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12868ko 0 �r 0 0 00 rn M r-{ 0 M 0 .. c M O r-1 -H %.0 4J U r--I Ul s~ co I Ln �i o M U r-I M .. o "T H 0, O M a) r� d• S4 M %W 00 •� La M N ri Ol r-i O l- •o La M H M M H r-1 •="--W ro P a) ( O U r-I s~ � >� Ada) •ri U bb Z root Z . ri Q) a) ro Q) cn O J ORDINANCE NO 12,868 AN ORDINANCE REPEALING ARTICLES I AND II OF CHAPTER 23 OF THE CODE OF ORDINANCES PERTAINING TO THE OPERATION OF MOTOR VEHICLES FOR HIRE, FARES, ZONES AND RELATED MATTERS AND SUBSTITUTING IN LIEU THEREOF A NEW ARTICLE I AND II PERTAINING TO THE SAME SUBJECT MATTER; AND FOR OTHER PURPOSES BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. Articles I and II of Chapter 23 of the Code of Ordinances pertaining to the operation of motor vehicles for hire, fares, zones and other provisions related thereto is hereby repealed and the following Articles I and II pertaining to the same subject matter is enacted in lieu thereof: ARTICLE I. OPERATION OF TAXICABS SECTION 23 -1 Definitions. A. Taxicab. The term taxicab as herein employed means a motor driven vehicle having seating capacity not in excess of seven (7) passengers and used for the transportation of persons for hire and not operated over defined routes. B. Company. Wherever used in this chapter the term company shall be deemed to include any person, association, partnership, corporation, or other organization owning or operating or pro- posing to operate any taxicab. C. Operator. The term operator shall mean the individual driving or manipulating a vehicle as a taxicab whether as owner or agent or employee of owner. D. Certificate. The term certificate means a certificate of public convenience and necessity issued by the Board of Dir- ectors authorizing the holder thereof to conduct a taxicab business in the City of Little Rock. E. Holder. The term holder means a person to whom a cer- tificate of public convenience and necessity has been issued. F. Manifest. The term manifest shall be held to mean a daily record prepared by the operator or company of all trips made by each taxicab showing the time and place of origin and desti- nation and the amount of fare for each passenger transported. G. Rate Chart. The term rate chart means a card approved by the City of Little Rock to be displayed in each taxicab re- flecting the rates of fare then in force. H. Taxicab Driver's Permit. The term taxicab driver's permit means the permission granted by the City of Little Rock to a person to drive a taxicab upon the streets of the City of Little Rock. I. Waiting Time. The term waiting time means the time when a taxicab is not in motion and not engaged by a passenger and the time consumed while standing at the direction of a passenger or person who has engaged such taxicab. J. Taxi Zone. The term taxi zone shall mean that curb space along the public streets of the City of Little Rock desig- nated by the Director of Traffic for the exclusive parking of taxicabs by the proper placement of signs or markers reading "NO PARKING - TAXI ZONE." Section 23 -2. Certificate of Public Convenience and Necessity Required. 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 of Little Rock without having first obtained a certificate of public convenience and necessity from the Board of Directors. B. Application for Certificate. An application for a cer- tificate shall be filed with the Traffic Director upon forms provided by the City of Little Rock; and said application shall be verified under oath and shall furnish the following information: 1. The name and address of the applicant, including the name and address of all officers and stock- holders of the company, if incorporated, and the name of the person to whom complaints should be directed. 2. The experience of the applicant including all officers and stockholders of the company, if incorporated, in the transportation of passengers. -2- 3. Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate. 4. The number of vehicles to be available for operation or controlled by the applicant and the location of proposed depots and terminals. 5. The color scheme or insignia to be used to desig- nate the vehicle or vehicles of the applicant. 6. It shall be the responsibility of the taxicab com- pany to keep all the above information current. C. Public Hearing. Upon the filing of an application, the City Clerk shall fix a time and place for a public hearing thereon. Notice of such hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been heretofore issued. Any interested person may file with the City Clerk a memorandum in support of or opposition to the issuance of a certificate. D. Transfer of Certificates. No certificate of public convenience and necessity may be sold, assigned, mortgaged or otherwise transferred without the consent of the Board of Dir- ectors. E. Suspension and Revocation of Certificates. A certificate issued under the provisions of this Article may be revoked or suspended by the Board of Directors if the holder thereof: 1. Has had excessive complaints registered regarding the operation of the taxicab company; 2. Has violated any of the provisions of this Article; 3. Has discontinued operations for more than twenty (20) days; 4. Has violated any ordinances of the City of Little Rock, or the laws of the United States or the State of Arkansas, the violations of which reflect un- favorably on the fitness of the holder to offer public transportation; -3- 5. Prior to suspension or revocation, the holder shall be given fourteen (14) days notice of a hearing to show cause why such action should not be taken. Section 23 -2.1. General Rules of Operation. No taxicab shall be operated by any person other than the owner of such vehicle or his duly licensed authorized employee. No operator shall drive any taxicab with more than two passengers (excluding the operator) in the front seat of such taxicab. An operator shall, when operating a taxicab,give his full time and attention to the operation of same. No taxicab shall be operated unless the proper licenses therefor have been obtained. The operation of taxicabs shall be conducted in accordance with the laws of the State of Arkansas and the ordinances of the City of Little Rock and with due respect for the safety, comfort and con- venience of passengers, and for the safe and careful transportation of property of passengers and the safety of the general public; and all reasonable efforts shall be made to promote such safety at all times and under all conditions. It shall be unlawful for the operator of any taxicab to permit any other person to occupy or ride in the taxicab when the same is occupied by a fare - paying passenger or by members of the party of the fare - paying passenger, without the consent of such fare - paying passenger. Additional passengers shall be charged only the rates established and posted on the rate chart. No taxicab shall be operated at a rate of speed greater than that fixed by proper authority or without proper regard for the conditions of traffic and of the highways; or in such manner or condition as to endanger the safety of passengers, pedestrians, vehicles, or the property of others. Section 23 -2.2. Manifests. Every company shall maintain a daily manifest upon which is recorded all trips made by each taxicab, showing the time and place of origin and destination of each trip and amount of fare for each aC passenger. The form for the manifest shall be approved by the Traffic Director. Section 23 -2.3. Taxicab Service. All persons engaged in the taxicab business in the City of Little Rock shall maintain a central place of business for the purpose of receiving calls and dispatching cabs. They 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 ser- vices 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 provide the best quality taxicab services shall be deemed to have failed to satisfy the public convenience or neces- sity requirements of the Certificate issued to such holder. Any holder failing to provide the services herein set forth may, following a notice to show cause at a hearing to be held by the Board of Directors, have his certificate to operate cancelled and revoked by the Board of Directors. Section 23 -2.4. Stopping, standing, etc; Regulated. When a taxi zone is occupied by the full number of the vehicles authorized for such zone, no vehicle shall loiter or wait nearby for the purpose of occupying space in such zone. No pri- vate vehicle shall at any time occupy any taxi zone. The driver of a bus or taxicab shall not stand or park upon any street in any business district at any place other than at a bus stop, or taxi zone, respectively, except that this provision shall not prevent the driver of any such taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in loading or unloading passenters. No taxicab shall be placed in or shall occupy a taxi zone except for the purpose of being held forth for hire. -5- Taxicabs shall be placed in taxi zones only at the rear (approach) end and shall be moved toward and to the front of zones immediately if space is available or when space becomes available by the de- parture or movement of preceding taxicabs. Nothing contained herein shall prohibit a taxicab from leaving a taxi zone regard- less of the position or place of the taxicab in such zone. Section 23 -2.5. Loading or Unloading Passengers. No driver of any taxicab shall stop to load or unload any passenger while situated in an intersection or crosswalk, or in such manner as to interfere with the orderly flow of traffic. Every driver of a taxicab parked in a taxi zone shall be at all times within five feet of his vehicle. All operators of taxicabs shall in the use of the public streets give careful attention to the rights and needs of the public generally using such streets at the same time. Operators of taxicabs shall not receive or discharge passen- gers in the street, but shall pull up to the sidewalk, or in the absence of a sidewalk, to the extreme right side of the street, except on one -way streets, and there receive or discharge passen- gers. Double parking for the purpose of loading or unloading passengers is prohibited. No taxicab operated within the City shall engage in cruising for the purpose of picking up passengers. When a passenger is discharged, the taxicab shall proceed to the nearest taxi zone, provided, however, that the driver of a taxicab so returning may park same on any of the streets in the residential sections of the city. Nothing herein shall be construed as prohibiting a driver of a taxicab from taking on a passenger while enroute to the nearest taxi zone. Section 23 -2.6. 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 controls 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 have then in force a taxicab driver's permit issued under the provisions of this ordinance. B. The form of the permit shall be approved by the Traffic Director and shall include the following information: 1. Name, age, address 2. State of Arkansas Chauffeur License Number 3. Employer 4. Photograph 5. Taxicab Driver Permit Number Permit forms shall be provided by the taxicab company. A copy of all issued permits shall be on file in the office of the Traffic Director. The Traffic Director shall be responsible for approving individual Taxi- cab Driver's permits. Permits shall be renewed annually. C. Display of Permit. Every permitee under this ordinance shall post his driver's permit in such a place as to be in full view of all passengers while such driver is operating a taxicab, subject to the approval of the Traffic Director. D. Suspension and Revocation of Permit. The Director of Traffic is hereby given the authority to suspend any driver's permit issued under this ordinance for a driver's failure or refusing to comply with the provisions of this ordinance, such suspension to last for a period of not more than ten (10) days. The Traffic Director is also given authority to revoke any driver's permit for failure to comply with the provisions of this ordinance. However, a permit may not be suspended or revoked unless the driver has received seven (7) days notice and has had an opportunity to .present evidence in his behalf. E. Failure to comply with City, State and Federal Laws. Every driver licensed under this ordinance shall comply with all City, State and Federal laws. Section 23 -2.7. Certificates Automatically Issued for Taxicabs Currently in Operation - Limitation on Number of Taxicabs Each person, firm or corporation now licensed to operate and MM operating taxicabs in the City of Little Rock shall be entitled to a Certificate to continue such operation, but for only the number of taxicabs for which permits have been paid to the City Collector as of the effective date of this ordinance, except as hereinafter provided. Section 23 -2.8. Bus stops; unlawful to Solicit or Take Passengers From. It shall be unlawful for any person, firm or corporation licen- sed or authorized to drive or operate a taxicab or taxicabs on the streets of Little Rock to solicit or take as a passenger any person or persons in a passenger zone and awaiting transportation by any bus operated by authority of the City of Little Rock. Section 23 -2.9. Penalty for Violations. Any person, firm or corporation violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and upon con- viction thereof, shall be fined in any sum not less than two ($2.00) dollars nor more than one hundred ($100.00) dollars, except where another or different fine is prescribed for the violation of some specific section hereof. ARTICLE :II.. FARES, ZONES AND INCREASE OF NUMBER OF TAXICABS. Section 23 -3. Zones and Rate Schedule Chart to be Displayed. Each taxicab shall display a zone map, a chart of zone rates, and if metered, shall display meter rates, and there shall be dis- played 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 under- standable schedule of rates as fixed by the Board of Directors. The card shall be identical in all respects with that approved by the Traffic Director and an approved card shall be on display in the office of the Traffic Director. The responsibility for display of a rate chart in each and every taxicab shall lay with the company. There shall be displayed on both sides of the vehicle, in such a manner as to be seen from the exterior of each 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 Traffic Director and on display in the office of the Traffic Director. No signs or other matter shall be affixed to the windshield or windows except such as may be WE authorized by the Traffic Director or other public authorities. Section 23 -3.1. Zone Rates. The zone fares for taxicab service in the City of Little Rock shall not exceed sixty (60�) cents for taxicab service within the first zone, nor thirty (30�) cents within and between each of the zones in addition to the first zone, all as described and defined in the plat of such zones attached hereto and made a part hereof, except as hereinafter provided. Said plat shall be maintained in the office of the City Clerk and a certified copy of same shall be kept on file in the office of the City Collector. The zones on said plat which are indicated by yellow colo- ration shall carry a sixty (60�) cents minimum charge for trips originating in said zone. The zones on said plat which are indi- cated by red coloration shall carry a seventy -five (75�) cent minimum charge for trips originating in said zone. The zones on said plat which are indicated by blue coloration shall carry a one ($1.00) dollar minimum charge for trips originating in said zone. Provided, however, that if the total fare for taxicab service for trips originating in yellow, red or blue zones as are indicated on said plat, including the minimum charge appli- cable thereto, shall exceed the sum of one dollar and fifty ($1.50) cents, then the minimum charge shall be eliminated and the charge to the passenger shall be at the rate of thirty (30�) cents per zone without regard to the place or origin of the trip. Section 23 -3.2. Same - Receipt for Fare; Additional Charges. 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 said fare, the date thereof, and the signature of the person to whom the fare is paid. An additional charge of twenty -five cents (25�) may be made for each passenger who is more than seven (7) years of age and who is a member of a business or social group on a joint mission with the person paying the fare. A charge of twenty -five (25C) may be made for the dismissal of a taxicab which has responded to a telephone call. A charge of twenty -five (25�) cents may be made for each four minutes of waiting time the vehicle for hire is required to make at the request of a passenger. No additional charge shall be required for baggage. Section 23 -3.3. Same - Application for Additional Taxicabs; Hearing. The holder of a valid certificate to operate and operating taxicabs in the city may file with the Traffic Director an appli- cation for an increase in the number of taxicabs operated by such holder, which application shall set forth: 1. That 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 public hearing on the appli- cation shall be conducted by the Board of Directors or any committee designated by the Board. All persons interested in or affected by such application 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. Section 23 -3.4. Same - Increase by ordinance or resolution; Judicial Review of Necessity. After such hearing, the Board of Directors shall determine whether public convenience and necessity require additional ser- vice of the class and character described in such application, and, if the Board of Directors finds that the public convenience and necessity require additional service, it shall by appropriate ordi- nance or resolution, authorize applicant to put into operation additional taxicabs in any number not to exceed the number requested in the application; provided, however, that the Board of Directors -10- and the City Collector shall not issue permits for additional taxicabs until after ten days (10) from the effective date of such ordinance or resolution to provide for judicial review of the finding of the Board of Directors as to convenience and neces- sity for the additional service. Section 23 -3.5. Taxicab fares - Election as to Zone or Meter Rates Each person, firm or corporation licensed or authorized to drive or operate a taxicab or taxicabs on the streets of the City may elect whether to adopt a meter rate or a zone rate. Section 23 -3.6. Same - Meter rates; Inspection of meters; direct route. The following minimum and maximum rates shall apply to metered taxicabs operating in the city: A. Minimum rates for metered taxicabs: 1. Twenty -five (250 cents for the first mile or fraction thereof; 2. Five cents (5�) for each additional half mile, or fraction thereof; B. Maximum rates for metered taxicabs: 1. Forty -five (45�) cents for the first nine - tenths (9/10) of a mile or fraction thereof; 2. Ten (10�) cents for each additional half mile or fraction thereof. C. No such person, firm, or corporation electing to adopt a meter rate shall drive or operate a taxicab unless the meter in such taxicab has been inspected by an appropriate employee of the city within thirty -five (35) days preceding the date of such driving or operating of such taxicab. In computing the meter rate or fare to be charged for taxi- cab service, charge shall be made on the most direct route from the point at which the passenger began the journey to the point of destination of said passenger. Section 23 -3.7. Same - Special Events Fare. Taxicabs are authorized to charge a "Special Event" fare per person when transporting passengers from the hotels, restaurants and commercial establishments in the commercial district (bounded -11- by Interstate Highway 30, the Arkansas River, High Street and 12th Street) to War Memorial Stadium, Barton Colliseum, Arkansas Livestock Show Grounds, or Ray Winder Field to attend regularly scheduled events. When the vehicle is available only for "Special Event" hire, a sign shall be prominently displayed indicating the destination and the fare per person, and the operator shall have the privilege of waiting not more than five (5) minutes in an attempt to obtain a full load. The fare shall be seventy -five (75�) cents per person to the Stock Show Grounds from the West Roosevelt and Asher area as far west as Asher and Fairpark and seventy -five (75�) cents per person west of Fairpark and south of Asher to the present city limits. When a load of three (3) or more persons cannot be obtained, the taxicab driver may elect to rescind his "Special Event" status and charge the regular rates. The same procedure may be followed when transporting pas- sengers from the regularly scheduled events at the above named places to the hotels, restaurants and commercial establishments in the above described commercial districts. Section 23 -3.8. Same - Trips originating at Airport. Meter and zone rates shall not apply to trips originating at the Little Rock Municipal Airport and terminating at points within Zone One (1) in the City of Little Rock. The rate for such trips shall be as follows: One and 50/100 ($1.50) dollars for one passenger and fifty cents for each additional passenger. Section 23 -3.9. Same - Penalty for Violations. Any person, firm or corporation who violates the provisions of this Article II shall be guilty of a misdemeanor and on con- viction shall be fined in any sum not less than twenty -five ($25.00) dollars nor more than two hundred and fifty ($250.00) dollars and imprisoned for not less than five days nor more than thirty days. In the event there is a continuing violation of this Article II each day that said taxicab is driven or operated in violation thereof shall constitute a separate offense. -12- SECTION 2. This Ordinance shall be in full force and effect from and after its passage. PASSED: November 20, 1973 ATTEST: - e APPROVED: City Clerk Mayor -13- e SECTION 2. This Ordinance shall be in full force and effect from and after its passage. PASSED: November 20, 1973 ATTEST: - e APPROVED: City Clerk Mayor -13-