HomeMy WebLinkAbout22159 1 ORDINANCE NO. 22,159
2
3 AN ORDINANCE TO AMEND LITTLE ROCK, ARK., REV. CODE §34-1
4 TO §34-14 (1988); TO AMEND THE LITTLE ROCK TRANSPORTATION
5 CODE; TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
6
7 WHEREAS,the Little Rock Transportation Code, which is codified at Little Rock, Ark.,Rev. Code §
8 34-1 to§34-141 (1988),governs Transportation Franchises of Vehicles for Hire within the corporate limits
9 of the City of Little Rock; and,
10 WHEREAS, the City has been approached by Greater Little Rock Transportation Service, LLC,
11 regarding proposed changes to the City's Transportation Code, which would allow the ability of Taxicab
12 Services to operate similarly to Transportation Network Companies while maintaining most of the
13 distinctiveness of a Taxicab Service with the traditional payment methods and the ability to call-for-service;
14 and,
15 WHEREAS,there is now a desire to amend the Transportation Code accordingly.
16 NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
17 OF LITTLE ROCK,ARKANSAS:
18 Section 1. Little Rock,Ark., Rev. Code §34-4(1988), Definitions, Independent Taxicab Operator, is
19 hereby amended to delete this definition as follows:
20 Independent Taxicab Operator shall mean a person permitted by the City to operate a
21 single taxicab.
22 Section 2. Little Rock, Ark., Rev. Code § 34-4 (1988), Definitions, Independent Taxicab Operator
23 Permit, is hereby amended to delete this definition as follows:
24 Independent Taxicab Operator Permit shall mean the permit granted by the City before
25 April 1, 1983,to an Operator to operate a Taxicab Servicer employing a single taxicab.
26 Section 3. Little Rock, Ark., Rev. Code § 34-4 (1988), Definitions, Manifest, is hereby amended to
27 read as follows:
28 Manifest shall mean a daily record of all trips made by such driver's taxicab showing the
29 time and place of origin of a call,time the call was dispatched and to what driver,and when
30 possible,the address at which the passenger was dropped off
31 Section 4. Little Rock, Ark., Rev. Code § 34-4 (1988), Definitions, Taxicab, is hereby amended to
32 read as follows:
33 Taxicab shall mean motor-driven vehicles clearly marked as such, equipped with a
34 taximeter and having a seating capacity not in excess of eight(8)passengers, including the
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1 driver,and used for the transportation of persons for hire. A taxicab shall be four(4)model
2 years old, or newer, when initially placed into service and shall be removed from service
3 at the end of its tenth model year. Taxicabs modified to meet the requirements of the
4 Americans with Disabilities Act of 1990 (ADA), as amended may include motor vehicles
5 designed for fifteen (15) passengers or less, including the driver. Such a vehicle so
6 modified shall not have a seating capacity in excess of eight(8) passengers, including the
7 driver. Unless the context otherwise requires, as used in this Chapter, the term "taxicab"
8 shall be deemed to include taxicabs, livery vehicles, premium taxicabs and all other
9 demand-response vehicles not otherwise regulated by this Chapter, provided that this
10 definition does not apply to Emergency Medical Health Vehicles.
11 Section 5. Little Rock, Ark., Rev. Code § 34-4 (1988), Definitions, Top Light, is hereby amended to
12 read as follows:
13 Top Light shall mean an instrument or an accessory to be optionally attached to the outside
14 top of a duly licensed taxicab and at a midpoint between the front doors and not more than
15 thirty(30) inches to the rear of the topmost part of the windshield.
16 Section 6. Little Rock, Ark., Rev. Code § 34-4 (1988), Definitions, Trip Sheet, is hereby amended to
17 delete this definition as follows:
18 Trip Sheet shall mean a written directive on company stationery directing the driver of a
19 Pre-Arranged Ground Transportation Service Vehicle to pick up a passenger at a
20 predetermined location at a certain time.
21 Section 7. Little Rock, Ark., Rev. Code § 34-6 (1988), Operation of Vehicles for Hire on airport
22 property, is hereby amended to add the following Subsection (f):
23 (0 The Airport Commission shall have the authority to adopt and promulgate rules and
24 regulations regarding Vehicles for Hire operating on airport property,provided that the
25 rules and regulations are consistent with applicable law and the terms of this Chapter.
26 The Airport Commission is required to enforce said rules and regulations and shall
27 provide the rules and regulations to the City Manager,or the City Manager's designee.
28 Section 8. Chapter 34 of Little Rock, Ark., Rev. Code is hereby amended to add a new Section 34-8,
29 Rules and Regulations, as follows:
30 Sec.34-8—Rules and Regulations.
31 The City Manager, or the City Manager's designee, may adopt and promulgate rules and
32 regulations in connection with the clear marking of taxicabs, trip sheets, vehicle
33 inspections, annual fees for Ground Transportation Service Vehicles and Courtesy
34 Vehicles, Section 34-38 (d)(5)and Section 34-38(d)(6)of this Chapter:
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1 Such rules and regulations shall not be inconsistent with applicable law or the provisions
2 of this Chapter.
3 Section 9. Little Rock, Ark., Rev. Code § 34-19 (1988), General Rules of Operation, Subsection (f),
4 is hereby amended to read as follows:
5 (f) With respect to Taxicab Operators, Livery Vehicle Operators and Premium Taxicab
6 Operators, such place of business shall be open for a minimum of twenty-four (24)
7 hours a day, seven (7) days a week. Each Ground Transportation Service Operator
8 shall provide and keep current with the Administrator,the address, telephone number
9 and internet, e-mail or other digital access information, for use by the City.
10 Section 10. Little Rock, Ark., Rev. Code § 34-20 (1988), Insurance, Subsection (b), Certificate of
11 Insurance, is hereby amended to read as follows:
12 (b) Certificate of Insurance. The Liability Insurance Coverage shall be evidence by a
13 current Certificate of Insurance covering each vehicle permitted pursuant to this
14 Chapter filed annually with the Administrator or Designated Agent. A Fleet Certificate
15 is acceptable for all fleets operating two(2)more vehicles.
16 Section 11. Little Rock, Ark., Rev. Code § 34-38 (1988), Authority of Director and Administrator;
17 Operator's and Driver's Permits;Prerequisites;General Prohibition;Grounds for Suspension or Revocation
18 of Permit, Subsection(b)(5), Permits, is hereby amended to read as follows:
19 (5) Permits. Ground Transportation Service Vehicle Permits and Courtesy Vehicle
20 Service Permits valid between January 1"and December 31St of any year shall be issued
21 by the City upon approval after the applicant has filed an application for the permit and
22 has shown that the operation of the Ground Transportation Service or Courtesy Vehicle
23 Service will comply with this article and with all applicable laws, regulations and
24 ordinances. The fleet size of any Ground Transportation Service, except Courtesy
25 Vehicle Service, shall be a minimum of two(2)vehicles. No additional vehicles may
26 be added to the fleet of any Ground Transportation Service Permit holder, except
27 Courtesy Vehicle Service, without the approval of the Administrator. Ground
28 Transportation Service Permit holders shall submit a written request to the
29 Administrator for additional permits above the number of Vehicle Permits approved in
30 the initial or renewal application. Upon approval of additional Taxicab Permits by the
31 Administrator,the Administrator will present the request for additional taxicabs to the
32 Board of Directors. The Board of Directors will review each request and either approve
33 or disapprove the request. No request for additional permits will be unreasonably
34 denied.
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1 Section 12. Little Rock, Ark., Rev. Code § 34-38 (1988), Authority of Director and Administrator;
2 Operator's and Driver's Permits; Prerequisites;General Prohibition;Grounds for Suspension or Revocation
3 of Permit, Subsection(c)(5), [Vehicle inspection, approval], is hereby amended to read as follows:
4 (5) [Vehicle Inspection, Approval.] The Administrator is authorized to make spot
5 inspections of Ground Transportation Service Vehicles. The Operator shall present the
6 requested vehicle(s)at the place named by the Administrator. If the inspection reveals
7 that any such vehicle is not in a reasonably good operating condition, from the
8 standpoint of the safety, health and comfort of passengers,the vehicle shall be ordered
9 out of service until such time as remedial repairs and corrections have been made. Such
10 vehicle shall be reinspected to determine whether or not proper repairs and corrections
11 have been made. In no case shall the vehicle be permitted to resume its operation until
12 such repairs and corrections have been made and an inspection has been conducted.
13 Section 13. Little Rock, Ark., Rev. Code § 34-38 (1988), Authority of Director and Administrator;
14 Operator's and Driver's Permits;Prerequisites;General Prohibition;grounds for Suspension or Revocation
15 of Permit, Subsection(c)(7), Inspections, is hereby amended to read as follows:
16 (7) Inspection. The Operator shall inspect Ground Transportation Service Vehicles once a
17 week for compliance with all pertinent provisions of this Chapter and rules and
18 regulations promulgated pursuant hereto. The driver of the vehicle shall inspect his or
19 her vehicle on a daily basis for compliance with all pertinent provisions of this Chapter
20 and rules and regulations promulgated pursuant hereto.
21 Section 14. Little Rock, Ark., Rev. Code § 34-38 (1988), Authority of Director and Administrator;
22 Operator's and Driver's Permits;Prerequisites;General Prohibition;Grounds for Suspension or Revocation
23 of Permit, Subsection(c)(9)b., is hereby amended to read as follows:
24 (b) Both the number and name of the Operator shall be affixed to taxicabs in contrasting
25 colors. This number shall be at least three(3) inches in height; letters of the Operator
26 name shall be at least 1-3/4 inches in height. Livery Vehicles and premium taxicabs
27 shall not be required to display the information required by this Subsection.
28 Section 15. Little Rock, Ark., Rev. Code § 34-38 (1988), Authority of Director and Administrator;
29 Operator's and Driver's Permits;Prerequisites;General Prohibition;Grounds for Suspension or Revocation
30 of Permit, Subsection(c)(10),Applications and Fees, is hereby amended to read as follows:
31 (10)Applications and Fees.
32 (a) Applications for Operator Permits shall be filed with the Administrator. The
33 application shall contain information as required. The annual fee for existing
34 Ground Transportation Operator Permits shall be Five Hundred Dollars
35 ($500.00). For new Operator Permit applications,a nonrefundable One Hundred
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1 Dollar($100.00)application fee shall accompany the application. Upon approval
2 by the Administrator of the new Operator Permit application, the new Operator
3 Permit applicant shall submit an additional Four Hundred Dollars ($400.00) to
4 the Administrator before a permit may be issued.
5 (b) No vehicle used by a permitted Operator for any purpose for less than two (2)
6 weeks is subject to this Chapter. The Ground Transportation Service Operator
7 shall notify the Director in writing of any such vehicle used by the Operator.
8 Section 16. Little Rock, Ark., Rev. Code § 34-38 (1988), Authority of Director and Administrator;
9 Operator's and Driver's Permits;Prerequisites;General Prohibition;Grounds for Suspension or Revocation
10 of Permit, Subsection(c)(11), Criteria, is hereby amended to read as follows:
11 (11) Criteria. If no Transportation Network Companies are operating within the City, at
12 the hearing on the application, such factors as the following shall be taken into
13 consideration:
14 (a) Financial responsibility and stability of the applicant;
15 (b) Moral character of the applicant;
16 (c) Number of vehicles to be operated;
17 (d) Make, model,type and ownership of the vehicles to be used;
18 (e) Color scheme to be used;
19 (0 Whether taxes have been paid when due;
20 (g) Whether the applicant proposes to own,rent or lease additional vehicles to be used
21 in operating such service;
22 (h) Total number of vehicles in operation;
23 (i) Whether the applicant will operate, and continue to operate, during the time that
24 the Operator Permit shall remain in effect.
25 Section 17. Little Rock, Ark., Rev. Code § 34-38 (1988), Authority of Director and Administrator;
26 Operator's and Driver's Permits;Prerequisites;General Prohibition;Grounds for Suspension or Revocation
27 of Permit, Subsection(c)(12)b., is hereby amended to read as follows:
28 (b) The Administrator shall provide written authorization for a Fleet Operator to use an
29 additional business name, from the primary name listed on the application for permits,
30 if the Operator provides proof that all personnel,drivers,and persons working with the
31 business listed in the Fleet Operator Permit have available to them forms that shall be
32 immediately provided to any person who requests information about the company,and
33 which set forth:
34 1. The name of the company;
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1 2. The name and address of the agent for service of process,or if there is no
2 agent for service of process, the name and address of the person(s)
3 authorized to accept service of process for the company;
4 3. The address,telephone number,telefacsimile number and,if available,the
5 e-mail address of the company; and
6 4. The name of the person(s) to whom a complaint, allegation of loss or
7 injury, or statement of condemnation, can be directed.
8 Section 18. Little Rock, Ark., Rev. Code § 34-38 (1988), Authority of Director and Administrator;
9 Operator's and Driver's Permits;Prerequisites;General Prohibition;Grounds for Suspension or Revocation
10 of Permit, Subsection(c)(13), Existing Vehicles, is hereby to delete this Subsection.
11 Section 19. Little Rock, Ark., Rev. Code § 34-38 (1988), Authority of Director and Administrator;
12 Operator's and Driver's Permits;Prerequisites;General Prohibition;Grounds for Suspension or Revocation
13 of Permit,Subsection(d),Renewal;delinquent permits;penalty;or,or change in terms of Operator Permit,
14 is hereby amended to read as follows:
15 (c) Renewal; delinquent permits, penalty or change in terms of Operator Permit.
16 (1) Operator and Vehicle Permit Fees shall be paid on the basis of the calendar
17 year of January 1 s`through December 31', and all such Permit Fees shall
18 be payable on January I'for the ensuing year.
19 a. If the Permit Fees provided for in this article are not paid within
20 thirty (30) days after such becomes annually due, it is hereby
21 declared as delinquent and a penalty of 10% will be added to the
22 total outstanding balance;
23 b. In the event the Permit Fees are not paid within sixty(60)days,an
24 additional 10% penalty will be added to the total outstanding
25 balance;
26 c. In the event the permit fees are not paid within ninety(90)days,an
27 additional 30% penalty will be added to the total outstanding
28 balance.
29 (2) Operators shall apply for renewal of their permits at least sixty (60) days
30 before expiration of their permits. Permits shall be issued for a period of
31 one(1)-year. The Administrator shall send reminder notices for renewal of
32 Operator's Permits to all permitted operators ninety (90) days before the
33 expiration of the permit.
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1 (3) An Operator desiring a change in the terms or conditions of the permit must
2 file with the Administrator at least sixty(60)days before the permit expires
3 a written request stating reasons for the requested changes.
4 (4) If the Administrator determines that a denial of an Operator Permit renewal
5 is appropriate, the Operator can appeal this decision to the Board of
6 Directors.
7 (5) If the permit expires through no fault of the holder before a ruling on the
8 approval or denial of the renewal, the holder may continue to operate
9 pending a final decision. The holder shall cease operation of the Ground
10 Transportation Service immediately upon denial of the request for renewal
1 1 by the Board of Directors.
12 (6) Schedule of Delinquent Permit Fees.
13 a. Operator Permit
Day Balance Percentage Penalty Amount Amount Due
31 S'day $500.00 10 % $50.00 $550.00
61 S'Day $550.00 l0% $55.00 $605.00
91 "day $605.00 20% $121.00 $726.00
14
15 b. Vehicle Permit
Day Balance Percentage Penalty Amount Amount Due
31 'da) $50.00 10 % $5.00 $55.00
'
61 st Day $55.00 10 % $5.50 $60.50
91 St day $60.00 20 % $12.00 $72.00
16
17 Section 20. Little Rock, Ark., Rev. Code § 34-38 (1988), Authority of Director and Administrator;
18 Operator's and Driver's Permits;Prerequisites;General Prohibition;Grounds for Suspension or Revocation
19 of Permit, Subsection(e)(3)e, Acknowledgement of Application, is hereby amended to read as follows:
20 (e) Acknowledgement of Application. The applicant shall acknowledge with any
21 application that he understands that the Driver's Permit, if granted,will be for two
22 (2)years from the date of issuance and that no rights or privileges extend past the
23 time designated in the permit.
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1 1. Except in the case of Temporary Permits, a Driver's Permit will expire
2 after two(2)years.
3 2. If a permittee's State Driver's License is suspended or revoked by the
4 State, his Driver's Permit automatically becomes void. A permittee shall
5 notify the Administrator and the Operator for whom he drives within three
6 (3)days of a suspension or revocation of his Driver's License by the State
7 and shall immediately surrender his Driver's Permit to the Administrator.
8 Section 21. Little Rock, Ark., Rev. Code § 34-38 (1988), Authority of Director and Administrator;
9 Operator's and Driver's Permits;Prerequisites;General Prohibition;Grounds for Suspension or Revocation
10 of Permit, Subsection(e) (3) g, Additional Qualifications for Taxicab Driver's Permit, is hereby amended
11 to read as follows:
12 (g) Additional Qualifications for Taxicab Driver's Permit. As additional
13 qualifications for obtaining a Taxicab Driver's Permit, the Administrator shall
14 require each new applicant to attend a training course once a year which has been
15 approved by the.Administrator that provides instruction in each of the following
16 areas:
17 (i) Ground Transportation Service Vehicle Rules and Regulations;
18 (ii) Geography of the City and surrounding areas;
19 (iii) Public relations and communication with citizens.
20 Section 22. Little Rock, Ark., Rev. Code § 34-38 (1988), Authority of Director and Administrator;
21 Operator's and Driver's Permits;Prerequisites;General Prohibition;Grounds for Suspension or Revocation
22 of Permit, Subsection(e)(5),Term, Renewal, is hereby amended to read as follows:
23 (5) Term, Renewal. A permit issued under this Section shall be valid for a two(2)-year period,
24 commencing on the date of issue, and extending through the twelve (12) months past the
25 date of issue. Permits shall be renewed in the following Manner:
26 a. Submittal of a permit renewal application to the Administrator.
27 b. Submittal of the required Criminal Background Report(s) and the required traffic
28 record(s).
29 c. Payment of a Twenty Dollar($20.00) Renewal Fee at the time of submittal of the
30 permit renewal application.
31 d. The permittee shall comply with all applicable ordinances and regulations of the
32 City.
33 Section 23. Little Rock, Ark., Rev. Code § 34-38 (1988), Authority of Director and Administrator;
34 Operator's and Driver's Permits;Prerequisites;General Prohibition;Grounds for Suspension or Revocation
35 of Permit, Subsection (0(1), is hereby amended to read as follows:
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1 (1) If the Administrator determines that a permittee has failed to comply with this Chapter, a
2 regulation established under this Chapter, the criminal laws of the State set forth in
3 Subsection (e)(4)c., or the laws of the United States, the Administrator may suspend the
4 permittee's permit for a period not to exceed three(3)days by serving the permittee with a
5 written notice of the suspension. The written notice must include the reason for the
6 suspension, date the suspension begins, the duration of the suspension and a statement
7 informing the permittee of his right of appeal.
8 Section 24. Little Rock, Ark., Rev. Code § 34-40 (1988), Ground Transportation Service Vehicles
9 Service, Subsection(a), Failure to Provide Service, is hereby amended to read as follows:
10 (a) Failure to Provide Service. All persons engaged in the Ground Transportation Service
11 business in the City shall answer all calls received for services inside the corporate limits
12 of the City and respond as soon as they can do so. Any holder who refuses to accept a call
13 anywhere in the corporate limits of the City at any time the holder has vehicles available,
14 or fails or refuses to provide service for any reason including to accept a more lucrative
15 fare, shall be deemed to have failed to satisfy the public convenience and necessity
16 requirements of the Operator Permit issued to such holder and shall be in violation of this
17 Chapter. It shall be the responsibility of the holder to service the airport terminal with the
18 appropriate number of vehicles. The Administrator shall investigate all complaints
19 received regarding compliance with this Section. After such investigation, if the
20 Administrator determines that any holder has failed to provide the service set forth herein,
21 the holder's permit may be suspended or revoked as provided in Subsection 34-38(f). Such
22 suspension or revocation may be appealed pursuant to Section 34-39 of this Chapter. The
23 foregoing provisions of this Section shall not apply to operators of a specialized
24 transportation service which are required by Federal or Arkansas State Law or regulation
25 to follow different procedures in determining whether a passenger is eligible for service.
26 Section 25. Little Rock, Ark., Rev. Code § 34-40 (1988), Ground Transportation Service Vehicles
27 Service, Subsection(f), Manifests, is hereby amended to read as follows:
28 (f) Manifests. Every Taxicab Driver shall make and sign a manifest setting forth the following
29 information. The manifest shall contain a record of all trips made by each taxicab showing
30 the time and place of origin of a call, time the call was dispatched and to what taxicab
31 driver, and when possible, the address of drop off. Taxicab Drivers utilizing tablets that
32 electronically record the above information are exempt from the above requirements.
33 Section 26. Little Rock,Ark.,Rev.Code§34-46(1988),Application for Additional Vehicles;Hearing,
34 is hereby amended to read as follows:
35
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1 Sec.34-46. - Application for Additional Vehicles;Hearing.
2 An Operator operating Ground Transportation Service Vehicles in the City may file with
3 the Administrator an application for an increase in the number of vehicles operated by such
4 Operator in accordance with standards adopted in Subsection 34-38(d)(3).The application
5 shall set forth:
6 (1)That the applicant is in compliance with the Statutes of the State of Arkansas
7 and the United States, and the ordinances, rules and regulations of the City
8 pertaining to the operation of Ground Transportation Service Vehicles;
9 (2) The number of Ground Transportation Service Vehicles operated by the
10 applicant;
11 (3)The number of additional vehicles requested by the applicant;
12 Upon the filing of such application,a hearing regarding the application shall be conducted
13 by the Administrator. All persons interested in or affected by such application may appear
14 in person or by representatives at such hearing and introduce evidence and be heard in
15 support of, or in opposition to, such application. The Administrator shall make a
16 recommendation to the Board of Directors regarding the application. No request for an
17 increase in the number of vehicles operated by such Operator will be unreasonably denied.
18 Section 27. Little Rock, Ark., Rev. Code § 34-47 (1988), Increase in Number of Ground
19 Transportation Service Vehicles by Ordinance or Resolution; Judicial Review of Necessity, is hereby
20 amended to delete this Subsection.
21 Section 28. Little Rock,Ark., Rev.Code§ 34-59(1988), Design and Testing of Taximeters,is hereby
22 amended to read as follows:
23 Section 34-59.—Design and Testing of Taximeters.
24 (a) [Designation and approval.] The Administrator shall designate and approve the type of
25 taximeter to be used.
26 (b) [Accurate information.] A taximeter shall accurately register in legible figures total
27 miles, paid miles, number of fare units, number of trips, total fares and extra units.
28 Figures denoting each passenger's fare shall be illuminated when the taximeter is
29 activated.
30 (c) [Status indicator.] A taximeter shall be equipped to indicate whether the taxicab is
31 engaged or vacant.
32 (d) [Placement.] Taximeters shall be installed as approved by the administrator and shall
33 be placed in the driver's compartment with the face of such taximeter upon which the
34 fare is recorded directed toward the passenger compartment, so positioned as to be
35 wholly visible and clearly discernible by a passenger sitting in any of the rear seats.
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1 The face of the dial of every taximeter shall be illuminated so that the figures may be
2 read by any passenger.
3 (e) The meter mechanism shall be sealed within the case unless it is an electronic tablet
4 meter.
5 (f) [Testing.] The Administrator may order a taximeter to be tested at any time, and a
6 holder shall make the vehicle available for testing when so ordered. The actual cost of
7 such tests and inspections shall be borne by the holder.
8 Section 29. Severability. In the event any Section,Subsection,Subdivision,Paragraph,Subparagraph,
9 item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be invalid or
10 unconstitutional,such declaration or adjudication shall not affect the remaining provisions of this ordinance,
11 as if such invalid or unconstitutional provision was not originally a part of this ordinance.
12 Section 30. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with this
13 ordinance are hereby repealed to the extent of such inconsistency.
14 Section 31. Emergency. Since the City's Transportation Code was intended to be a comprehensive
15 codification of ordinances dealing with for-hire transportation within the City of Little Rock,Arkansas, and
16 such regulation is essential to protect the public health, safety and welfare, an emergency is declared to
17 exist and this ordinance shall be in full force and effect from and after the date of this adoption.
18 PASSED: August 2, 2022
19 . APPROVED:
20
21 41p,
22 si san ang • City Clerk Frank Scott Jr., ayo�
23 A' ' ' a _ i • S TO LEGAL FORM:
24 404%
25
26 Thomas M.Carpenter, 'ty Attor ey
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