visible to
the occupant of the vehicle.
(8) The City Council shall set the maximum
allowable rates for all taxicabs, consistent with
the provisions of Arkansas Code Annotated § 14-
57-303. The City Council shall annually review
maximum allowable rates to determine if a
change is needed.
(Ord. No. 4623, 10-05-04)
Cross reference(s)—Public Transit Board. §33.320.
117.32 Certificate Of Public Convenience
And Necessity Required; Issuance
Procedure
(A) No person shall operate or permit a taxicab owned,
leased or controlled by him to be operated as a
vehicle for hire upon the streets of the city without
having first obtained a Certificate of Public
Convenience and Necessity from the Fayetteville
City Council.
(B) An application for a certificate shall be filed with the
Police Department upon forms provided by the city,
and said application shall be verified under oath
CD117:6
•
(2) The financial status of the applicant, including
the financial status of the officers and
stockholders of the company, if incorporated,
including the amount of all unpaid judgments
against the applicant (officers and
stockholders of the company, if incorporated),
and the nature of the transaction or acts giving
rise to said judgments;
The experience of the applicant including all
officers and stockholders of the company, if
incorporated, in the transportation of
passengers:
(3)
(4) Any facts which the applicant believes tend to
prove that public convenience and necessity
require the granting of a certificate;
(5) The number of vehicles to be available for
operation or controlled by the applicant and
the location of proposed depots and terminals,
The applicant shall fumish a minimum and
maximum number of vehicles to be permitted;
(6) The color scheme or insignia to be used to
designate the vehicle or vehicles of the
applicant;
(7)
The hours between which the applicant
proposes toprovide taxicab service to the
general public, and the days, if any, on which
the applicant does not propose to provide
taxicab service to the general public, and;
(8) The rate schedule which the applicant
proposes to use to charge passengers.
(C) Upon the filing of an application, the City Clerk
shall fax 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 'ntroduce
evidence and to be heard either in support of or
opposition to the issuance of a certificate.
(D) Findings of the City Council.
(1)
•
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
If the City Council finds that further taxicab
service in the city is required by the public
convenience and necessity and that the
applicant is fit, willing, and able to perform
such public transportation and to conform to
the provisions of this subchapter, then the city
clerk shall issue a certificate stating the name
and address of the applicant, the number of
vehicles authorized under the certificate and
the date of issuance; otherwise, the
application shall be denied.
(2) The City Council shall deny any application in
which the proposed hours of service or the
proposed rate schedule are found to be
unreasonable to meet the public need.
(3)
In making the above findings, the City Council
shall take into consideration the number of
taxicabs already in operation, whether existing
transportation is adequate to meet the public
need, the probable effect of increased service
on local traffic conditions, and the character,
experience and responsibility of the applicant.
(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)
117.33 Liability Insurance
No Certificate of Public Convenience and Necessity
shall be Issued or continued in operation unless there is
in full force and effect automobile liability insurance for
each vehicle. The insurance shall have limits of not
less than $25,000for personal injury to, or death of, any
one person in any one accident, and liability limits of
$50,000 for personal injury to, or death of, two or more
persons In any one accident, and $25,000.00 for injury
to or destruction of property or others in any one
accident. The insurance shall be maintained with an
insurance company authorized to do business In the
state. A certificate evidencing such insurance shall be
filed with the finance director.
(Code 1965, §20-21; Ord. No. 1910, 4.3.73; Ord. No. 3038,10-
2-84; Code 1991, §117 33)
117.34 Licensing Requirements
(A) Decal required.
No certificate shall be Issued or continued in
operation unless the holder thereof has secured
an annual permit decal for each vehicle granting
the right to engage in the taxicab business. The
licensing shall be for the calendar year with
holders required to file annual renewal applications
and fees at least thirty (30) days prior to the end of
each year; and shall be in addition to any other
license fees or charges established by proper
CD117:7
•
authority and applicable to the holder or the vehicle
or vehicles under his operation and control All
vehicles so licensed shall be required to show
proof of the purchase of for hire tags from the State
of Arkansas.
(B) Surety Bond required.
No certificate shall be issued unless and until the
applicant shall file with the City Clerk a surety bond
in the amount of $100 00 conditioned upon the
applicant establishing, maintaining, and continuing
the proposed service until such time as the
certificate Issued to the applicant is cancelled,
withdrawn, or has expired
(C) Radio dispatch required.
Every certificate holder shall maintain a radio
dispatch system in operation during the hours of
operation set forth in the application for the
Certificate of Public Convenience and Necessity,
capable of providing reasonably prompt service in
response to requests received by telephone. Two-
way radios are the preferred system. Citizens Band
(CB) radios shall not be used. Any holder of a
Certificate of Public Convenience and Necessity at
the time of passage of this ordinance shall have six
(6) months from the effective date thereof to
comply with this provision.
(DJ 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)
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 1991.
§117.35; Ord. 4623, 10-05-04)
117.36 Suspension, Revocation Of
Certificate
(A) A certificate issued under the provisions of this
article may be suspended by the Chief of Police, or
his duly -appointed representative, if the holder
thereof has (1) violated any of the provisions of this
article, (2) discontinued 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.
•
FAYETTEVILLE CODE
TITLE XI BUSINESS
(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 hoard.
(Code 1965, §20-24; Ord. No. 1910, 4373; Ord. No. 2716, 4-
21-81; Code 1991, §117.36; Ord. No.4623, 10-05-04)
117.37 Taxicab Driver's Permit Required;
Issuance Procedure
(A) No person shall operate a taxicab for hire upon the
streets of the city and no person who owns or
controls a taxicab shall permit it to be so driven,
and no taxicab licensed by the city shall be so
driven at any time for hire, unless the driver of said
taxicab shall have first obtained and shall have
then in force a taxicab driver's permit issued under
the provisions of this subchapter.
(B) Application required.
(1) An application for a taxicab driver's permit
shall be filed with the Chief of Police, or his
duty -appointed representative, on forms
provided by the city, and such application shall
be verified under oath and shall contain the
following Information:
(a) The names and addresses of four
residents of county, who have known the
applicant for a period of one year and
who will vouch for the sobriety, honesty,
and general good character of the
applicant.
(b) A concise history of his employment; and,
(c) satisfactory proof that the applicant is
twenty one (21) years of age or over, as
required by Arkansas Code Annotated §
14-57-404.
(C) Before any application is finally passed upon by
the Chief of Police, or his duly -appointed
representative, the applicant shall be required to
show that he has a current motor vehicle's
chauffeur's for hire permit issued by the state.
(D) The police department shall conduct a local
background check of each applicant for a taxicab
driver's permit, and a report of such background
check and a copy of the traffic and police record of
the applicant, 0 any, shall be attached to the
application for the consideration of the Chief of
•
OF ORDINANCES
REGULATIONS
Police, or his duly -appointed representative.
CD117:8
(E) The Chief of Police, or his duly -appointed
representative, shall, upon consideration of the
application and the reports and certificate required
to be attached thereto, approve or reject the
application. If the application is rejected, the
applicant may request a personal appearance
before the City Council to offer evidence why his
application should be reconsidered.
(F) Form and term of permit.
(1) Upon approval of an application for a taxicab
driver's permit, the Chief of Police, or his duly -
appointed representative, shall issue a permit
to the applicant which shall bear the name,
address, age, signature and photograph of the
applicant.
(2) Such permit shall be in effect for the
remainder of the calendar year A renewal
permit for each calendar year thereafter shall
be issued, unless the permit for the preceding
year has been revoked.
(G) Each certificate holder shall maintain copies of the
drivers permit application and other supporting
information so long as the driver is employed by
the certificate holder. Each certificate holder shall
promptly inform the Chief of Police, or his duty -
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)
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)
117.39 Suspension, Revocation Of Permit
The Chief of Police, or his duly -appointed
representative, Is hereby given the authority to suspend
any driver's permit issued under this article for a driver's
failure or refusal to comply with the provisions of this
article, such suspension to last for a period of not more
than ten days. The Chief of Police, or his duly -
appointed representative, is also given authority to
revoke any driver's permit for failure to comply with the
provisions of this article. However, a permit may not be
suspended or revoked unless the driver has received
notice and has had an opportunity to present evidence
in his behalf.
FAYETTEVILLE CODE
TITLE XI BUSINESS
(Code 1965, §20-33. Ord. No. 1910, 4-3-73: Code 1991,
§117.39; Ord. 4623, 10-05-04)
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, §20.331. Ord No 1910, 4-3-73; Code 1991.
§117.40; Ord. 4623, 10-05-04)
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
inspection shall be at a rate set by the Fleet
Superintendent and shall be calculated at the hourly
charge schedule utilized by the division. In addition,
certificate holders shall pay an annual one hundred
(100) dollar fee per vehicle, to defray the City's
administrative costs. The vehicle must comply with
such reasonable rules and regulations as may be
prescribed by the Chief of Police, or his duly -appointed
representative These rules and regulations shall be
promulgated to provide safe transportation and shall
specify such safety equipment and regulatory devices
as the Chief of Police, or his duly -appointed
representative, shall determine necessary. The vehicle,
upon passage of an Inspection shall be affixed with a
decal that certifies the vehicle as safe to operate in the
city of Fayetteville.
(Code 1965, §20-33.2: Ord. No. 1910,4-3-73; Ord. No.1916, 4-
17.73; Code 1991, §117.41; Ord. 4623, 10-0504)
117.42 Designation Of Vehicle As
Taxicab By Insignia Or The Like
No vehicle covered by the terms of this article shall be
licensed whose color scheme, identifying design,
monogram, or insignia to be used thereon shall, in the
opinion of the Chief of Police, or his duly -appointed
representative, conflict with or imitate any color
scheme, Identifying design, monogram or insignia used
on a vehicle or vehicles already operating under this
article, in such a manner as to be misleading or tend to
deceive or defraud the public; and provided further, that
if, after a license has been issued for a taxicab
hereunder, the color scheme, identifying design,
monogram or insignia is used by any other person
owner or operator, in such a manner as to be
misleading or tend to deceive the public, the license of
or certificate covering such taxicab or taxicabs shall be
suspended or revoked. The vehicle operator shall also
be required to display the decal affirming the safe
OF ORDINANCES
REGULATIONS
CD117:9
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)
117.43 Acceptance, Discharge Of
Passengers
(A) Duties of Drivers.
(B)
(1) Restriction on number of passengers. No
drivers shall permit more persons to be canied
in a taxicab as passengers than the rated
seating capacity of the taxicab as defined by
the vehicle manufacturer. Every taxicab, as
required by state law, shall carry a child safety
seat and the driver shall know how to properly
Install and safely use such device. A child
under six years of age, properly restrained by
a child safety seat shall not be counted as an
extra passenger when accompanied by an
adult.
(2) Refusal to cany orderly passengers
prohibited. No driver shall refuse or neglect to
convey any orderly person or persons, or any
person or persons accompanied by a seeing
eye dog, or a seeing eye dog upon request,
unless unable or forbidden by the provisions
of this article to do so;.provided, it shall not be
unlawful for a driver to refuse or neglect to
convey any passenger who has previously
refused or failed to pay a legal fare as
provided in this article.
(3) Prohibitions of drivers. It shall be a violation of
this article for any driver of a taxicab to solicit
business for any hotel or motel, or to attempt
to divert patronage from one hotel or motel to
another. Neither shall such driver engage in
selling intoxicating liquors or use his vehicle
for any illegal purpose.
(4) Passengers without fare prohibited. No driver
shall permit any person to be carried In a
taxicab as a passenger without payment of the
legal fare mentioned in this article while a fare -
paying passenger is also being carded In the
cab.
'Shared Ride' vs. 'Exclusive Ride.' All persons
engaged In the taxicab business In the city,
operallng 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
FAYETTEVILLE CODE
TITLE XI BUSINESS
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.
Response to calls. Holders of Certificates of Public
Convenience and Necessity shall answer all calls
received by them during the hours of operation
specified on the holder's application for services
inside the corporate limits of the city as soon as
they can do so; and, if said services cannot be
rendered within a reasonable time, they shall then
notify the prospective passengers how long it will
be before the call can be answered and give the
reason for the delay. Any holder who shall refuse
to accept a call anywhere in the corporate limits of
the city at any time when such holder has available
cabs shall be deemed in violation of this article,
except on those occasions when the Chief of
Police, or his duly -appointed representative,
declares the streets of the City to be unsafe due to
inclement weather. Any vehicle operated under the
provisions of this article shall be equipped with
snow tires or chains when required by weather
conditions.
(Code 1965, §§20-33 7 20-33.8; Ord. No. 1910, 4-3-73; Ord.
No. 2302, 1-4-77; Ord. No. 2601, 2-19-80; Ord. No. 2716, 4-21-
81; Code 1991, §117.43; Ord. No. 4623, 10-05-04)
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)
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)
OF ORDINANCES
REGULATIONS
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)
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)
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)
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) Meter rates shall be used exclusively by all
taxicabs excluding waiting time except as provided
CD117:10
FAYETTEVILLE CODE
TITLE XI BUSINESS
in subsection (D) below. The ceiling rates shall
apply to all taxicabs operating in the city.
The initial rates are set out as follows:
(1) Exclusive ride. Ceiling rate, no more than a
rate of:
(a) Initial meter charge: $2.00
(b) Charge per mile: $1.50
(2) No more than $1.00 per additional person
shall be charged.
(3) Waiting time ceiling rate, not to exceed $18.00
per hour.
(C) Passengers shall pay only the fare which appears
on the meter. If no fare appears on the meter, the
passenger's ride shall be free, except as provided
in subsection (D) below, and excluding waiting
time.
(D) A taxicab operator may make special contractual
arrangements in advance with persons at fares
either higher or lower than those set forth by this
article, but such contract must be in writing and a
copy thereof filed with the City Clerk.
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 and having a manufacturer's
seating capacity of at least eight persons, including the
driver. 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 )
117.61 License Required; Fee
It is hereby declared to be a privilege for any person to
furnish limousine service, and no person shall engage
In such undertaking without first paying to the city an
annual license fee of $100.00 for each limousine used
on the streets of the city, for the privilege of engaging in
such business. The fee shall be paid on or before
January 1st of each year
OF ORDINANCES
REGULATIONS
15-75; Code 1991, §117.61; Ord. No. 4623, 10-05-04)
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)
117.63 Liability Insurance
No person shall furnish limousine service unless and
until such person has filed with the finance director a
copy of a motor vehicle liability insurance policy issued
by an insurance company authorized to do business in
the state, providing I'mits of not less than $25,000.00
for personal injury to, or death of, any one person in
any one accident, iability limits of $50,000.00 for
personal injury to, or death of, two or more persons in
any one accident, and $25,000.00 for injury to or
destruction of property of others In any one accident.
(Code 1965, §20-38. Ord No 1080, 4.4-55' Ord No. 2099, 4-
15-75; Ord. No. 3037, 10-2-84; Ord. No. 4623, 10-05-04)
117.64-117.74 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.
Rent -a -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. §20-35; Ord. No. 1080, 4-4-55; Ord. No. 2099, 4- (Code 1965, §20-50; Ord. No. 1261, 4-10-61; Code 1991,
§117.75)
CD117:11
• •
City of Fayetteville
Staff Review Form
City Council Agenda Items
Contracts
Frank Johnson
Submitted By
7 -Dec -04
City Council Meeting Date
Division
Action Required:
Police
Department
Schedule a public hearing to determine if a Certificate Of Public Convenience and Necessity should be issued to
Tony -C Taxi and Limo Service
N/A
Cost of this request
N/A
Account Number
N/A
Project Number
Budgeted Item
N/A
Category/Project Budget
N/A
Funds Used to Date
N/A
Remaining Balance
Budget Adjustment Attached
N/A
Program Category / Project Name
N/A
Program / Project Category Name
N/A
Fund Name
A^ _ Previous Ordinance or Resolution #
f.A.arl_, 6/11! by Original Contract Date.
De artment Direct C� / Dat/
Original Contract Number:
City nnome
Attorne
,Mayor
4,a
ate
tiA
Date
Received in City Clerk's Office
Received in ayor's Office
fig.
Comments:
a e evt e
Y ARKANSAS
•
City Clerk Division
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
Fax: (479) 718-7695
city_cierk@cilayetteville.ar.us
DEPARTMENTAL CORRESPONDENCE
To: Frank Johnson
Police Department
From: Clarice Buffalohead-Pearman
City Clerk Division
Date: December 13, 2004
Re: Res. No. 206-04
The City Council passed the above resolution, December 7, 2004, granting Tony -C Taxi & Limo
Co. a Certificate of Public Convenience and Necessity. I have attached a copy of the resolution
recognizing that decision.
The resolution will be recorded in the city clerk's office and microfilmed. If anything else is
needed please let the clerk's office know. Thanks.
/cbp
attachments
cc: Internal Auditor