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repealed .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 .
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(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 .
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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 .
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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
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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 .
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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
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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 .
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( 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
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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
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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
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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
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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 .
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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 /
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