HomeMy WebLinkAboutOrdinance 6392113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6392
File Number: 2020-1054
CORONAVIRUS SAFETY PROTECTIONS AND IMPROVEMENTS:
AN ORDINANCE TO CLARIFY THAT CORONAVIRUS SAFETY PROTECTIONS AND
IMPROVEMENTS MAY BE REQUIRED BEFORE RENEWING A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY, AND TO APPROVE AN EMERGENCY CLAUSE
WHEREAS, in order to protect the health and safety of Fayetteville citizens and visitors, new
coronavirus safety measures such as requiring face masks, limited occupancy, social distancing, and
regular disinfection of vehicles and equipment should be required to renew a Certificate of Public
Convenience and Necessity.
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 § 117.89
License Fees of the Fayetteville Code by changing its title to "License Fees and Renewals" and
by placing all current language within a new "(a) Annual License Fees" and by enacting a new (b) as
follows:
"(b) Renewal of Existing Certificates
Any Certificate of Public Convenience and Necessity may be renewed only if it is in full
compliance with all current terms and conditions and (during the coronavirus pandemic emergency)
with all Coronavirus safety precautions such as face mask wearing for all customers while riding in a
carriage, occupancy limitations of a single household family unit per carriage, proper social distancing
rules for customers awaiting service, disinfecting the carriage after each use, and other pandemic
emergency regulations supported or recommended by the City Board of Health, the State Department
Page 1 Printed on 1212120
Ordinance 6392
File Number 2020-1054
of Health or other infectious disease authority."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that to
protect the health and safety of Fayetteville citizens, residents and visitors during this increasing
pandemic emergency, additional coronavirus safety measures for persons riding in carriages using city
streets need to become effective immediately, and therefore the City Council declares an emergency
exists such that this ordinance and its regulations to protect the health and safety of our citizens,
residents and visitors must and shall be effective immediately upon the passage and approval of this
ordinance.
PASSED and APPROVED on 12/l/2020
Attest: ``���� i r ►rr,,��
1 = 'FAME
• TTEVILLE
Kara Paxton, City Clerk Treasured �• '
•9 •
Page 2 Printed on 1212120
City of Fayetteville, Arkansas 113WestMountainStreet
Fayetteville, AR 72701
_ (479) 575-8323
Text File
File Number: 2020-1054
Agenda Date: 12/1/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C 17
CORONAVIRUS SAFETY PROTECTIONS AND IMPROVEMENTS:
AN ORDINANCE TO CLARIFY THAT CORONAVIRUS SAFETY PROTECTIONS AND
IMPROVEMENTS MAY BE REQUIRED BEFORE RENEWING A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY, AND TO APPROVE AN EMERGENCY CLAUSE
WHEREAS, in order to protect the health and safety of Fayetteville citizens and visitors, new coronavirus
safety measures such as requiring face masks, limited occupancy, social distancing, and regular disinfection of
vehicles and equipment should be required to renew a Certificate of Public Convenience and Necessity.
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 §117.89 License Fees
of the Fayetteville Code by changing its title to "License Fees and Renewals" and by placing all current
language within a new "(a) Annual License Fees" and by enacting a new (b) as follows:
"(b) Renewal of Existing Certificates
Any Certificate of Public Convenience and Necessity may be renewed only if it is in full compliance with
all current terms and conditions and (during the coronavirus pandemic emergency) with all Coronavirus safety
precautions such as face mask wearing for all customers while riding in a carriage, occupancy limitations of a
single household family unit per carriage, proper social distancing rules for customers awaiting service,
disinfecting the carriage after each use, and other pandemic emergency regulations supported or recommended
by the City Board of Health, the State Department of Health or other infectious disease authority."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that to protect the
health and safety of Fayetteville citizens, residents and visitors during this increasing pandemic emergency,
additional coronavirus safety measures for persons riding in carriages using city streets need to become effective
immediately, and therefore the City Council declares an emergency exists such that this ordinance and its
regulations to protect the health and safety of our citizens, residents and visitors must and shall be effective
immediately upon the passage and approval of this ordinance.
City of Fayetteville, Arkansas Page 1 Printed on 12/2/2020
Legistar ID No.: 2020-1054
AGENDA REQUEST FORM
FOR: Council Meeting of December 1, 2020
FROM: City Attorney Kit Williams
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO CLARIFY THAT CORONAVIRUS SAFETY PROTECTIONS
AND IMPROVEMENTS MAY BE REQUIRED BEFORE RENEWING A CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY, AND TO APPROVE AN
EMERGENCY CLAUSE
APPROVED FOR AGENDA:
City Attorney Kit Williams
kL . %.' I I I Z.Dz-j
Date
ICA
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
Kit Williams
City Attorney
Blake Pennington
TO: Mayor Jordan Assistant City Attorney
City Council Jodi Batker
Kara Paxton, City Clerk Kara Paxton Paralegal
CC: Susan Norton, Chief of Staff
Chief Reynolds
FROM: Kit Williams, City Attorney
DATE: November 20, 2020
RE: Coronavirus Safety Regulations for Horse Drawn Carriage
Operations
The City Administration wants to ensure persons or companies desiring to
furnish holiday carriage rides for our citizens and visitors will follow CDC, State
Department of Health, City Board of Health and other reasonable guidelines to
protect the health and safety of their customers. In order to clarify the City's
inherent power to require these necessary pandemic safety measures before an
applicant can renew a Certificate of Public Convenience and Necessity, I have
drafted a short amendment to Article VII Nonmotorized Passenger Transport
Vehicles.
I am recommending that the City Council amend §117.18 License Fees not
only to require a fee, but to include a provision requiring reasonable pandemic
emergency regulations in order to renew a Certificate of Convenience and
Necessity. This proposed regulation would require an applicant or holder of a
Certificate to require face mask wearing of all customers during their ride. It
would also require occupancy limits to a single household family and social
distancing for customers waiting to ride the carriage. It would also require an
operator to disinfect the carriage after each ride.
I have also included an Emergency Clause so these regulations would
become effective immediately.
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS 117.81
Nonmotorized passenger transport service. The business of offering or providing transportation of
persons for hire, either in a nonmotorized transport vehicle or on horseback, camelback or
dromedaryback, when:
(1) A driver of handler is furnished as part of the service; and
(2) The service is offered only in accordance with a pre -approved route.
Nonmotorized passenger transport vehicle drivers permit. A permit issued to an individual by the
Chief of Police to operate a nonmotorized passenger transport vehicle or hire in the city.
Operate. To drive or be in physical control of a nonmotorized passenger transport vehicle.
Permittee. An individual who has been issued a nonmotorized passenger transport vehicle driver's
permit under this article.
Person. An individual, corporation, governmental subdivision or an agency, trust, partnership, or two
or more persons having a common economic interest.
Preapproved route. Nonmotorized passenger transport service operating on a predetermined
schedule with fixed pickup and destination points located on a route approved by and on file with the
Traffic Superintendent.
(Ord. No. 3931, §2, 10-3-95; Ord. No. 4396,§1, Ex. A, 5-21-02; Code 1991, §117.80; Ord. No. 4939,
10-17-06; Ord. No. 5346, 8-17-10)
117.81 Certificate Of Public Convenience And Necessity
(A) No person shall operate a nonmotorized passenger transport service within the city without first
obtaining a current Certificate of Public Convenience and Necessity from the Public Transit
Board established by § 33.320 of the Code of Fayetteville.
(B) To obtain a Certificate of Public Convenience and Necessity for a nonmotorized passenger
transport service, a person who owns, controls or operates a proposed nonmotorized passen-
ger transport service, must submit a proposal which shall be verified and contain the following
information:
(1) A statement of the type of nonmotorized passenger transport service for which applica-
tion is made;
copy of the documents establishing the business, and the name and address
(2) The form of business of the applicant; if the business is a corporation or association, a person with a direct interest in the business; of each
(3) The name, address, and verified signature of the applicant;
(4) A description of any past business experience of the applicant, particularly in providing
passenger transportation service;
` (5) The number and description of vehicles the applicant proposes to use in the operation of
the service including year, make, model, manufacturer's rated seating capacity, and state
license registration number for each vehicle;
CD117:17
117.81 FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
(6) The number of horses, camels, or dromedaries the applicant proposes to use in the
operation of the passenger transport service with a description, including age, color an
breed or photograph and a state certificate of veterinarian inspection of each horse,
camel or dromedary;
(7) A description of the proposed service, including routes, rates or fares to be charged, and
schedules, where applicable;
(8) Documentary evidence from an insurance company indicating a willingness to provide
liability insurance as required by this chapter.
(9) Such additional information as the applicant desires to include to aid in the determination
of whether the requested operating authority should be granted; and,
(10) Such additional information as may be determined to be necessary to assist or promote
the implementation or enforcement of this ordinance, or the protection of the public
safety.
(C) In deciding whether to issue or deny an application for a Certificate of Public Convenience and
Necessity to operate a nonmotorized passenger transport service, the Public Transit Board
shall consider, but not be limited to, the following:
(1) Whether the public convenience and necessity requires the proposed service;
(2) Whether the applicant has complied with all requirements of this ordinance for providing
the service applied for;
(3) The current safety record of the applicant, and the previous safety record, if the applicant
has operated a nonmotorized passenger transport service in the past.
(4) Number and description of all nonmotorized passenger transport vehicles to be used,
where applicable;
(5) Number and description of all horses, camels and dromedaries to be used;
(6) If nonmotorized passenger transport vehicles are employed, the number of passengers
that may be safely transported in each vehicle based on the size of the vehicle and the
type of horse pulling it;
(7) Customers to be served;
(8) Places for loading or unloading passengers;
(9) Hours of operation;
(10) Schedules and routes to be followed;
(11) Rates to be charged;
(12) The use of special safety equipment.
(13) The use of the special sanitary devices and special care procedures for horses, camels
and dromedaries; and
(14) Special conditions or limitations.
CD117:18
- FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS 117.83
(D) The Public Transit Board shall issue a Certificate of Public Convenience and Necessity to the
applicant, if it is determined that:
(1) The applicant has complied with all requirements for issuance of the certificate;
(2) That public convenience and necessity require the operation of the proposed service;
and
(3) The applicant has not made a false statement as to a material matter in an application for
a certificate.
(E) If the Public Transit Board determines that the requirements set forth above have not been met,
the Public Transit Board shall deny the certificate.
(Ord. No. 3931, §4, 10-3-95; Ord. No. 4396, §1, Ex.A, 5-21-02; Code 1991, §117.81; Ord. No. 4939,
10-17-06)
117.82 Route Approval
(A) All routes shall be approved by the city's Traffic Superintendent.
(B) Holders shall submit to the city's Traffic Superintendent all requests for temporary changes in
authorized routes, hours of operation, or for participation in special events such as festivals,
parades or weddings, not less than three (3) days before the effective date of the change or
_ . event.
(Ord. No. 3931, §5, 10-3-95; Ord. No. 4396, §1, Ex. A, 5-21-02)
117.83 Nonmotorized Passenger Transport Vehicle Drivers Permit
(A) No person shall operate a nonmotorized passenger transport vehicle for hire upon the streets
of the city, and no person who owns or controls a nonmotorized passenger transport vehicle
shall permit it to be so operated, and no nonmotorized passenger transport vehicle licensed by
the city shall be so operated at any time for hire, unless the driver of said vehicle shall have first
obtained and shall have then in force a nonmotorized passenger transport vehicle drivers
permit issued under the provisions of this article.
(B) Drivers Permit Required.
(1) An application for a nonmotorized passenger transport vehicle drivers permit shall be
filed with the Chief of Police 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 (4) residents of the county, who have known the
applicant for a period of one (1) year and who will vouch for the sobriety, honesty,
and general good character of the applicant; and
(b) A concise history of his/her employment;
(C) The Police Department shall conduct an investigation of each applicant for a nonmotorized
passenger transport vehicle driver's permit, and a report of such investigation with 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.
CD117:19
FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINFSS REGULATIONS 117.89
or qualified animal service officer is in imminent danger. To reinstate a horse, camel or
dromedary removed from service the animal must be re-examined and a new State
Certificate of Veterinarian Inspection must be submitted to the animal control officer.
(4) For purposes of this section, a horse, camel or dromedary is considered to be working
any time it is on the public street or sidewalk, or other public right-of-way, during any hour
of operation of the nonmotorized passenger transport service that is authorized by and on
file with the Traffic Superintendent.
(B) Vehicle Inspection and Maintenance. Each vehicle shall comply with all the safety require-
ments imposed by all state, federal or local laws applicable to the vehicle involved.
(C) Required Equipment.
(1) Nonmotorized Passenger Transport Vehicles.
(a) A holder or driver shall, at all times, provide and maintain in good operating
condition the following equipment for each nonmotorized passenger transport
vehicle:
(i) Headlights;
(ii) Taillights:
(iii) Flashing lights;
(iv) Approved braking system;
(v) Rubber on all wheels;
(vi) A "slow moving vehicle" sign attached to the rear of the vehicle;
(vii) Evidence of insurance;
(viii) A copy of this article.
(2) Helmets. Unless the operator, holder, or handler of a pony, horse, camel or dromedary
ride keeps all of its mounted ponies, horses, camels or dromedaries adequately and
safely tethered to a ring apparatus, the operator, holder or handler shall ensure that every
rider wears an equestrian or bicycle -type safety helmet while riding on horseback,
camelback or dromedaryback.
(Ord. No. 3931, §9, 10-3-95; Ord. No. 4396, Ex. A, 5-21-02,- Code 1991, §117.87; Ord. No. 4497
06-17-03; Ord. No. 4939, 10-17-06)
117.88 Transfer Of Certificate
No Certificate of Public Convenience and Necessity may be sold, assigned, mortgaged, or otherwise
transferred without the consent of the Public Transit Board.
(Ord. No. 3931, §10, 10-3-95; Ord. No. 4396, Ex, A, 5-21-02; Code 1991, §117,88)
117.89 License Fees
No certificate shall be issued or continued in operation unless the holder thereof has paid annual
license fee of $250.00 for the right to operate a nonmotorized passenger transport service under a
CD117:23
117.89 FAYETTEVILLE CODE OF ORDINANCES
TITLE XI BUSINESS REGULATIONS
Certificate of Public Convenience and Necessity. The license fees shall be for the calendar year and
shall be in addition to any other license fees or charges established by proper authority and
applicable to the holder.
(Ord. No. 3931, §11, 10-3-95; Ord. No. 4396, Ex. A, 5-21-02; Code 1991, §117.89)
117.90 Suspension, Revocation Of Certificate
(A) A certificate issued under the provisions of this article may be revoked or suspended by the
Public Transit Board if the holder thereof has:
(1) Violated any of the provisions of this article;
(2) 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) 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.
(Ord. No. 3931, §12, 10-3-95; Ord. No. 4396, Ex. A, 5-21-02)
117.91 A.D.A. Compliance
Holder shall comply with all applicable provisions of the Americans with Disabilities Act.
(Ord_ No. 3931, §13, 10-3-95; Ord. No. 4396, Ex. A, 5-21-02; Code 1991, §117.91)
117.92 Authority To Summon Veterinarian
The Police Department is hereby authorized to immediately summon the City Veterinarian (or other
licensed veterinarian as available) if at any time an officer reasonably believes a horse, pony, camel
or dromedary is ill, overtired, undernourished, overloaded, injured, or lame or whose health or life
may otherwise be in imminent danger.
(Ord. No. 3931, §14, 10-3-95; Ord. No. 4396, Ex. A, 5-21-02; Code 1991, §117.92; Ord. No. 4939,
10-17-06)
ARTICLE Vill LIGHTS OF THE OZARKS
117.93 Lights Of The Ozarks
(A) Establishment, Location and Parking Restrictions. The Lights of the Ozarks celebration is
hereby established in the city as an annual celebration beginning after the end of Farmers'
Market (around Thanksgiving) and running through January 1 of the next year. This event shall
be located on those interior parking spaces (adjoining the Old Post Office) of the Downtown
Square and on the sidewalks adjoining those parking spaces as well as those portions of the
Town Center Plaza needed for this event's success. The block of East Avenue between
Mountain Street and Center Street may be restricted to horse-drawn carriages, pony rides, or
other event vendors. No vendor shall obstruct pedestrian traffic on public sidewalks nor shall
more parking spaces be utilized for vendors than absolutely necessary. The Fayetteville
C D 117:24
NORTHWEST ARKANSAS
Democrat (gazette
•
FQ.5:\icC, PvETTE'r!LLE..44.'2C2• '9-242-1700•zt?.-;?6"s=P!z•
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas
Democrat-Gazette,a daily newspaper printed and published in said County, State of Arkansas; that I was so
related to this publication at and during the publication of the annexed legal advertisement
the matter of:Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, Ordinance:6392 of Health or other infectious disease
and that during said periods and at said dates, said newspaper File Number: 2020-1054 authority."
wasprinted and had a bona fide circulation in said County; CORONATIONS SAFETY Section of2: Fayetteville,That the City ans of
PROTECTIONS AND the City Arkansas
that said newspaper had been regularly printed and published IMPROVEMENTS: hereby determines that to protect the
AN ORDINANCE TO CLARIFY health and safety of Fayetteville
in said County, and had a bona fide circulation therein for the THAT CORONAVIRUS SAFETY citizens,residents and visitors
period of one month before the date of the first publication of PROTECTIONS AND during this increasing pandemic
IMPROVEMENTS MAY BE emergency,additional coronavirus
said advertisement;and that said advertisement was published REQUIRED BEFORE safety measures for persons riding in
in the regular daily issues of said newspaper as stated below. RENEWING A CERTIFICATE carriages using city streets need to
OF PUBLIC CONVENIENCE become effective immediately,and
AND NECESSITY,AND TO therefore the City Council declares
APPROVE AN EMERGENCY an emergency exists such that this
City of Fayetteville CLAUSE ordinance and its regulations to
Ord 6392 WHEREAS,in order to protect the protect the health and safety of our
health and safety of Fayetteville citizens,residents and visitors must
citizens and visitors,new and shall be effective immediately
coronavirus safety measures such upon the passage and approval of
as requiring face masks,limited this ordinance.
Was inserted in the Regular Edition on: occupancy,social distancing,and PASSED and APPROVED on
December 6 2020 regular disinfection of vehicles and 12/1/2020
equipment should be required to Approved:
renew a Certificate of Public Lioneld Jordan,Mayor
Convenience and Necessity. Attest:
Publication Charges: $170.24 NOW,THEREFORE,BE IT Kara Paxton,City Clerk Treasurer
ORDAINED BY THE CITY 75355439 Dec 6,2020
COUNCIL OF THE CITY OF
FAYETTEVILLE,ARKANSAS:
/j Sal Section l: That the City Council of
U _ the City of Fayetteville,Arkansas
Brittany Smith hereby amends§117.89
License Fees of the Fayetteville
Code by changing its title to
Subscribed and sworn to before me "License Fees and Renewals"and
This 9. day of , 2020. by placing all current language
within a new"(a)Annual License
Fees"and by enacting a new(b)as
follows:
"(b)Renewal of Existing
Certificates
Any Certificateof Public Convenienceand Necessity may be
renewed only if it is in full
Notary Public compliance with all current terms
`��I and conditions and(during the
My Commission Expires: (/( J coronavirus pandemic emergency)
GG5 �2 with all Coronavirus safety
�P aA'i Z6 precautions such as face mask
� \� � � wearing for all customers while
C,P� \\g5���e cio\O" riding in a carriage,occupancy
�yGUP ca 4Q�3 limitations of a single household
,qF_•.,• ��,P ��9 family unit per carriage,proper
**NOTE** ( Nc' t"• ' social distancing rules for
NOTE Please do not pay .. t�l,tRit customers awaiting service,
Invoice will be sent. '•, A;K�?`, disinfecting the carriage after each
use,and other pandemic emergency
regulations supported or
recommended by the City Board of
Health,the State Department