HomeMy WebLinkAbout20044I ORDINANCE NO. 20,044
2
3 AN ORDINANCE TO AMEND CERTAIN SECTIONS OF THE LITTLE ROCK
4 TRANSPORTATION CODE, LITTLE ROCK, ARK., REV. CODE 5 34 -1 TO S 34 -115
5 (1988); TO DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.
6
7 WHEREAS, the Board of Directors of the City of Little Rock, Arkansas, has adopted a
8 comprehensive Transportation Code which governs the operation of vehicles for hire within the
9 corporate limits of the City, and
10 WHEREAS, there is now a desire to amend the Transportation Code.
11 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE
12 ROCK, ARKANSAS:
13 Section 1. Little Rock, Ark., Rev. Code 5 34- 4(1988), Definitions, is hereby amended to add the
14 following definition:
15 "Airport Shuttle Schedule shall mean a fixed pre- approved schedule, traveled by an
16 airport shuttle service vehicle to and from the Little Rock National Airport with
17 predetermined times of departure from the airport to a minimum of three (3) hotels
18 and other listed places of business."
19 Section 2. Little Rock, Ark., Rev. Code 5 34- 4(1988), Definitions, Airport shuttle service, is
20 hereby amended to read as follows:
21 "Airport shuttle service shall mean the operation of an airport shuttle vehicle over an
22 airport shuttle schedule."
23 Section 3. Little Rock, Ark., Rev. Code 5 34- 4(1988), Definitions, is hereby amended to add the
24 following definition:
25 "Demand- response shall mean a response to any call or hail by a passenger for a ride to
26 a destination that has not been pre - arranged or pre- scheduled at least one hour in
27 advance of the pick up."
28 Section 4. Little Rock, Ark., Rev. Code 5 34- 4(1988), Definitions, Demand - response service, is
29 hereby amended to read as follows:
30 "Demand- response service shall mean the provision of a "for- hire" vehicle, which is
31 equipped with a taximeter, responding to a call by a passenger for a ride to a
32 destination, or, alternatively, a passenger being picked -up by a "for- hire" vehicle,
33 which is equipped with a taximeter, and parked in a visible location where potential
34 passengers are expected to congregate."
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Ordinance
Transportation Code Amendments
I Section 5. Little Rock, Ark., Rev. Code § 34- 4(1988), Definitions, Executive sedan, is hereby
2 amended to read as follows:
3 "Executive sedan shall mean a sedan vehicle that has a manufacturer's suggested base
4 retail selling price of not less than that of a Cadillac Sedan de Ville, Lincoln Town Car
5 sedan or similar vehicle, excluding the cost of any manufacturer installed options or of
6 any modifications or conversions that were made by other persons following the
7 original assembly of the vehicle by the manufacturer. An executive sedan shalt be three
8 (3) model years old or newer when initially inspected to be placed into service and
9 shall be removed from service at the end of its eighth model year."
10 Section 6. Little Rock, Ark., Rev. Code § 34- 4(1988), Definitions, For hire, is hereby amended to
11 read as follows:
12 "For -hire shall mean a ground transportation service vehicle which is available for
13 passenger transportation."
14 Section 7. Little Rock, Ark., Rev. Code 5 34- 4(1988), Definitions, Ground transportation service,
15 is hereby amended to read as follows:
16 "Ground transportation service shall mean the transportation of passengers for hire by
17 motor vehicle and by certain other means between points originating or terminating
18 within the corporate limits of the city and shall include all persons providing taxicab
19 service, limousine service, luxury vehicle service, airport shuttle service, courtesy
20 vehicle service, medical transport service, special paratransit service, tour service, and
21 all other pre - arranged and demand - response ground transportation services."
22 Section 8. Little Rock, Ark., Rev. Code 5 34- 4(1988), Definitions, Ground transportation service
23 vehicle, is hereby amended to read as follows:
24 "Ground transportation service vehicle shall mean any "For- hire" vehicle operating in
25 the city, including, without limitation, taxicabs, livery vehicles, premium taxicabs,
26 limousines, luxury vehicles, executive sedans, SUVs, antique vehicles, extended vans,
27 airport shuttles, medical transport vehicles, special paratransit vehicles, and tour
28 service vehicles."
29 Section 9. Little Rock, Ark., Rev. Code 5 34- 4(1988), Definitions, is hereby amended to add the
30 following definition:
31 "Hired shall mean a ground transportation service vehicle which is occupied with a
32 passenger going to a destination requested by the passenger, and the fare is calculated
33 based on mileage traveled or a fixed flat rate."
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Transportation Code Amendments
I Section 10. Little Rock, Ark., Rev. Code 5 34.4(1988), Definitions, Person, is hereby amended to
2 read as follows:
3 "Person shall extend and be applied to firms, corporations, limited liability companies,
4 partnerships, associations, joint ventures, organizations and bodies politic and
5 corporate, or any combination thereof, as well as to individuals."
6 Section 11. Little Rock, Ark., Rev. Code 5 34- 4(1988), Definitions, is hereby amended to add the
7 following definition:
8 "Pre- approved schedule shalt mean a ground transportation service operating on a
9 predetermined schedule with fixed pickup and destination points located on a schedule
10 pre- approved by, and on file with, the administrator."
11 Section 12. Little Rock, Ark., Rev. Code 5 34- 4(1988), Definitions, is hereby amended to add the
12 following definition:
13 "Prearranged, or prescheduled, shall mean an appointment made by a ground
14 transportation service operator with a passenger to provide ground transportation
15 service that was initiated by a person contacting the ground transportation service
16 operator by telephone, correspondence, oral or written communication."
17 Section 13. Little Rock, Ark., Rev. Code 5 34- 4(1988), Definitions, Premium taxicab or livery
18 vehicle, is hereby amended to read as follows:
19 "Premium taxicab or livery vehicle shall mean a sedan -type motor vehicle or
20 SUV equipped with a taximeter and having a seating capacity not in excess of six (6)
21 passengers including the driver and used for the transportation of persons for hire,
22 recognized by the industry as luxury vehicles such as Cadillac and Lincoln, and
23 operating at premium taxicab meter rates. The above vehicles shall be three (3) model
24 years old or newer when initially inspected to be placed into service and shall be
25 removed from service at the end of their eighth model year. The above vehicles shall
26 be deemed to be demand - response service vehicles for purposes of this chapter."
27 Section 14. Little Rock, Ark., Rev. Code 5 34- 4(1988), Definitions, is hereby amended to add the
28 following definition:
29 "Solicit, or Solicitation, shall mean to offer or make available in any way, or to
30 communicate to any person, the availability of ground transportation services."
31 Section 15. Little Rock, Ark., Rev. Code 5 34- 4(1988), Definitions, SUV, is hereby amended to read
32 as follows:
33 "SUV shall mean a vehicle that is classified in the United States Environmental
34 Protection Agency's annual Fuel Economy Guide as a sport utility vehicle that (i) has a
35 passenger capacity of not less than six persons nor more than nine persons, including
36 the driver, and (ii) has a manufacturer's suggested base retail selling price of not less
37 than that of a two wheel drive Ford Expedition, Chevrolet Suburban, or similar vehicle,
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Ordinance
Transportation Code Amendments
I excluding the cost of any manufacturer installed options or of any modifications or
2 conversions that were made by other persons following the original assembly of the
3 vehicle by the manufacturer. An SUV shall be three (3) model years old or newer when
4 initially inspected to be placed into service. Limousines are excluded from the
5 definition of SUV."
6 Section 16. Little Rock, Ark., Rev. Code 3 34- 4(1988), Definitions, Taximeter, is hereby amended
7 to read as follows:
8 "Taximeter, or meter, shall mean a device which mechanically or electronically
9 computes and registers in dollars and cents for viewing by the passenger the fare based
10 upon mileage distance traveled."
11 Section 17. Little Rock, Ark., Rev. Code S 34- 4(1988), Definitions, is hereby amended to add the
12 following definition:
13 "Tour service shall mean the transporting of passengers for hire between points within
14 the city, upon a pre- approved route or routes, for the purpose of providing sight seeing
15 tours of the city, including stops at various points of public interest, and providing for
16 eventual discharge of the passengers at the place of their point of origin upon
17 completion of the tour."
18 Section 18. Little Rock, Ark., Rev. Code 5 34- 4(1988), Definitions, is hereby amended to add the
19 following definition:
20 "Tour service vehicle shall mean a vehicle engaged in the business of transporting
21 passengers for hire in accordance with a prearranged agreement between the tour
22 service operator and the passenger, operated on a pre- approved route or routes
23 throughout any part of the city, when the primary purpose of the passenger riding in
24 such vehicle is touring and sightseeing. Tour service vehicles shall have seating for ten
25 (10) or more passengers, and shall be designed for ease of loading and unloading
26 passengers. Seating and window configuration shall be arranged to provide good
27 outside visibility to each tour patron."
28 Section 19. Little Rock, Ark., Rev. Code 5 34- 4(1988), Definitions, is hereby amended to add the
29 following definition:
30 "Trip sheet shall mean a written directive on company stationary directing the driver
31 of a pre - arranged ground transportation service vehicle to pick up a passenger at a pre -
32 determined location at a certain time."
33 Section 20. Little Rock, Ark., Rev. Code 5 34- 6(1988), Operation of vehicles for hire on airport
34 property, is hereby amended to read as follows:
35 "(a) Except for airport terminal service, the city shall have exclusive
36 jurisdiction over vehicles for hire operating between the airport facilities and a point
37 or points within the city.
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I (b) Nothing in this section prohibits the city from contracting with the airport
2 commission to permit the commission to oversee the operation of vehicles for hire on
3 airport property.
4 (c) Unless the city manager elects to provide a taxicab starter, the airport
5 commission may employ a taxicab starter to be responsible for the supervision of
6 vehicles for hire on airport property, provided that this supervision is consistent with
7 the terms of this chapter and, that any hearings required by this chapter shall be
8 conducted by the city, unless such authority to conduct hearings is expressly delegated
9 by ordinance to the airport commission by the city.
10 (d) A taxicab starter shall have authority to:
11 (1) Regulate which taxicab drivers may enter the line waiting to pick
12 up passengers for transportation;
13 (2) Request any driver to leave the line;
14 (3) Refuse to place passengers; and
15 (4) Report violations to the administrator or to appropriate law enforcement
16 officials. (e) It shall be unlawful for any ground transportation service
17 serving the airport to solicit patrons desiring ground transportation services.
18 Inquiries for general assistance may be extended to patrons as a business
19 courtesy."
20 Section 21. Little Rock, Ark., Rev. Code 5 34- 19(f)(1988), General Rules of Operation, Office
21 required, is hereby amended to read as follows:
22 "(f) Office required. Each ground transportation service operator shall
23 maintain a central place of business, in an area zoned for such, for the purposes of
24 receiving calls and dispatching vehicles. With the exception of taxicab operators, livery
25 vehicle operators and premium taxicab operators, such place of business shall be open
26 and staffed for a minimum of twenty -four (24) hours a day, five (5) days a week,
27 provided, however, a person that operates a limousine service, a luxury vehicle
28 service, or a specialized transportation service may maintain such an office that is
29 open a minimum of eight (8) hours each day if such person also maintains an answering
30 or other call intake service that is available a minimum of twenty -four (24) hours a day,
31 five (5) days a week. With respect to taxicab operators, livery vehicle operators and
32 premium taxicab operators, such place of business shall be open and staffed for a
33 minimum of twenty -four (24) hours a day, seven (7) days a week. Each ground
34 transportation service operator shall file and keep current with the administrator, the
35 address and telephone number of said place(s) of business."
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I Section 22. Little Rock, Ark., Rev. Code 5 34- 19(8)(1988), General Rules of Operation, Hotel
2 routes, is hereby amended to read as follows:
3 "(g) Airport shuttle schedules. There shall be established no more than three
4 (3) airport shuttle schedules for an airport shuttle service. The minimum and maximum
5 rates for this service shall be determined on a periodic basis by the board of directors
6 after a hearing on the issue. Each airport shuttle schedule, and the predetermined
7 departure times of an airport shuttle vehicle from each stop on the airport shuttle
8 schedule, shall be pre- approved by the administrator and made an exhibit to this
9 Code."
10 Section 23. Little Rock, Ark., Rev. Code 5 34- 20(a)(1)(1988), Insurance, is hereby amended to
11 read as follows:
12 "(a) Insurance requirement. No person, firm or corporation authorized by a permit
13 pursuant to this chapter may operate a vehicle for the transportation of passengers
14 within the city, without first securing, and maintaining in force at all times, a
15 commercial auto liability insurance policy issued by a company authorized to do
16 business in the state covering each vehicle to be used for the transportation service
17 and in the following amounts:
18 (1) For taxicab franchises, livery vehicles, and premium taxicabs existing after the
19 effective date of this chapter and all executive sedans and antique vehicles: Two
20 Hundred Fifty Thousand dollars ($250,000.00) for the injury or death of any one (1)
21 person and subject to that limit for each person; Five hundred thousand dollars
22 ($500,000.00) total liability for any one (1) accident; and Two Hundred Fifty Thousand
23 dollars ($250,000.00) for each accident regarding damage to property, with a maximum
24 of Fifty Thousand dollars ($50,000.00) deductible coverage per incident. Said
25 insurance in effect shall be for demand - response service vehicles, not scheduled or
26 routed service vehicles."
27 Section 24. Little Rock, Ark., Rev. Code 5 34 -25 (1988), Driver Conduct, is hereby amended to
28 read as follows:
29 "(a) It shall be unlawful for any driver permitted pursuant to this chapter
30 while on duty to drink any intoxicating liquor or be under the influence of any
31 controlled substance, to shout, solicit, or call to prospective passengers, or to disturb
32 the peace in any way.
33 (b) It shall be unlawful for any driver permitted pursuant to this chapter to
34 smoke in any permitted ground transportation service vehicle."
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I Section 25. Little Rock, Ark., Rev. Code 5 34 -26 (1988), Apparel to be worn by drivers, is hereby
2 amended to read as follows:
3 "Each permit holder shall have company dress standards for drivers employed
4 by or contracting with the permit holder. The driver shall adhere to the company dress
5 standards. These standards shall be kept on file with the director and shalt include the
6 following:
7 (a) A driver may not wear:
8 (1) Cut -off pants, shorts, shortsets, or sweat pants:
9 (2) Tank tops, halter -tops, collarless shirts, or sleeveless shirts.
10 (3) Outer apparel made of fishnet or undergarment material.
11 (b) Shoes must be worn at all times in the manner for which they were
12 designed. A driver may not wear shoes or sandals without socks or hosiery and may not
13 wear beach or shower thongs.
14 (c) Shirts with shirt -tails must be tucked in.
15 (d) A driver and the drivers clothing shall conform to basic standards of
16 hygiene and shall be neat, clean and sanitary at all times."
17 Section 26. Little Rock, Ark., Rev. Code S 34- 38(a)(1988), Authority of director and
18 administrator; operator's and driver's permits, prerequisites; general prohibition; grounds for
19 suspension or revocation of permit, Authority of the administrator, is hereby amended to delete the
20 following:
21 "(2) The administrator shall promulgate rules and regulations to govern the
22 ground transportation service business, which shall deal with, but shall not be limited
23 to, the operation and maintenance of motor vehicles, safety equipment, the keeping of
24 a manifest, the providing of services, the loading and the unloading of passengers, and
25 the holding of hearings."
26 Section 27. Little Rock, Ark., Rev. Code 5 34- 38(b)(5)(1988), Authority of director and
27 administrator; operator's and driver's permits, prerequisites; general prohibition; grounds for
28 suspension or revocation of permit, Permits, is hereby amended to read as follows:
29 "(5) Permits. Ground transportation service vehicle permits and courtesy vehicle
30 service permits shall be issued by the city upon approval after the applicant has filed
31 an application for the permit and has shown that the operation of the ground
32 transportation service or courtesy vehicle service will comply with this article and with
33 all applicable laws, regulations and ordinances. The fleet size of any ground
34 transportation service, except courtesy vehicle service, shall be a minimum of two
35 vehicles. No additional vehicles may be added to the fleet of any ground transportation
36 service permit holder, except courtesy vehicle service, without the approval of the
37 administrator. Ground transportation service permit holders shalt submit a written
[PAGE 7 of 43]
Ordinance
Transportation Code Amendments
I request to the administrator for additional permits above the number of vehicle
2 permits approved in the initial or renewal application. Upon approval of additional
3 taxicab permits by the administrator, the administrator* will present the request for
4 additional taxicabs to the board of directors. The board of directors will review each
5 request and either approve or disapprove the request."
6 Section 28. Little Rock, Ark., Rev. Code 5 34- 38(b)(1988), Authority of director and
7 administrator; operator's and driver's permits, prerequisites; general prohibition; grounds for
8 suspension or revocation of permit, is hereby amended to add a subsection (6) as follows:
9 "(6) Nothing in this chapter shall be construed to prohibit discharge within
10 the city limits of any passenger lawfully picked up in another city, municipality, or
11 county and lawfully transported into the city of Little Rock. Notwithstanding any
12 provision of this chapter to the contrary:
13 a. Any passenger lawfully picked up in another city, municipality,
14 or county and transported to and discharged at any location within the city of
15 Little Rock, may be picked up at the city of Little Rock discharge location and
16 returned to the city, municipality, or county of origin, as long as the for hire
17 transportation is part of a pre - arranged, round -trip fare pursuant to a written
18 contract and the ground transportation service operator has complied with all
19 of the transportation regulatory requirements of the other city, municipality,
20 or county; and
21 b. A ground transportation service operator from another city,
22 municipality, or county may pick up a passenger at the Little Rock National
23 Airport and transport said passenger directly to the ground transportation
24 service operator's city, municipality, or county of origin, as long as the ground
25 transportation service operator has complied with all of the regulatory
26 requirements of Little Rock National Airport, the for hire transportation is part
27 of a pre - arranged, one -way continuous fare pursuant to a written contract, the
28 passenger arrived at the Little Rock National Airport, and the ground
29 transportation service operator has complied with all of the transportation
30 regulatory requirements of the other city, municipality, or county."
31 Section 29.Little Rock, Ark., Rev. Code 5 34- 38(c)(9)c.(1988), Authority of director and
32 administrator; operator's and driver's permits, prerequisites; general prohibition; grounds for
33 suspension or revocation of permit, Identification, is hereby amended to read as follows:
34 "c. The city shall issue a sticker for each ground transportation service vehicle and courtesy
35 service vehicle permitted under this chapter. The sticker shall be attached to the. vehicle, as
36 designated by the administrator. Except for taxicabs, no ground transportation service vehicle or
37 courtesy service vehicle permitted pursuant to this chapter shall display a sign, light or other markings
[PACE 8 of 43]
Ordinance
Transportation Code Amendments
I on a motor vehicle reading "taxi," "taxicab," "for hire" or anything of the same meaning for the purposes
2 of soliciting passengers on any public street."
3 Section 30. Little Rock, Ark., Rev. Code 5 34- 38(c)(10)(1988), Authority of director and
4 administrator; operator's and driver's permits, prerequisites; general prohibition; grounds for
5 suspension or revocation of permit, Applications and fees, is hereby amended to read as follows:
6 "a. Applications for operator permits shall be filed with the administrator. The
7 application shall contain information as required. The annual fee for existing ground
8 transportation operator permits shall be five hundred dollars ($500.00). For new
9 operator permit applications, a non - refundable one hundred dollar ($100.00)
10 application fee shall accompany the application. Upon approval by the administrator of
11 the new operator permit application, the new operator permit applicant shall submit
12 an additional four hundred dollars ($400.00) to the administrator before a permit may
13 be issued.
14 b. The annual fee for independent taxicab operators shall be one hundred fifty dollars
15 ($150.00).
16 c. The annual fee for ground transportation service vehicles shall be as follows:
17 1. Taxicabs. Sixty dollars ($60.00) for each permitted vehicle.
18 2. Airport shuttle vehicles. Fifty dollars ($50.00) for each permitted vehicle.
19 3. Limousines. Fifty dollars ($50.00) for each permitted vehicle.
20 4. Luxury vehicles. Fifty dollars ($50.00) for each permitted vehicle.
21 5. Tour service vehicles. Fifty dollars ($50.00) for each permitted vehicle.
22 d. The annual fee for courtesy vehicles shall be ten dollars ($10.00) for each vehicle
23 used. The owner of any courtesy vehicle so used shall file with the administrator at the
24 time of making application for a permit a notarized statement signed by the owner or
25 agent listing the purpose for which the courtesy vehicle is to be used.
26 e. No vehicle used by a permitted operator for any purpose for less than two (2) weeks
27 is subject to this chapter. The ground transportation service operator shall notify the
28 director in writing of any such vehicle used by the operator.
29 Section 31. Little Rock, Ark., Rev. Code S 34- 38(e)(3)(1988), Authority of director and
30 administrator; operator's and driver's permits, prerequisites; general prohibition; grounds for
31 suspension or revocation of permit, Driver's permit, Application, is hereby amended to read as
32 follows:
33 "(3) Application. Any person desiring a driver's permit shall obtain and
34 complete a driver permit application. The form of such application shall be developed
35 by the administrator and shall include, but not be limited to, the age, name and
36 address of the applicant.
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Transportation Code Amendments
I a. Photographs. Upon permit renewal or new application, each applicant
2 shall report to the administrator so that a photograph may be taken. The photograph
3 shall be affixed and displayed on the driver permit and kept on file with the
4 administrator. Such photograph shall not be more than thirty (30) days old.
5 b. Fee. A fee of twenty dollars ($20.00) shall be paid to the city at the
6 time the original application is filed.
7 C. Temporary permit. Upon receipt of the application materials, the
8 administrator may issue the applicant a temporary driver's permit if the information
9 received from the applicant at such time is not sufficient to warrant the issuance of
10 the annual permit, valid for a period of time to be determined by the administrator,
1l but no longer than thirty (30) days after the date of issuance. This permit shall
12 prominently display the words, "Temporary Driver's Permit, NOT VALID AFTER
13 " followed by the expiration date of the permit and numbers of the same
14 size. The temporary permit shall be posted in the manner specified below and shall be
15 surrendered immediately to the administrator if the driver's permit is denied.
16 d. Approval of application. If the application is approved, the driver's
17 permit shall be issued in card form designed by the administrator. The photograph of
18 the driver shall be attached to the card. Each driver will be given a driver's permit
19 number which will be on such permit. This card shall be posted in a prominent place in
20 the ground transportation service vehicle as prescribed by the administrator and shall
21 be shown to any passenger, police officer, inspector, airport official, or to the
22 administrator upon request. Only one (1) driver's permit shall be posted in a vehicle at
23 any time. In addition, the administrator may issue an identification tag to the driver
24 containing the driver's photograph and other appropriate information. If issued, the
25 driver shall wear the identification tag on the outside of the driver's clothing at all
26 times while on duty. Drivers of limousines are excluded from the requirement to
27 display the permit in the limousine, but must have the permit available for inspection
28 upon request as stipulated herein.
29 e. Acknowledgment of application. The applicant shall acknowledge with any
30 application that he understands that the driver's permit, if granted, will be for one (1)
31 year from the date of issuance and that no rights or privileges extend past the time
32 designated in the permit.
33 1. Except in the case of temporary permits, a driver's permit will expire
34 after one (1) year.
35 2. If a permittee's state driver's license is suspended or revoked by the
36 state, his driver's permit automatically becomes void. A permittee shall notify the
37 administrator and the operator for whom he drives within three (3) days of a
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Transportation Code Amendments
I suspension or revocation of his driver's license by the state and shall immediately
2 surrender his driver's permit to the administrator.
3 f. Falsifying of a driver's permit. No person, firm or corporation
4 permitted pursuant to this article shall forge, alter or counterfeit a driver's permit or
5 possess a forged, altered or counterfeited driver's permit.
6 g. Additional qualifications for taxicab driver's permit. As additional
7 qualifications for obtaining a taxicab driver's permit, the director shall require each
8 new applicant to:
9 1. Pass an examination given by the department that tests the applicant's
10 knowledge of:
11 (i) Traffic laws;
12 (ii) A driver's duties under this chapter;
13 (iii) Department regulations; and
14 (iv) The geography of the city.
15 2. Attend a training course once a year which has been approved by the
16 director that provides instruction in each of the following areas:
17 (i) Ground transportation service vehicle rules and regulations;
18 (ii) Geography of the city and surrounding areas, and use of a map; and
19 (iii) Public relations and communication with citizens.
20 h. Additional training for taxicab drivers. When the administrator has
21 reason to believe that a taxicab driver is in need of training in any area covered under
22 this chapter, the taxicab driver may be required to successfully complete an approved
23 training course. The decision to require a training course under this subsection may be
24 appealed in accordance with section 34 -41 of this article.
25 i. Training cost. Whenever a new taxicab driver applicant or a taxicab
26 driver attends a training course under subsection h. above, the holder employing or
27 contracting with the applicant or taxicab driver shall pay to the city the cost of the
28 training course, if costs are incurred by the city."
29 Section 32. Little Rock, Ark., Rev. Code 5 34- 38(e)(4)(1988), Authority of director and
30 administrator; operator's and driver's permits, prerequisites; general prohibition; grounds for
31 suspension or revocation of permit, Driver's permit, investigation, is hereby amended to read as
32 follows:
33 "(4) Investigation.. The ground transportation service operator shall ensure that each
34 driver permit applicant obtain a criminal record check and a traffic record from each
35 state of the driver applicant's previous and current residence for the thirty -six (36)
36 months preceding the driver permit application.
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Transportation Code Amendments
I Each driver permit applicant shall return the criminal record check(s) and
2 traffic record(s) to the administrator. Drivers are responsible for reporting to the
3 administrator any change in qualifications or other licensing or permitting information
4 previously supplied within ten (10) days of the change. Failure to do so may lead to
5 revocation of the driver's permit.
6 a. To qualify for a driver's permit, an applicant shall possess the required
7 state driver's license.
8 b. A driver applicant shall not have been convicted of more than three
9 (3) moving traffic violations, or involved in more than two (2) automobile accidents in
10 which it could be reasonably determined that the applicant was at fault, within any
11 twelve -month period during the preceding thirty -six (36) months;
12 C. A driver applicant shall not have been convicted of any of the following
13 offenses and has not received a pardon or order of expungement from such conviction:
14 1. Criminal homicide as described in Chapter 10 of the Arkansas Criminal
15 Code; Ark Code Ann. 5 5 -10 -101.
16 2. Kidnapping as described in Chapter 11 of the Arkansas Criminal Code;
17 Ark. Code Ann. 5 5 -11 -101.
18 3. A sexual offense as described in Chapter 14 of the Arkansas Criminal
19 Code; Ark. Code Ann. 5 5 -14 -101.
20 4. An assault or battery offense as described in Chapter 13 of the Arkansas
21 Criminal Code; Ark. Code Ann. 5 5 -13 -201.
22 5. Robbery as described in Chapter 12 of the Arkansas Criminal Code; Ark.
23 Code Ann. 5 5 -12 -101.
24 6. Burglary as described in Chapter 39 of the Arkansas Criminal Code; Ark.
25 Code Ann. 5 5 -39 -101.
26 7. Theft as described in Chapter 36 of the Arkansas Criminal Code, Ark.
27 Code Ann. 5 5 -36 -101.
28 8. Fraud as described in Chapter 37 of the Arkansas Criminal Code, Ark.
29 Code Ann. 5 5 -37 -101.
30 9. Tampering with a governmental record as described in Chapter 54 of
31 the Arkansas Criminal Code, Ark. Code Ann. 5 5 -54 -101.
32 10. Public indecency prostitution or obscenity) as described in Chapters 68
33 and 70 of the Arkansas Criminal Code, Ark. Code Ann. 5 5 -68 -401, and Ark. Code Ann. 5
34 5 -70 -101.
35 11. The transfer, carrying, or possession of a weapon in violation of
36 Chapter 73 of the Arkansas Criminal Code, Ark. Code Ann. 5 5 -73 -101.
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1 12. Criminal attempt to commit any of the offenses listed in subdivision c.1.
2 through c.11. of this section.
3 d. Additional criminal offenses not listed above shall disqualify a driver
4 applicant if:
5 1. Less than two (2) years have elapsed since the date of conviction if the
6 applicant was convicted of a misdemeanor offense;
7 2. Less than five (5) years have elapsed since the date of conviction if the
8 applicant was convicted of a felony offense; or
9 3. Less than five (5) years have elapsed since the date of the last
10 conviction if, within any twenty- four -month period, the applicant has two (2) or more
11 convictions of any misdemeanor offenses.
12 e. A driver applicant shall not have been convicted of driving while
13 intoxicated or driving while under the influence of a controlled substance:
14 1. Within the preceding three (3) years; or
15 2. More than one (1) time within the preceding five (5) years.
16 f. A driver applicant shall not be addicted to the use of alcohol or
17 narcotics.
18 g. A driver applicant shall be subject to no outstanding warrants of arrest.
19 h. A ground transportation service operator shall report to the
20 administrator any matter the operator is aware of that would disqualify a driver under
21 this chapter."
22 Section 33. Little Rock, Ark., Rev. Code 5 34- 38(e)(5)(1988), Authority of director and
23 administrator; operator's and driver's permits, prerequisites; general prohibition; grounds for
24 suspension or revocation of permit, Driver's permit, Term, renewal, is hereby amended to read as
25 follows:
26 "(5) Term, renewal. A permit issued under this section shall be valid for a one
27 (1) year period commencing on the date of issue, and extending through the twelve
28 (12) months past the date of issue. Permits shall be renewed in the following manner:
29 a. Submittal of a permit renewal application to the administrator;
30 b. Submittal of the required criminal background report(s) and the
31 required traffic record(s).
32 C. Payment of a twenty dollar ($20.00) renewal fee at the time of
33 submittal of the permit renewal application.
34 d. The permittee shall comply with all applicable ordinances and
35 regulations of the city."
36 Section 34. Little Rock, Ark., Rev. Code 5 34- 38(e)(6)(1988), Authority of director and
37 administrator; operator's and driver's permits, prerequisites; general prohibition; grounds for
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suspension or revocation of permit, Driver's permit, Duplicate driver's permit, is hereby amended
to read as follows:
"(6) Duplicate driver's permit. If a driver's permit has been lost or destroyed,
the payment of ten dollars ($10.00) as a replacement fee shall be required, and the
administrator shall issue a duplicate driver's permit."
Section 35. Little Rock, Ark., Rev. Code 5 34- 38(f)(1)(1988), Authority of director and
administrator; operator's and driver's permits, prerequisites; general prohibition; grounds for
suspension or revocation of permit, Emergency suspension; grounds for suspension or revocation of
permit, is hereby amended to read as follows:
"(f) Emergency suspension; grounds for suspension or revocation of
permit. The director or administrator have the power to suspend a permit for three (3)
days in the case of an emergency, for violation of rules and regulations as developed by
the director or administrator, for violation of this chapter, for violation of any of the
criminal laws set forth in subsection 34- 38(e)(4)c., or for violation of the laws of the
United States. The director or administrator shalt hold hearings and make
recommendations to the board of directors concerning the permanent suspension or
revocation of operators' and drivers' permits.
(1) If the director determines that a permittee has failed to comply with this
chapter, a regulation established under this chapter, the criminal laws of the state set
forth in subsection 34- 38(e)(4)c., or the laws of the United States, the director may
suspend the permittee's permit for a period not to exceed three (3) days by serving the
permittee with a written notice of the suspension. The written notice must include the
reason for the suspension, date the suspension begins, the duration of the suspension,
and a statement informing the permittee of his right of appeal."
Section 36. Little Rock, Ark., Rev. Code § 34- 38(f)(7)(1988), Authority of director and
administrator; operator's and driver's permits, prerequisites; general prohibition; grounds for
suspension or revocation of permit, Emergency suspension; grounds for suspension or revocation of
permit, is hereby amended to read as follows:
"(7) The administrator shall notify the driver and the operator in writing of a
suspension under subsection 34- 38(f)(4) and (5) and include in the notice the reason
for the suspension, the date the administrator orders the suspension to begin, the
duration of suspension, and a statement informing the permittee of a right of appeal."
Section 37. Little Rock, Ark., Rev. Code 5 34- 38(8)(1988), Authority of director and administrator;
operator's and driver's permits, prerequisites; general prohibition; grounds for suspension or
revocation of permit, Airport Shuttle Service, is hereby amended to read as follows:
"(g) Airport Shuttle Service. Any person operating an airport shuttle service
pursuant to this article shall be restricted to transporting passengers exclusively to or
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from a place, other than a residence, on a trip that originates or terminates at the
Little Rock National Airport Administration Terminal over an airport shuttle schedule
approved by the administrator pursuant to subsection 34- 19(g). An airport shuttle
service shall not accept or discharge passengers at any location other than the pre -
approved locations on the airport shuttle schedule."
Section 38. Little Rock, Ark., Rev. Code 5 34 -40 (1988), Ground transportation service vehicles
service, is hereby amended to add a subsection (g) as follows:
"(g) Trip Sheet. Every pre - arranged ground transportation service
vehicle driver shalt have a trip sheet in their ground transportation service vehicle. The
trip sheet shall contain the time and date the rental of the ground transportation
service vehicle was arranged, a client pick up address, the scheduled time for client
pick up, the client designation if possible, and the duration of time for the rental of
the ground transportation service vehicle. The trip sheet shall be present in the ground
transportation service vehicle during the rental time and shall be presented for
inspection upon request by the administrator or any law enforcement agency. Every
ground transportation service operator shall collect and file all trip sheets for each
ground transportation service vehicle. Ground transportation service operators shall
retain all trip sheets for one (1) year."
Section 39. Little Rock, Ark., Rev. Code 5 34- 43(1988), Rates and additional charges, is hereby
amended to read as follows:
"(a) It shall be unlawful for any person owning, operating, driving or in charge
of any ground transportation service vehicles for hire in the city to drive or operate
such vehicle, or to use or advertise in connection therewith the word "taxi," "taxicab,"
"or "cab," unless such vehicle is equipped with a taximeter according to the provisions
of this chapter.
(b) Meter rates shall be used exclusively by all taxicabs or other demand -
response service vehicles, except as otherwise provided in this section. The minimum
or maximum rates (according to class of service) shall apply to all ground
transportation service vehicles permitted or operating within the city limits effective
as of the date of this chapter:
(1) Exclusive ride.
a. A taxicab ceiling rate of up to $4.00 may be charged upon the
approval of the administrator. The taxicab ceiling rate may be increased from the
initial meter charge at $.25 increments not to exceed the maximum $4.00 ceiling rate.
1. Initial meter charge... $3.00 to include the first one eighth
(1 /8) mile.
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2. Each additional one eighth (1 /8) mile ...... $.25.
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b. Livery vehicle and premium taxicab Minimum Rate; Not less than a
minimum rate of:
1. Initial meter charge... $6.00
2. Charge per mile.......... 3.00
c. All other demand - response ground transportation service providers;
Not less than a minimum rate of:
1. Initial meter charge... $6.00
2. Charge per mile.......... 3.00
(2) No more than two dollars ($2.00) per additional person shall be charged.
(2) Waiting time ceiling rate shall not exceed twenty -two dollars ($22.00) per
hour and shall be calculated on the meter.
(3) A surcharge of two dollars ($2.00) may be charged to each load for trips
originating at the Little Rock National Airport only.
The meter shall be turned on once the passenger enters the vehicle and before
the trip begins. Passengers shall pay only the fare which appears on the meter. If no
fare appears on the meter, the passenger's ride shall be free.(c) An airport shuttle
service shall charge a minimum per person flat fare rate of $13.00. An airport shuttle
service may charge a minimum per person flat rate of $6.50 for transportation service
of a passenger traveling one mile or less to or from a place, other than a residence, on
a trip that originates or terminates at the Little Rock National Airport Administration
Terminal. The airport shuttle service may charge a group fare rate of $30.00 for
families of four (4) or more persons. The airport shuttle service fare structure shall
apply to all passengers- for -hire transported by the airport shuttle service. Rates and
maps of approved airport shuttle schedules and routes which show specific approved
pick -up and drop -off locations, and the approved departure times from each location
shall be posted prominently at the Little Rock National Airport. Rates, specific time
schedules, and routes, which show specific pick -up and drop -off locations, shall also be
posted at participating hotels or made available to passengers upon request. Rates, and
any subsequent changes thereto, shall be approved by the board of directors and filed
with the administrator. Schedules and routes, and any subsequent changes thereto,
shall be approved by the administrator.
(d) The limousine fare shall be a minimum fee of $50.00 per hour with a
minimum of two (2) hours for rental of the vehicle and the service of its driver.
Limousine fares shall be approved by the board of directors. No soliciting or street -side
pick -ups of passengers are allowed.
(e) The luxury vehicle fare shall be a minimum fee of $30.00 for the first hour
and $25.00 for each additional hour thereafter, with a minimum of one (1) hour for
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I rental of the vehicle and the service of its driver. Luxury vehicle fares shall be
2 approved by the board of directors. No soliciting or street -side pick -ups of passengers
3 are allowed.
4 (f) At no time shall any person operating a courtesy vehicle collect a fare or
5 other form of compensation from a passenger for transportation services. Courtesy
6 vehicles shall prominently display in each vehicle a statement clearly indicating
7 transportation of patrons is at no charge. Nothing in this article is intended to preclude
8 voluntary tipping.
9 (g) Specialized transportation service operators may collect a fare based on a
10 $10.00 minimum charge. Such fares shall be approved by the board of directors. The
11 owner may enter into fixed rate, fixed term contracts negotiated between any third
12 party or parties, provided that such contracts have a term of not less than ninety (90)
13 days. The contract shall be for the provision of transportation on a per passenger flat
14 rate basis and shall be filed with the administrator as a matter of record.
15 (h) An operator may make special contractual arrangements with persons at
16 fares other than those set forth by this article; provided, however, such fares shall not
17 be less than ninety percent (90 %) of the rates required by this chapter. If the contract
18 is for a period longer than thirty (30) days, the contract shall be in writing and a copy
19 thereof filed with the administrator. Such contractual arrangements shall be entered
20 into before leaving the point of departure.
21 (i) A ground transportation service operator providing ground transportation
22 services pursuant to a contract with any local, state or federal government agency shall
23 not be required to follow the rate provisions set forth in this section."
24 Section 40. Article V. of Little Rock, Ark., Rev. Code S 34 -1 to § 34 -115 (1988) is hereby amended
25 to add the following Article V., Tour Service:
26 "ARTICLE V. TOUR SERVICE
27 Sec. 34 -61. Tour service operator vehicle permits authorized; Display of permit.
28 (a) Permits authorized. The number of tour service vehicle permits for
29 each tour service operator shall not exceed five (5); provided, however, that as tour
30 service vehicle permits are not renewed or applied for, the city board of directors, in
31 its discretion, may reduce the number of tour service vehicle permits from time to
32 time. Tour service operators shall provide to the administrator a schedule of tour
33 service vehicles showing the model, type and make of each tour service vehicle the
34 operator desires to permit and place into operation.
35 (b) Permits to be displayed in tour service vehicle. A permit issued under
36 this section shall be displayed in the tour service vehicle where the permit will be in
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I clear view of the passengers at all times. Alternatively, the permit may be displayed on
2 the person of the tour guide in such a manner as to be in clear view of the public.
3 Sec. 34 -62. Tour service driver's permit.
4 (a) Required. No person shall operate a tour service vehicle in the city, and
5 no person who owns or controls a tour service vehicle shall permit it to be so operated
6 at any time for hire, unless the driver of said vehicle shall have first obtained and shall
7 then have in force a driver's permit issued under the provisions of this chapter. Every
8 driver holding a permit shall agree to abide by all laws and regulations now in force or
9 hereafter promulgated relating to the conduct of the tour service business in the city.
10 (b) Qualifications. No driver's permit shall be granted unless the applicant
11 has an appropriate and valid driver's license as required pursuant to state law.
12 (c) Application. Any person desiring a driver's permit shall obtain and
13 complete a driver permit application. The form of such application shall be developed
14 by the administrator and shall include, but not be limited to, the age, name and
15 address of the applicant.
16 (1) Photographs. Upon permit renewal or new application, each applicant
17 shall report to the administrator so that a photograph may be taken. The photograph
18 shall be affixed and displayed on the driver permit and kept on file with the
19 administrator. Such photograph shall not be more than thirty (30) days old.
20 (2) Fee. A fee of twenty dollars ($20.00) shall be paid to the city at the
21 time the original application is filed.
22 (3) Temporary permit. Upon receipt of the application materials, the
23 administrator may issue the applicant a temporary driver's permit if the information
24 received from the applicant at such time is not sufficient to warrant the issuance of
25 the annual permit, valid for a period of time to be determined by the administrator,
26 but no longer than thirty (30) days after the date of issuance. This permit shall
27 prominently display the words, "Temporary Driver's Permit, NOT VALID AFTER
28 " followed by the expiration date of the permit and numbers of the same
29 size. The temporary permit shall be posted in the manner specified below and shall be
30 surrendered immediately to the administrator if the driver's permit is denied.
31 (4) Approval of application. If the application is approved, the driver's
32 permit shall be issued in card form designed by the administrator. The photograph of
33 the driver shall be attached to the card. Each driver will be given a driver's permit
34 number which will be on such permit. This card shall be posted in a prominent place in
35 the tour service vehicle as prescribed by the administrator and shall be shown to any
36 passenger, police officer, inspector, airport official, or to the administrator upon
37 request. Only one (1) driver's permit shall be posted in a tour service vehicle at any
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I time. In addition, the administrator may issue an identification tag to the driver
2 containing the driver's photograph and other appropriate information. If issued, the
3 driver shall wear the identification tag on the outside of the driver's clothing at all
4 times while on duty.
5 (5) Acknowledgment of application. The applicant shall acknowledge with
6 any application that he understands that the driver's permit, if granted, will be for one
7 (1) year from the date of issuance and that no rights or privileges extend past the time
8 designated in the permit.
9 a. Except in the case of temporary permits, a driver's permit will expire
10 after one (1) year.
11 b. If a permittee's state driver's license is suspended or revoked by the
12 state, his driver's permit automatically becomes void. A permittee shall notify the
13 administrator and the operator for whom he drives within three (3) days of a
14 suspension or revocation of the applicant's driver's license by the state and shalt
15 immediately surrender his driver's permit to the administrator.
16 (6) Falsifying of a driver's permit. No person, firm or corporation
17 permitted pursuant to this article shall forge, alter or counterfeit a driver's permit or
18 possess a forged, altered or counterfeited driver's permit.
19 (d) Investigation. The tour service operator shall ensure that each driver
20 permit applicant obtain a criminal record check and a traffic record from each state of
21 the driver applicant's previous and current residence for the thirty -six (36) months
22 preceding the driver permit application. The driver permit applicant shall return the
23 criminal record check(s) and traffic record(s) to the administrator. Drivers are
24 responsible for reporting to the administrator any change in qualifications or other
25 licensing or permitting information previously supplied within ten (10) days of the
26 change. Failure to do so may lead to revocation of the driver's permit.
27 (1) To qualify for a driver's permit, an applicant shall possess the required
28 state driver's license.
29 (2) A driver applicant shall not have been convicted of more than three
30 (3) moving traffic violations, or involved in more than two (2) automobile accidents in
31 which it could be reasonably determined that the applicant was at fault, within any
32 twelve -month period during the preceding thirty -six (36) months;
33 (3) A driver applicant shall not have been convicted of any of the following
34 offenses and has not received a pardon or order of expungement from such conviction:
35 a. Criminal homicide as described in Chapter 10 of the Arkansas Criminal
36 Code; Ark Code Ann. 5 5 -10 -101.
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I b. Kidnapping as described in Chapter 11 of the Arkansas Criminal Code;
2 Ark. Code Ann. 5 5 -11 -101.
3 C. A sexual offense as described in Chapter 14 of the Arkansas Criminal
4 Code; Ark. Code Ann. 5 5 -14 -101.
5 d. An assault or battery offense as described in Chapter 13 of the Arkansas
6 Criminal Code; Ark. Code Ann. 5 5 -13 -201.
7 e. Robbery as described in Chapter 12 of the Arkansas Criminal Code; Ark.
8 Code Ann. 5 5 -12 -101.
9 f. Burglary as described in Chapter 39 of the Arkansas Criminal Code; Ark.
10 Code Ann. 5 5 -39 -101.
11 g. Theft as described in Chapter 36 of the Arkansas Criminal Code, Ark.
12 Code Ann. 5 5 -36 -101.
13 h. Fraud as described in Chapter 37 of the Arkansas Criminal Code, Ark.
14 Code Ann. 5 5 -37 -101.
15 i. Tampering with a governmental record as described in Chapter 54 of
16 the Arkansas Criminal Code, Ark. Code Ann. 5 5 -54 -101.
17 j. Public indecency, prostitution or obscenity as described in Chapters 68
18 and 70 of the Arkansas Criminal Code, Ark. Code Ann. 5 5 -68 -401, and Ark. Code Ann. 5
19 5 -70 -101.
20 k. The transfer, carrying, or possession of a weapon in violation of
21 Chapter 73 of the Arkansas Criminal Code, Ark. Code Ann. 5 5 -73 -101.
22 1. Criminal attempt to commit any of the offenses listed in subdivision (3)
23 a. through (3) k. of this section.
24 (4) Additional criminal offenses not listed above shall disqualify a driver
25 applicant if:
26 a. Less than two (2) years have elapsed since the date of conviction if the
27 applicant was convicted of a misdemeanor offense;
28 b. Less than five (5) years have elapsed since the date of conviction if the
29 applicant was convicted of a felony offense; or
30 C. Less than five (5) years have elapsed since the date of the last
31 conviction if, within any twenty- four -month period, the applicant has two (2) or more
32 convictions of any misdemeanor offenses.
33 (5) A driver applicant shall not have been convicted of driving while
34 intoxicated or driving while under the influence of a controlled substance:
35 a. Within the preceding three (3) years; or
36 b. More than one (1) time within the preceding five (5) years.
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(6) A driver applicant shall not be addicted to the use of alcohol or
narcotics.
(7) A driver applicant shall be subject to no outstanding warrants of arrest.
(8) A tour service operator shall report to the administrator any matter the
operator is aware of that would disqualify a tour service driver under this chapter.
(e) Term, renewal. A driver permit issued under this section shall be valid
for a one (1) year period commencing on the date of issue, and extending through the
twelve (12) months past the date of issue. Driver permits shall be renewed in the
following manner:
(1) Submittal of a driver permit renewal application to the administrator;
(2) Submittal of the required criminal background report(s) and the
required traffic record(s);
(3) Payment of a twenty dollar ($20.00) renewal fee at the time of
submittal of the permit renewal application.
(4) The permittee shall comply with all applicable ordinances and
regulations of the city.
(f) Duplicate driver's permit. If a driver's permit has been lost or
destroyed, the payment of ten dollars ($10.00) as a replacement fee shall be required,
and the administrator shall issue a duplicate driver's permit.
(g) Penalty for DUI or DWI. Revocation of drivers' permits shall be for
three (3) years for the conviction of driving while intoxicated or driving while under the
influence of drugs or a controlled substance.
(h) Emergency suspension; grounds for suspension or revocation of
permit. The director or administrator have the power to suspend a permit for three (3)
days in the case of an emergency, for violation of rules and regulations as developed by
the director or administrator, for violation of this chapter, for violation of any of the
criminal laws set forth in subsection 34- 62(d)(3), or for violation of the laws of the
United States. The director or administrator shall hold hearings and make
recommendations to the board of directors concerning the permanent suspension or
revocation of operators' and drivers' permits.
(1) If the director determines that a permittee has failed to comply with this
chapter, a regulation established under this chapter, the criminal laws of the state set
forth in subsection 34- 62(d)(3), or the laws of the United States, the director may
suspend the permittee's permit for a period not to exceed three (3) days by serving the
permittee with a written notice of the suspension. The written notice must include the
reason for the suspension, date the suspension begins, the duration of the suspension,
and a statement informing the permittee of his right of appeal.
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1 (2) A suspension under subsection 34- 62(h)(1) may be appealed to the
2 administrator if the permittee requests an appeal in writing at the time the director
3 serves notice of suspension upon the permittee. The period of suspension begins on the
4 date specified by the director, or in the case of an appeal, on the date ordered by the
5 administrator.
6 (3) The administrator may order an expedited hearing under this section, to
7 be held as soon as possible after the permittee requests an appeal. The administrator
8 may affirm, reverse, or modify the order of the director. The decision of the
9 administrator is final, notwithstanding the appeal provisions of section 34 -63 of this
10 chapter.
11 (4) Except as otherwise stated in this chapter, if the administrator determines
12 that a permittee has failed to comply with this chapter, a regulation established under
13 this chapter, the criminal laws of the state set forth in subsection 34- 62(d)(3), or the
14 laws of the United States, the administrator may suspend the permittee's permit for a
15 definite period of time not to exceed sixty (60) days.
16 (5) The administrator shall suspend the permittee's permit:
17 a. If at any time the administrator determines that a permittee is not
18 qualified under this article; or
19 b. By a preponderance of the evidence, the permittee has caused an accident
20 with injury; or
21 c. By a preponderance of the evidence, the permittee has driven while
22 intoxicated.
23 (6) A permittee whose permit is suspended shall not drive a tour service
24 vehicle inside the city during the period of suspension.
25 (7) The administrator shall notify the driver and the operator in writing of a
26 suspension under subsection 34- 62(h)(4) and (5) and include in the notice the reason
27 for the suspension, the date the administrator orders the suspension to begin, the
28 duration of suspension, and a statement informing the permittee of a right of appeal.
29 (8) The administrator, after a hearing, may revoke an operator's or driver's
30 permit if the administrator determines by a preponderance of the evidence that the
31 permittee:
32 a. Operated a tour service vehicle inside the city during a period in which the
33 operator's or driver's permit was suspended;
34 b. Made a false statement of a material fact in an application for an
35 operator's or driver's permit;
36 c. Engaged in conduct that constitutes a ground for suspension under
37 subsection 34- 62(h), and received either a suspension in excess of three (3) days or a
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I conviction for violation of this chapter, two (2) times within the twelve -month period
2 preceding the occurrence of the conduct;
3 d. Engaged in conduct that could reasonably be determined to be detrimental
4 to the public safety;
5 e. Failed to comply with a condition of a temporary permit; or
6 f. Was convicted of any felony offense while holding an operator's or driver's
7 permit.
8 (9) A person whose operator's or driver's permit is revoked shall not:
9 a. Apply for another operator's or driver's permit before the expiration of
10 twelve (12) months from the date the administrator revokes the permit or, in the case
11 of an appeal, the date the board of directors affirms the revocation; or
12 b. Drive a tour service vehicle inside the city limits.
13 (10) The administrator shall notify the permittee in writing of a revocation
14 and include in the notice the reason for the revocation, the date the administrator
15 orders the revocation, and a statement informing the permittee of his right of appeal
16 pursuant to section 34 -63.
17 (11) After receipt of notice of suspension, revocation, or denial of permit
18 renewal, the permittee shall, on the date specified in the notice, surrender his
19 operator's or driver's permit to the director and discontinue operating or driving a tour
20 service vehicle inside the city. Notwithstanding subsections 34 -62 (h)(3) and (8), if the
21 permittee appeals the suspension or revocation of a permit under subsections 34-
22 62(f)(4), (5), and (8) pursuant to section 34 -63 of this chapter, the permittee may
23 continue to drive or operate a tour service vehicle pending the appeal unless:
24 a. The driver is not in compliance with subsection 34 -62(b) regarding having
25 an appropriate and valid driver's license; or
26 b. The administrator determines that continued operation by the permittee
27 would impose an immediate threat to public safety.
28 Sec. 34 -63. Appeal.
29 (a) A person may appeal a denial of a driver's permit application, suspension
30 of an operator's or driver's permit by the administrator, or revocation of an operator's
31 or driver's permit by the administrator, if such person requests an appeal in writing
32 delivered to the administrator not more than ten (10) business days after notice of the
33 administrator's action is received.
34 (b) The board of directors shall hear the appeal under this section. The board
35 of directors shall give the appealing party an opportunity to present evidence and make
36 argument in his or her behalf. The formal rules of evidence do not apply to an appeal
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I hearing under this section. The board of directors shall make their ruling on the basis
2 of a preponderance of the evidence presented at the hearing.
3 (c) The board of directors may affirm, modify, or reverse all or part of the
4 action of the administrator being appealed. The decision of the board of directors is
5 final.
6 Sec. 34 -64. Route Submission; Published literature.
7 (a) Route submission. Each tour service operator shall submit to the
8 administrator a map or maps clearly showing tour service vehicle routes to be utilized
9 by the tour service. If a tour service changes its route(s) during the year, updated
10 map(s) shall be submitted to the administrator. For purposes related to public safety,
11 the administrator, in consultation with other appropriate city departments, will
12 consider the traffic impact of proposed vehicle size, routes, and time in the approval
13 process. (b) Published literature. Published literature provided by tour service
14 operators and tour guides shall describe specifically any and all tour services offered
15 and the rates to be charged therefore on regularly scheduled tours. In the event any
16 tour is offered for hire during which a tour guide will, for any period of time, leave the
17 immediate premises of the tour which he or she is conducting during the conduct of the
18 tour, the published literature provided by tour service operators and tour guides shall
19 specifically state same and shall disclose that the tour guide will be replaced by a
20 different tour guide. Tour descriptions shall specify if unguided, live or automated
21 guides are furnished. Description of tours shall be prominently posted at the Tour
22 Service business location and readily available in printed form to the public.
23 Sec. 34 -65. Rates of fare; Rate card required.
24 (a) Rates of fare generally. Tour Service operators may collect a
25 prearranged, "per passenger" fee or "per hour" fee for a specifically defined tour.
26 Routes, times, and rates shall be submitted to the administrator for approval prior to
27 implementation. Tour service operators shall notify the administrator in writing within
28 forty -eight (48) hours of any changes in the rate schedule filed with the administrator.
29 (b) Rate card required. Applicable approved rates shall be prominently
30 posted at the tour service business location, readily available in printed form to the
31 public. No operator or driver of a tour service vehicle shall charge a greater sum for
32 the use of the tour service vehicle than in accordance with the published and
33 advertised rates; provided, however, that the provisions of this subsection shall not
34 apply to customized or specialized tours which are not a part of regularly scheduled
35 tours of the tour service, but for which are separately contracted.
36 (c) Tour service operators shall not use or install meters or any other
37 electronic device in tour service vehicles to calculate fares.
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I Sec. 34 -66. Stands generally.
2 (a) Nonexclusive stands. In the discretion of the board of directors, upon
3 the recommendation of the City Manager, non - exclusive tour service vehicle stands
4 may be designated for the parking of tour service vehicles within the corporate limits
5 of the city. Whenever any such stand is established, the stand may be used by tour
6 service vehicles on a rotation basis of first - come - first - served. Time limitations for
7 parking at stands established by the board of directors shall be designated in each
8 individual case as ordinances are passed designating the stands.
9 (b) Tour service vehicles shall not stop or park in taxi stands or bus stops.
10 Sec. 34 -67. Limitations on engines running; Idling.
11 (a) Limitations on engines running. No tour service vehicle may stop or
12 park with engines idling except to load and unload passengers.
13 (b) Idling. No person driving or in charge of a tour service vehicle shall
14 permit a tour service vehicle to stand unattended without first stopping the engine,
15 locking the ignition, effectively setting the brakes, and, when the vehicle is standing
16 upon any grade, turning the front wheels to the curb or side of the highway.
17 Sec. 34 -68. Prohibitions of tour service drivers and tour guides.
18 (a) It shall be unlawful for any driver of a tour service vehicle or any tour
19 guide to attempt to divert passengers or tour guide customers from one hotel,
20 restaurant or business to another, or to use a tour service vehicle while for hire for any
21 purpose other than as a tour and sightseeing vehicle.
22 (b) Driver not to leave vehicle while waiting to be hired; Tour guide not to
23 leave tours during conduct of same. It shall be unlawful for any driver of any tour
24 service vehicle to leave the immediate premises of the tour service vehicle while the
25 vehicle is parked in a tour service vehicle stand or while waiting to be hired. It shall be
26 unlawful for any tour guide to leave the immediate premises of the tour which he or
27 she is conducting during the conduct of said tour unless and until said tour guide is
28 replaced by another tour guide. Published literature provided by tour service operators
29 and tour guides shall specifically describe said conduct as provided in this subsection.
30 Sec. 34 -69. Property left in tour service vehicle by passenger.
31 Any tour service vehicle driver or tour guide discovering any personal property
32 in the tour service vehicle which was lost or left therein by a passenger of such tour
33 service vehicle shall report the loss and shall deliver all of the property to the office of
34 the tour service operator within twelve (12) hours after the discovery of the property.
35 A written report of the property lost or left in the tour service vehicle shall include
36 brief particulars to enable the tour service operator to identify the owner of the
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I property. The tour service operator shall retain the property on behalf of the owner for
2 at least sixty (60) calendar days.
3 Sec. 34 -70. Safe mechanical condition of tour service vehicles required.
4 Every tour service vehicle operated on the streets of the city shall be
5 maintained in a safe mechanical condition, with all safety equipment remaining intact
6 and operative at all times when the tour service vehicle is in service. No vehicle shall
7 be permitted as a tour service vehicle except fully enclosed, self - propelled vehicles.
8 Sec. 34 -71. Safety equipment required; Speaker system.
9 (a) Lights. Each tour service vehicle shall be equipped with electronically
10 powered lights and reflectors when operating during the hours of darkness.
11 (b) Fire extinguisher and first aid kit. Each tour service vehicle shall have
12 on board at all times a four pound all- purpose fire extinguisher and a first aid kit.
13 (c) Portable / Stationary Speaker System. Each tour service vehicle shall
14 have available a suitable speaker system for tour lectures.
15 (d) Loudspeakers. It shall be unlawful to operate loudspeakers outside tour
16 service vehicles within the city. Loudspeakers may be operated within the confines of
17 tour service vehicles for the sole benefit of the passengers within the confines of the
18 vehicle.
19 Sec. 34 -72. Tour service vehicle seating capacity.
20 No tour service vehicle shall exceed the passenger capacity of such vehicle,
21 and the tour service operator shall register such vehicle passenger capacity with the
22 administrator.
23 Sec. 34 -73. Discharge of passengers from tour service vehicle.
24 It shall be unlawful for passengers to be discharged from the tour service
25 vehicle at points other than those at which the passengers are picked up; provided,
26 however, that should a tour service operator have pre- approved routes under which
27 "pickups" are made at several points within the city, then passengers who are picked
28 up and carried over an entire sightseeing route of not less than ten (10) miles in length
29 may be discharged at any of the scheduled discharge points within the city without
30 constituting a violation of this section.
31 Sec. 34 -74. Traffic and operating rules.
32 (a) Rules of the road. Tour service vehicles shall operate on the streets of
33 the city in accordance with the rules of the road as provided by the laws of the state of
34 Arkansas and the ordinances of the city. Tour service vehicles shall be operated in a
35 manner which maintains a lawful speed consistent with the normal flow of traffic upon
36 the city's streets. Tour service drivers shall have no authority to stop, block, direct or
37 otherwise inhibit the flow of traffic when entering or departing a public street or
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I highway within the city and shall otherwise comply with all traffic and parking
2 regulations. Tour service vehicles shall move to the edge of the street pavement before
3 stopping, standing, parking, loading or unloading passengers. It shall be unlawful for
4 tour service vehicles to operate at such speeds or motions as to obstruct traffic within
5 the city; provided, however, that this section shall not be construed to require the
6 violation of any state, federal, or municipal traffic law or regulation.
7 (b) Operating rules. No tour service vehicle driver shall collect fares, make
8 change, or take on or discharge passengers while the tour service vehicle is in motion.
9 No tour service vehicle may pause or stop for the sole purpose of narrating a tour."
10 Section 41. Little Rock, Ark., Rev. Code 5 34 -102 (1988), Definitions, Director, is hereby amended
11 to read as follows:
12 "Director means the director of the fleet services department, or his
13 designee."
14 Section 42. Little Rock, Ark., Rev. Code 5 34 -103 (1988), Application for certificate of
15 convenience and necessity -- Requirements, is hereby amended to read as follows:
16 "Unless otherwise authorized by the board of directors, there shall only be
17 three (3) certificates of convenience and necessity granted for the operation of horse -
18 drawn carriages in the city. Any person desiring to secure a certificate of convenience
19 and necessity shall submit an application addressed to the director and shall pay a one -
20 hundred dollar ($100.00) non - refundable application fee. This application shall be in
21 writing, verified by the affidavit of the applicant, or if the applicant is a corporation,
22 partnership, entity, or association of persons of any kind, by its duly authorized officer
23 or agent, and shall provide the following facts and any other information required by
24 regulations promulgated by the director:
25 (1) The full name and address of:
26 a. The applicant if the applicant is an individual.
27 b. Each partner if the applicant is a partnership.
28 C. Each officer and director if the applicant is a corporation,
29 entity, or association of persons of any kind.
30 (2) What, if any, previous experience the individual applicant, or if the
31 applicant is a partnership, the partners, or if the applicant is a corporation or
32 other association of persons, the officer and directors have had in horse -drawn
33 vehicle operations.
34 (3) The number of such vehicles the applicant desires to operate.
35 (4) The passenger capacity of each vehicle.
36 (5) The insurance to be carried, the amount of the insurance and the name
37 and address of the company issuing the policy."
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I Section 43. Little Rock, Ark., Rev. Code 5 34 -106 (1988), License fees and requirement to display
2 license, is hereby amended to read as follows:
3 "The annual license fee for a certificate of convenience and necessity is
4 seventy five dollars ($75.00) for each horse -drawn vehicle owner and fifty dollars
5 ($50.00) for each horse -drawn vehicle in use.
6 This license and attachments shalt be in the possession of the operator of the
7 horse -drawn vehicle at all times when the vehicle is on a public right -of -way. This
8 license fee shalt be due and payable on the first day of January of each year, and shalt
9 expire one (1) year thereafter, but the license may be renewed from year to year,
10 upon the payment of the required fee."
11 Section 44. Little Rock, Ark., Rev. Code 5 34 -108 (1988), Revocation or suspension of certificate
12 of convenience and necessity and licenses, is hereby amended to read as follows:
13 "Sec. 34 -108. Revocation or suspension of certificate of convenience and
14 necessity, licenses and horse -drawn vehicle driver permits.
15 (a) Any certificate of convenience and necessity, horse -drawn vehicle
16 licenses and horse -drawn vehicle driver permits which have been issued to any person
17 may be suspended by the director upon a reasonable belief that there is good cause for
18 such a suspension, and may be revoked after a public hearing on the issue has been
19 held. Except for suspension because of issues of public safety, any revocation shall be
20 effective upon the expiration of three (3) days after the mailing of such notice to the
21 certificate, license or permit holder. For revocations based upon public safety
22 violations, the revocation shalt be effective immediately upon such a finding by the
23 director, provided written notice is promptly mailed to the certificate, license or
24 permit holder. In addition to public safety concerns, and the other reasons set forth in
25 this article, the director may revoke a certificate of convenience and necessity if the
26 certificate holder has failed, or shall fail, to file with the Secretary of State any report
27 required by Arkansas law.
28 (b) Any person whose certificate of convenience and necessity, horse -drawn
29 vehicle license or horse -drawn vehicle driver permit has been revoked by the director
30 may appeal such revocation to the board of directors by giving notice in writing to the
31 director within ten (10) days of the date of mailing of such notice to the certificate,
32 license or permit holder as set out above, provided that the holder shall not be
33 permitted to operate during the pendency of an appeal if the revocation is based upon
34 a public safety violation.
35 (c) Notice of suspension shall be sent by registered mail, return receipt
36 requested, to the listed office of the certificate, license or permit holder. A copy of
37 the suspension shall be provided to the chief of police, and shall be publicly posted at
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I the office of the director. In addition, the director shalt attempt to contact the
2 certificate, license or permit holder by telephone, or telefacsimile, on the date the
3 suspension is issued."
4 Section 45. Little Rock, Ark., Rev. Code 5 34- 114(b)(1988), Initial rules and regulations, Section 1.
5 General, is hereby amended to read as follows:
6 "The director of the fleet services department shall promulgate, administer
7 and enforce these rules and regulations. The purpose of these rules and regulations is
8 to aid in the implementation, interpretation and enforcement of the ordinance to
9 permit operation of horse -drawn carriages in Little Rock."
10 Section 46. Little Rock, Ark., Rev. Code 5 34- 114(b)(1988), Initial rules and regulations, Section 2.
11 Definitions, B. Director, is hereby amended to read as follows:
12 "B. "Director" means the Director of the Fleet Services Department, or his
13 designee."
14 Section 47. Little Rock, Ark., Rev. Code 5 34- 114(b)(1988), Initial rules and regulations,
15 Section 6. Horse -drawn vehicles - Mandatory equipment, is hereby amended to read as follows:
16 "A. Each horse -drawn vehicle shall be equipped with electric turn (or
17 emergency flashing lights), tail lights and front lights (or side mounted lights
18 with housings of the type that illuminate from the front and rear
19 simultaneously), which are visible for a distance of 500 feet.
20 B. Each horse -drawn vehicle shall have brakes.
21 C. Each horse -drawn vehicle shalt be equipped with the international sign
22 for slow moving vehicles attached to the rear of the vehicle.
23 D. Each harness shall be equipped with a leather diaper.
24 E. Each operator of a horse -drawn vehicle shall ensure that any feces or
25 urine deposited on the public right -of -way or any private property within the
26 City is cleaned up immediately after such deposit or as soon thereafter as is
27 reasonable.
28 F. No horse -drawn vehicle may carry more passengers than was originally
29 intended. No horse -drawn vehicle shall exceed three times the animal's weight,
30 including the weight of the vehicle and all passengers."
31 Section 48. Little Rock, Ark., Rev. Code 5 34- 114(b)(1988), Initial rules and regulations, Section
32 12. Driver qualifications and conduct, is hereby amended to read as follows:
33 "No person shall operate a horse -drawn vehicle for hire upon the streets of the
34 City of Little Rock, and no certificate holder who owns or controls a horse -
35 drawn vehicle for hire shall permit the horse -drawn vehicle to be driven, unless
36 the driver of the horse -drawn vehicle shall have first obtained a current horse-
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I drawn vehicle driver permit which has been approved and issued as designated
2 under this article.
3 A. Horse -drawn vehicle driver Qualifications.
4 (1) Each applicant must be at least eighteen (18) years of age.
5 (2) The applicant shall have an appropriate and valid driver's
6 license as required pursuant to state law.
7 (3) The applicant must have experience in working with horses.
8 B. Horse -drawn vehicle driver permit application. Any person desiring a
9 horse -drawn vehicle driver's permit shall obtain and complete a horse -drawn vehicle
10 driver permit application. The form of such application shall be developed by the
11 director and shall include, but not be limited to, the age, name and address of the
12 applicant.
13 C. Investigation. The horse -drawn vehicle operator shall ensure that each
14 driver permit applicant obtain a criminal record check and a traffic record from each
15 state of the driver applicant's previous and current residence for the thirty -six (36)
16 months preceding the driver permit application. The horse -drawn vehicle driver permit
17 applicant shall return the criminal record check(s) and traffic record(s) to the
18 administrator. Drivers are responsible for reporting to the administrator any change in
19 qualifications or other licensing or permitting information previously supplied within
20 ten (10) days of the change. Failure to do so may lead to revocation of the driver's
21 permit.
22 D. A horse -drawn vehicle operator shall report to the administrator any
23 matter the operator is aware of that would disqualify a horse -drawn vehicle
24 driver under this chapter."
25 E. Fee. Each applicant for a horse -drawn vehicle driver permit shall pay
26 to the city a non - refundable fee of twenty dollars ($20.00) at the time the
27 original application is filed.
28 F. Duplicate horse -drawn vehicle driver permit. If a horse -drawn vehicle
29 driver's permit has been lost or destroyed, the payment of five dollars ($5.00)
30 as a replacement fee shall be required, and the director shall issue a duplicate
31 horse -drawn vehicle driver's permit.
32 G.. Horse -drawn vehicle driver permit term, renewal. A permit issued
33 under this section shall be valid for a one (1) year period commencing on the
34 date of issue, and extending through the twelve (12) months past the date of
35 issue. Permits shall be renewed in the following manner:
36 (1) Submittal of a horse -drawn vehicle driver permit renewal
37 application to the director;
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(2) Submittal of the required criminal background report(s) and
the required traffic record(s);
(3) Payment of a twenty dollar ($20.00) renewal fee at the time of
submittal of the permit renewal application.
(4) The permittee shall comply with all applicable ordinances and
regulations of the city.
H. Horse -drawn vehicle driver conduct.
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(1) The horse -drawn vehicle driver shall obey all traffic taws and
regulations of the city and state.
(2) No horse -drawn vehicle driver shalt operate a horse -drawn
vehicle while under the influence of alcohol or narcotic drugs.
(3) No horse -drawn vehicle driver shall permit passengers in excess
of the passenger capacity design of the horse -drawn vehicle.
(4) No horse -drawn vehicle driver shall permit passengers to stand
on any part of the horse -drawn vehicle while in motion. Horse -drawn
vehicle drivers shall take all necessary precautions to prohibit such
activity. The horse -drawn vehicle driver shall ensure that all passengers
are seated except when loading or unloading.
(5) The horse -drawn vehicle driver shall at all times be responsible
for the proper and humane care and treatment of the equine animal
under his or her direct supervision and control.
(6) Horse -drawn vehicle drivers shall be in the driver's seat and
have the driving lines in hand before loading or unloading passengers.
(7) The driver of each horse -drawn vehicle, during travel from one
half hour after sunset and one half hour before sunrise and at alt times
as conditions for poor visibility exist, shall cause the front and tail
lights (or the side mounted lights with housings of the type that
illuminate from the front and rear simultaneously) of the horse -drawn
vehicle to be in operation."
[PAGE 31 of 43]
I Section 49.Little Rock, Ark., Rev. Code 5 34 -1 to § 34 -115 (1988) is hereby amended to add the
2 following Article X., Pedicab Service:
3 "ARTICLE X. PEDICAB SERVICE
4 Sec. 34 -116. Short title.
5 This article shall be known as the "Pedicab Code ".
6 Sec. 34 -117. Scope.
7 Holders of certificates of convenience and necessity to operate a pedicab service shall be
8 governed by the provisions of this article.
9 Sec. 34 -118. Definitions.
10 The following words and phrases, when used in this article, shall have the following meanings:
11 Administrator means the city manager or the city manager's designated agent.
12 Certificate holder, holder, or operator means any person holding a certificate of convenience
13 and necessity issued by the board of directors for the operation of a pedicab service.
14 Director means the director of the fleet services department, or designee.
15 For -hire means the provision of services, or the offering of the services, of a pedicab for the
16 payment of money or other consideration.
17 Pedicab means a bicycle with three (3) or more wheels, operated by one person, capable of
18 transporting passengers in seats on a platform made a part of the pedicab.
19 Person means any person, firm, corporation, partnership, entity, or association of persons of
20 any kind.
21 Sec. 34 -119. Powers of the director.
22 The director of the fleet services department is authorized to make and enforce such
23 additional rules and regulations, not in conflict with the provisions of this article, as the director may
24 deem proper to regulate the operation of pedicabs for -hire under a certificate of convenience and
25 necessity issued pursuant to this article.
26 Sec. 34 -120. Office required.
27 Each pedicab service operator shall maintain a central place of business, in an area zoned for
28 such, for the purposes of receiving calls and dispatching pedicabs. Said person shall file and keep
29 current with the director the address and telephone number of such place of business.
30 Sec. 34 -121. Certificate of convenience and necessity required.
31 No person shall operate or permit a pedicab service vehicle owned, leased, or controlled by
32 said person to be operated in the city without having first obtained a certificate of convenience and
33 necessity.
34 Sec. 34 -122. Certificate of convenience and necessity; Allotment, issuance, and denial.
35 (a) Unless otherwise authorized by the board of directors, there shall only be three (3)
36 certificates of convenience and necessity granted for the operation of pedicabs in the city.
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I (b) The director may issue any or all of the three (3) certificates of convenience and
2 necessity authorized by this article if it is determined that the application is in compliance with the
3 terms and conditions set forth in this article, as long as once a year the director submits a resolution
4 for board approval that ratifies the issuance or renewal of the certificate. If the certificate is issued
5 prior to the adoption of such a resolution, the applicant may operate at its own peril if it is otherwise
6 in compliance with all terms and conditions of this article and with any rules and regulations
7 promulgated by the director, as long as the applicant agrees immediately to cease operations should
8 the board of directors fail to ratify the issuance, or the renewal, of a certificate of convenience and
9 necessity.
10 (c) If the director denies an application for a certificate of convenience and necessity, the
11 applicant may appeal the director's decision to the board of directors by filing an appeal with the city
12 clerk no later than three (3) days after receipt of notice from the director that the application has
13 been denied. The board shall hold a public hearing regarding whether to grant the certificate, and shall
14 determine whether the applicant has met all of the criteria set forth in this article. Notice of the
15 public hearing shall be provided to the applicant at least three (3) business days before the hearing,
16 and shalt be noted on the agenda for the board meeting at which it is scheduled. The time and place of
17 the hearing, and the manner by which it shall be conducted, shall be determined by the board of
18 directors. The board may deny the application for a certificate of convenience and necessity if it
19 determines that:
20 (1) The applicant is not in compliance with the terms and conditions of this article;
21 (2) The applicant has failed to comply with the terms and conditions of similar
22 ordinances, rules or regulations in other cities;
23 (3) The applicant has failed to fulfill any financial obligations associated with the
24 operation of a pedicab, the payment of license or inspection fees, or the payment of
25 legitimate claims against the applicant arising out of the operation of a pedicab; or
26 (4) The board determines that, at the time of the application, an additional
27 certificate of convenience and necessity would not be in the best interests of the city.
28 Sec. 34 -123. Procedure to increase the number of certificates of convenience and
29 necessity.
30 (a) Only the board of directors has the authority to increase the number of certificates of
31 convenience and necessity authorized by this article. Upon an application for such an increase, the
32 board shall first direct the city manager, after consultation with the director, to determine if a need
33 exists for additional certificates. If the city manager concludes that an increase in certificates is
34 appropriate, the board shall be provided with a report to that effect which sets forth the manager's
35 findings. If the board agrees that additional certificates are appropriate, then it shall schedule a public
36 hearing to discuss the issue. The time, place and manner of the hearing, and the manner in which the
37 hearing is conducted, shall be determined by the board of directors, provided the hearing shalt have
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I been advertised at least once in a daily newspaper no less than seven (7) nor more than fourteen (14)
2 days prior to the date set for the hearing.
3 (b) If the city manager concludes that an increase in certificates is not appropriate, the
4 board shall be provided with a report to that effect which sets forth the basis for the manager's
5 conclusions. This report shall be made during a regular meeting of the board of directors and notice
6 that the report is being presented shall be advertised at least once in a daily newspaper no less than
7 seven (7) nor more than fourteen (14) days prior to the presentation of the report. Copies of the report
8 shall be available to the public no less than two (2) business days prior to the hearing. After receiving
9 the report, the board shall permit time for interested parties to comment upon the manager's
10 conclusions. If the board, after receiving the report and any comments, decides to consider the
11 issuance of additional certificates, then it shall set an additional public hearing, to be held during a
12 regular meeting of the board of directors, to discuss the following issues:
13 (1) Whether the demands of the public require the proposed or additional pedicab
14 service within the city.
15 (2) Whether the existing service is sufficient to properly meet the demands and
16 needs of the public.
17 (3) Whether any identified applicant for an additional certificate is financially
18 responsible.
19 (4) Whether increased traffic congestion on the streets will result by the increase
20 of additional certificates, or whether the safe use of the streets by the public, both vehicular
21 and pedestrian, will be preserved by the grant of any additional certificate.
22 (5) Whether any other factor, deemed relevant by the board of directors, suggests
23 that the issuance of, or refusal to issue, additional certificates is advisable or necessary.
24 Sec. 34 -124. Certificate of Convenience and Necessity; Application.
25 (a) Any person desiring to secure a certificate of convenience and necessity shall submit an
26 application addressed to the director and shall pay a one - hundred dollar ($100.00) non - refundable
27 application fee. This application shall be in writing, verified by the affidavit of the applicant, or if the
28 applicant is a corporation, partnership, entity, or association of persons of any kind, by its duly
29 authorized officer or agent. The application shall provide the following facts and any other information
30 required by regulations promulgated by the director:
31 (1) Trade name and address of the applicant.
32 (2) Telephone number, telefacsimile number and, if available, the e-mail address
33 of the applicant.
34 (3) The name of the agent for service of process for the applicant.
35 (4) if the applicant is a corporation, the name of the corporation and the date and
36 state of incorporation.
[PAGE 34 of 43)
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1 (5) The names and addresses of all shareholders, officers and directors of the
2 corporation.
3 (6) The experience and the qualifications of the applicant, or if the applicant is a
4 partnership, the partners therein have had, or if the applicant is a corporation or other
5 association of persons, the officers and directors have had, in pedicab passenger
6 transportation service.
7 (7) The number of pedicabs the applicant desires to operate.
8 (8) The passenger capacity of each pedicab.
9 (9) A current certificate of liability insurance listing each pedicab covered in the
10 amounts designated in Sec. 34 -131 and listing the city as certificate holder.
11 (10) A full color photograph of each pedicab.
12 (11) Name and telephone number of an emergency contact person.
13 Sec. 34 -125. License fees.
14 (a) The annual license fee for a certificate of convenience and necessity for each
15 pedicab owner shall be seventy five dollars ($75.00).
16 (b) The annual license fee for each pedicab in use shall be fifty dollars ($50.00).
17 (c) The certificate of convenience and necessity shall be issued on the first day of January
18 of each year, and shall expire one (1) year thereafter.
19 Sec. 34 -126. Number of pedicabs authorized upon city streets.
20 No more than four (4) pedicabs per each certificate holder shall be permitted to operate upon
21 the streets of the city. Once this maximum number of pedicabs has been permitted, no applications for
22 additional pedicab licenses will be accepted. Should the number of permitted pedicabs drop below the
23 maximum number allowed in this section, the director will consider applications for additional pedicab
24 licenses in the order in which the applications are filed with the director.
25 Sec. 34 -127. Requirement to display certificate of convenience and necessity.
26 The certificate of convenience and necessity, and attachments, shall be displayed in the
27 pedicab at all times when the pedicab is on a public right -of -way.
28 Sec. 34 -128. Expiration of certificate of convenience and necessity.
29 A certificate issued under this article shall expire on December 31st of each year at midnight
30 and may be renewed from year to year at the existing level of pedicabs upon the payment of the
31 required fee, as long as the pedicab operator is in compliance with this article and any pedicab
32 regulations promulgated by the director.
33 Sec. 34 -129. Renewal of certificate of convenience and necessity.
34 (a) Owner Applications for the renewal of a certificate of convenience and necessity shall
35 be made by January 1st of each year and shall include payment of a seventy five dollar ($75.00)
36 renewal fee and a fifty dollar ($50.00) pedicab permit renewal fee for each pedicab in use.
[PAGE 35 or 43]
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I (b) If the director denies the request for certificate renewal, the director, or designee,
2 shall advise the applicant in writing of the reasons for such denial. The applicant may appeal the
3 director's decision to the board of directors by filing an appeal with the city clerk no later than three
4 (3) days after receipt of notice from the director that the renewal application has been denied. The
5 board shalt hold a public hearing regarding whether to grant the certificate renewal, and shall
6 determine whether the applicant has met all of the criteria set forth in this article. Notice of the
7 public hearing shall be provided to the applicant at least three (3) business days before the hearing,
8 and shalt be noted on the agenda for the board meeting at which it is scheduled. The time and place of
9 the hearing, and the manner by which it shall be conducted, shall be determined by the board of
10 directors. The board may deny the renewal application for a certificate of convenience and necessity if
11 it determines that:
12 (1) The applicant is not in compliance with the terms and conditions of this article;
13 (2) The applicant has failed to comply with the terms and conditions of similar
14 ordinances, rules or regulations in other cities;
15 (3) The applicant has failed to fulfill any financial obligations associated with the
16 operation of a pedicab, the payment of license or inspection fees, or the payment of
17 legitimate claims against the applicant arising out of the operation of a pedicab; or
18 (4) The board determines that, at the time of the application, an additional
19 certificate of convenience and necessity would not be in the best interests of the city.
20 Sec. 34 -130. Business license required.
21 (a) Each pedicab service operator shall possess and maintain a current business license.
22 (b) Each pedicab service operator shall maintain an emergency telephone number where
23 the owner or manager of the pedicab service may be contacted in case of an emergency.
24 Sec. 34 -131. Insurance required; Accident / incident report.
25 (a) Every applicant for a license to operate a pedicab, whether the pedicab is to be
26 operated by the owner or some other person, in addition to the other requirements of this article, shall
27 maintain and file with the director for each pedicab to be operated a policy of commercial general
28 liability insurance which meets the requirements of this article and any applicable regulations
29 promulgated by the director.
30 (b) Insurance required by this section shall be carried by a firm which has been duly
31 licensed or permitted to conduct an insurance business in this state, and said insurance shall be kept
32 and maintained continually in force and effect so long as the applicant shall be licensed to operate
33 pedicabs on the streets of the city.
34 (c) Insurance as required herein shall be a policy of liability insurance in the sum of three
35 hundred thousand dollars ($300,000.00) for bodily injury per person in any one (1) accident, with an
36 aggregate of six hundred thousand dollars ($600,000.00) per incident.
[PAGE 36 of 43]
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I (d) The certificate holder, on or before the fifth day of each month, shall file with the
2 director a report showing the number of accidents or incidents, if any, in the preceding month, in
3 which any pedicab owned and /or operated by the certificate holder was involved, the nature of the
4 damage, if any, to person or property resulting therefrom, the name and address of all persons who
5 have outstanding claims because of any pedicab accident, and whether any claims were settled during
6 the preceding month.
7 (e) The failure to file the required report within the time provided, or the filing or causing
8 or intentionally permitting the filing of a false report, shall be a violation of this article and shall also
9 be grounds for suspension and revocation of the certificate holder's certificate of convenience and
10 necessity.
11 (f) If any policy of insurance covering any or all of the pedicabs authorized to be operated
12 under a certificate of convenience and necessity expires, and the operator fails to replace it
13 immediately with another policy of insurance fully complying with the provisions of this article, the
14 certificate of convenience and necessity and the licenses issued thereunder shall be ipso facto
15 suspended. The certificate of convenience and necessity may be reinstated by the board of directors
16 upon application, with or without a hearing, upon compliance in full with all the provisions of this
17 article. If the board of directors reinstates the certificate of convenience and necessity, the director,
18 upon notice from the board, shall reinstate the license.
19 (g) It shall be unlawful for any person to operate or cause to be operated any pedicab
20 upon any public street in the city unless the required policy of insurance for the pedicab shall have
21 been filed with the director, and shall be in full force and effect.
22 (h) In the event of any final judgment against the owner or operator of any pedicab for
23 injury to or death of, any person, or damage to property from the negligence of the owner or operator,
24 or for any reason regardless of fault, remains unsatisfied for a period of thirty (30) days, the board of
25 directors, upon complaint of the owner of the judgment, or of any other person, shall forthwith revoke
26 the certificate of convenience and necessity and all pedicab licenses of the owner or operator.
27 Sec. 34 -132. Pedicab inspection and approval.
28 (a) Pedicab inspection; Approval. No operator shall permit a pedicab to be operated in the
29 city until the pedicab has been inspected and approved by the administrator. The administrator is
30 authorized to make spot inspections of pedicabs.
31 (b) Inspections.
32 (1) It shall be the duty of the administrator to cause to be inspected each and
33 every pedicab for which a license has been issued pursuant to this article at least once
34 each year, or at any other time that the administrator deems advisable. The
35 inspection fee shall be included in the annual pedicab fee.
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(2) Such inspection shall be made to determine that a pedicab is in a reasonably
good state of repair, is clean, and that the pedicab is equipped and is being operated
in compliance with all requirements of this article.
(3) The inspection shall be made at a place designated by the administrator. The
administrator shall cause the record of such inspection to be reduced to writing and a
permanent record made thereof. Such record shall be kept for a period of at least
three (3) years.
a. If the inspection reveals that any such pedicab is not in a reasonably
good operating condition, from the standpoint of the safety, health and
comfort of passengers, the pedicab shalt be ordered out of service until such
time as remedial repairs and corrections have been made.
b. Such pedicab shall be reinspected to determine whether or not proper
repairs and corrections have been made. In no case shall the pedicab be
permitted to resume its operation until such repairs and corrections have been
made and an inspection has been conducted.
(4) The inspection shall include, but not be limited to, the following required
items:
a. Head lights;
b. Taillights;
C. Turn signals;
d. Flashing lights;
e. A braking system (front and back);
f. Standard bell;
g. Reflectors on wheels and carriage;
h. Rubber on all wheels;
i. A rearview mirror;
j. A safety flag; and
k. A slow moving vehicle sign attached to the rear of the pedicab.
(c) Identification.
(1) The administrator shall issue a sticker for each pedicab licensed under this
article. The sticker shall be attached to the pedicab as designated by the
administrator.
(2) The name of the company operating the pedicab and the telephone number of
that company shall be conspicuously posted on the rear of each pedicab in letters not
less than two (2) inches high.
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Transportation Code Amendments
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I Sec. 34 -133. Safety and health.
2 All restrictions and requirements for motorized vehicles contained in city ordinances and state
3 statutes shall apply to pedicabs except those which, by the nature of pedicabs, could have no
4 application.
5 Sec. 34 -134. Designated pedicab service area; Hours of service.
6 (a) No pedicab shall be operated outside of the "Downtown Area ". For the purposes of this
7 article, the Downtown Area is defined as that area bordered by the following: North - President Clinton
8 Blvd. (Markham Street); South - 71" Street; East - Clinton Presidential Library Et Heifer International;
9 and West - Woodlane Street (State Capitol). Pedicab operation is prohibited on La Harpe Blvd., 2nd and
10 3rd Streets between Broadway Street on the West and Rock Street on the East. The director may
11 prohibit the operation of pedicabs on other streets if, in the opinion of the director, conditions warrant
12 such prohibition.
13 (b) No pedicab shalt be parked or operated on any sidewalk or walkway.
14 (c) Pedicabs shall not operate during the non - holiday weekday rush hours of 7:00 a.m. to
15 9:00 a.m. and 4:00 p.m. to 6:00 p.m. except upon approval of the Board of Directors.
16 Sec. 34 -135. Pedicab service area exception permit.
17 (a) If a holder of a pedicab certificate of convenience and necessity desires to provide
18 pedicab service in areas other than the designated Downtown Area, the holder shall obtain a pedicab
19 service area exception permit from the director at least twenty -four (24) hours before use of the
20 permit. Such permit shalt not be issued without the submission of a written application for the
21 director's review and approval. The application shall state the need for the permit, identify the
22 pedicabs to be used and identify the desired route and time of the pedicab service.
23 (b) Upon approval of the application and issuance of the pedicab service area exception
24 permit, the director may condition the permit upon any requirement the director deems to be in the
25 interest of public safety, including, but not limited to, requiring the holder to have a vehicle escort
26 following the pedicab on major thoroughfares or requiring additional temporary lighting on the
27 pedicab.
28 Sec. 34 -136. Fares.
29 (a) A certificate holder shall file with the director a schedule of fares to be charged for
30 pedicab services provided. A holder shall notify the director within forty -eight (48) hours of any
31 changes in the fare schedule filed by the holder.
32 (b) The schedule of fares shall be conspicuously posted on each pedicab at a location
33 designated by the director.
34 (c) The use of any type of meter or measuring device to calculate the rate of fare is
35 prohibited.
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I Sec. 34 -137. Pedicab passenger restrictions.
2 No pedicab shall be operated transporting more than the manufacturer - recommended
3 maximum number of passengers.
4 Sec. 34 -138. Standing.
5 No pedicab shall stand or park on any public roadway for longer than is necessary to load or
6 unload passengers. All loading and unloading of passengers from a roadway shall be from a curb lane.
7 Sec. 34 -139. Discontinuance of pedicabs; Transfer of certificate of convenience and
8 necessity.
9 (a) Any certificate holder who intends to discontinue the use of any or all licensed
10 pedicabs shall immediately file with the director a statement, verified by affidavit, of the number of
11 pedicabs to cease operation and the reasons for such action. The failure to file this statement within
12 one (1) business day from the day the use of a pedicab is discontinued shall lead to suspension of any
13 other pedicab licenses issued to the certificate holder. The withdrawal of any pedicab from operation,
14 for the purpose of conditioning, overhauling or repairing the pedicab, shall not be considered
15 discontinuing operation under this section. If proper notice is given that use of a particular licensed
16 pedicab will be discontinued, and if a substitute pedicab complies with the provisions of this article,
17 then the director shalt transfer the license to the new pedicab.
18 (b) No holder of a certificate of convenience and necessity may sell, assign, lease or
19 otherwise transfer the rights and privileges granted thereunder to any other person without first having
20 been granted written permission to do so by the board of directors.
21 Sec. 34 -140. Revocation or suspension of certificate of convenience and necessity, pedicab
22 licenses, or pedicab driver permit.
23 (a) Any certificate of convenience and necessity, pedicab licenses, or pedicab driver
24 permit which have been issued to any person may be suspended by the director upon a reasonable
25 belief that there is good cause for such a suspension, and may be revoked after a public hearing on the
26 issue has been held by the director. Except for suspension because of issues of public safety, any
27 revocation shall be effective upon the expiration of three (3) days after the mailing of such notice to
28 the certificate or permit holder. For suspensions based upon public safety violations, the suspension
29 shall be effective immediately upon such a finding by the director, provided written notice is promptly
30 mailed to the certificate or permit holder. In addition to public safety concerns, and the other reasons
31 set forth in this article, the director may suspend or revoke a certificate of convenience and necessity
32 if the certificate holder has failed, or shall fail, to file with the Secretary of State any report required
33 by Arkansas law.
34 (b) Any person whose certificate of convenience and necessity, pedicab license or permit
35 has been suspended or revoked by the director may appeal such suspension or revocation to the board
36 of directors by giving notice in writing to the director within ten (10) calendar days of the date of
37 mailing of such notice to the certificate or permit holder as set out above, provided that the
[PAGE 40 of 43]
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I certificate or permit holder shall not be permitted to operate during the pendency of an appeal if the
2 suspension or revocation is based upon a public safety violation.
3 (c) Notice of suspension or revocation shall be sent by registered mail, return receipt
4 requested, to the listed office of the certificate or permit holder. A copy of the suspension or
5 revocation shall be provided to the chief of police, and shall be publicly posted at the office of the
6 director. In addition, the director shall attempt to contact the certificate or permit holder by
7 telephone, or telefacsimile, on the date the suspension or revocation is issued.
8 Sec. 34 -141. Pedicab drivers.
9 (a) No person shall operate a pedicab for hire upon the streets of the city, and no
10 certificate holder who owns or controls a pedicab for hire shall permit such pedicab to be so driven,
11 unless the driver of the pedicab shall have first obtained a current pedicab driver permit which has
12 been approved and issued by the director or the director's designee.
13 (b) Pedicab driver qualifications.
14 (1) The applicant shall be at least eighteen (18) years of age.
15 (2) The applicant shall have an appropriate and valid driver's license as required
16 pursuant to state law.
17 (3) The applicant must have experience in operating a pedicab.
18 (c) Pedicab driver permit application. Any person desiring a pedicab driver permit shall
19 obtain and complete a pedicab driver permit application. The form of such application shall be
20 developed by the administrator and shall include, but not be limited to, the name, address, and age of
21 the applicant.
22 (d) Investigation. The pedicab operator shall ensure that each driver permit applicant
23 obtain a criminal record check and a traffic record from each state of the driver applicant's previous
24 and current residence for the thirty -six (36) months preceding the driver permit application. Each
25 pedicab driver permit applicant shall return the criminal record check(s) and traffic record(s) to the
26 administrator. Drivers are responsible for reporting to the administrator any change in qualifications or
27 other licensing or permitting information previously supplied within ten (10) days of the change.
28 Failure to do so may lead to revocation of the driver's permit.
29 (e) A pedicab operator shall report to the administrator any matter the operator is aware
30 of that would disqualify a pedicab driver under this chapter."
31 (f) Pedicab driver permit fee. Each applicant for a pedicab driver permit shall pay to the
32 city a non - refundable fee of twenty dollars ($20.00) at the time the application is filed.
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I (g) Duplicate pedicab driver permit. If a pedicab driver's permit has been lost or
2 destroyed, the payment of ten dollars ($10.00) as a replacement fee shall be required, and the director
3 shall issue a duplicate pedicab driver's permit.
4 (h) Pedicab driver permit term; Renewal. A permit issued under this section shall
5 be valid for a one (1) year period commencing on the date of issue, and extending through the
6 twelve (12) months past the date of issue. Permits shall be renewed in the following manner:
7 (1) Submittal of a pedicab driver permit renewal application to the
8 director;
9 (2) Submittal of the required criminal background report(s) and the
10 required traffic record(s);
11 (3) Payment of a twenty dollar ($20.00) renewal fee at the time of
12 submittal of the permit renewal application.
13 (4) The permittee shall comply with all applicable ordinances and
14 regulations of the city.
15 (i) Pedicab driver conduct.
16 (1) The driver shall obey all traffic laws and regulations of the city and state.
17 (2) No driver shall operate a pedicab while under the influence of alcohol or
18 narcotic drugs.
19 (3) No driver shall permit passengers in excess of the manufacturer recommended
20 passenger capacity design of the pedicab.
21 (4) Drivers shall wear a safety helmet while the pedicab is in operation.
22 (5) Drivers shall be in the driver's seat and shall have control over the pedicab
23 before loading or unloading passengers.
24 (6) No driver shall permit passengers to stand on any part of the pedicab while in
25 motion. Drivers shall take all necessary precautions to prohibit such activity."
26 Section 50.Severability. In the event any section, subsection, subdivision, paragraph,
27 subparagraph, item, sentence, clause, phrase, or word of this ordinance is declared or adjudged to be
28 invalid or unconstitutional, such declaration or adjudication shall not affect the remaining provisions
29 of this ordinance, as if such invalid or unconstitutional provision was not originally a part of this
30 ordinance.
31 Section 51. Repealer. All ordinances, resolutions, bylaws, and other matters inconsistent with
32 this ordinance are hereby repealed to the extent of such inconsistency.
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Section 51. Emergency. Since the City's Transportation Code was intended to be a
comprehensive codification of ordinances dealing with for -hire transportation within the City of Little
Rock, Arkansas, and such regulation is essential to protect the public health, safety and welfare, an
emergency is declared to exist and this ordinance shall be in full force and effect from and after the
date of this adoption.
PASSED: November 3, 2008
ATTEST: APPROVED: ;i /
W Wood, ty er
AP ROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City Att6dney
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Transportation Code Amendments
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Stodola,