HomeMy WebLinkAbout1994-11-03 ® ORDINANCE NO. 94- �
BEFORE THE CITY COUNCIL OF
THE CITY BATESVILLE, ARKANSAS
AN ORDINANCE AMENDING THE TAXICAB FRANCHISE ORDINANCE
AND FOR OTHER PURPOSES
BE IT CONSIDERED AND ORDAINED:
TAXICAB FRANCHISE
SECTIONS•
4 .24. 01 Operating a taxicab service is a privilege.
4 .24 .02 Definitions
4 .24 . 03 Taxicab franchise application - contents
4 .24 . 04 Council may award one or more franchises
4 .24 . 05 Requirements precedent to issuance of taxicab
franchise
4 . 24 . 06 Further duties of holders of franchise
4 . 24 . 07 Minimum standards of service
4 .24 . 08 Revocation of franchise
4 .24 . 09 Penalty
4 24.01 Operating a taxicab service is a privilege.
Operating a taxicab service is declared to be a privilege and no
person shall operate a taxicab service in the City of Batesville
without securing a franchise from the City of Batesville.
4.24.02 Definitions.
Words used in this ordinance in addition to their usual and
customary meaning will also have the following meanings:
Exclusive Franchise: Operating authority granted to only one
person and to the exclusion of all others.
Franchise: Operating authority granted by the City of
Batesville.
Operator: The person at the controls of a taxicab.
Owner: Any person who applies for or holds a permit under
this ordinance.
Person: An individual, partnership, corporation, association,
or any combination thereof.
Taxicab: An automobile used to transport persons for public
hire, usually on local or short trips.
Taxicab Service: A business offering the hire of one or more
taxicabs to the general public.
4.24.03 Taxicab franchise application - contents.
Each person desiring a taxicab service shall file with the
clerk/treasurer an application setting forth the following items:
(a) The name of the person desiring the application, If a
partnership, association, or corporation, then the partners,
members of the association or shareholders of the corporation shall
be listed.
(b) Whether the person (or if a partnership any of the
partners, or if an association any of the members or if a
corporation any of the stockholders) has been convicted of any
misdemeanor or felony.
(c) A list of taxicabs to be used by the owner. The model,
make, and taxicab identification number shall be stated. . The
ownership of the taxicab shall be stated and if lien is
outstanding, the holder to the lien stated also.
(d) The experience and qualifications of the person applying
for the franchise.
(e) The proposed principal place of business.
( f) The nature and type of telephone service, radio
dispatching if any.
(g) The proposed hours of operation.
(h) Any other facts which the applicant thinks helpful in
determining his or her suitability to become a franchise holder.
4 24 04 Council may award one or more taxicab franchises
The city council shall consider each applicant for a franchise and
may issue a franchise to only one person or to more than one
person. The granting of any franchise shall be by duly adopted
resolution of the city council.
At its option the city council may advertise any request for an
exclusive franchise to one person to furnish the necessary taxicabs
to be operated under an exclusive franchise.
4 24 05 Requirements precedent to operating a taxicab
service.
After the awarding of a taxicab franchise, no taxicab will be
operated until the following prerequisites have been met:
(a) The owner shall furnish liability insurance policy on each
taxicab in the following minimum amounts: $25, 000 . 00 for each
person; $50, 000 . 00 per each accident; $15 , 000 . 00 property.
(b) The name of the operator of the taxicab.
(c) A written statement signed by the owner that each
operator is in good health and has no communicable diseases and is
not subject to seizures, has vision corrected to 20-30, and is
capable of operating a vehicle safely.
(d) Payment of the annual franchise fee of $50 . 00 for each
taxicab to be prorated to January 1 and due January 1 thereafter.
4.24.06 Further duties of holders of franchise.
Any holder of a franchise shall notify the clerk/treasurer of any
change of ownership of taxicabs, or the change of any operator.
4.24.07 Minimum standards of service.
The following minimum standards of services shall be maintained by
an owner:
(a) A safe automobile in good running order.
(b) Operators free from communicable diseases and health
hazards.
(c) Maintenance of a place of business and telephone.
(d) Marking of taxicab - all taxicabs shall have the
following markings:
( 1) Telephone number of place of business
(2 ) Word Taxi, Cab or words of similar import
placed on both sides and back of taxicab on those
vehicles for hire by general public.
4.24.08 Revocation of franchise.
A franchise can be revoked by the city council for cause and after
a hearing before the council. Notice shall be given to the onwers
at least ten ( 10 ) days before the hearing. Cause for revocation
shall include, but is not limited to the following:
(a) Violation of any of the provisions of this ordinance.
(b) Failure to render satisfactory service to the general
public.
(c) Violation of any state of federal law by owners or
operator of a taxicab.
(d) Satisfactory evidence to the city council that the owner
or operator of a taxicab is guilty of engaging or interested in the
procuing of the transportation of, the possession of, the sale of,
the manufacture of intoxicating liquors or other drugs.
(e) Satisfactory evidence to the city council that the owner
or operator is engaged in transporting persons for prostitution or
homosexual acts.
4.24.09 Penalty
It is hereby declared a misdemeanor to operated a taxicab service
without a franchise. Any person found guilty of a violation of
this ordinance shall be fined in any sum not less than Twenty-five
Dollars ($25. 00) nor more than Five Hundred Dollars ($500.00 ) and
each day's violation shall constitute a separate offense.
NJ _
IT IS SO ORDAINED thisday of ?.� i . . , 1994 .
. . . . . �.. . . . .
M BARNE
HONORABLE JITT, MAYOR
DENISE JOHNSTON
CITY CLERK