HomeMy WebLinkAbout19051E
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2
ORDINANCE NO. 19051
3 AN ORDINANCE TO REPEAL CHAPTER 34 OF THE LITTLE
4 ROCK, ARK. REVISED CODE OF ORDINANCES AND TO ADD
5 A NEW CHAPTER 34 ENTITLED "TRANSPORTATION CODE ";
6 TO DECLARE AN EMERGENCY; AND FOR OTHER
7 PURPOSES.
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9 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS
to OF THE CITY OF LITTLE ROCK, ARKANSAS:
t t Section 1: The existing Chapter 34 of Little Rock, Arkansas Revised Code (1988)
12 is hereby repealed in its entirety and the following language shall be substituted
13 therefore:
14
ARTICLE I. IN GENERAL
15 Sec. 34 -1. Short title. This chapter shall be known and cited as the "Little Rock
16 Transportation Code."
17 Sec. 34 -2. Scope of chapter.
1s (a) This chapter shall govern all transportation of passengers for hire by motor vehicle
19 and by certain other means between points within the corporate limits of the City of
20 Little Rock subject to the validly exercised authority of state and federal agencies.
21 (b) No person, firm, or corporation may transport passengers for hire by motor vehicle
22 or otherwise within the territorial jurisdiction of this chapter, other than pursuant to
23 permit issued by the City of Little Rock under authority hereof. Nothing in this-chapter
24 shall prohibit any vehicle from obtaining a dual permit.
25 (c) Specifically excluded from this chapter are vehicles and drivers thereof provided for
26 use in connection with, attending, or participation in any phase of a funeral or funeral
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1 services; vehicles and drivers thereof provided at no charge for use in connection with,
2 attending, or participation in charitable activities; courtesy vehicles as defined herein;
3 and any entity operating under the authority, license or contract granted or funded by
4 the Department of Human Services.
5 Sec. 34 -3. Penalty.
6 Any person, firm or corporation found in violation of any provision of this chapter
7 shall be subject to the penalties in accordance with section 1 -9.
8 Sec. 34 -4. Definitions.
9 As used in this chapter, the following terms shall have the following meanings, unless
to the context clearly indicates that a different meaning is intended:
11 ADA shall mean the Americans with Disabilities Act of 1990.
12 Administrator shall mean the city manager or the city manager's designated agent.
13 Airport shuttle vehicle shall mean a motor vehicle with a seating capacity minimum of
14 eight (8) and a maximum of no more than fifteen (15) passengers, including the driver,
15 shall be three (3) model years old or newer when initially inspected to be placed into
16 service and shall be removed from service at the end of its eighth model year. Sedans
17 shall be excluded for usage as an airport shuttle vehicle. The vehicle shall prominently
18 display "Shuttle Service" on the front or rear sides of the vehicle. This marking must be
19 permanent.
20 Airport shuttle service shall mean the operation of an airport shuttle over fixed routes
21 with designated pick -up and drop -off points, and originating or terminating at the
22 Little Rock National Airport.
23 Airport terminal service is hereby defined to be the provision of public transportation
24 service operated for the purpose of transporting passengers exclusively to and from the
25 Little Rock National Airport terminal building and adjacent parking facilities.
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1 Antique vehicle shall mean a vehicle that is 25 years old or older or a vehicle that is of
2 limited production, outstanding design, or technical achievement, that is recognized
3 nationally as a special interest vehicle.
4 Board of directors shall mean the City's elected board of directors and Mayor.
5 City shall mean the City of Little Rock, Arkansas.
6 Controlled substance shall mean a drug, substance, or immediate precursor as listed or
7 defined in Schedules I -VI of the Uniform Controlled Substances Act, presently codified
s as Ark. Code Ann. § 5 -64 -101, as may be amended.
9 Courtesy vehicle shall mean any motor vehicle operating upon the public streets of the
10 city which is owned or leased by a public or private courtesy vehicle service operator
11 and operated exclusively to provide transportation services to patrons to and from the
12 operator's place of business without charge or other consideration. Such services shall
13 be incidental and complimentary to the operator's primary business endeavor.
14 Courtesy vehicle service shall mean the operation of a courtesy vehicle pursuant to this
15 chapter. The courtesy vehicle shall be owned or leased by the courtesy vehicle service
16 provider.
17 Demand- response service shall mean the provision of a "For -hire' vehicle responding to
18 a call by a passenger for a ride to a destination, or, alternatively, a passenger being
19 picked -up by a "For- Hire" vehicle parked in a visible location where potential
20 passengers are expected to congregate. Demand - response service is a response to any call
21 that has not been pre - scheduled at least twenty-four (24) hours in advance of the pick -
22 up time.
23 Director shall mean the department director of the fleet services department.
24 Driver shall mean any person duly licensed by the state who has registered as a
25 ground transportation service driver with the city and has obtained a ground
26 transportation service driver's permit as required by this chapter, and who has been
27 permitted to drive a ground transportation service vehicle by an operator, or has
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1 entered into a written agreement for use of a ground transportation service vehicle with
2 an operator, in accordance with the requirements of this article.
3 Driver's permit shall mean the permit granted by the city to a person to drive a ground
4 transportation vehicle in the city The permits are to be issued for a specific term not to
5 exceed two (2) years.
6 Exclusive ride shall mean a ride in which the passenger engaging the ground
7 transportation service vehicle restricts the ride solely to the passenger, or the
s passenger's party, and the fare is charged at the ceiling rate.
9 Executive sedan shall mean a sedan vehicle that has a manufacturer's suggested base
to retail selling price of not less than that of a Cadillac Sedan de Ville, Lincoln Town Car
11 sedan or similar vehicle, excluding the cost of any manufacturer installed options or of
12 any modifications or conversions that were made by other persons following the
13 original assembly of the vehicle by the manufacturer.
14 Extended Van shall mean a van with a manufacturer's rated passenger capacity of
15 fifteen (15) persons, including the driver.
16 Fleet operator shall mean a person operating two (2) or more ground transportation
17 service vehicles.
18 Fleet operator permit shall mean a permit granted by the city to an operator to operate a
19 ground transportation service providing two (2) or more ground transportation service
20 vehicles.
21 "For- hire" shall mean any motor vehicle in the city transporting persons for
22 compensation.
23 Ground transportation service shall mean the transportation of passengers for hire by
24 motor vehicle and by certain other means between points originating or terminating
25 within the corporate limits of the city and shall include all persons providing taxicab
26 service, limousine service, luxury vehicle service, airport shuttle service, courtesy
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1 vehicle service, medical transport service, special paratransit service, and all other pre -
2 arranged and demand - response ground transportation services.
3 Ground transportation service operator shall mean a person holding a ground
4 transportation service permit or license and shall include a fleet operator.
5 Ground transportation service vehicle shall mean any "For- hire" vehicle operating in the
6 city, including, without limitation, taxicabs, livery vehicles, premium taxicabs,
7 limousines, executive sedans, SUVs, antique vehicles, extended vans, airport shuttles,
8 medical transport vehicles, or special paratransit vehicles.
9 Holder shall mean a person to whom a ground transportation service operator or
to driver permit has been issued.
I I Independent taxicab operator shall mean any person permitted by the city to operate a
12 single taxicab.
13 Independent taxicab operator permit shall mean the permit granted by the city before
14 April 1, 1983 to an operator to operate a taxicab service employing a single taxicab.
15 Limousine shall mean an unmarked, large, luxury motor vehicle driven by a chauffeur
16 having a wheelbase of not less than one hundred twenty-five (125) inches, having a
17 partition between the driver and passenger compartment and being of a class and
18 condition commonly associated with luxury markets. An SUV having a wheelbase in
19 excess of its original wheelbase at the time of its original assembly by its manufacturer
20 shall be deemed a limousine for purposes of this chapter. The above vehicles shall be
21 five (5) model years old or newer when initially inspected to be placed into service.
22 Limousines which carry more than fifteen (15) passengers and which are required to
23 satisfy federal safety laws, rules, and regulations shall be exempt from the age
24 restrictions contained herein upon delivery to the administrator of proof that such
25 federal safety laws, rules and regulations have been met with respect to such limousine.
26 Limousine service shall mean the business of renting or leasing a limousine, including
27 the services of a driver, to a person, solely upon his or her request, or one acting for or
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1 on his or her behalf, to be used by the person or persons hiring the vehicle, or under
2 their direction and authority, for the period of time the vehicle is rented or leased.
3 Limousine service must be pre - scheduled at least one (1) hour in advance of the pick -up
4 time.
5 Livery vehicle shall have the same meaning as premium taxicab.
6 Luxury vehicle shall mean an executive sedan, SUV, extended van or an antique vehicle
7 and shall not include a limousine. The above vehicles, other than antique vehicles, shall
8 be three (3) model years old or newer when initially inspected to be placed into service
9 and shall be removed from service at the end of their eighth model year.
10 Luxury vehicle service shall mean the business of renting or leasing a luxury vehicle,
11 including the services of a driver, to a person, solely upon his or her request, or one
12 acting for or on his or her behalf, to be used by the person or persons hiring the vehicle,
13 or under their direction and authority, for the period of time the vehicle is rented or
14 leased. Luxury vehicle services must be pre - scheduled at least one (1) hour in advance
15 of the pick -up time.
16 Manifest shall mean a daily record prepared by a taxicab driver of all trips made by
17 such driver's taxicab showing the time and place of origin of a call, time the call was
18 dispatched and to what driver, and when possible, the address at which the passenger
19 was dropped off.
20 Mayor shall mean the Mayor of the city.
21 Medical transport service shall mean the business of providing for -hire passenger
22 transportation services to special client groups, between places of residence and
23 medical providers. Services shall.be provided through reservation service, subscription
24 service, or contract arrangement on a twenty-four hour prearranged basis. An operator
25 of such service shall acquire and operate a minimum of two medical transport vehicles
26 as defined in this article.
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1 Medical transport vehicle shall mean any motor vehicle operated exclusively by its
2 owner, or employee of such owner, on a twenty-four (24) hour pre- arranged schedule
3 as a passenger carrier for hire over the public streets of the city other than a public
4 transit bus and all other forms of ground transportation service vehicle. The
5 requirement of a twenty-four (24) hour pre- arranged schedule does not preclude the
6 use of such vehicles for medical emergencies. The motor vehicle shall be designed for
7 seven (7) passengers or more, including the driver, shall be four (4) model years old or
s newer when initially inspected to be placed into service and shall be removed from
9 service at the end of its eighth model year. Vehicles shall be clearly marked with the
10 company name, address, telephone number, and type of service provided.
11 Operator shall mean the holder of a valid permit for the operation of a ground
12 transportation service vehicle in the city.
13 Passenger-for-hire shall mean a person who engages a ride in a ground transportation
14 service vehicle.
15 Permittee shall mean the person, firm or corporation holding the operator or driver
16 permit issued by the city.
17 Person shall extend and be applied to firms, partnerships, associates, joint ventures,
18 organizations and bodies politic and corporate, or any combination thereof, as well as to
19 individuals.
20 Preminn2 taxicab or livery vehicle shall mean a sedan -type motor vehicle equipped with a
21 taximeter and having a seating capacity not in excess of six (6) passengers including the
22 driver and used for the transportation of persons for hire, recognized by the industry as
23 luxury vehicles such as Cadillac and Lincoln, and operating at premium taxicab meter
24 rates. The above vehicles shall be three (3) model years old or newer when initially
25 inspected to be placed into service and shall be removed from service at the end of their
26 eighth model year. The above vehicles shall be deemed to be demand - response service
27 vehicles for purposes of this chapter.
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1 Public transit system shall mean a passenger transportation service operated for the
2 general public at a prescribed fare along established routes on a fixed schedule, and
3 such other special routes and services as may be deemed necessary.
4 Rate card shall mean a card approved by the city to be displayed in each taxicab
5 reflecting the rates of fare then in force.
6 Shall is mandatory, not directory.
7 Special paratransit service shall mean the business of providing for -hire passenger
8 transportation services to special client groups, either through reservation service,
9 subscription service, or contract arrangement on a twenty-four hour prearranged
to scheduled route. An operator of such service shall acquire and operate a minimum of
11 two special paratransit vehicles as defined in this article.
12 Special paratransit vehicle shall mean any motor vehicle operated exclusively by its
13 owner, or employee of such owner, on a twenty-four (24) hour pre- arranged schedule
14 as a passenger carrier for hire over the public streets of the city, other than a public
15 transit bus or other ground transportation service vehicle. The requirement of a twenty-
16 four (24) hour pre- arranged schedule does not preclude the use of such vehicles for
17 medical emergencies. The motor vehicle shall be designed for seven (7) passengers or
18 more, including the driver, except when such vehicle has been modified to meet the
19 accessibility standards of the ADA, shall be four (4) model years old or newer when
20 initially inspected to be placed into service and shall be removed from service at the end
21 of its eighth model year. Vehicles shall be clearly marked with the company name,
22 address, telephone number, and type of service provided.
23 Specialized transportation permit'shall mean a permit issued by the city for operation of a
24 specialized transportation service.
25 Specialized transportation service shall mean special paratransit service and medical
26 transport service.
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1 Specialized transportation service vehicle shall mean a vehicle used to provide specialized
2 transportation service.
3 Specialty transportation shall mean the transportation of passengers for hire upon the
4 public streets of the city by any vehicle which is drawn by horse, mule or other animal,
5 or any other novelty-type vehicle which is not otherwise regulated by this chapter.
6 SUV shall mean a vehicle that is classified in the United States Environmental
7 Protection Agency's annual Fuel Economy Guide as a sport utility vehicle that (i) has a
8 passenger capacity of not less than six persons nor more than nine persons, including
9 the driver, and (ii) has a manufacturer's suggested base retail selling price of not less
10 than that of a two wheel drive Ford Expedition, Chevrolet Suburban, or similar vehicle,
11 excluding the cost of any manufacturer installed options or of any modifications or
12 conversions that were made by other persons following the original assembly of the
13 vehicle by the manufacturer. Limousines are excluded from the definition of SUV.
14 Taxi zone shall mean that curb space along the public streets of the city designated by
15 the administrator for the exclusive parking of taxicabs by the proper placement of signs
16 or markers reading "No Parking, Taxi Zone."
17 Taxicab shall mean motor driven vehicles clearly marked as such, equipped with a
1s taximeter and having a seating capacity not in excess of eight (8) passengers, including
19 the driver, and used for the transportation of persons for hire. With the exception of taxi
20 vehicles modified to meet the accessibility requirements and standards of the
21 Americans with Disabilities Act of 1990 (ADA), a Taxicab shall be three (3) model years
22 old or newer when initially inspected to be placed into service and shall be removed
23 from service at the end of its eighth (8th) model year. Taxicabs modified to meet ADA
24 requirements may include motor vehicles designed for fifteen (15) passengers or less,
25 including the driver. Such vehicle so modified shall not have a seating capacity in
26 excess of eight (8) passengers, including the driver. Taxicabs which meet ADA
27 requirements shall be four (4) model years old or newer when initially inspected to be
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placed into service and shall be removed from service at the end of their eighth (8th)
2 model year. Unless the context otherwise requires, as used in this Chapter, the term
3 "taxicab" shall be deemed to include taxicabs, livery vehicles premium taxicabs, and all
4 other demand - response vehicles not otherwise regulated by this Chapter.
5 Taxicab service shall mean a passenger transportation service operated in a taxicab
6 permitted pursuant to this article.
7 Taximeter shall mean a device which calculates and displays a fare in a Taxicab.
8 Trip shall mean the origination or termination of a "For -hire' ride within the city limits
9 by a ground transportation vehicle or service provider.
10 Top -light shall mean an instrument or an accessory to be permanently attached to the
11 outside top of a duly licensed taxicab and at a midpoint between the front doors and
12 not more than thirty (30) inches to the rear of the topmost part of the windshield.
13 Tour Service shall mean the operation of a ground transportation service engaged in the
14 business of transporting tourists over fixed routes to places of historical interest, state
15 and national parks, and other places of public interest fore the purpose of sightseeing.
16 Tour service vehicle shall mean a motor vehicle designed for ten (10) passengers or
17 more, not including the driver. A tour service vehicle and shall be three (3) model years
18 old or newer when initially inspected to be placed into service and shall be removed
19 from service at the end of its eighth model year. Except as set forth in this definition
20 and the definition of "tour service," this chapter does not apply to tour service vehicles.
21 Waiting time shall mean the time when a taxicab is not in motion and not engaged by a
22 passenger. Waiting time also shall mean the time consumed while standing at the
23 direction of a passenger or a person who has engaged such taxicab.
24 (Ord. No. 17,616, § 4, 11- 18 -97; Ord. No. 18,451, §§ 1, 2, 3- 20 -01; Ord. No. 18,483, § 1, 5-
25 15 -01)
26
27
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1 Sec. 34 -5. Appointment and authority of inspectors.
2 (a) The administrator or administrator's designee is hereby empowered to appoint and
3 authorize inspectors for the issuance of citations for violations of the Little Rock
4 Transportation Code, and regulations promulgated pursuant thereto.
5 (b) The administrator is hereby empowered to appoint and authorize qualified
6 individuals from other governmental departments or entities to issue citations for
7 violations of the Little Rock Transportation Code, and regulations promulgated
8 pursuant thereto.
9 (c) The administrator or the administrator's designee shall designate in writing the
10 individuals who are authorized to issue citations. This list shall be filed of record with
11 the city clerk.
12 Sec. 34 -6. Operation of vehicles for hire on airport property.
13 (a) Except for airport terminal service, the city shall have exclusive jurisdiction over
14 vehicles for hire operating between the airport facilities and a point or points within the
15 city.
16 (b) Nothing in this section prohibits the city from contracting with the airport
17 commission to permit the commission to oversee the operation of vehicles for hire on
18 airport property.
19 (c) Unless the city manager elects to provide a taxicab starter, the airport commission
20 may employ a taxicab starter to be responsible for the supervision of vehicles for hire on
21 airport property, provided that this supervision is consistent with the terms of this
22 chapter and, that any hearings required by this chapter shall be conducted by the city,
23 unless such authority to conduct hearings is expressly delegated by ordinance to the
24 airport commission by the city
25 (d) A taxicab starter shall have authority to:
26 (1) Regulate which taxicab drivers may enter the line waiting to pick up passengers for
27 transportation;
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1 (2) Request any driver to leave the line;
2 (3) Refuse to place passengers; and
3 (4) Report violations to the administrator or to appropriate law enforcement officials.
4 Sec. 34 -7. Prerequisites for ground transportation service at the airport.
5 No ground transportation service vehicle shall be eligible for service at the airport
6 unless it is authorized to engage in a ground transportation service in keeping with the
7 applicable laws of the state or the city and is plainly marked, numbered, kept clean in
s appearance and in good working condition. The drivers shall at all times act in a
9 professional manner and practice good hygiene.
10 Secs. 34- 8-- 34 -18. Reserved.
11
ARTICLE II. REQUIREMENTS
12 Sec. 34 -19. General rules of operation.
13 (a) Authorized operation. No vehicle permitted pursuant to this chapter shall be
14 operated by any person other than the owner of such vehicle or his or her duly licensed
15 authorized agent.
16 (b) Passengers limited. No vehicle permitted pursuant to this chapter shall be operated
17 with more passengers than the stated seating capacity of the vehicle. In addition, it shall
18 be unlawful for the operator of any vehicle to permit any other person to occupy or ride
19 in the vehicle when the same is occupied by a fare - paying passenger or by members of
20 the party of the fare - paying passenger without the consent of such fare - paying
21 passenger.
22 (c) Compliance with laws. All persons, firms or corporations permitted pursuant to this
23 chapter shall comply with and be subject to all laws, rules and regulations of the city
24 and the state. In this regard, said vehicles shall be operated with due respect for the
25 safety, comfort and convenience of passengers and for the safe and careful
26 transportation of property of passengers and the safety of the general public. All
27 reasonable efforts shall be made to promote such safety at all times and under all
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i conditions. Provided further, no driver shall have authority to stop, block, direct or
2 otherwise inhibit the flow of traffic when entering or departing a public street.
3 (d) Loading or unloading passengers. No person permitted pursuant to this chapter shall
4 stop to load or unload any passenger while situated in an intersection or crosswalk, or
5 in such a manner as to interfere with the orderly flow of traffic. Drivers of vehicles
6 permitted under this chapter shall not receive or discharge passengers in the street, but
7 shall pull up to the sidewalk or, in the absence of a side walk, to the extreme right side
s of the street, except on one -way streets, and there receive or discharge passengers.
9 Double - parking shall be allowed only when the driver is actively engaged in the
10 loading or unloading of passengers and such parking does not impede the flow of
1 I traffic. Every driver of a taxicab parked in a taxi zone shall at all times remain with his
12 or her taxicab. All drivers shall, in the use of the public streets, give careful attention to
13 the rights and needs of the public generally using such streets.
14 (e) Solicitation of passengers. It shall be unlawful for any person, permitted pursuant to
15 this chapter to seek or solicit a passenger or passengers for any vehicle permitted under
16 this chapter, whether or not such vehicle is identified as a ground transportation
17 vehicle, at, in or near any passenger depot, hotel, airport, ship or ferry landing, bus stop
18 or station, or upon any sidewalk or street, or any other place in the city. It shall be
19 unlawful for any person permitted pursuant to this chapter to call "taxicab,"
20 'limousine," "hotel," or any other words or gestures that could be construed as soliciting
21 a passenger- for -hire. A violation of this section shall be cause for suspension, for a
22 period not exceeding fifteen (15) days, or revocation, of the driver's permit of the driver
23 of such vehicle. It shall be unlawful for any person operating under a specialized
24 transportation permit or a courtesy vehicle service permit issued pursuant to this
25 chapter to solicit passengers in or upon any city street, area, building or other facility
26 considered to be open to the general public, or to provide demand - response service, as
27 defined in this Chapter.
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I (f) Office required. Each ground transportation service operator shall maintain a central
2 place of business, in an area zoned for such, for the purposes of receiving calls and
3 dispatching vehicles. Such place of business shall be open and staffed for a minimum of
4 twenty-four (24) hours a day, five (5) days a week, provided, however, a person that
5 operates a limousine service, a luxury vehicle service, or a specialized transportation
6 service may maintain such an office that is open a minimum of eight (8) hours each day
7 if such person also maintains an answering or other call intake service that is available a
8 minimum of twenty-four (24) hours a day, five (5) days a week. Said person shall file
9 and keep current with the administrator, the address and telephone number of said
10 place(s) of business.
11 (g) Hotel routes. There shall be established no more than three (3) routes for an airport
12 shuttle service. The minimum and maximum rates for this service shall be determined
13 on a periodic basis by the board of directors after a hearing on the issue. A map of these
14 routes shall be approved by the board of directors and made an exhibit to this Code.
15 Sec. 34-20. Insurance.
16 (a) Insurance requirement. No person, firm or corporation authorized by a permit
17 pursuant to this chapter may operate a vehicle for the transportation of passengers
18 within the city, without first securing, and maintaining in force at all times, a
19 commercial auto liability insurance policy issued by a company authorized to do
20 business in the state covering each vehicle to be used for the transportation service and
21 in the following amounts:
22 (1) For taxicab franchises, livery vehicles, and premium taxicabs existing after the effective date
23 of this chapter and all executive sedans and antique vehicles: Two Hundred Fifty Thousand
24 dollars ($250,000) for the injury or death of any one (1) person and subject to that limit
25 for each person; Five hundred thousand dollars ($500,000.00) total liability for any one
26 accident; and Two Hundred Fifty Thousand dollars ($250,000) for each accident
27 regarding damage to property, with a maximum of $25,000 deductible coverage per
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1 incident. Said insurance in effect shall be for demand - response service vehicles, not
2 scheduled or routed service vehicles.
3 (2) For SUVs, extended vans, airport shuttle vehicles, and limousines: Two hundred fifty
4 thousand dollars ($250,000.00) for the injury or death of any one (1) person and subject
5 to that limit for each person; One million dollars ($1,000,000.00) total liability for any
6 one accident; and Five Hundred Thousand dollars ($500,000) for each accident
7 regarding damage to property, with a maximum of $25,000 deductible coverage per
8 incident. Said insurance in effect shall be for scheduled or routed service vehicles, not
9 demand - response service vehicles.
10 (3) For specialized transportation service vehicles and courtesy service vehicles, exclusive of
11 those ground transportation service vehicles described above: Two hundred fifty thousand
12 dollars ($250,000.00) for the injury or death of any one (1) person and subject to that
13 limit for each person; five hundred thousand dollars ($500,000.00) maximum liability
14 for each accident; and two hundred fifty thousand dollars ($250,000.00) for each
15 accident regarding damage to property, with a maximum of $25,000 deductible
16 coverage per incident.
17 (b) Certificate of insurance. The liability insurance coverage shall be evidenced by a
18 current certificate of insurance covering each vehicle permitted pursuant to this chapter
19 filed annually with the administrator or designated agent.
20 (c) Notice of insurance policy cancellation to be sent to the city. Each insurance certificate
21 shall include a representation by the insurance carrier that notice of cancellation will be
22 sent to the administrator or his designated agent at least ten (10) days prior to
23 cancellation. Upon lapse or cancellation of such policy, the permit granted to the
24 person, firm or corporation shall be temporarily suspended pending notice of hearing.
25 Sec. 34 -21. Americans with Disabilities Act.
26 All persons, firms or corporations permitted to transport passengers pursuant to this
27 chapter shall comply with the provisions of the Americans with Disabilities Act of 1990,
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1 and regulations promulgated pursuant thereto. Specifically, but not inclusive, no
2 private entity providing such transportation services shall discriminate against
3 individuals with disabilities by actions including, but not limited to, refusing to provide
4 service to individuals with disabilities who can use a standard passenger vehicle,
5 refusing to assist with the storing of mobility devices and charging higher fares or fees
6 for carrying individuals with disabilities and their equipment than are charged to other
7 persons.
s Sec. 34-22. Nontransferability.
9 No permit granted under this chapter may be sold, assigned, transferred, leased or
10 mortgaged without the approval of the board of directors.
11 Sec. 34 -23. Drivers and vehicles to be licensed.
12 Each driver and vehicle permitted pursuant to this chapter shall be licensed as
13 required by Arkansas law. No driver under the age of twenty- one(21) shall operate such
14 vehicle.
15 Sec. 34 -24. Unlawful use.
16 No person, firm or corporation permitted pursuant to this chapter shall knowingly
17 allow any ground transportation service vehicle or other vehicle permitted under this
18 chapter to be used in the perpetration of a crime or misdemeanor.
19 Sec. 34 -25. Driver conduct.
20 It shall be unlawful for any driver permitted pursuant to this chapter while on duty to
21 drink any intoxicating liquor or be under the influence of any controlled substance, to
22 shout or call to prospective passengers, or to disturb the peace in any way.
23 Sec. 34 -26. Apparel to be worn by drivers.
24 Each permit holder shall have company dress standards for drivers employed by or
25 contracting with the permit holder. The driver shall adhere to the company dress
26 standards. These standards shall be kept on file with the director and shall include the
27 following:
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(a) A driver may not wear:
2 (1) Cut -offs or shorts;
3 (2) Tank tops or halter tops;
4 (3) Outer apparel made of fishnet or undergarment material.
5 (b) Shoes must be worn at all times in the manner for which they were designed. A
6 driver may not wear shoes or sandals without socks or hosiery and may not wear beach
7 or shower thongs.
8 (c) A driver and the drivers clothing shall conform to basic standards of hygiene and
9 shall be neat, clean and sanitary at all times.
10 Secs. 34- 27- 34 -37. Reserved.
11 ARTICLE III. GROUND TRANSPORTATION SERVICE VEHICLES
12 Sec. 34 -38. Authority of director and administrator; operator's and driver's permits,
13 prerequisites; general prohibition; grounds for suspension or revocation of permit.
14 (a) Authority of the administrator.
15 (1) The administrator shall have jurisdiction over the recommendations for granting or
16 denying operator and driver permits.
17 (2) The administrator shall promulgate rules and regulations to govern the ground
18 transportation service business, which shall deal with, but shall not be limited to, the
19 operation and maintenance of motor vehicles, safety equipment, the keeping of a
20 manifest, the providing of services, the loading and the unloading of passengers, and
21 the holding of hearings.
22 (b) Operator permit.
23 (1) No person shall operate a motor vehicle for the purpose of providing ground
24 transportation services for -hire in the city unless an appropriate permit for the vehicle
25 has been issued.
26 (2) Required. No person shall operate or permit a ground transportation service vehicle
27 owned, leased, or controlled by him or her to be operated in the city without having
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1 first obtained an operator permit. The operator permit shall be renewable under the
2 provisions of this article. This permit shall be in addition to any licenses which may be
3 required by other local, state and federal laws and regulations. This permit shall be in
4 addition to any "business license" or "privilege license' otherwise required by the city.
5 (3) No person not licensed under this article shall display a sign on a motor vehicle
6 reading "taxi," "taxicab," or anything of the same meaning for the purpose of soliciting
7 passengers for hire in the city.
8 (4) Application. No later than fifteen (15) days after receipt of a completed application
9 for an operator permit, the administrator shall notify the applicant, each holder of a
to current operator permit, and all other interested persons in writing of the date of the
11 hearing on the application, in accordance with Ark. Code Ann. §§ 14 -57 -307 and 14 -57-
12 308.
13 (5) Specialized transportation permits and courtesy vehicle service permits shall be
14 issued by the city upon approval after the applicant has filed an application for the
15 permit and has shown that the operation of the specialized transportation service or
16 courtesy vehicle service will comply with this article and with all applicable laws,
17 regulations and ordinances. The fleet size of any specialized transportation service,
18 except courtesy vehicle service, shall be a minimum of two vehicles. No additional
19 vehicles may be added to the fleet of any specialized transportation service permit
20 holder, except courtesy vehicle service, without the approval of the administrator and
21 the board of directors. Specialized transportation permit holders shall submit a written
22 request to the administrator for additional permits above the maximum. Upon
23 approval, the administrator will present the request for additional vehicles to the board
24 of directors. The board of directors will review each request and either approve or
25 disapprove the request.
26 (c) General provisions. Before any operator permit may be issued, the applicant shall
27 satisfy the following conditions:
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1 (1) Every operator shall agree to abide by all laws and regulations now in force or
2 hereafter promulgated relating to the conduct of the ground transportation service
3 business in the city.
4 (2) Every operator shall provide for each ground transportation service vehicle a
5 communication system to be approved by the administrator and comply with FCC
6 regulations.
7 (3) Every fleet operator shall maintain a dispatch system in operation twenty-four (24)
s hours each day, capable of providing reasonably prompt service in response to requests
9 received by telephone, the internet or other electronic means provided, however, the
10 dispatch system for a specialized transportation service or a limousine service may
11 include an after -hours answering or other call intake service that is available a
12 minimum of twenty-four (24) hours a day, five (5) days a week. The dispatch system
13 shall be approved by the administrator and comply with FCC regulations.
14 (4) An operator shall be at least twenty-one (21) years of age.
15 (5) No operator shall permit a ground transportation service vehicle to be operated in
16 the city until the ground transportation service vehicle has been inspected and
17 approved by the administrator. The administrator is authorized to make spot
18 inspections of ground transportation service vehicles.
19 (6) If any ground transportation service vehicle operated in the city does not comply
20 with the provisions of this article and established federal, state and local laws, rules and
21 regulations, a hearing may be called by the administrator to determine if the ground
22 transportation service vehicle operator permit should be suspended or revoked. The
23 non - conforming ground transportation service vehicle will be placed out of service until
24 after such hearing has taken place.
25 (7) Inspections:
26 a. The operator shall inspect ground transportation service vehicles once a week for
27 compliance with all pertinent provisions of this chapter and rules and regulations
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1 promulgated pursuant hereto. The driver of the vehicle shall inspect his or her vehicle
2 on a daily basis for compliance with all pertinent provisions of this chapter and rules
3 and regulations promulgated pursuant hereto.
a b. It shall be the duty of the administrator to cause to be inspected each and every
5 vehicle for which a permit has been issued pursuant to this chapter at least once each
6 year, or at any other time that the administrator deems advisable. Such inspection shall
7 be made to determine that a vehicle is in a reasonably good state of repair, is clean, and
8 that the vehicle is equipped and is being operated in compliance with all requirements
9 of this chapter. Such inspection shall be made at a place designated by the
to administrator. The administrator shall cause the record of such inspection to be reduced
11 to writing and a permanent record made thereof. Such record shall be kept for a period
12 of at least three (3) years.
13 c. If the inspection reveals that any such vehicle is not in a reasonably good operating
14 condition, from the standpoint of the safety, health and comfort of passengers, the
15 vehicle shall be ordered out of service until such time as remedial repairs and
16 corrections have been made. Such vehicle shall be reinspected to determine whether or
17 not proper repairs and corrections have been made. In no case shall the vehicle be
18 permitted to resume its operation until such repairs and corrections have been made
19 and an inspection has been conducted.
20 d. Such inspection shall include, but not be limited to, the following items, as
21 applicable: cab number; date of purchase; foot brakes; emergency brake; head lamps;
22 tail lamps; license plate lights; top - light; dome light; horn; windshield wipers; current
23 state inspection sticker; rearview mirror; all glasses; cleanliness; safety; condition of
24 paint; color scheme; inspection stickers; taximeter seals and readings; rate card; signs;
25 fumes; state license plates; speedometer readings; mileage; steering; tires; muffler and
26 tail pipe; accuracy of taximeter; condition of the body of the vehicle; and fenders.
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e. Failure to submit a vehicle requested for inspection upon ten (10) days written
2 notice by the administrator to do so shall be cause for the suspension of the permit
3 assigned to that vehicle for a period of three (3) days for the first offense, fifteen (15)
4 days for the second offense, and revocation upon the third offense. This paragraph is
5 subject to the notice and hearing provisions of subsection 34- 38(e)(9) and the appeal
6 provisions of section 34 -39 of this chapter.
7 f. A vehicle involved in an accident shall be inspected by the administrator within
8 thirty (30) days after notification of the accident. If the administrator's inspection reveals
9 that the vehicle has been damaged and has failed to be repaired to an extent that it is
io not in a reasonably good operating condition from the standpoint of the safety, health
11 and comfort of passengers, the vehicle shall be ordered out of service until the
12 administrator has authorized the return of the vehicle to service, which authorization
13 shall not be given until proper repairs or corrections have been made.
14 (8) Accident reports.
15 a. When a ground transportation service vehicle is involved in an accident with
16 another vehicle of any kind whatsoever, or with a person, which results in any injury or
17 damage to any person or property, including the ground transportation service vehicle,
1s the driver of the ground transportation service vehicle, if a person other than the
19 permittee, shall report the accident to the permittee without delay. The permittee shall
20 also report the accident to the city within ten (10) business days of the accident and shall
21 include the following information:
22 1. The owner of the ground transportation service vehicle;
23 2. The driver's name and his driver's permit number;
24 3. The date of the accident and a brief description; and
25 4. The names of any person the permittee or driver have reason to believe might claim
26 personal or property damage as a result of the accident, or, if at the time of the report a
27 claim has been made, the amount of any claim.
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1 b. If the claim is insured or secured by a bond filed in accordance with Arkansas law,
2' the report will also provide verification that the bond has been increased by an amount
3 sufficient to address the claim and maintain the minimum bond required by
4 c. When the claim is ultimately re- solved, the permittee shall report that the claim has
5 been resolved and if not prevented from doing so by a settlement agreement, any
6 amount paid in resolution of the claim.
7 d. Any taxi company that maintains commercial insurance with a company licensed
8 and regulated by the Arkansas Insurance Department may comply with subsections a.
9 and b. by providing reports on forms normally used by the insurance company if
io these forms present substantially the same information required by these subsections.
11 e. The reports required by this subsection shall be filed as follows:
12 1. On January 1, April 1, July 1 and October 1 of each year if the permittee utilizes
13 Arkansas law that merely requires the posting of a bond;
14 2. On January 1 and July 1 of each year if the permittee maintains commercial insurance
15 with a company licensed by the Arkansas Insurance Department of less than the
16 amounts set forth in subsection 3;
17 3. On January 1 of each year if the permittee maintains commercial insurance with a
18 company licensed by the Arkansas Insurance Department of at least two hundred fifty
19 thousand dollars ($250,000) for personal injury with an aggregate per accident of five
20 hundred thousand dollars ($500,000), and two hundred fifty thousand dollars
21 ($250,000) aggregate per accident for property damage.
22 f. The refusal of the permittee to provide the information required by this subsection
23 shall be a basis for the revocation of the permittee's ground transportation service
24 permit or franchise.
25 (9) Identification.
26 a. The administrator shall allocate a sequence of numbers to each operator for the
27 purpose of identifying ground transportation service vehicles. From that sequence, an
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1 operator shall allocate a number for each of its ground transportation service vehicles. A
2 list of operating vehicles and vehicles removed from service shall be forwarded to the
3 administrator on a quarterly basis.
4 b. Both the number and name of the operator shall be permanently affixed to taxicabs
5 in contrasting colors. The color scheme shall be approved by the administrator. This
6 number shall be at least three (3) inches in height; letters of the operator name shall be
7 at least one and three quarters (1 3/4) inches in height. Livery vehicles, and premium
s taxicabs shall not be required to display the information required by this subsection.
9 c. The city shall issue a sticker for each specialized transportation service vehicle and
10 courtesy service vehicle permitted under this chapter. The sticker shall be attached to
11 the vehicle, as designated by the administrator. No specialized transportation service
12 vehicle or courtesy service vehicle permitted pursuant to this chapter shall display a
13 sign, light or other markings on a motor vehicle reading "taxi," "taxicab," "for hire" or
14 anything of the same meaning for the purposes of soliciting passengers on any public
15 street.
16 (10) Applications and fees.
17 a. Applications for operator permits shall be filed with the administrator. The
18 application shall contain information as required and shall be accompanied by an
19 annual fee of five hundred dollars ($500.00) as a base charge plus an annual fifteen -
20 dollar ($15.00) charge per vehicle in use for all ground transportation service
21 operators other than courtesy vehicle service operators and independent taxicab
22 operators.
23 b. The annual fee for independent taxicab operators shall be one hundred fifty
24 dollars ($150.00).
25 c. The annual fee for courtesy vehicles shall be five dollars ($5.00) for each vehicle
26 used. The owner of any courtesy vehicle so used shall file with the administrator at
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1 the time of making application for a permit a notarized statement signed by the
2 owner or agent listing the purpose for which the courtesy vehicle is to be used.
3 d. No vehicle used by a permitted operator for any purpose for less than two (2)
4 weeks is subject to this chapter. The ground transportation service operator shall
5 notify the director in writing of any such vehicle used by the operator.
6 (11) Criteria. At the hearing on the application, such factors as the following shall be
7 taken into consideration.
8 a. Financial responsibility and stability of the applicant;
9 b. Moral character of applicant;
10 c. Number of vehicles to be operated;
11 d. Make, model, type and ownership of the vehicles to be used;
12 e. Color scheme to be used;
13 f. Effect of additional vehicles upon traffic congestion, vehicular and pedestrian
14 alike:
15 1. Whether the requirements of public convenience and necessity can be met and
16 complied with only by the issuance of additional permits.
17 2. The resulting effect upon the business of existing permit holders and upon existing
18 agencies of mass transportation in the city.
19 g. Whether taxes have been paid when due;
20 h. Whether the applicant proposes to own, rent or lease additional vehicles to be used
21 in operating such service;
22 i. Total number of vehicles in operation;
23 j. Whether the applicant will operate and continue to operate during the time that the
24 operator permit shall remain in effect.
25 (12) Operation under one business name.
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1 a. Only one (1) business name shall be used for any vehicle operating pursuant to a
2 fleet operator permit, regardless of the number of vehicles listed and authorized under
3 the permit, without the express written authorization of the administrator.
4 b. The administrator shall provide written authorization for a fleet operator to use an
5 additional business name and color scheme, from the primary name listed on the
6 application for permits, if the operator provides proof that all personnel, drivers, and
7 persons working with the business listed in the fleet operator permit have available to
s them forms that shall be immediately provided to any person who requests information
9 about the company, and which set forth:
10 1. The name of the company;
11 2. The name and address of the agent for service of process, or if there is no agent for
12 service of process, the name and address of the person(s) authorized to accept service of
13 process for the company;
14 3. The address, telephone number, telefacsimile number and, if available, the email
15 address of the company; and
16 4. The name of the person(s) to whom a complaint, allegation of loss or injury, or
17 statement of condemnation, can be directed.
18 (13) Existing Vehicles. Notwithstanding anything contained in this chapter to the
19 contrary, the rules and regulations set forth in this chapter regarding the age of a
20 ground transportation service vehicle when it is placed in service or removed from
21 service do not apply to a ground transportation service vehicle which was placed in
22 service prior to the effective date of this chapter as long as such ground transportation
23 service vehicle continues to be owned by the operator that placed it in service.
24 (d) Renewal or change in terms of operator permit.
25 (1) No additional independent taxicab operator permits shall be issued unless the
26 operator has held an independent taxicab operator permit continuously since April 1,
27 1983.
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1 (2) Operators shall apply for renewal of their permits at least sixty (60) days before
2 expiration of their permits. Permits shall be issued for a period of one (1) year. The
3 administrator shall send reminder notices for renewal of operator's permits to all
4 permitted operators ninety (90) days before the expiration of the permit.
5 (3) An operator desiring a change in the terms or conditions of the permit must file with
6 the administrator at least sixty (60) days before the permit expires a written request
7 stating reasons for the requested changes.
8 (4) If the administrator determines that a denial of an operator permit renewal is
9 appropriate, or a material change in the terms or conditions of the permit is required, or
10 if a holder requests a material change in the terms or conditions of the permit, the
11 administrator shall submit for consideration to the board of directors a written report
12 containing his recommendation with supporting findings of facts. Upon action being
13 taken by the board of directors, the administrator shall issue a formal notice of the
14 action taken by the board of directors. In the case of renewal, the administrator shall
15 incorporate any changes in the terms or conditions of the permit authorized by the
16 board of directors.
17 (5) If the permit expires through no fault of the holder before a ruling on the approval
18 or denial of the renewal, the holder may continue to operate pending a final decision.
19 The holder shall cease operation of the ground transportation service immediately upon
20 denial of the request for renewal by the board of directors.
21 (e) Driver's permit.
22 (1) Required. No person shall operate a ground transportation service vehicle in the city,
23 and no person who owns or controls a ground transportation service vehicle shall
24 permit it to be so operated at any time for hire, unless the driver of said vehicle shall
25 have first obtained and shall then have in force a driver's permit issued under the
26 provisions of this chapter. Every driver holding a permit shall agree to abide by all laws
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1 and regulations now in force or hereafter promulgated relating to the conduct of the
2 ground transportation service business in the city.
3 (2) Qualifications. No driver's permit shall be granted unless the applicant has an
4 appropriate and valid driver's license as required pursuant to state law.
5 (3) Application. Any person desiring a driver's permit shall, under oath, apply in writing
6 to the administrator. The form of such application shall be developed by the
7 administrator and shall include, but not be limited to, the age, name and address of the
s applicant.
9 a. Photographs. Upon permit renewal or new application, each applicant shall report to
10 the administrator so that a photograph may be taken. Such photograph shall be filed
11 with the administrator and shall not be more than thirty (30) days old.
12 b. Fee. A fee of seven dollars ($7.00) shall be paid to the city at the time the original
13 application is filed.
14 c. Temporary permit. Upon receipt of the application materials, the administrator shall
15 issue the applicant a temporary driver's permit, valid for ten (10) days after date of
16 issuance. This permit shall prominently display the words, "Temporary Driver's Permit,
17 NOT VALID AFTER " followed by the expiration date of the permit and
18 numbers of the same size. The temporary permit shall be posted in the manner specified
19 below and shall be surrendered if the driver's permit is denied.
20 d. Approval of application. If the application is approved, the driver's permit shall be
21 issued in card form designed by the administrator. The photograph of the driver shall
22 be attached to the card. Each driver will be given a driver's permit number which will
23 be on such permit. This card . shall be posted in a prominent place in the ground
24 transportation service vehicle as prescribed by the administrator and shall be shown to
25 any passenger, police officer, inspector, airport official, or to the administrator upon
26 request. Only one (1) driver's permit shall be posted in a vehicle at any time.
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1 e. Acknowledgment of application. The applicant shall acknowledge with any
2 application that he understands that the driver's permit, if granted, will be for a specific
3 period of time not to exceed two (2) years from the date of issuance and that no rights or
4 privileges extend past the time designated in the permit.
5 1. Except in the case of temporary permits, a driver's permit will expire after the two -
6 year period.
7 2. If a permittee's state driver's license is suspended or revoked by the state, his driver's
s permit automatically becomes void. A permittee shall notify the administrator and the
9 operator for whom he drives within three (3) days of a suspension or revocation of his
to driver's license by the state and shall immediately surrender his driver's permit to the
11 administrator.
12 f. Falsifying of a driver's permit. No person, firm or corporation permitted pursuant to
13 this article shall forge, alter or counterfeit a driver's permit or possess a forged, altered
14 or counterfeited driver's permit.
15 g. Additional qualifications for taxicab driver's permit. As additional qualifications for
16 obtaining a taxicab driver's permit, the director shall require each new applicant to:
17 1. Pass an examination given by the department that tests the applicant's knowledge
18 of:
19 (i) Traffic laws;
20 (ii) A driver's duties under this chapter;
21 (iii) Department regulations; and
22 (iv) The geography of the city.
23 2. Attend a training course once a year which has been approved by the director that
24 provides instruction in each of the following areas:
25 (i) ground transportation service vehicle rules and regulations;
26 (ii) Geography of the city and surrounding areas, and use of a map; and
27 (iii) Public relations and communication with citizens.
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1 h. Additional training for taxicab drivers. When the administrator has reason to believe
2 that a taxicab driver is in need of training in any area covered under this chapter, the
3 taxicab driver may be required to successfully complete an approved training course.
4 The decision to require a training course under this subsection may be appealed in
5 accordance with section 34 -41 of this article.
6 i. Training cost. Whenever a new taxicab driver applicant or a taxicab driver attends a
7 training course under subsection h. above, the holder employing or contracting with the
8 applicant or taxicab driver shall pay to the city the cost of the training course, if costs
9 are incurred by the city.
10 (4) Investigation. The taxicab driver applicant shall contact the North Little Rock and
1 t Little Rock Police Departments, records section, for a criminal record check and 'the
12 Arkansas State Revenue Department for a traffic record. The taxicab driver applicant
13 shall return the criminal record check and traffic record to the administrator. The
14 administrator shall develop rules and regulations with respect to the investigation and
15 issuance of a driver's permit.
16 a. To qualify for a taxicab driver's permit, an applicant shall:
17 1. Possess the required state driver's license and not be afflicted with a physical or
18 mental disease or disability that is likely to prevent the applicant from exercising
19 ordinary and reasonable control over a motor vehicle or that is likely to otherwise
20 endanger the public health or safety; not have been convicted of more than four (4)
21 moving traffic violations arising out of separate transactions, or involved in more than
22 two (2) automobile accidents in which it could be reasonably determined that the
23 applicant was at fault, within any twelve -month period during the preceding thirty-six
24 (36) months;
25 b. A taxicab driver applicant shall not have been convicted of any of the following
26 offenses and has not received a pardon or order of expungement from such conviction:
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1 1. Criminal homicide as described in Chapter 10 of the Arkansas Criminal Code; Ark
2 Code Ann. § 5 -10 -101.
3 2. Kidnapping as described in Chapter 11 of the Arkansas Criminal Code; Ark. Code
4 Ann. § 5 -11 -101.
5 3. A sexual offense as described in Chapter 14 of the Arkansas Criminal Code; Ark.
6 Code Ann. § 5 -14 -101.
7 4. An assault or battery offense as described in Chapter 13 of the Arkansas Criminal
s Code; Ark. Code Ann. § 5 -13 -201.
9 5. Robbery as described in Chapter 12 of the Arkansas Criminal Code; Ark. Code
10 Ann. § 5 -12 -101; but only if the offense was committed against a person with whom the
11 applicant came in contact while engaged in a passenger transportation service.
12 6. Burglary as described in Chapter 39 of the Arkansas Criminal Code; Ark. Code
13 Ann. § 5 -39 -101, but-only if the offense was committed against a person with whom the
14 applicant came in contact while engaged in a passenger transportation service.
15 7. Theft as described in Chapter 36 of the Arkansas Criminal Code, Ark. Code Ann. §
16 5 -36 -101, but only if the offense was committed against a person with whom the
17 applicant came in contact while engaged in a passenger transportation service.
18 8. Fraud as described in Chapter 37 of the Arkansas Criminal Code, Ark. Code Ann.
19 § 5 -37 -101, but only if the offense was committed against a person with whom the
20 applicant came in contact while engaged in a passenger transportation service.
21 9. Tampering with a governmental record as described in Chapter 54 of the Arkansas
22 Criminal Code, Ark. Code Ann. § 5 -54 -101, but only if the offense was committed
23 against a person with whom the applicant came in contact while engaged in a
24 passenger transportation service.
25 10. Public indecency prostitution or obscenity) as described in Chapters 68 and 70 of
26 the Arkansas Criminal Code, Ark. Code Ann. § 5 -68 -401, and Ark. Code Ann. § 5 -70-
27 101.
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1 11. The transfer, carrying, or possession of a weapon in violation of Chapter 73 of the
2 Arkansas Criminal Code, Ark. Code Ann. § 5 -73 -101.
3 12. Criminal attempt to commit any of the offenses listed in subdivision b.1. through
4 b.11. of this section.
5 c. The offenses listed above shall disqualify a taxicab driver applicant if:
6 1. Less than two (2) years have elapsed since the date of conviction if the applicant
7 was convicted of a misdemeanor offense;
8 2. Less than five (5) years have elapsed since the date of conviction if the applicant
9 was convicted of a felony offense; or
10 3. Less than five (5) years have elapsed since the date of the last conviction if, within
11 any twenty- four -month period, the applicant has two (2) or more convictions of any
12 misdemeanor offenses.
13 d. A taxicab driver applicant shall not have been convicted of driving while intoxicated
14 or driving while under the influence of a controlled substance:
15 1. Within the preceding three (3) years; or
16 2. More than one (1) time within the preceding five (5) years.
17 e. A taxicab driver applicant shall not be addicted to the use of alcohol or narcotics.
18 f. A taxicab driver applicant shall be subject to no outstanding warrants of arrest.
19 (5) Term, renewal. A permit issued under this section shall be valid for a two -year period
20 commencing on the date of issue, and extending through the twenty-four (24) months
21 past the date of issue. A permit may be renewed by submitting a renewal application
22 and payment of fees prescribed by the administrator. The permittee shall comply with
23 all applicable ordinances and regulations of the city.
24 (6) Duplicate driver's permit. If a driver's permit has been lost or destroyed, the payment
25 of two dollars and fifty cents ($2.50) as a replacement fee shall be required, and the
26 administrator shall issue a duplicate driver's permit.
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1 (7) Penalty for DUI or DWI. Revocation of drivers' permits shall be for three (3) years for
2 the conviction of driving while intoxicated or driving while under the influence of
3 drugs or a controlled substance.
a (f) Emergency suspension; grounds for suspension or revocation of permit. The director or
5 administrator have the power to suspend a permit for three (3) days in the case of an
6 emergency, for violation of rules and regulations as developed by the director or
7 administrator, for violation of this chapter, for violation of any of the criminal laws set
8 forth in subsection 34- 38(e)(4)b., or for violation of the laws of the United States. The
9 director or administrator shall hold hearings and make recommendations to the board
10 of directors concerning the permanent suspension or revocation of operators' and
11 drivers' permits.
12 (1) If the director determines that a permittee has failed to comply with this chapter, a
13 regulation established under this chapter, the criminal laws of the State of Arkansas set
14 forth in subsection 34- 38(e)(4)b., or the laws of the United States, the director may
15 suspend the permittee's permit for a period not to exceed three (3) days by serving the
16 permittee with a written notice of the suspension. The written notice must include the
17 reason for the suspension, date the suspension begins, the duration of the suspension,
18 and a statement informing the permittee of his right of appeal.
19 (2) A suspension under section 38(f)(1) may be appealed to the administrator if the
20 permittee requests an appeal in writing at the time the director serves notice of
21 suspension upon the permittee. The period of suspension begins on the date specified
22 by the director, or in the case of an appeal, on the date ordered by the administrator.
23 (3) The administrator may order an expedited hearing under this section, to be held as
24 soon as possible after the permittee requests an appeal. The administrator may affirm,
25 reverse, or modify the order of the director. The decision of the administrator is final,
26 notwithstanding the appeal provisions of section 34 -39 of this chapter.
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1 (4) Except as otherwise stated in this chapter, if the administrator determines that a
2 permittee has failed to comply with this chapter, a regulation established under this
3 chapter, the criminal laws of the State of Arkansas set forth in subsection 34- 38(e)(4)b.,
4 or the laws of the United States, the administrator may suspend the permittee's permit
5 for a definite period of time not to exceed sixty (60) days.
6 (5) The administrator shall suspend the permittee's permit:
7 a. If at any time the administrator determines that a permittee is not qualified under
8 section 34 -38; or
9 b. By a preponderance of the evidence, the permittee has caused an accident with
10 injury; or
I 1 c. By a preponderance of the evidence, the permittee has driven while intoxicated.
12 (6) A permittee whose permit is suspended shall not drive a ground transportation
13 service vehicle inside the city during the period of suspension.
14 (7) The administrator shall notify the driver and the operator in writing of a
15 suspension under subsection 34- 38(f)(4) and include in the notice the reason for the
16 suspension, the date the administrator orders the suspension to begin, the duration of
17 suspension, and a statement informing the permittee of a right of appeal.
18 (8) The administrator, after a hearing, may revoke an operator's or driver's permit if
19 the administrator determines by a preponderance of the evidence that the permittee:
20 a. Operated a vehicle inside the city during a period in which the operator's or
21 driver's permit was suspended;
22 b. Made a false statement of a material fact in an application for an operator's or
23 driver's permit;
24 c. Engaged in conduct that constitutes a ground for suspension under subsection 34-
25 38(f), and received either a suspension in excess of three (3) days or a conviction for
26 violation of this chapter, two (2) times within the twelve -month period preceding the
27 occurrence of the conduct;
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I d. Engaged in conduct that could reasonably be determined to be detrimental to the
2 public safety;
3 e. Failed to comply with a condition of a temporary permit; or
4 f. Was convicted of any felony offense while holding an operator's or driver's permit.
5 (9) A person whose operator's or driver's permit is revoked shall not:
6 a. Apply for another operator's or driver's permit before the expiration of twelve (12)
7 months from the date the administrator revokes the permit or, in the case of an appeal,
8 the date the board of directors affirms the revocation; or
9 b. Drive a ground transportation service vehicle inside the city limits.
10 (10) The administrator shall notify the permittee in writing of a revocation and include
11 in the notice the reason for the revocation, the date the administrator orders the
12 revocation, and a statement informing the permittee of his right of appeal pursuant to
13 section 34 -39.
14 (11) After receipt of notice of suspension, revocation, or denial of permit renewal, the
15 permittee shall, on the date specified in the notice, surrender his operator's or driver's
16 permit to the director and discontinue operating or driving a ground transportation
17 service vehicle inside the city Notwithstanding sub - section 34- 38(f)(3) and (8), if the
18 permittee appeals the suspension or revocation of a permit under subsections 38(f)(4),
19 (5), (8) pursuant to section 34 -39 of this chapter, the permittee may continue to drive or
20 operate a ground transportation service vehicle pending the appeal unless:
21 a. The driver is not in compliance with subsection 34- 38(e)(2) regarding having an
22 appropriate and valid driver's license; or
23 b. The administrator determines that continued operation by the permittee would
24 impose an immediate threat to public safety.
25 (g) Airport Shuttle Service. Any person operating an airport shuttle service pursuant to
26 this article shall be restricted to transporting passengers exclusively to or from a place,
27 other than a residence, on a trip that originates or terminates at the Little Rock National
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1 Airport Administration Terminal over fixed routes with designated pick -up and drop -
2 off points.
3 (h) Use of scanners prohibited; monitoring of other operators' calls prohibited. The use of
4 scanners and the monitoring of other operators' calls is hereby prohibited.
5 Sec. 34 -39. Appeal.
6 (a) A person may appeal a denial of a driver's permit application, suspension of an
7 operator's or driver's permit by the administrator, revocation of an operator's or driver's
8 permit by the administrator, or a requirement to take a training course, if such person
9 requests an appeal in writing delivered to the administrator not more than ten (10)
10 business days after notice of the administrator's action is received.
11 (b) The board of directors shall hear the appeal under this section. The board of
12 directors shall give the appealing party an opportunity to present evidence and make
13 argument in his or her behalf. The formal rules of evidence do not apply to an appeal
14 hearing under this section. The board of directors shall make their ruling on the basis of
15 a preponderance of the evidence presented at the hearing.
16 (c) The board of directors may affirm, modify, or reverse all or part of the action of the
17 administrator being appealed. The decision of the board of directors is final.
18 Sec. 34 -40. Ground Transportation service vehicles service.
19 (a) Failure to provide service. All persons engaged in the ground transportation service
20 business in the city shall answer all calls received for services inside the corporate limits
21 of the city and respond as soon as they can do so. Any holder who refuses to accept a
22 call anywhere in the corporate limits of the city at any time the holder has vehicles
23 available, or fails or refuses to provide service for any reason including to accept a more
24 lucrative fare, shall be deemed to have failed to satisfy the public convenience and
25 necessity requirements of the operator permit issued to such holder and shall be in
26 violation of this chapter. It shall be the responsibility of the holder to service the airport
27 terminal with the appropriate number of vehicles. The administrator shall investigate
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i all complaints received regarding compliance with this section. After such
2 investigation, if the administrator determines that any holder has failed to provide the
3 service set forth herein, the holder's permit may be suspended or revoked as provided
4 in subsection 34- 38(f). Such suspension or revocation may be appealed pursuant to
5 section 34 -39 of this chapter. The foregoing provisions of this section shall not apply to
6 operators of a specialized transportation service which are required by federal or state
7 law or regulation to follow different procedures in determining whether a passenger is
8 eligible for service.
9 (b) Ditty to transport passengers by shortest route. Each driver of a taxicab in the city shall
10 transport his passengers to definite points designated by the passengers, and he shall
11 take the most direct and shortest route to deliver such passengers safely and
12 expeditiously to their destination.
13 (c) Refusal to discharge passenger at designated place. No driver shall refuse to discharge a
14 passenger at any place designated by the passenger upon the streets of the city, except
15 when the place so designated is at a point not easily accessible by reason of an
16 obstruction, or there are conditions present that render the designated place or access to
17 such designated place unreasonably hazardous.
18 (d) Leaving vehicle while waiting at depot, airport, hotel or taxi stand. No ground
19 transportation service vehicle driver shall leave the vehicle for any purpose, except in
20 emergencies, while the driver is waiting at a depot, airport, hotel or taxi stand. A
21 violation of this section shall be cause for suspension of such driver's permit for a
22 period of two (2) days for the first offense, fifteen (15) days for the second offense, and
23 for the third offense his permit may be revoked. This paragraph is subject to the notice
24 and hearing provisions of subsection 34 -38(f) and the appeal provisions of section 34 -39
25 of this chapter. This section does not prohibit a driver from assisting passengers in
26 loading or unloading, or from using nearby restroom facilities.
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1 (e) Duty to inspect vehicle, procedure when passengers leave articles in ground transportation
2 service vehicles. Each ground transportation service vehicle driver shall inspect his
3 vehicle before going on duty and after discharging each passenger to see that the
4 vehicle is free of trash and debris, and anything that could cause offensive or
5 objectionable odors. After each passenger reaches his destination, the driver shall check
6 the interior of the vehicle and the trunk to see that no articles have been left in the
7 vehicle. In the event a passenger should leave any article in the vehicle, the vehicle's
s dispatcher shall be notified immediately by the driver, and the driver shall immediately
9 return the article to the owner,. the company dispatcher, or a company representative,
10 within a reasonable period of time before making another trip.
11 (f) Manifests. Every taxicab driver shall make and sign a manifest setting forth the
12 following information. The manifest shall contain a record of all trips made by each
13 taxicab showing the time and place of origin of a call, time the call was dispatched and
14 to what taxicab driver, and when possible, the address of drop off.
15 Sec. 34 -41. Stopping, parking, and standing regulated.
16 (a) When a taxi zone is occupied by the full number of taxicabs or other demand -
17 response service vehicles authorized for such zone, no taxicab or other authorized
18 demand - response service vehicle driver shall loiter or wait near the taxi zone for the
19 purpose of occupying space in such zone. No private vehicle shall, at any time, be
20 permitted to occupy any taxi zone. No taxicab or other authorized demand - response
21 service vehicle driver shall park his vehicle upon any street in any business district at
22 any place other than a taxi zone, except that this provision shall not prevent the driver
23 of any such vehicle from temporarily stopping in accordance with other stopping or
24 parking regulations at any place for the purpose of, and while actually engaged in,
25 loading or unloading passengers. No taxicab or other authorized demand- response
26 service vehicle shall be placed in or shall occupy a taxi zone except for the purpose of
27 being held forth for hire.
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1 (b) Taxicabs or other authorized demand - response service vehicles shall be placed in
2 taxi zones only at the rear (approach) end and shall be moved toward, and to the front
3 of, taxi zones immediately if space is available or when space becomes available by the
4 departure or movement of preceding vehicles. Nothing contained herein shall prohibit
5 a driver from removing his vehicle from a taxi zone regardless of the position or place
6 of the vehicle in such zone.
7 Sec. 34 -42. Rates of fare.
8 (a) An operator shall not charge a fare for operating a vehicle in the city except as
9 provided for in this chapter. A holder may propose a change in the rates of fare by filing
to the proposal with the administrator for consideration by the board of directors.
11 (b) The board of directors shall hold a hearing to consider the proposed change in rates
12 of fare. After the hearing, the board of directors may approve, disapprove, or modify
13 the proposed change.
14 (c) The board of directors shall annually review the maximum ceiling rates as provided
15 for in this chapter to determine the appropriateness of each rate.
16 Sec. 34 -43. Rates and additional charges.
17 (a) It shall be unlawful for any person owning, operating, driving or in charge of any
18 ground transportation service vehicles for hire in the city to drive or operate such
19 vehicle, or to use or advertise in connection therewith the word "taxi," "taxicab," "or
20 "cab," unless such vehicle is equipped with a taximeter according to the provisions of
21 this chapter.
22 (b) Meter rates shall be used exclusively by all taxicabs or other demand - response
23 service vehicles, excluding waiting time, except as otherwise provided in this section.
24 The minimum or maximum rates (according to class of service) shall apply to all
25 ground transportation service vehicles permitted or operating within the city limits
26 effective as of the date of this chapter:
27 (1) Exclusive ride.
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i a. Taxicab Ceiling rate; No more than a ceiling rate of:
2 1. Initial meter charge... $2.00
3 2. Charge per mile.......... 1.60
4 b. Livery vehicle and premium taxicab Minimum Rate; Not less than a minimum rate
5 of:
6- 1. Initial meter charge... $5.00
7 2. Charge per mile.......... 2.50
8 c. All other demand - response ground transportation service providers; Not less than a
9 minimum rate of:
10 1. Initial meter charge... $5.00
11 2. Charge per mile.......... 2.50
12 (2) No more than two dollars ($2.00) per additional person shall be charged.
13 (3) Waiting time ceiling rate shall not exceed twenty -two dollars ($22.00) per hour.
14 (4) A surcharge of two dollars ($2.00) may be charged to each load for trips
15 originating at the Little Rock National Airport only.
16 The meter shall be turned on once the passenger enters the vehicle and before the trip
17 begins. Passengers shall pay only the fare which appears on the meter. If no fare
18 appears on the meter, the passenger's ride shall be free, except as provided in
19 subsection (g) of this section and excluding waiting time.
20 (c) An airport shuttle service shall charge a minimum per person flat fare rate of
21 $13.00. The airport shuttle service may charge a group fare rate of $30.00 for families of
22 six (6) or more persons. The airport shuttle service fare structure shall apply to all fares,
23 including the three (3) fixed routes to specific hotels within specific areas, as approved
24 by the city. Rates, schedules and routes shall be posted prominently at the Little Rock
25 National Airport. Rates, schedules and routes shall also be posted at participating hotels
26 or available to passengers upon request. Rates, schedules and routes, and any
27 subsequent changes thereafter, shall be approved and filed with the administrator.
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1 (d) The limousine fare shall be a minimum fee of $50.00 per hour with a minimum of
2 two (2) hours for rental of the vehicle and the service of its driver. Limousine fares shall
3 be approved by the board of directors. No soliciting or street -side pick -ups of
4 passengers are allowed.
5 (e) The luxury vehicle fare shall be a minimum fee of $30.00 for the first hour and
6 $25.00 for each additional hour thereafter, with a minimum of one (1) hour for rental of
7 the vehicle and the service of its driver. Luxury vehicle fares shall be approved by the
s board of directors. No soliciting or street -side pick -ups of passengers are allowed.
9 (f) A "special event rate" may be charged to passengers traveling to and from events of
10 five thousand (5,000) or more people. This special event rate shall be a per person rate.
11 (g) Under the share ride, a maximum of three (3) pickups at different locations shall be
12 permitted; after which all parties must reach their destination before additional pickups
13 can be made.
14 (h) At no time shall any person operating a courtesy vehicle collect a fare or other form
15 of compensation from a passenger for transportation services. Courtesy vehicles shall
16 prominently display in each vehicle a statement clearly indicating transportation of
17 patrons is at no charge. Nothing in this article is intended to preclude voluntary tipping.
is (i) Specialized transportation service operators may collect a fare based on a $10.00
19 minimum charge. Such fares shall be approved by the board of directors. The owner
20 may enter into fixed rate, fixed term contracts negotiated between any third party or
21 parties, provided that such contracts have a term of not less than ninety (90) days. The
22 contract shall be for the provision of transportation on a per passenger flat rate basis
23 and shall be filed with the administrator as a matter of record.
24 0) An operator may make special contractual arrangements with persons at fares other
25 than those set forth by this article; provided, however, such fares shall not be less than
26 ninety percent (90 %) of the rates required by this chapter. If the contract is for a period
27 longer than thirty (30) days, the contract shall be in writing and a copy thereof filed
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1 with the administrator. Such contractual arrangements shall be entered into before
2 leaving the point of departure.
3 (k) A ground transportation service operator providing ground transportation services
4 pursuant to a contract with any local, state or federal government agency shall not be
5 required to follow the rate provisions set forth in this section.
6 Sec. 34 -44. Display of rate schedule.
7 (a) A taxicab operator shall provide the driver of each taxicab operating under its
8 authority a printed card or sticker containing the approved rates of fare. The form and
9 content of the card or sticker are subject to regulation by the administrator.
10 (b) While operating a vehicle, the taxicab driver shall prominently display the rate card
11 or sticker inside the taxicab in a manner approved by the administrator so that it can be
12 easily read by passengers occupying the taxicab.
13 (c) These signs shall be displayed and shall be identical in all respect to those approved
14 by the administrator. No signs or other matter shall be affixed to the windshield,
15 windows or other parts of the taxicab except as may be authorized by the administrator
16 or required by state or federal law.
17 Sec. 34 -45. Fare collection procedures.
18 (a) It shall be the duty of the driver to call to the attention of passengers the amount
19 registered on the taximeter or rate card for vehicles not equipped with a taximeter, and
20 the taximeter, if the vehicle is so equipped, shall not be changed to the "vacant" position
21 until after the fare is paid.
22 (b) Upon request by a person .paying a fare, the driver shall give the person a legible
23 receipt that indicates the name of the holder under whom the vehicle is operated, the
24 driver's name, vehicle number, an itemized list of charges, total amount of fare paid and
25 the date of payment.
26 (c) An operator shall provide each of its drivers with printed receipt forms adequate
27 for providing the information required in subsection (b) of this section.
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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
4 such operator in accordance with standards adopted in subsection 34- 38(d)(3). The
5 application shall set forth:
6 (a) That the applicant is in compliance with the statutes of the State of Arkansas and
7 the United States, and the ordinances, rules and regulations of the city pertaining to the
8 operation of ground transportation service vehicles;
9 (b) The number of ground transportation service vehicles operated by the applicant;
10 (c) The number of additional vehicles requested by the applicant;
11 (d) The facts which constitute public convenience and necessity justifying the
12 additional service.
13 Upon the filing of such application, a hearing regarding the application shall be
14 conducted by the administrator. All persons interested in or affected by such
15 application may appear in person or by representatives at such hearing and introduce
16 evidence and be heard in support of, or in opposition to, such application. The
17 administrator shall make a recommendation to the board of directors regarding the
18 application.
19 Sec. 34 -47. Increase in number of ground transportation service vehicles by ordinance
20 or resolution; judicial review of necessity.
21 After a hearing concerning the application for additional ground transportation service
22 vehicles, the board of directors shall determine whether public convenience and
23 necessity require additional service. If the board of directors determines that the public
24 convenience and necessity require additional service, it shall by appropriate ordinance
25 or resolution, authorize the applicant to put into operation additional vehicles in any
26 number not to exceed the number requested in the application; provided, however, that
27 no such ordinance shall be adopted with an emergency clause, and additional vehicles
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shall not be placed in service until after ten (10) calendar days from the effective date of
2 such ordinance or resolution to provide for judicial review of the determination of the
3 board of directors as to convenience and necessity for the additional service.
4 Secs. 34- 48- 34 -58. Reserved.
5
ARTICLE IV. TAXIMETERS
6 Sec. 34 -59. Design and testing of taximeters.
7 (a) The administrator shall designate and approve the type of taximeter to be used.
8 (b) A taximeter shall accurately register in legible figures total miles, paid miles,
9 number of fare units, number of trips, total fares and extra units. Figures denoting each
10 passenger's fare shall be illuminated when the taximeter is activated.
11 (c) A taximeter shall be equipped to indicate whether the taxicab is engaged or vacant.
12 (d) Taximeters shall be installed as approved by the administrator and shall be placed
13 in the driver's compartment with the face of such taximeter upon which the fare is
14 recorded directed toward the passenger compartment, so positioned as to be wholly
15 visible and clearly discernible by a passenger sitting in any of the rear seats. The face of
16 the dial of every taximeter shall be illuminated so that the figures may be read by any
17 passenger.
18 (e) No ground transportation service vehicles shall be operated until the taximeter
19 therein has been first inspected, tested, approved and the seal checked by the
20 administrator. Said taximeter shall be accurate and in conformity with the specifications
21 fixed by the administrator. Sealing shall be accomplished as follows:
22 (1) The meter mechanism shall be sealed within the case.
23 (2) Driving equipment shall be sealed at the upper end of the meter bracket.
24 (f) No operator shall permit anyone to drive or operate a ground transportation service
25 vehicle if the taximeter has not been duly tested, inspected, sealed and approved as
26 required by this section. It shall be unlawful to change the size of the wheels or tires of
27 any ground transportation service vehicle, or the gears operating the taximeter, from
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1 one (1) ground transportation service vehicle to another, unless the taximeter is again
2 tested, inspected, sealed and approved before being used.
3 (g) Re- inspection. Whenever a taximeter has been damaged or repaired, or any of the
4 official security seals have been broken, such device shall not thereafter be used until it
5 has been officially examined and re- approved.
6 (h) A holder shall cause each taximeter in ground transportation service vehicles
7 operating under its authority to be maintained in proper operating condition. Every
8 taximeter shall be inspected, sealed and certified at installation, at change in rate, and
9 within one (1) year of the last inspection, and otherwise as is required by this chapter. A
10 certificate of inspection shall be issued by a qualified repair service approved by the
11 administrator. A -copy of the certificate of inspection shall be forwarded to the
12 administrator. Upon each inspection, the certificate shall include:
13 (1) The identifying number of the taximeter;
14 (2) The make, model, serial number and license number of the ground transportation
15 service vehicle in which the taximeter is installed;
16 (3) The name of the ground transportation service vehicle's company or association;
17 (4) The date of inspection;
18 (5) A certification that the taximeter has been inspected and approved as operating
19 within the limits of accuracy specified by the administrator;
20 (6) The signature of the individual making the certification.
21 (i) The administrator may order a taximeter to be tested at any time, and a holder shall
22 make the vehicle available for testing when so ordered. The actual cost of such tests and
23 inspections shall be borne by the holder.
24 Sec. 34-60. Reserved.
25
ARTICLE V. RESERVED
26 ARTICLE VI. AIRPORT TERMINAL SERVICE
27 Sec. 34 -73. Control and jurisdiction.
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1 The Little Rock Municipal Airport Commission is hereby granted administrative
2 control and jurisdiction over airport terminal service as defined in this chapter.
3 Secs. 34- 74- 34 -84. Reserved.
4 ARTICLE VII. PUBLIC TRANSIT SYSTEM
5 Sec. 34 -85. Control and jurisdiction.
6 The Central Arkansas Transit Authority (the "authority") is hereby granted the sole
7 and exclusive control and jurisdiction over the public transit system.
8 Secs. 34- 86-- 34 -96. Reserved.
9 ARTICLE VIII. SPECIALTY TRANSPORTATION
10 Sec. 34 -97. Control and jurisdiction.
11 The board of directors may grant by resolution one or more franchises for the
12 operation of specialty transportation as defined by this article. Said specialty
13 transportation shall operate for the purpose of transporting passengers for hire along a
14 specified route(s); provided, that the duration, terms, rates, conditions and procedures
15 for granting and operating such franchise(s) are clearly stated in the franchise
16 agreement and are fair, reasonable and in the public interest as determined by the board
17 of directors.
18 Secs. 34 -98 -34 -100. Reserved.
19 ARTICLE IX. HORSE -DRAWN VEHICLES
20 Sec. 34 -101. Short title.
21 The city transportation code shall be amended to add this article which shall be known
22 as the'Horse -Drawn Vehicles Code."
23 Sec. 34 -102. Definitions.
24 The following words and phrases, when used in this article, shall have the following
25 meanings:
26 Certificate holder means any person holding one (1) or more certificates of convenience
27 and necessity issued by the board of directors for the operation of horse -drawn vehicles.
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1 Director means the director of the parks department, or his designee.
2 For hire means the provision of services, or the offering of the services, of a horse -
3 drawn vehicle for the payment of money or other consideration.
4 Horse -drawn vehicle means a wagon, coach or other vehicle which is powered in whole
5 or in part by one (1) or more equine animals, but does not include such a vehicle that is
6 used only as part of a properly permitted parade.
7 Person means any person, firm, corporation, partnership, entity, or association of
8 persons of any kind.
9 Sec. 34 -103. Application for certificate of convenience and necessity— Requirements.
10 Unless otherwise authorized by the board of directors, there shall only be three (3)
11 certificates of convenience and necessity granted for the operation of horse -drawn
12 carriages in the city. An application for a certificate of convenience and necessity shall
13 be addressed to the director. This application shall be in writing, verified by the
14 affidavit of the applicant, or if the applicant is a corporation, partnership, entity, or
15 association of persons of any kind, by its duly authorized officer or agent, and shall
16 provide the following facts and any other information required by regulations
17 promulgated by the director:
18 (1) The full name and address of:
19 a. The applicant if the applicant is an individual.
20 b. Each partner if the applicant is a partnership.
21 c. Each officer and director if the applicant is a corporation, entity, or association of
22 persons of any kind.
23 (2) What, if any, previous experience the individual applicant, or if the applicant is a
24 partnership, the partners, or if the applicant is a corporation or other association
25 of persons, the officer and directors have had in horse -drawn vehicle operations.
26 (3) The number of such vehicles the applicant desires to operate.
27 (4) The passenger capacity of each vehicle.
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1 (5) The insurance to be carried, the amount of the insurance and the name and address
2 of the company issuing the policy.
3 Sec. 34 -104. Issuance of a certificate of convenience and necessity.
4 (a) The director may issue any or all of the three (3) certificates of convenience and
5 necessity authorized by this article if it is determined that the application is in
6 compliance with the terms and conditions set forth in section 34 -113, as long as once a
7 year the director submits a resolution for board approval that ratifies the issuance or
s renewal of the certificate. If the certificate is issued prior to the adoption of such a
9 resolution, the applicant may operate at its own peril if it is otherwise in compliance
to with all terms and conditions of this article and the attached rules and regulations, as
11 long as the applicant agrees immediately to cease operations should the board of
12 directors fail to ratify the issuance, or the renewal, of a certificate of convenience and
13 necessity.
14 (b) If the director denies an application for a certificate of convenience and necessity,
15 the applicant may appeal to the board of directors by filing an appeal with the city clerk
16 no later than three (3) days after receipt of notice from the director that the application
17 has been denied. The board shall hold a public hearing on whether to grant the
18 certificate, and shall determine whether the applicant has met all of the criteria set forth
19 in this article. Notice of the public hearing shall be provided to the applicant at least
20 three (3) business days before the hearing, and shall be noted on the agenda for the
21 board meeting at which it is scheduled. The time and place of the hearing, and the
22 manner by which it shall be conducted, shall be determined by the board of directors.
23 The board may deny the application for a certificate of convenience and necessity if it
24 determines that:
25 (1) The applicant is not in compliance with the terms and conditions of this article;
26 (2) The applicant has failed to comply with the terms and conditions of similar
27 ordinances, rules or regulations in other cities;
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1 (3) The applicant has ever been convicted of any federal, state, or local law or
2 regulation designed to prevent cruelty to animals, even if such conviction has been
3 expunged because of the successful completion of a period of probation;
4 (4) The applicant has ever failed to fulfill any financial obligations associated with the
5 operation of a horse -drawn carriage attraction, the care of the horses, the payment of
6 license or inspection fees, or the payment of legitimate claims against the applicant
7 arising out of the operation of a horse -drawn carriage; or
8 (5) The board determines that at the time of the application, an additional certificate of
9 convenience and necessity would not be in the best interests of the city.
io Sec. 34 -105. Procedure to increase the number of certificates.
i i (a) Only the board of directors has the authority to increase the number of certificates
12 of convenience and necessity authorized by this article. Upon an application for such an
13 increase, the board shall first direct the city manager, after consultation with the
14 director, to determine if a need exists for additional certificates. If the city manager
15 concludes that an increase in certificates is appropriate, the board shall be provided
16 with a report to that effect which sets forth the manager's findings. If the board agrees
17 that additional certificates are appropriate, then it shall schedule a public hearing to
18 discuss the issue. The time, place and manner of the hearing, and the manner in which
19 the hearing. is conducted, shall be determined by the board of directors provided the
20 hearing must have been advertised at least once in a daily newspaper no less than seven
21 (7) nor more than fourteen (14) days prior to the date set for the hearing.
22 (b) If the city manager concludes that an increase in certificates is not appropriate, the
23 board shall be provided with a report to that effect which sets forth the basis for the
24 manager's conclusions. This report shall be made during a regular meeting of the board
25 of directors and notice that the report is being presented shall be advertised at least
26 once in a daily newspaper no less than seven (7) nor more than fourteen (14) days prior
27 to the presentation of the report. Copies of the report shall be available to the public no
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1 less than two (2) business days prior to the hearing. After receiving the report, the board
2 shall permit time for interested parties to comment upon the manager's conclusions. If
3 the board, after receiving the report and any comments, decides to consider the
4 issuance of additional certificates, then it shall set an additional public hearing, to be
5 held during a regular meeting of the board of directors, to discuss the following issues:
6 (1) Whether the demands of the public require the proposed or additional horse -drawn
7 vehicle service within the city, or in any particular part of the city.
s (2) Whether the existing service is sufficient to properly meet the demands and needs
9 of the public.
10 (3) Whether any identified applicant for an additional certificate is financially
11 responsible.
12 (4) Whether increased traffic congestion on the streets will result by the increase of
13 additional certificates, or whether the safe use of the streets by the public, both
14 vehicular and pedestrian, will be preserved by the grant of any additional certificate.
15 (5) Whether any other factor, deemed relevant by the board of directors, suggests that
16 the issuance of, or refusal to issue, additional certificates is advisable or necessary.
17 Sec. 34 -106. License fees and requirement to display license.
18 The annual license fee for a certificate of convenience and necessity is thirty dollars
19 ($30.00) for each vehicle. This license and attachments shall be in the possession of the
20 operator of the horse -drawn vehicle at all times when the vehicle is on a public right -of-
21 way. If any license is issued after the first day of June in any license year, the applicant
22 shall pay a license fee of one -half (1/2) of the above mentioned sum for the remainder of
23 the license year. This license fee shall be due and payable on the first day of January of
24 each year, and shall expire one (1) year thereafter, but the license shall be renewed from
25 year to year, upon the payment of the required fee.
26 Sec. 34 -107. Discontinuance of service — Transfer of certificates.
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1 (a)Any person licensed to operate horse -drawn vehicles who intends to discontinue
2 the use of any or all vehicles with a certificate of convenience and necessity shall
3 immediately file with the director a statement, verified by affidavit, of the number of
4 vehicles to cease operation, and the reasons for such action. The failure to file this
5 statement within one (1) business day from the day use of the horse -drawn vehicle is
6 discontinued shall lead to suspension of any other permits issued to the certificate
7 holder. The withdrawal of any vehicle from operation, for the purpose of
s conditioning, overhauling or repairing shall not be considered discontinuing
9 operation under this section. If proper notice is given that use of a particular horse -
10 drawn vehicle will be discontinued, and if a substitute vehicle complies with the
11 provisions of this article, then the director shall transfer the certificate of convenience
12 and necessity to the new vehicle.
13 (b) No holder of a certificate of convenience and necessity may sell, assign, lease or
14 otherwise transfer the rights and privileges granted thereunder to any other person
15 without first having been granted written permission to do so by the board of directors.
16 Sec. 34 -108. Revocation or suspension of certificate of convenience and necessity and
17 licenses.
18 (a) Any certificate of convenience and necessity and horse -drawn vehicle licenses
19 which have been issued to any person may be suspended by the director upon a
20 reasonable belief that there is good cause for such a suspension, and may be revoked
21 after a public hearing on the issue has been held. Except for suspension because of
22 issues of public safety, any revocation shall be effective upon the expiration of three (3)
23 days after the mailing of such notice to the certificate holder. For revocations based
24 upon public safety violations, the revocation shall be effective immediately upon such a
25 finding by the director, provided written notice is promptly mailed to the certificate
26 holder. In addition to public safety concerns, and the other reasons set forth in this
27 article, the director may revoke a certificate of convenience and necessity if the
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1 certificate holder has failed, or shall fail, to file with the Secretary of State any report
2 required by Arkansas law.
3 (b) Any person whose certificate of convenience and necessity or horse -drawn vehicle
4 license has been revoked by the director may appeal such revocation to the board of
5 directors by giving notice in writing to the director within ten (10) days of the date of
6 mailing of such notice to the certificate holder as set out above, provided that the
7 certificate holder shall not be permitted to operate during the pendency of an appeal if
8 the revocation is based upon a public safety violation.
9 (c) Notice of suspension shall be sent by registered mail, return receipt requested, to
to the listed office of the certificate holder. A copy of the suspension shall be provided to
I t the chief of police, and shall be publicly posted at the office of the director. In addition,
12 the director shall attempt to contact the certificate holder by telephone, or telefacsimile,
13 on the date the suspension is issued,
14 Sec. 34 -109. Safety and health.
15 (a) All carriages shall display the international sign for slow- moving vehicles on the
16 rear of such vehicle.
17 (b) All restrictions and requirements for motorized vehicles contained in city
18 ordinances and state statutes shall apply to horse -drawn vehicles except those which by
19 the nature of horse -drawn vehicles, could have no application.
20 (c) No horse -drawn vehicle shall operate during non - holiday weekday rush hours of
21 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m.
22 (d) No child under the age of twelve (12) years old may ride in a horse -drawn vehicle
23 unless there is also in that vehicle a supervising adult (a person at least eighteen (18)
24 years of age who has charge of the child or children). The supervising adult is
25 responsible for maintaining control over the child at all times; failure to do so will be
26 grounds for the operator of the vehicle to stop the vehicle at the nearest safe place and
27 require the adult and all children accompanying that person to leave the vehicle.
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1 (e) Each certificate holder is required to have and maintain an office within Pulaski
2 County to which can be directed any reports of lost articles, complaints, inquiries, and
3 related matters, and shall maintain a listing in such business directories as are
4 commonly available to the public.
5 Sec. 34 -110. Insurance required— Accident/incident report.
6 (a) Every applicant for a license to operate a horse -drawn vehicle, whether the vehicle
7 is to be operated by the owner or some other person, in addition to the other
8 requirements of this chapter shall maintain and file with the director for each vehicle to
9 be operated a policy of commercial general liability insurance which meets the
io requirements of this chapter and any applicable regulations promulgated by the
11 director.
12 (b) Insurance required by this part shall be carried in a firm which has been duly
13 licensed or permitted to do an insurance business in the state, and shall be kept and
14 maintained continually in force and effect so long as the applicant shall be licensed to
15 operate vehicles on the streets of the city.
16 (c) Insurance as required herein shall be a policy of liability insurance in the sum of
17 three hundred thousand dollars ($300,000.00) because of bodily injury per person in any
18 one (1) accident, with an aggregate of six hundred thousand dollars ($600,000.00) per
19 incident.
20 (d) There shall be attached to all liability insurance policies issued pursuant to the
21 requirements of this part, the following endorsement, or its equivalent:
22 "In consideration of the premium stated in the policy to which this endorsement is
23 attached, the company hereby waives a description of the vehicles to be insured
24 hereunder and agrees to pay any final judgment for personal injury, including death,
25 resulting therefrom, or damage to property, caused by any and all vehicles or equine
26 animals operated by the assured pursuant to the horse -drawn vehicle license issued by
27 the City of Little Rock, within the limits set forth in the schedule shown hereon, and
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1 further agrees that upon its failure to pay any such final judgment, the judgment
2 creditor may maintain an action in any courts of competent jurisdiction to compel such
3 payment. Nothing contained in the policy or any endorsement thereon, nor the
a violation of any of the provisions thereof by the assured, shall relieve the company from
5 liability hereunder or from the payment of such judgment. The policy to which this
6 endorsement is attached shall not expire, nor shall cancellation take effect until after ten
7 days' notice in writing by the company shall have been given to the Director of the
8 Parks Department in the City of Little Rock at its office in City Hall, said ten days notice
9 to commence to run from the date notice is actually received at the office of the Director.
to Attached to and forming a party of policy number issued by Company to
11 "
12 (e) The certificate holder, on or before the fifth day of each month, shall file with the
13 director a report showing the number of accidents or incidents, if any, in the preceding
14 month, in which any horse -drawn vehicle or equine animal owned and /or operated by
15 him was involved, the nature of the damage, if any, to person or property resulting
16 therefrom, the name and address of all persons who have outstanding claims because of
17 any horse -drawn vehicle accident, or because of any incident in which a person was
18 kicked, bitten, or stepped on by the equine animal in such a manner as to cause injury to
19 the person, and whether any claims were settled during the preceding month.
20 (f) The failure to file the required report within the time provided for, or the filing or
21 causing or intentionally permitting the filing or causing the filing of a false report, shall
22 be a violation of this article and shall also be grounds for suspension and revocation of
23 the certificate holder's certificate of convenience and necessity.
24 (g) If any policy of insurance covering any or all of the vehicles, authorized to be
25 operated under a certificate of convenience and necessity expires, and the operator fails
26 to replace it immediately with another policy of insurance fully complying with the
27 provisions of this article, the certificate of convenience and necessity and the
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1 licenses issued thereunder shall be ipso facto suspended. The certificate of convenience
2 and necessity may be reinstated by the board of directors upon application, with or
3 without a hearing, upon compliance in full with all the provisions of this article. If the
4 board of directors reinstates the certificate of convenience and necessity, the director,
5 upon notice from the board, shall reinstate the license.
6 (h) It shall be unlawful for any person to operate or cause to be operated any horse-
7 drawn vehicle for hire upon any public street in the city unless the required policy of
8 insurance for the vehicle shall have been filed with the director, and shall be in full force
9 and effect.
10 (i) In the event of any final judgment against the owner or operator of any horse -
11 drawn vehicle for injury to or death of, any person, or damage to property from the
12 negligence of the owner or operator or for any reason regardless of fault, remaining
13 unsatisfied for a period of thirty (30) days, the board of directors, upon complaint of the
14 owner of the judgment, or of any other person shall forthwith revoke the certificate of
15 convenience and necessity and all vehicle licenses of the owner or operator.
16 Sec. 34 -111. Stops and stands.
17 (a) The director, with the approval of the director of the public works department,
18 parking division, if in the public right -of -way, is authorized and empowered to
19 establish designated stops and stands for horse -drawn vehicles, and to issue permits for
20 such stands.
21 (b) For the purpose of taking on and discharging passengers, a horse -drawn vehicle
22 shall stop at the far corner of all intersections, and while so stopped shall keep as close
23 to the right -hand curb as practicable, and shall take on and discharge passengers as
24 quickly as possible, so as not to unreasonably interfere with traffic.
25 Sec. 34 -112. Teasing or harassment of equine animals prohibited.
26 It shall be unlawful for any person to tease, torment, or otherwise harass any equine
27 animal being used as a draft animal under the terms of this article. Prohibited activity
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1 shall include, but not be limited to, striking, kicking, or throwing objects of any type at
2 the animal, or taking any action with the purpose of spooking, stampeding or startling
3 the animal.
4 Sec. 34 -113. Special provisions for specialty horse -drawn vehicles.
5 (a) A certificate of convenience and necessity is not required for a horse -drawn
6 carriage that is used only for specialty rides. A specialty ride is a ride that occurs on a
7 special occasion, such as a wedding, and the operator of the vehicle does not operate
8 more than four (4) times a week in any given week. Notwithstanding the fact a
9 certificate is not required, a horse -drawn vehicle operator who provides specialty rides
10 shall:
11 (1) Comply with all other provisions of this article, including but not limited to
12 insurance requirements, and the applicable rules and regulations for horse -drawn
13 vehicles;
14 (2) Be accompanied by a following vehicle that protects the horse -drawn vehicle from
15 traffic;
16 (3) Obtain a city business license for this service; and
17 (4) Agree immediately to cease operations if the director, upon reasonable belief,
18 notifies the operator that the right to operate on the streets of the city has been
19 suspended because of a violation of the applicable regulations approved by this article.
20 (b) If a person operating under this section is notified by the director to cease
21 operations, and the person wishes to appeal that decision, the procedure set forth in
22 section 34 -108 [shall be followed].
23 Sec. 34 -114. Initial rules and regulations.
24 (b The initial set of regulations shall be according to the attachment to this article.
25 Nothing in the inclusion of these initial regulations prohibits the director from
26 amending, deleting, or adopting additional regulations as set forth in this article,
27 provided that before the end of any year in which such changes have been made, the
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1 board of directors shall, by ordinance, incorporate these changes as a part of this
2 Code.
3 (b) The initial rules and regulations are as follows:
a
CITY OF LITTLE ROCK
5 DEPARTMENT OF PARKS AND RECREATION
6 REGULATIONS FOR HORSE -DRAWN CARRIAGES
7
SECTION 1. GENERAL.
8 The Director of the Department of Parks and Recreation promulgates these regulations
9 under the authority granted in Little Rock, Ark., Ordinance No. 18,192 (January 11,
10 2000), as amended. The purpose of these rules and regulations are to aid in the
i i implementation, interpretation and enforcement of the Ordinance to Permit Operation
12 of Horse -Drawn Carriages in Little Rock.
13 SECTION 2. DEFINITIONS.
14 The following words and phrases, when used in this chapter, shall have the following
15 meanings:
16 A. "Certificate holder" means any person holding one or more certificates of
17 convenience and necessity issued by the Board of Directors for the operation of horse -
18 drawn vehicles.
19 B. "Director' means the Director of the Parks Department, or his designee.
20 C. "For hire' means the provision of services, or the offering of the services, of a horse -
21 drawn vehicle for the payment of money or other consideration.
22 D. "Horse -drawn vehicle" means a wagon, coach or other vehicles, which are powered
23 in whole or in part by one or more equine animals, but does not include such a vehicle
24 that is used only as part of a property permitted parade.
25 E. "Leather Diaper" means a manure bag, often made of synthetic leather, that is
26 attached to the shafts on one end and to the breeching on the horse harness on the other
27 end. Most of weight of the diaper is borne by the shafts rather than the horse.
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I F. 'Person" means any person, firm, corporation, partnership or association of persons
2 of any kind.
3 SECTION 3. APPLICABILITY.
4 These regulations shall apply to horse -drawn vehicles for hire in the City of Little
5 Rock.
6 SECTION 4. APPLICATION FOR CERTIFICATE OF CONVENIENCE AND
7 NECESSITY.
8 An application for a certificate of convenience and necessity shall be addressed to the
9 Director. This application shall be in writing, verified by the affidavit of the applicant,
10 or if the applicant be a corporation, partnership or association of persons of any kind by
11 its duly authorized officer or agent, and shall state the following facts:
12 A. The full name and address of:
13 (1) the applicant, if the applicant is an individual;
14 (2) each partner, if the applicant is a partnership; or
15 (3) each officer and director, if the applicant is a corporation, entity or association of
16 persons of any kind.
17 B. What, if any, previous experience the individual applicant, or if the applicant is a
18 partnership, the partners therein have had, or if the applicant is a corporation or other
19 association of persons, the officer and directors have had in horse -drawn vehicle
20 operations;
21 C. The number of such vehicles the applicant desires to operate;
22 D. The passenger capacity of each vehicle;
23 E. The amount of insurance to be carried and the company issuing the policy;
24 F. A full color photograph of the horse and carriage.
25 SECTION 5. SAFETY AND HEALTH.
26 A. All animals used to draw vehicles for hire in the City of Little Rock shall be made
27 available for examination by a veterinarian experienced in the treatment of horses and
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1 mules upon reasonable demand by the Director. Failure to allow such examination shall
2 be grounds for suspension of the operating permit issued hereunder.
3 B. Horse -drawn vehicles shall not operate during the non - holiday weekday rush hours
4 of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. except upon approval of the Board of
5 Directors. Horse -drawn vehicles shall not operate in the River Market Area of
6 downtown on July 4, December 31, or upon specific days as indicated to certificate
7 holders by the Director.
8 C. Each certificate holder is required to have and maintain an office to which can be
9 directed any reports of lost articles, complaints, inquiries, and related matters, and shall
10 maintain a listing in all such business directories as are commonly available to the
11 public.
12 D. Each certificate holder shall maintain an emergency telephone number where the
13 owner or manager may be contracted in case of an emergency.
14 E. The holder of the certificate of convenience and necessity shall have a veterinarian
15 readily available to assist and come to the aid of any injured horse or mule.
16 F. No equine animal teams shall be used in the downtown area for normal rides for
17 hire.
18 G. Each certificate holder shall maintain records of the date and hours worked by each
19 equine animal.
20 H. No equine animal shall work at a pace faster than a walk; a slow trot will be allowed
21 on inclines.
22 SECTION 6. HORSE -DRAWN VEHICLES -
23 MANDATORY EQUIPMENT.
24 A. Each horse -drawn vehicle shall be equipped with electric turn (or emergency
25 flashing lights), tail lights and front lights, which are visible for a distance of 500 feet.
26 B. Each horse -drawn vehicle shall have brakes.
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1 C. Each horse -drawn vehicle shall be equipped with the international sign for slow
2 moving vehicles attached to the rear of the vehicle.
3 D. Each harness shall be equipped with a leather diaper.
4 E. Each operator of a horse -drawn vehicle shall ensure that any feces or urine deposited
5 on the public right -of -way or any private property within the City is cleaned up
6 immediately after such deposit or as soon thereafter as is reasonable.
7 F. No horse -drawn vehicle may carry more passengers than was originally intended.
8 No horse -drawn vehicle shall exceed three times the animal's weight, including the
9 weight of the vehicle and all passengers.
io SECTION 7. HORSE -DRAWN VEHICLE STANDS.
1 i A. The certificate holder shall keep their horse -drawn vehicle stand clean, free of
12 manure and urine at all times. Urine should be diluted with water or water with
13 disinfectant as it occurs.
14 B. Water for the equine animals shall be maintained in full view and all times.
15 C. Stands should have a sign posting the hours of operation whenever possible.
16 D. For the purpose of taking on and discharging passengers, a horse -drawn vehicle
17 shall stop at the far corner of all intersections, and while so stopped shall keep as close
18 to the right -hand curb as practicable, and shall take on and discharge passengers as
19 quickly as possible, so as not to unreasonably interfere with traffic.
20 SECTION 8. CARE AND SHELTER OF EQUINE ANIMALS.
21 A. Equine animals should be wormed regularly, vaccinated for Tetanus,
22 Eastern/Western sleeping sickness and have a negative Coggins test on file with the
23 Certificate holder on an annual basis.
24 B. No equine animal may be used to draw horse -drawn vehicle unless the animal is in
25 good health and the following requirements are met:
26 (1) The equine animal may not have any open sores or wounds, nor may such equine
27 animal be lame or have any other ailments, unless the driver has in the driver's
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I possessions a written statement by a veterinarian that the equine animal is fit for such
2 work, notwithstanding such condition.
3 (2) The hoofs of equine animal must be properly shod. Borium tipped, hardtack,
4 rubber shoes or rubber pads should be utilized to help prevent slipping.
5 C. A veterinarian knowledgeable in the treatment of equine animals shall examine and
6 shall certify the fitness of the equine animal to perform such work prior to its use to
7 draw a horse -drawn vehicle. After the initial examination, the certificate holder will be
8 required to provide the results of annual veterinary examinations to the Director. The
9 equine animal shall be examined for its general physical condition, which is to include
to inspection of teeth, legs, hooves and shoes, cardiovascular exam and for its physical
11 ability to perform the work or duties required of it. The exam shall also include a record
12 of any injury, disease, or deficiency observed by the vet at that time, together with any
13 prescription or humane correction of the same. A health certificate signed by the
14 examining vet shall be kept by the certificate holder and contain the name, age and
15 condition of the equine animal.
16 D. Equine animals used to pull horse -drawn vehicles shall have water made available
17 to them during their work period.
18 E. No equine animal shall work more than eight (8) consecutive hours on pavement for
19 more than five (5) consecutive days. Following each sixty (60) minutes of continuous
20 work the animal shall have a fifteen (15) minute rest period.
21 F. No animal shall be subject to cruel or harassing treatment.
22 G. An equine animal shall not be sold or disposed of except in a humane manner.
23 H. If a horse exhibits signs of a treatable condition making him unfit for work, he shall
24 be placed on rest until the operator can produce such certificates from an approved
25 veterinarian and farrier.
26 SECTION 9. HARNESSES.
27 A. No animal will be worked with a harness or bit that is not safe and humane.
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I B. Harnesses, bridles, bits and padding must be properly fitted and kept in clean and
2 good repair at all times. The harness shall be kept free of makeshifts like wire, rope, and
3 rusty chain.
4 SECTION 10. WEATHER CONDITIONS.
5 A. Owners and drivers shall use caution when working equine animals in adverse
6 weather conditions such as snow, ice, heavy rain or other slippery conditions.
7 B. Horse -drawn vehicles shall not operate when temperature exceeds 93° F, nor in
8 temperature below 32° F. Equine animals shall not be worked when the combined total
9 of temperature (in ° F) and humidity (in percent) less wind speed (in m.p.h.) is above
io 150, only when the temperature is above 80° F.
11 C. During winter months, equine animals stationed outdoors while awaiting
12 passengers shall be covered with a blanket when the temperature is below 36° F. All
13 blankets shall be kept clean at all times.
14 SECTION 11. FEEDING AND CARE.
15 A. Equine animals must receive adequate and substantial feeding daily, which is free
16 from contamination. The feed should be sufficient quantity, nutritive value, and
17 frequency to meet normal daily requirements for the condition and size of animal so as
18 to maintain a healthy flesh. Each stall must contain a clean block of salt at all times.
19 Electrolytes will be added as a daily supplement when the temperature is above 75° F.
20 B. Clean drinking water must be in the stalls and available to the equine animal at all
21 times.
22 C. Box stalls shall be large enough for equine animals to lie down and turn around. The
23 minimum size shall be no less than 12 x 12 feet for draft horses; no tie stalls shall
24 be allowed.
25 D. The operator must make available, upon request by the Director, the premises used
26 to house the horses under the certificate.
27 SECTION 12. DRIVER QUALIFICATIONS AND CONDUCT.
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1 A. Each driver must be at least 18 years of age.
2 B. No commercial driver's license is required, but a valid driver's license in the driver's
3 possession is required during the operation of a horse -drawn vehicle.
4 C. The driver shall obey all traffic laws and regulations of the city and state.
5 D. No driver shall operate a horse -drawn vehicle while under the influence of alcohol
6 or narcotic drugs.
7 E. No person may drink alcohol while such persons operating a horse -drawn vehicle.
8 F. The driver of each horse -drawn vehicle during travel from one -half hour after sunset
9 and one —half hour before sunrise and at all times as conditions for poor visibility exist,
10 shall cause the front and tail lights of the horse -drawn vehicle to be in operation.
11 G. No driver shall permit more passengers in a horse -drawn vehicle than it has been
12 designed for.
13 H. No person shall be permitted to stand or ride on any part of the horse -drawn vehicle
14 while in motion, except seated inside the horse -drawn vehicle. Drivers shall take all
15 necessary precaution to prohibit such activity. All passengers must be seated except
16 when loading or unloading.
17 I. The driver shall at all times be responsible for the proper and humane care and
18 treatment of the equine animal under his or her direct supervision and control.
19 J. Drivers should be in the driver's seat and have driving lines in hand before loading
20 or unloading passengers.
21 Sec. 34 -115. Penalty for violation.
22 In addition to the possible suspension or revocation of a certificate of convenience and
23 necessity, any person who violates or fails to comply with, or who permits or causes
24 any person in his or its employ to violate or fail to comply with any of the provisions of
25 this part, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall
26 be fined in accordance with section 1 -9 of this Code.
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1 Section 2. Severability. In the event any section, subsection, subdivision,
2 paragraph, subparagraph, item, sentence, clause, phrase, or word of this ordinance is
3 declared or adjudged to be invalid or unconstitutional, such declaration or adjudication
4 shall not affect the remaining provisions of this ordinance, as if such invalid or
5 unconstitutional provision was not originally a part of this ordinance.
6 Section 3. Repealer. All ordinances, resolutions, bylaws, and other matters
7 inconsistent with this ordinance are hereby repealed to the extent of such inconsistency.
8 Section 4. Emergency. Since the City's Transportation Code was intended to be a
9 comprehensive codification of ordinances dealing with for -hire transportation within the City of
10 Little Rock, Arkansas, and such regulation is essential to protect the public health, safety and
11 welfare, an emergency is declared to exist and this ordinance shall be in full force and effect from
12 and after the date of this adoption..
13 PASSED: January 20, 2004
14 ATTEST: APPROVED:
15 �n
16
17 Nan y Wood, City Clerk Jim ailey, Mayor
18 APPROVED AS TO LEGAL FORM:
19
21 Thomas M. Carpenter, City Attorney
22
23
24
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30
/
/
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/
//
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