6972VA
ORDINANCE No. 69L2
AN ORDINANCE FOR THE REGULATION AND TAXATION OF CERTAIN COMMON
CARRIERS ON THE STREETS OF LITTLE ROCK, ARKANSAS, REPEALING CER-
TAIN ORDINANCES, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF LITTLE ROCK, ARKANSAS:
SECTION 1. It shall be unlawful for the owner or operator
of any motor - driven vehicle to use or permit the use of such
vehicle on the streets of Little Rook, Arkansas as a common
carrier without first obtaining a license therefor from the
City Council of the City of Little Rook, and conforming to the
ordinances of the City of Little Rook, Arkansas in all respects.
The term "common carrier" as used in this ordinance shall
include only the business of operating motor - driven vehicles an-'
gaged in or held out as engaged in:
(1) Transporting persons or property for hire in taxi-
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cabs over the streets of the City of Little Rook, Arkansas= and
or
(2) Transporting persons or property for hire over a
regular route and upon a regular sohedule of operations from
points within the City limits of the City of Little Rook to
points within a radius of five miles beyond such corporate limits,
with or without occasional trips of ten miles beyond such corporate i
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limits; and /or
(3) Transporting persons or property for hire between
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fixed points in the City of Little Rook and not operating on a
fixed route. i
The term' "taxi cab" as used in this ordinance shall mean
and refer only to motor- driven vehicles having a seating eapaeity
not In excess of seven persons rand used for the transportation of
persons for hire. j
SECTION 2. Any person or persons or, corporation desiring to
engage in the business mentioned in Section 1 of this Ordinanee
shall file an application for a permit therefor with the OitjF
Collector, in which the applicant shall set forth:
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(1) The type of motor vehicle or vehicles proposed to be
operated by such applicant.
(2) The fares to be charged for the servioee
(3) And, if operating to points without the city on a fixed
route, the proposed schedule of trips to and from the city.
Before the City Collector shall accept the application the
applicant shall pay to the City Collector the sus of Thirty Dollars
($30.00) as a prepayment of any fees herein provided for in the
event the license is granted but to be returned to the applicant
if the license is not granted.
SECTION 39 Upon the filing of such application and the making
of the deposit herein provided for, the City Collector shall cause
to be given to each and every person and corporation heretofore
licensed to engage in the business provided for in Section 1 of
this ordinance a due and reasonable notice in writing in which
shall be set forth the time and place of a hearing which shall
be conducted by the City Council or any Committee designated by
the Council of all persons interested in or affected by such
applications. All persons interested in or affected by such
application, including all persons and corporations heretofore
licensed shall have the right either in person or by representa-
tives of their own choosing to be present at such hearing and to
introduce evidence and to be heard either in support of or in
opposition to such application.
After such hearing the City Council shall find whether the
public convenience and necessity require additional service of
1-1 the class or character described in such application and if the
City Council finds that the public convenience and necessity re-
q%i.re the service proposed, it shall pass a resolution or ordi-
nanoe evidencing that fact, and shall order a license to be
issued by the City Collector to the applicant; and in such re-
solution or ordinance, the Council is authorised in its discre-
tion to limit the type of service the applicant shall be permitted
to furnish.
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The finding of the City Council as to the convenience and
necessity for the additional service of the type or character
described in any such application shall-be subject to judicial
review.
SECTION 4. In considering whether the public convenience
and necessity require the operation proposed by the applicant
and in passing on the fitness of the applicant to operate the
proposed service, due weight shall be given to:
(1) The probable permanence and quality of services offer-
ed by the applicant.
(2) The financial ability and responsibility of the appli-
cant.
(S) The character of vehicles to be used; and the character
and location of depots and terminals.
(4) The applicants experience in similar operations.
(5) The adequacy of existing service between the points
proposed in the application.
SECTION 59 In issuing the license mentioned in Section 1
of this ordinance, the City Council is authorized to fix a
time within which the applicant must begin operation and the
Council is authorized to provide for a loss of such privilege
In the event of failure to begin operations by the time speci-
fied. The City Council is further authorized, in those cases
involving operations beyond the city over fixed routes, to fix
the route and the termini the applicant may use.
SECTION 6. No permit shall be issued to any person, firm
or corporation to operate or permit the operation of any motor
driven vehicle engaged in the business of or operated as a
common carrier over the streets of the City of Little Hook,
until sn d unless there has been furnished to the city cleric an
insurance policy written by some approved insurance company,
Insuring persons and property including persons and property
being transported against lose or injury from the negligent or
otherwise faulty operation of said vehicle. Said policy shall
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be in the minimum amount of Five Thousand Dollars or for loss
to any one person from any one accident, with a minimum amount
of Ten Thousand Dollars liability t o.all persons from any one
accident. The cancellation or termination or termination for
any cause of such insurance shall automatically revoke any
license that may have been issued for the operation of such a
vehicle as a carrier of persons or property for hire.
SECTION 79 No license to operate as a common carrier on
the streets of Little Rook shall be assigned by the licensee
without first obtaining the consent of the City Council, which
consent shall be granted or denied solely on the fitness and
qualifications of the proposed assignee to furnish the service
authorised.
SECTION 8. For each motor vehicle licensed to operate
hereunder, the licensee shall pay the City a license fee of
Five Dollars per month per vehicle, payable in advance with
no license issued for less than a six months period, provided,
however, that any licenses that have heretefore 'been issued
which purport to license any operations through any of the
ensuing months are hereby validated through the period for
which they were originally issued; and the vehicle for which
said license fees were paid shall be permitted to operate for
said period without paying any additional license fee.
SECTION 9. Any licensee hereunder engaged in the business
described in Section 1 of this ordinance shall keep in good re-
pair and in a clean and sanitary condition any and all motor
vehicles which he operates. The City Collector is authorised
to inspect each of said vehicles at any time that he may deem
expedient; and for such inspection service the licensee shall
pay the City the sum of One Dollar per each inspection. Each
of said vehicles shall be inspected at least once every three
months.
SECTION 10. Any person or persons who shall operate any
motor vehicle in the business described in` Section 1 of this
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ordinance without having obtained a license therefor, as herein
provided, or who shall continue to operate any such vehicle after
his license has been revoked, shall. be guilty of a misdemeanor
and on conviction shall be fined in a sum not less than Fifty
Dollars ($50.00) nor more than Five Hundred Dollars ( ;500.00),
and each day that the operation continues shall constitute a
separate offense,
SECTION 11. The City Council is hereby authorised to re-
yoke or cancel any license issued under this ordinance, said
license shall be revoked or cancelled only after a hearing be-
fore the City Council or any committee designated by the City
Council of which due notice shall be given to all persons auth-
orised to conduct the type of operation mentioned in Section 1
of this ordinance and said license shall be revoked or c,anoelled
only for cause. Cause as used in this Section shall include vio-
lation of any of the provisions of this ordinance, violations of
any of the provisions of the permit and failure to furnish reason -
Ably safe moryi.00 to th♦ geaeral,publ o,
SECTION 12. Section 1, 2, 3, 4, 5, 6, 8, 9, and 10 of Ordl-
nonce 5990 of the ordinances of the City of Little Rook and Ordi-
nano* No. 6886 of the Ordinances of the City of Little Rook are
hereby repealed.
• SECTION 13* all permits heretofore granted to common carriers
as hereinbef ore defined under the authority of Ordinance No. 5990,
as amended, and other- Council action are hereby recognised and oon-
firmed and validated in the holders of same.
SECTION 14. .Because the City has at the present time no
adequate means of regulating the operation of motor vehicles
operating as common carriers over the streets of Little Rock,
and because of the lack of an effective means of regulation,
such operations have congested the highways and streets and
created a peril to the persons and property of the City of Little
Rook, and because this ordinance will give a needed regulation,
an emergency is hereby declared to exist and this ordinance is
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found to be necessary for the protection of the public peace,
health and safety, and the same shall be in full force and ef-
fect from and after its passage.
PASSED: __ AAl►xil S. 1946
APPROVED:�'`��
ayor
ATTESTS
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