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13613 ORDINANCE NO. 13,613 TAXICAB ORDINANCE AN ORDINANCE REPEALING SECTIONS 23-2. 6 ; 23-2. 7 AND 23-2. 8 OF THE LITTLE ROCK CODE OF ORDINANCES; AND AMENDING 23-1 , 23-2, AND 23-2. 9 OF THE LITTLE ROCK CODE OF ORDINANCES ; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS . SECTION 1 . That the Little Rock Code of Ordinances , Section 23-2. 6 , 23-2. 7 and 23-2. 8 are hereby repealed . SECTION 2. That Section 23-1 of the Code of Ordinances of the City of Little Rock, Arkansas , is hereby amended to read as follows : DEFINITIONS ( a) Certificate . The term "certificate" means a certificate of public convenience and necessity issued by the Board of Directors authorizing the holder thereof to conduct a taxicab business in the City of Little Rock. The certificates are to be issued for a period not to excceed one year . ( b) City . The term "City" shall mean the City of Little Rock. ( c) Compan . Wherever used in this chapter , the term "company" shall be deemed to include any person, association , ownership, corporation , or other organization owning or operating or proposing to operate any taxicab. (d ) Holder . The term "holder" means a person to whom a certificate of public convenience and necessity has been issued . ( e ) 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 destination for each passenger transported . ( f ) 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 . 1 . (g ) Rate Chart . The term "rate chart" means a card prepared by the City of Little Rock to be displayed in each taxicab reflecting the rates of far then enforced . (h) Shall . The term "shall" is mandatory, not directory. ( i ) 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 . ( j ) Taxicab Driver ' s Permit . The term "taxicab driver' s permit" means permission granted by the City of Little Rock to a person to drive a taxicab upon the streets of the City of Little Rock. The permits are to be issued for a specific term not to exceed one year . ( k ) Taxi Zone . The term "taxi zone" shall mean that curb space along the public streets of the City of Little Rock designated by the Director of Traffic for the exclusive parking of taxicabs by the proper placement of signs or markers reading "NO PARKING - TAXI ZONE . " ( 1) 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 a person who has engaged such taxicab. SECTION 3 . That Section 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 granting or denying certificates of convenience and drivers ' permits . ( b) The City Manager shall have the following functions with regard to recommendations for taxicab certificates and permits : 1 . To hold hearings prior to recommendations for granting of certificates and permits . 2 . To hear charges which may result in the suspension or revocation of any permit or certificate . 2 . 3 . To hear any of hwi fildit'tr!; which require approval under this ordinance . 4 . To conduct public hearings on any matter relating to the taxicab industry. 5 . To review and make recommendations to the City Board of Directors on proposed ordinances and resolutions seeking to amend this ordinance . 6 . The City Manager shall make recommendations to the Little Rock Board of Directors on the granting, period of time , denial , suspension , revocation or other matters after a hearing on the certificate . The City Board of Directors shall make the final determination on any recommendations from the City Manager . ( c) All hearings before the City Manager shall be administrative in nature , and the City Manager shall not be required to comply with the rules of evidence as applied in court trials . ( d) The City Manager may adopt rules and regulations in order to conduct its business . II . CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY . ( a) REQUIRED No person shall operate or permit a taxicab owned, leased or controlled by him or her 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 Little Rock Board of Directors . ( b) Application for Certificate - Requirement for Notice of Hearing. No later than ten days after receipt of an application or a certificate of convenience , an application must be filed for such with the City Manager. After such application is filed complete with all information and data required herein, the City Manager shall cause to be published in one ( 1 ) of the daily newspapers a notice of such hearing . Such notice shall state that a public hearing will be held at a designated place at a designated time and date . Such notice shall give the name of the applicant , the name of the business under which the applicant proposes to operate , and any other pertinent data that the City Manager may deem necessary. ( c) It shall be unlawful for any person to operate or cause to be operated in the City of Little Rock any motor vehicle transporting persons for compensation unless a certificate of public convenience and necessity has been issued to the owner thereof . 3. III . GENERAL PROVISIONS . Before any certificate of public convenience and necessity required by this ordinance is issued for the operation of a taxicab, the owner shall meet with the following provisions : ( a) Every person operating any taxicab within the City shall either maintain a fixed place of business or location, to be approved by the City Manager, and except when carrying passengers , answering calls, going to and from officially designated taxicab stands , or attending to lawful business of the owner other than the carrying of passengers for hire, every taxicab shall be kept off the streets of the City; provided , that they may occupy officially designated taxicab stands as provided ' under this ordinance ; or, if the owner does not have a fixed business location, he or she shall be required to maintain a mobile phone in the vehicle. In addition such person must use his or her home address as their place of business for service of process and other legal matters . ( b) Each owner is required to notify the City of Little Rock and the City Manager immediately upon change of business address . Failure to so notify is grounds for immediate revocation of such certificate. ( c) 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 . 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 , a hearing will be called to determine if the certificate should be revoked or suspended . ( d) Every taxicab operating on the streets , alleys and public ways of the City of Little Rock shall at all times meet all safety standards required by state and federal law. The City Manager is authorized to establish additional regulations with respect to equipment and maintenance and any other operating rules as appropriate . (e) Insurance . Before any taxicab franchise is issued for the operation of a taxicab, the owner, shall file with the City of Little Rock and the Commission a copy of the policy of insurance issued by some good and solvent incorporated insurance company licensed to do business in the State of Arkansas , covering separately , or in a schedule attached to such • 4 . . policy , each taxicab to hu operated under the direction of such owner . Such owner is required 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 Arkansas Statute Annotated Section 75-1488 . Each insurance company and owner is required to notify the City upon lapse or cancelation of any such policy. Upon the lapse of such policy, the certificate granted to such owner is automatically revoked as of 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. ( 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 he at least one and three quarters ( 1 3/4 ) inches in height . Both the number and name of the company shall be permanently affixed to 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 Certificate . No certificate granted under this ordinance may be sold , assigned , transferred , leased or mortgaged. ( h ) Application and Fees . Applications for certificates as required by this article shall be filed with the City Manager. Such applications shall set forth the name and address of the applicant , the trade name under which the applicant does or proposes to do business , where proposed stands in garages are to be located , number of vehicles applicant desires to operate , the design and color of each vehicle , and the lettering and marks to be used thereon . The application shall be accompanied by the fee as required by the license and privilege tax . Such fee will be a $150 base charge plus a $15 per • vehicle charge . ( i) Criteria . The City Manager at its hearing shall take into consideration many factors . Such factors are: 1 . Financial responsibity of applicant . 2 . Moral character. 3 . Number of vehicles to be operated . I 5 . 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 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 certificate shall remain in effect . 13 . Any other factors that the Commission may deem relevant . IV. TAXICAB DRIVER' S PERMIT. ( a) Nd. 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 then have in force a taxicab driver ' s permit issued under provisions of this ordinance . The permit will be issued for one year. ( b) Qualifications . No permit shall be granted unless the applicant has a chauffeur-for-hire license under Arkansas traffic laws . It shall he the duty of each driver to be clean and neat in appearance while in the custody of a taxicab. ( c) Application . Any person desiring a permit shall , under oath , apply in writing to the City Manager . 1 . Information Required . The applicant shall give his or her age and home address , shall state whether he 6 . or she has ever been convicted of violating any City ordinance , state or federal law, and, if so, shall furnish a detailed statement of such convictions , including the charge , date , place and disposition. The Police Department shall conduct a nationwide search of criminal records for all applicants . 2 . Medical Certificate . A qualified physician shall examine the applicant and certify on a form provided by the Bureau that he or she is physically sound and has good eyesight or has corrected eyesight . 3 . Fingerprints . For its records, the Police Department will take fingerprints of each applicant . 4 . Photographs . Each applicant shall file with the Commission two photographs not more than one year old , size 2 1/2 inches by 2 3/4 inches . 5 . Issuance of Permit . When the application is approved, the City Manager shall issue to the applicant a permit in card form designed by the City Manager . The photograph of the driver shall be attached to the card . Each driver will be given a permit number which will he on such permit . 6 . Fee . A fee of $25 shall be paid to the City of Little Rock at the time the original application is filed. 7 . Acknowledgement on Application Applicant shall acknowledge in the application that he understands that the permit, if granted, will he for a specific period of time not to exceed one year and that no rights or privileges extend past the term of the permits . • ( d) Investigation; Not to Issue to Certain Persons . Before issuing a permit under this division , the City Manager shall investigate the facts set out in the application and shall not grant such permit to any person who, in the 7 . opinion of the City Manager. , after investigation, is not physically or morally fit to drive or operate a taxicab in the City . (e) Bars to Issuance . A 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 permit if the conviction occurred more than five ( 5) years prior to the date of application, or upon recommendation of the Commission, if the conviction occurred more than three (3 ) years from the date of application for a permit . 3 . Any felony in the commission of which a motor vehicle is used . 4 . Failure to stop and render aid as required under the laws of this state , or leaving the scene of an accident as specified by the laws of this state . 5 . Perjury or false swearing in making any statement under oath in connection with the application for a 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 application 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 paraphernalia , 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 8 . • taxicabs on the streets of Little Rock to solicit any person or persons in a passenger zone in awaiting transportation by any bus operated by the Authority of the City of Little Rock . VI . EMERGENCY REVOCATION. The City Manager has the power to automatically revoke a permit or a franchise in the case of an emergency without a hearing. He also has the power to obtain an injunction prior to a hearing in the event of an emergency. VII . USE OF SCANNERS PROHIBITED; MONITORING OF OTHER COMPANIES ' CALLS PROHIBITED. The use of scanners and the monitoring of other companies ' calls is prohibited . VIII . FAILURE TO OPERATE. The failure of any company to operate for any period of ninety ( 90) consecutive days shall result in revocation of the license , excepting in cases of suspension by the Board of Directors . IX. GROUNDS FOR REVOCATION OR SUSPENSION OF PERMIT. The City Manager may hold a hearing to revoke or suspend a driver' s permit or company certificate , and recommend to the Board of Directors to take such action for: ( a ) Violation of any provision of this ordinance . ( b) Violation of any criminal laws of the City of Little Rock, State of Arkansas or laws of the United States . 1 . Notice . Prior to any suspension or revocation , it shall be the duty of the City Manager to notify in writing the person holding the permit and his or her company of the grounds upon which the proposed revocation suspension is predicated . The notice shall be mailed to the last known address of the holder of the permit as it appears in the files of the City . The notice shall state the time and place for hearing at which the permit holder may present any defense that he or she may have to the proposed revocation or suspension of the permit . The notice shall further advise the holder of the permit that failure to appear may result in the revocation or suspension of the permit . 2 . Appeal . Any person whose driver' s permit has been recommended to be revoked or suspended by 9 . the City Manager may ask the Board of Directors to reverse such decision. In the event the Board of Directors determines that the permit should be revoked or suspended, the person may file with the Circuit Court in writing an appeal of the charges made . Such appeal must be filed within ten days from the date that the revocation or suspension is given. 3 . Certificate Suspension and Revocations . In addition to the grounds for revocation or suspension of a driver' s permit , a certificate may also be suspended by the Board of Directors if the holder thereof has had excessive complaints registered regarding the operation of a taxicab company; has violated any provisions of this article; has discontinued operations for more than twenty ( 20 ) days . Prior to suspension or revocation, the holder shall be given fourteen days notice of a hearing to show cause why such action should not be taken. X. SEVERABILITY . The sections, paragraphs , sentences , clauses and phrases of this chapter of this ordinance are severable , and if any phrase, clause, sentence , paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, that unconstitutionality shall not affect any of the remaining phrases, clauses , sentences, paragraphs or sections of this chapter, since they would have been enacted without the incorporation in this ordinance of the unconstitutional phrase , clause , sentence, paragraph, or section. SECTIdN 4 . That Section 23-2.9 of the Code of Ordinances of the City of Little Rock, Arkansas is hereby amended to provide that the minimum fine is $25 and the maximum fine is $250. SECTION 5 . Unless reestablished by the Board of Directors of the City of Little Rock, Arkansas , by the adoption of an ordinance providing for the reestablishment of this ordinance , this ordinance shall terminate and be without further effect March 1, 1980 . SECTION 6 . Nothing in this ordinance shall prevent the Little Rock Airport Commission or the Advertising and Promotion Commission, subject to approval of the Board of Directors , from promulgating rates and regulations governing the operation of taxies and limousines within their respective jurisdictions . 10 . SECTION 7 . Every person , firm or corporation now licensed to operate and operating taxicabs in the City of Little Rock under a certificate of convenience shall be entitled to continue such operation until March 1, 1980 , but only for that number of taxicabs for which permits have been paid to the City Collector as of March 7 , 1979 . Such persons, firms or corporations are subject to all other provisions of this Ordinance . SECTION 8 . DECLARING AN EMERGENCY. Because there is a need to provide the citizens 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. The same shall be in full force and effect from the date of passage . PASSED: March 7, 1979 LL ATTEST: APPROVED: 0. 0)/. (`y City •C1erk Mayor / ■ 11 .