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HomeMy WebLinkAbout749Oenneii & gurda ATTORNEYS AT LAW BARNETT BUILDING BATESVILLE. ARKANSAS `/ 3 ORDINANCE NO. % An ordinance declaring the operation of transportation of people and goods for hire a privilege, providing for the regulation of same, setting rates and prescribing minimum standards of service to be rendered. SECTION 1: Transportation of People and Goods for Hire A Privile Hereafter from the passage of this ordinance the transporta tion of people and goods for hire is declared to be a privilege and no person shall transport any person or goods for hire in the city of Batesville without securing a franchise from the City of tesville. SECTION 2: Definitions Words used in this ordinance in addition to their usual land 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 vehicle. Owner: Any person who applies for or holds a permit under this ordinance. Permit: A license necessary to operate each vehicle. Person: An individual, partnership, corporation, associa- tion or any combination thereof. Vehicle: A piece of equipment in which persons or goods are transported for hire. Transportation for hire: The moving of persons, goods, or objects from one point to another for money or money's worth. SECTION 3: Franchise Application - Contents Each person desiring a franchise for transportation for hire shall file with the city clerk an application setting forth the following items: a) The name of the person desiring the application. If a partnership, association or corporation, then the part- ners, members of the association or shareholders of the corporation shall be listed. 93enneit V 9.riGe ATTORNEYS AT LAW BARNETT BUILDING BATESVILLE, ARKANSAS b) Whether the person (or if a partnership any of the part -1 hers, or if an association any of the members or if a corporation any of the stockholders) have been convicted of any misdemeanors or felony. c) A list of vehicles to be used by the owner. The model make and vehicle identification number shall be stated. The ownership of the vehicle shall be stated and if a lien is outstanding, the holder of the lien stated also. d) The experience and qualifications of the person applying for the franchise, including his financial ability. e) The proposed principal place of business. f) The nature and type of telephone service, radio dis- patching if any. g) The proposed hours of operation. h) Any other facts which the applicant thinks helpful in determining his suitability to become a permit holder. SECTION 4: Council may award one or more franchise The City Council shall consider each applicant for a fran- chise and may issue a franchise to only one person or to more than one person. The granting of any franchise shall be by duly adopte( resolution of the City Council. At its option the City Council may advertise for and grant an exclusive franchise to one person to furnish the necessary vehicles for hire. The city may set the minimum number of vehicles to be operated under an exclusive franchise. SECTION 5: Requirerrlents precedent to issuance of permits After the awarding of a franchise no vehicle will be oper- fated until a permit has been issued for each vehicle. The City lerk shall issue a permit if but only if the following prerequi- sites have been met: a) The owner shall furnish liability insurance policy paid up for one year on the vehicle in the following minimum i, amounts: $10,000 for each person; $20,000 per each accider.V $10,000 property. ' b) The name of the operator of the vehicle. c) A written statement signed by a doctor that each opera- tor is in good health and has no communicable diseases and is not subject to diabetic seizures, epileptyc seizures, has vision corrected to 20-30 and has full use of four limbs. d) Payment of the permit fee of $100.00 for first vehicle and $50.00 for each additional vehicle. -2- S b) Whether the person (or if a partnership any of the part -1 hers, or if an association any of the members or if a corporation any of the stockholders) have been convicted of any misdemeanors or felony. c) A list of vehicles to be used by the owner. The model make and vehicle identification number shall be stated. The ownership of the vehicle shall be stated and if a lien is outstanding, the holder of the lien stated also. d) The experience and qualifications of the person applying for the franchise, including his financial ability. e) The proposed principal place of business. f) The nature and type of telephone service, radio dis- patching if any. g) The proposed hours of operation. h) Any other facts which the applicant thinks helpful in determining his suitability to become a permit holder. SECTION 4: Council may award one or more franchise The City Council shall consider each applicant for a fran- chise and may issue a franchise to only one person or to more than one person. The granting of any franchise shall be by duly adopte( resolution of the City Council. At its option the City Council may advertise for and grant an exclusive franchise to one person to furnish the necessary vehicles for hire. The city may set the minimum number of vehicles to be operated under an exclusive franchise. SECTION 5: Requirerrlents precedent to issuance of permits After the awarding of a franchise no vehicle will be oper- fated until a permit has been issued for each vehicle. The City lerk shall issue a permit if but only if the following prerequi- sites have been met: a) The owner shall furnish liability insurance policy paid up for one year on the vehicle in the following minimum i, amounts: $10,000 for each person; $20,000 per each accider.V $10,000 property. ' b) The name of the operator of the vehicle. c) A written statement signed by a doctor that each opera- tor is in good health and has no communicable diseases and is not subject to diabetic seizures, epileptyc seizures, has vision corrected to 20-30 and has full use of four limbs. d) Payment of the permit fee of $100.00 for first vehicle and $50.00 for each additional vehicle. -2- 03ennett & Turtle ATTORNEYS AT LAW BARNETT BUILDING BATESVILLE. ARKANSAS SECTION 6: Further duties of holders of franchise Any holder of a franchise shall notify the City Clerk of any s change of ownership of vehicles, or the change of any operator. The City Clerk shall note upon the permit the changes by endorse- ment. SECTION 7: Minimum standards of service The following minimum standards of service shall be main- tained by an owner: a) A safe automobile in good running order. b) Operators free from communicable diseases and health hazards. c) Service from 7 a.m. to 9 p.m. Monday through Saturday, holidays excepted. d) Maintenance of a place of business and telephone. e) Parking in designated areas. f) Marking of vehicle - all vehicles shall have the fol- lowing markings: (1) Rates for service (2) Telephone number of place of business (3) Word Taxi, Cab or words of similar import placed on both sides and back of vehicle. SECTION 8: Rates The following rates are hereby authorized and no rate may The greater or less than this schedule. 75¢ per mile inside city limits. An additional 25¢ for grocery pick up. ISECTION 9: Revocation of franchise A franchise can be revoked by the City Council for cause land after a hearing before the Council. Notice shall be given to the owner at least 10 days before the hearing. Cause for revoca- tion 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 or federal law by owner or operator of a vehicle. d) Satisfactory evidence to the City Council that the owner or operator of a vehicle is guilty of engaging or interested in the procuring of the transportation of, the possession of, the sale of, the manufacture of intoxicating liquors or other drugs. -3- e) Satisfactory evidence to the City Council that the owner or operator is engaged in, interested in the traffic of, transporting of females for prostitution or males for homosexual acts. SECTION 10: Penalty for violation of act It is hereby declared a misdemeanor to transport persons or goods for hire without a franchise. Any person found guilty of violation of this ordinance shall be fined in any sum not less than $25.00 nor more than $500.00 and each day's violation shall constitute a separate offense. SECTION 11: Exceptions There is hereby excepted from the operation of this ordi- ce any person who transports goods within the City of Batesville that holds operating authority from the Arkansas Commerce Com-- ssion. ECTION 12: Repeal Ordinance No. 596 adopted May 7, 1946 and Ordinance No. 719 dopted December 27, 196 are expressly repealed. TION 13: Emergency Clause An emergency is hereby declared to exist and this ordinance eing necessary for the safety of the persons of Batesville, shall in full force and effect from and after its passage. ssed and approved this 12th day of December, 1967. Attest: City C rk �enne�i V �uriGe ATTORNRYS AT LAW BARNETT BUILDING BATESVILLE. ARKANSAS -4- Mayor t