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13798 r f ORDINANCE NO 13,798 AN ORDINANCE REPEALING §§ 23-1(a) , 23-2.1, 23-2.2, 23-2.9, 23-3.5 AND 23-3.6; AND ' . a PING ALL SECTIONS OF THE CODE OF ORDINANCES, §§ 23-2, 23-2.3, 23-3, 23-3.1, 23-3.2, 23-3.3, 23-3.8 AND 23-3.9 OF THE LITTLE ROCK CODE OF ORDINANCES; AND DECLARING AN D me ENCY. (TAXICAB ORDINANCE) BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. That the Little Rock Code of Ordinances, §§ 23-1(a) , 23-2.1, 23-2.2, 23-2.9, 23-3.5 and 23-3.6 are hereby repealed. SECTION 2. That all Sections of the Code of Ordinances of the City of Little Rock, Arkansas , are amended to substitute the words "taxicab permit" for the words "Certificate" or "Certificate of Public Convenience and Necessity." SECTION 3. That §23-2 of the Code of Ordinances of the City of Little Rock, Arkansas , is hereby amended to read as follows: I. Authority of the City Manager's Office. (a) The City Manager or a designated agent shall have jurisdiction over the recommendations for grant- ing or denying taxicab permits . (b) Rules and regulations with respect to regulating the industry and conducting business shall be developed and utilized in all matters. Such rules and regulations will deal with, but shall not be limited to, the operation and maintenance of taxicabs, safety equipment, the keeping of a mani- fest, the providing of services, the loading and unloading of passengers , and the holding of hear- ings. II. Taxicab permit (a) Required. No person shall operate or permit a taxi- cab owned, leased or controlled by him or her to be operated as a vehicle for hire upon the streets of Little Rock without having first obtained a taxicab permit. The taxicab permit shall be issued for a one-year period. (b) It is hereby declared to be a violation of this article for a person to display a sign reading "Taxi," "Taxicab" or anything similar, if such person is not licensed under this ordinance. (c) Application for A Taxicab Permit. No later than ten (10) days after receipt of an application for a Taxi- cab Permit, the City Manager or the designated agent shall take action on such application. III . General Provisions . Before any taxicab permit is issued for operation of a taxicab, the owner shill meet with the following provisions : (a) Every person operating more than one taxicab within the City shall maintain a fixed place of business to be approved by the City Manager. All persons not having a fixed place of business shall use their home address as their place of business for service of process and other legal matters . (b) Each owner is required to notify the City Manager ' s Office immediately upon change of business address . Failure to so notify is grounds for immediate revocation of such taxicab permit . (c) Each taxicab operating on the streets , alleys , and public ways of the City of Little Rock shall at all times meet with all safety standards required by State and Federal law. • (d) No taxicab shall be operated on or over the streets , alleys , or public ways of the City of Little Rock until inspected and approved by the City Manager, showing that such taxicab complies with the provisions of this ordinance (Articles I and II) . Such approval shall be registered with the City of Little Rock . The City Manager or designated representative is authorized to make spot inspections of such vehicles at any time as may be desired. In the event that any taxicab operated on or over the streets of Little Rock does not comply with the provisions of this ordinance (Articles I and II) , a hearing will be called to determine if the taxi- cab permit should be revoked or suspended. (e) Insurance . Before any taxicab permit is issued for the operation of such cab , the owner shall file with the City Manager or designated agent a copy of a policy of insurance issued by some good and solvent incorporated insurance company licensed to (10 business in the State of Arkansas , covering separately , or on a schedule attached to such policy , each taxicab to be operated under the direction of such owner. Such owner is re- quired to maintain a policy in accordance with Arkansas law. The monetary amounts required by the City of Little Rock will be $100 , 000/$250 , 000 . This section does not apply to any company that qualifies as a self- insurer under the provisions of Ark . Stat . Ann. Section 75- 1488 . Each insurance company and owner is required to notify the City upon lapse or cancellation of such policy. Upon the lapse of such policy , the taxicab permit granted to such owner is automatically revoked as the date the insurance ceases to be in effect ; and it will thereafter be unlawful to operate such taxicab upon the streets , public ways , or alleys of the City of Little Rock . Each owner will have the option as allowed under Ark . Stat . Ann. Section 75- 203 to post a bond in lieu of insurance . (f) Identification . The City Manager shall allocate a sequence of numbers to each company and operator for the purpose of identifying all cabs . From that sequence , a company shall allocate a number to each of its vehicles . This number shall be at least five (5) inches in height ; letters of the company name shall be at least one and three-quarters (1 3/4 ) inches in height . Both the number and name of Cie company shall be permanently affixed to - 2 - the taxicab , in contrasting colors , so long as the vehicle is part of a company fleet . Each independently owned cab vehicle must state that it is an independently operated taxicab. (g) Transfer of Taxicab Permit . No taxicab permit granted under this section may be sold , assigned, transferred, leased, or mortgaged. (h) Application and Iees . Application for taxicab permits shall be filed with the City Manager or designated agent . The application shall contain information as required and shall be accompanied by a fee as required by the license and privilege tax. Such fee will be a one hundred and fifty dollar ($150 . 00) base charge plus a fifteen dollar ($15 . 00) per vehicle charge. (i) Criteria. The City Manager or agent at its hearing shall take into consideration many factors . Such factors are : (1) Financial responsibility of applicant . (2) Moral character. (3) Number of vehicles to be operated. (4) Make , model , type and ownership of vehicle or vehicles to be used. (5) Color scheme to be used. (6) Effect of additional vehicles upon the traffic congestion, vehicular and pedestrian alike . (7) Whether taxes have been paid when due . (8) Whether the applicant proposes to own , rent or lease some other vehicles to be used in operating such service . (9) Total number of taxicab permits in operation . (10) Whether the requirements of public convenience and necessity can be met and complied with only by the issuance of additional permits . (11 ) The resulting effect upon the business of existing permit holders and upon existing agencies of mass transportation in the City. (12) The stipulation that the applicant will operate and continue to operate during the bona fide time that the taxicab permit shall remain in effect . (13) Any other factors deemed relevant . IV. Taxicab Driver' s Permit . (a) No person shall operate a taxicab for hire upon the streets of Little Rock , and no person who owns or con- trols a taxicab shall permit it to be so driven at any time for hire , unless the driver of said taxicab shall have first obtained and shall then have in force a taxicab driver ' s permit issued under provisions of this section. The taxicab driver' s permit will be issued for one year. - 3- (b) Qualifications . No taxicab driver ' s permit shall be granted unless the applicant has a chauffeur- for-hire license under Arkansas traCC.ic laws . It shall be the duty of each driver to he clean and neat in appearance while in the custody of the taxicab . (c) Application. Any person desiring a taxicab driver' s permit shall , under oath , apply in writing to the City Manager or a designated agent . Such application shall be developed by the City Manager or the designated agent and shall include , but not be limited to , the age , name , and address of the applicant . (1) Photographs . Each applicant shall file with the City Manager or agent two (2) photographs not more than one year old , size two and one-half inches (2 1/2") by two and three- fourth inches (2 3/4") . (2) It is the responsibility of the individual driver and not the taxicab company to file the photograph with the application .. (3) When the application is approved , a taxicab driver ' s permit shall be issued in card form designed by the agent or City Manager. The photo- graph of the driver shall be attached to the card. Each driver will be given a taxicab driver ' s permit number which will be on such permit . (4) Fee . A fee of five dollars ($5 . 00) shall be paid to the City of Little Rock at the time the original application is filed . (5) Acknowledgement of application . The applicant shall acknowledge with any application that he or she understands that the taxicab driver ' s permit , if granted, will be for a specific period of time not to exceed one year' and that no rights or pri- vileges extend past the term of the permit . (d) Investigation . The City Manager or the designated agent shall develop rules and regulations with respect to the investigation and issuance of a taxicab driver ' s permit . Certain criteria shall be used in order to determine if a person is physically or morally fit to . drive or operate a taxicab in the City of Little Rock . (e) Bars to Issuance . A taxicab driver ' s permit shall not be issued if the applicant has been convicted of: (1) Manslaughter, or negligent homicide , resulting from the operation of a motor vehicle . (2) Driving a motor vehicle while under the influence of intoxicating liquor or drugs . For purpose of this section a nolo contendere shall be considered a conviction . However, any conviction under this subsection shall not be a bar to issuance of a taxicab driver ' s permit if the conviction occurred more than five (5) years prior to the date of application , or upon recommendation of the City Manager, if the conviction occurred more than three (3) years from the date of application for a taxicab driver ' s permit . (3) Any felony in the commission of which a motor vehicle was used. -4 - u.:..u.n..-. .. ,mow .. . ... (4) Failure to stop and render aid as required under the laws of this State , or leaving the scene of • an accident NS specified by the I .iws of th i s State . (5) Perjury or false swearing in making any statement under oath in connection with the application for a taxicab driver ' s permit . (6) Any law involving violence , theft or any form of stealing , or any crime involving moral turpitude that is reasonably related to the permit , within five (5) years preceding the filing of the appli - cation for this permit . (7) Possession by a driver within the taxicab of beer, whiskey or wine , or drugs or other stimulants not specifically prescribed for the driver , or of lottery tickets , gambling equipment or parapher- nalia , stolen goods or any contraband property of any kind. V. Unlawful to Solicit or Take Passengers from Bus Stops . It shall be unlawful for any person, firm or corporation licensed or authorized to drive or operate a taxicab or taxicabs on the streets of Little Rock to solicit any person or persons in a passenger zone awaiting transportation by any bus operated by the City of Little Rock. VI . Use of Scanner Prohibited; Monitoring of Other Companies Calls Prohibited . The use of scanners and the monitoring of other companies ' calls is hereby prohibited. VII . Emergency Revocation; Grounds for Revocation or Suspension of Permit . The City Manager or designated agent has the power to automatically revoke a taxicab permit or driver ' s permit in the case of an emergency. He or she also has the power to obtain an injunction in the event of such emergency. The City Manager or designated agent shall hold hearings to revoke or suspend a driver ' s permit and to recommend the revocation or suspension of a taxicab permit to the Board of Directors . Such action may be taken for ,but shall not be limited to , violation of rules and regulation as developed by the City Manager or designated agent , violations of ordinances , criminal laws of the State of Arkansas , or the laws of the United States . SECTION 4. That Section 23-2 . 3 of the Code of Ordinances of the City of Little Rock, Arkansas is hereby amended to read as follows : All persons engaged in the taxicab business in the City of Rock shall answer all calls received by them for services inside the corporate limits of Little Rock 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 said call can be answered and give the reason therefor . Any holder who refuses to accept a call anywhere in the corporate limits at any time the holder has available taxicabs or fails or refuses to pro- vide the best quality taxicab service shall be deemed to have failed to satisfy the public convenience or necessity requirements of the taxicab permit issued to such holder. Any holder failing to provide the services herein set forth may be required to appear before the City Manager or designated agent to show cause why such permit should not be revoked or suspended. SECTION 5. That Section 23-3 of the Code of Ordinances of the City of Little Rock, Arkansas is hereby amended to read as follows : Zones and Rate Schedule Chart to be Displayed. Each taxicab shall display a zone map, a chart of zone rates , and there shall be displayed in a suitable frame in the passenger compartment of each taxicab in such a position as to be in front of and clearly visible to passengers, a card on which shall be shown a legible and understandable schedule of rates as fixed by the Board of Directors. The card shall be identical in all respects with that approved by the City Manager or a designated agent and an approved card shall be available in the office of the City Manager or designated agent. The responsibility for display of a rate chart in each and every taxicab shall lay with the company, or in the event of an individual cab company with that individual. There shall be displayed on both sides of the vehicle, in such a manner as to be seen from the exterior of such taxicab, signs giving a description of the rates required by the Board of Directors. The said signs are to be identical in all respects with those approved by the City Manager or designated agent. No signs or other matters shall be affixed to the windshield or windows except such as may be authorized by the City Manager or designated agent. Zone rates shall be used exclusively by all taxicabs. SECTION 6. That Section 23-3 . 1 of the Code of Ordinances of the City of Little Rock, Arkansas is hereby amended to read as follows : (a) Zone fares for taxicab service in the City of Little Rock shall not exceed one dollar ($1 . 00) . (b) Zone fares for taxicab service shall not exceed sixty cents ($0 . 60) within and between each of the zones in addition to the first zone. SECTION 7 . That Section 23-3 . 2 of the Code of Ordinances of the City of Little Rock, Arkansas is hereby amended to read as follows: Any person, firm, or corporation accepting a fare for taxicab service in the City shall give to the person paying the fare, upon request, a receipt evidencing the payment of such fare, the date thereof, and the signature of the person to whom the fare is paid. -6- An additional charge of twenty- five cents ($ . 25) may he made for each passenger who is more than seven (7) years of age and who is the member of a business or social group on a joint mission with the person paying the fare . A charge of twenty - five cents ($ . 25) may be made for the dis - missal of a taxicab which has responded to a telephone call . A charge of $1 . 00 may be made for each portion of 10 minutes of . waiting time the vehicle for hire is required to make at the request of the passenger . A maximum charge of $6. 00 an hour shall be in effect . No additional charge shall be required for baggage . SECTION 8 . That Section 23- 3. 3 of the Code of Ordinances of the City of Little Rock , Arkansas is hereby amended to read as follows : The holder of a valid taxicab permit to operate and operating taxicabs in the City may file with the City Manager or designated agent an application for an increase in the number of taxicabs operated by such holder, which application shall set forth : (1) That the applicant is in compliance with the statutes of • the State of Arkansas , the ordinances , rules and regulations of the City of Little Rock pertaining to the operation of taxicabs . (2) The number of taxicabs operated by applicant . (3) The number of additional taxicabs requested by applicant . (4) The facts which constitute public convenience and necessity justifying the additional service . Upon the filing of such application, a hearing on the appli- cation shall be conducted by the City Manager or designated agent . All persons interested in Or affected by such appli- cation may appear in person or by representatives at such hearing and introduce evidence and be heard in support of or in opposition to such application. The City Manager or designated agent shall make a recommendation to the Board of Directors on the application . SECTION 9. That Section 23- 3. 8 of the Code of Ordinances of the City of Little Rock, Arkansas is hereby amended to read as follows : Rates for trips originating at Little Rock Municipal Airport shall be as follows : Regular zone rate for first passenger and one dollar ($1 . 00) for each additional passenger. This rate shall not apply to trips terminating at the Little Rock Municipal Airport. SECTION 10 . That Section 23- 3. 9 of the Code of Ordinances of the City of Little Rock, Arkansas is hereby amended to read as follows : Any person, firm, or corporation violating any of the provisions of the Taxicab Ordinance shall be deemed guilty of a misdemeanor , and upon conviction thereof, shall be fined in any sum not less than twenty- five dollars ($25 . 00) nor more than two hundred and fifty dollars ($250 . 00) , except where another or different fine is prescribed for the violation of some specific section hereof. A second violation within a twelve-month period shall result in a minimum fine of not less than $ 75 . 00 . Each subsequent violation within a twelve-month period would be an additional fine of not less than $ 75. 00 . -7- SECTION 11. Severability. The subsections , paragraphs, sentences, clauses and phrases of the Taxicab Ordinance are severable, and if any phrase, clause, sentence, paragraph or subsection of the Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, that unconstitutionality shall not effect any of the remaining phrases, clauses, sentences, paragraphs or subsections of the Ordinance since they would have been enacted without the incorporation in the Ordinance of the unconstitutional phrase, clause, sentence, paragraph, or subsection. SECTION 12. Declaring an Emergency. Because there is need to provide the citizens of the City of Little Rock with adequate taxicab service, and the previous Ordinance did not meet the needs of the citizens and because this Ordinance will alleviate those problems, an emergency is declared to exist. This Ordinance is found to be necessary for the public peace, health and safety of the public. This Ordinance shall be in full force and effect on March 1, 1980. PASSED: February 27 , 1980 ATTEST: (t;41,q,e, (1,;(,,a4// APPROVED: /� City Clerk Mayor 1 1 1 A 7 1 1 i 1 -8- 4