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I ORDINANCE NO. 18t451
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3 AN ORDINANCE TO AMEND CERTAIN
4 SECTIONS OF THE LITTLE ROCK
5 TRANSPORTATION CODE, CODIFIED AT
6 LITTLE ROCK, ARK., REV. CODE § 34-1 TO § 34-97
7 (1988), TO DELEGATE TO THE AIRPORT
8 CO ,MISSION THE AUTHORITY TO CONDUCT
9 HEARINGS AS MAY BE NECESSARY UNDER THE
to TRANSPORTATION CODE, CODIFIED AT LITTLE
11 ROCK, ARK., REV. CODE § 34-6 (1988),
12 REGARDING THE OPERATION OF TAXICABS
13 ON AIRPORT PROPERTY, DECLARING AN
14 EMERGENCY; AND FOR OTHER PURPOSES.
15
16 AREAS, On November 18, 1997, the City adopted a new Transportation
17 Code, codified at Little Rock, Ark., Rev. Code ( "LRC ") § 341 to § 34 -97, that
18 governs transportation franchises of vehicles for hire, and
19 WHEREAS, After one full year of the City's Fleet Department regulating
20 vehicles for hire under the new Transportation Code, there is a desire to amend the
21 Transportation Code to recommend some needed changes and additions to the
22 Code as it is currently written regarding special paratransit services and luxury
23 limousine services, and
24 WHEREAS, there is also a desire to clarify that, under the Transportation
25 Code, taxi operators shall obtain applicable business licenses in addition to any
26 permits required pursuant to the Transportation Code, and
27 WHEREAS, regarding the operation of vehicles for hire on airport property,
28 the Transportation Code, at LRC § 34 -6 (c), states that any hearings required by this
29 chapter shall be conducted by the City, unless such authority to conduct hearings is
30 expressly delegated by ordinance to the Airport Commission by the City, and
31 WHEREAS, it has been determined that the efficient regulation of taxicabs
32 at the Little Rock National Airport is most effectively accomplished on site by the
33 management staff of the Little Rock National Airport, and
I WHEREAS, the Little Rock Municipal Airport Commission Rules and
2 Regulations For the Operation of Taxicabs on the Little Rock National Airport,
3 including the authority to conduct hearings, have been developed consistent with the
4 provisions of the City of Little Rock Transportation Code, and
5 WHEREAS, pursuant to LRC § 34 -6(c), the City desires to delegate the
6 authority to conduct such hearings to the Airport Commission.
7 NOW, TBEREFORE, BE IT ORDAINED BY THE BOARD OF
8 DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS-
9 Section 1. LRC § 34-4, Definitions, shall be amended to add the following
10 definition:
11 Scheduled Medical Transport Vehicle shall mean any motor vehicle
12 operated exclusively by its owner, or employee of such owner, as
13 a passenger carver for hire over the public streets of the city other
14 than a public transit bus, taxicab, luxury limousine, paratransit
15 vehicle, courtesy vehicle, airport shuttle, or airport transit
16 service. The motor vehicle shall be designed for seven (7)
17 passengers or more, including the driver. Vehicles shall be clearly
18 marked with the company name, address, telephone number,
19 and type of service provided.
20 Section 2. LRC § 34-4, Definitions - special paratransit vehicle and luxury
21 limousine, shall be amended to read as follows:
22 Special paratransit vehicle shall mean any motor vehicle operated
23 exclusively by its owner, or employee of such owner, as a
24 passenger carrier for hire over the public streets of the city, other
25 than a public transit bus, taxicab, luxury limousine, courtesy
26 vehicle, airport shuttle, or scheduled medical transport vehicle.
27 The motor vehicle shall be designed for seven (7) passengers or
28 more, including the driver, except when such vehicle has been
29 modified to meet the accessibility standards of the Americans
30 with Disabilities Act of 1990. Vehicles shall be clearly marked
31 with the company name, address, telephone number, and type of
32 service provided.
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I Luxury limousine shall mean any of the following unmarked,
2 large, and luxurious passenger vehicles driven by a chauffeur and
3 being of a class and condition commonly associated with luxury
4 markets:
5 (a) Luxury sedan-type motor vehicle having a
6 wheelbase of not less than one hundred twenty five
7 (125) inches and having a partition between the
8 driver and passenger compartment.
9 (b) Luxury sedan -type motor vehicle having a
10 wheelbase of not less than one hundred ten (110)
11 inches and designed for five or more passengers
12 including the driver.
13 (c) Customized luxury full size van-type motor vehicle
14 having a wheelbase of not less than one hundred
15 twenty five (125) inches, luxury interior, and luxury
16 seating for seven or more passengers including the
17 driver.
18 Section 3. LRC § 34-61, Specialized Transportation, Permit - Required,
19 shall be amended to read as follows:
20 See. 34.61. Permit -Require&
21 It shall be unlawful for any person to operate a luxury limousine,
22 courtesy vehicle, special paratransit vehicle, scheduled medical
23 transport vehicle, or airport shuttle service in the city without a
24 current permit. This permit shall be in addition to any licenses
25 which may be required by airport, state and federal laws and
26 regulations. Such vehicles shall be licensed by the state of
27 Arkansas as "vehicles for hire." This permit shall be in
28 addition to any "Business License" or "Privilege License"
29 otherwise required by the city.
30 Section 4. LRC § 34-62 (b), Specialized Transportation, Same - Issuance,
31 fee, number, shall be amended to read as follows:
32 Sec. 34-62. Same - Issuance, fee, na n*ff.
33 (b) The annual fee for such city permit, except a courtesy
34 vehicle permit, shall be payable in advance and shall be
35 one hundred fifty dollars ($150.00) plus twenty five dollars
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1 ($25.00) for each vehicle used in the business. The
2 permittee shall provide to the administrator a complete list
3 of vehicles used for its service and shall promptly notify
4 the administrator of any vehicles added to or removed
5 from service. The fleet size of any specialized
6 transportation service, except courtesy vehicle service,
7 shall be a minimum of two vehicles and shall have a
S maximum of ten (10) vehicles. No additional vehicles
9 may be added to the fleet of any specialized transportation
10 permit holder, except courtesy vehicle service, without the
11 approval of the administrator and the board of directors.
12 Specialized transportation permit holders shall submit a
13 written request to the administrator for additional permits
14 above the maximum. Upon approval, the administrator
15 will present the request for additional vehicles to the
16 board of directors. The board of directors will review each
17 request and either approve or disapprove the request.
18 Smdon 5. LRC § 34-62, Specialized Transportation, Same - Issuance, fee,
19 number, shall be amended to add the following Section 34-62 (d):
20 Sec. 34-62. Same - Issuance, fee, m n ber, ieaspectiovs.
21 (d) Inspections.
22 (1) The operator shall inspect vehicles once a week for
23 compliance with all pertinent provisions of this article and
24 rules and regulations promulgated pursuant hereto. The
25 driver of the vehicle shall inspect his or her vehicle on a
26 daily basis for compliance with all pertinent provisions of
27 this article and rules and regulations promulgated pursuant
28 hereto.
29 (2) It shall be the duty of the administrator to cause to be
30 inspected each and every vehicle for which a permit has
31 been issued at least once each year, or at any other time
32 that the administrator deems advisable. Such inspection
33 shall be made to determine that a vehicle is in a reasonably
34 good state of repair, is clean, and that the vehicle is
35 equipped and is being operated in compliance with all
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1 requirements of this article. Such inspection shall be made
2 at a place designated by the administrator. The
3 administrator shall cause the record of such inspection to
4 be reduced to writing and a permanent record made
5 thereof. Such record shall be kept for a period of at least
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three (3) years.
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(3)
If the inspection reveals that any such vehicle is not in a
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reasonably good operating condition, from the standpoint
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of the safety, health and comfort of passengers, the vehicle
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shall be ordered out of service until such time as remedial
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repairs and corrections have been made. Such vehicle shall
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be reinspected to determine whether or not proper repairs
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and corrections have been made. In no case shall the
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vehicle be permitted to resume its operation until such
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repairs and corrections have been made and an inspection
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has been conducted.
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(4)
Such inspection shall include, but not be limited to, the
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following items: vehicle number; date of purchase; foot
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brakes; emergency brake; head lamps; tail lamps; license
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plate lights; dome light; horn; windshield wipers; rearview
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mirror; all glasses; cleanliness; safety; condition of paint;
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inspection stickers; signs; fumes; state license plates;
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speedometer readings; mileage; steering; tires; muffler and
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tail pipe; condition of the body of the vehicle, fenders, and
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paint
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(5)
Failure to submit a vehicle requested for inspection upon
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ten (10) days written notice by the administrator to do so
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shall be cause for the suspension of the permit assigned to
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that vehicle for a period of three (3) days for the first
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offense, fifteen (15) days for the second offense, and re-
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vocation upon the third offense. This paragraph is subject
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to the notice and hearing provisions of subsection 34-70
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and the appeal provisions of section 34-71 of this chapter.
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(6)
A vehicle involved in an accident shall be inspected by the
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administrator within thirty (30) days after notification of
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I the accident. if the administrator's inspection reveals that
2 the vehicle has been damaged and has failed to be repaired
3 to an extent that it is not in a reasonably good operating
4 condition from the standpoint of the safety, health and
5 comfort of passengers, the vehicle shall be ordered out of
6 service until the administrator has authorized the return of
7 the vehicle to operation, which authorization shall not be
8 given until proper repairs or corrections have been made.
9 Section 6. LRC § 34-61, Specialized Transportation, Permit - Required,
10 shall be amended to add the following Section 34-72:
11 Sec. 34-72. Scheduled Medical Transport Seavice.
12 (a) Scheduled medical transport service shall mean the business of
13 providing for -hire passenger transportation services to special client
14 groups, primarily the elderly and disabled, between places of residence
15 and medical providers. Services shall be provided through reservation
16 service, subscription service, or contract arrangement. An operator of
17 such service shall acquire and operate scheduled medical transport
18 vehicles as defined in this article.
19 (b) Scheduled medical transport service operators may collect a fare based
20 on either mileage or a per passenger flat rate. Scheduled medical
21 transport service fares shall be approved by the administrator and may
22 be revised from time to time to permit a fair, just and reasonable return
23 to the owner. The owner may enter into fixed rate, fixed term contracts
24 negotiated between any third party or parties, provided that such
25 contracts have a tern of not less than ninety (90) days. The contract
26 shall be for the provision of transportation on a per passenger flat rate
27 basis and shall be filed with the administrator as a matter of record.
28 Section 7. Pursuant to the provisions of LRC § 34 -6(c), the Board of
29 Directors hereby delegate to the Airport Commission the authority to conduct such
30 hearings as may be necessary under the Transportation Code for actions occurring at
31 the Little Rock National Airport involving taxicabs.
32 Section fl. Repealer. All ordinances, resolutions, laws or policies, or parts of
33 any such material, in conflict with the provisions of this ordinance are hereby
34 repealed to the extent of such inconsistency.
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Section 9. Severability. In the event any section, subsection, subdivision,
paragraph, subparagraph, item, sentence, clause, phrase, or word of this ordinance is
declared or adjudged to be invalid or unconstitutional, such declaration or
adjudication shall not affect the remaining provisions of this ordinance, as if such
invalid or unconstitutional provision was not originally a part of this ordinance.
Section 10. Emergency Muse. Since the City's Transportation Code was
intended to be a comprehensive codification of ordinances dealing with for -hire
transportation within the City of Little Rock, Arkansas, and such regulation is
essential to protect the public health, safety and welfare, an emergency is declared to
exist and this ordinance shall be in full force and effect from and after the date of this
adoption.
PASSED: March 20, 2001
ATTEST:
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19 A Wood City Cier&
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22 APPROVED AS TO LEGAL FORM:
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26 Thomm M. Center, City Ate torney
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APPROVED:
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