HomeMy WebLinkAbout2009-06-06 ORDINANCE NO. 2009-6-6,
AN ORDINANCE AMENDING CHAPTER 4.24 OF THE BATESVILLE
MUNICIPAL CODE GOVERNING TAXICAB FRANCHISES,DECLARING AN
EMERGENCY,AND FOR OTHER PURPOSES
WHEREAS, Chapter 4.24, of the Batesville Municipal Code Governing Taxi
Cab Franchises have become outdated and in need of being brought up to date to meet
current state law and the needs of the citizens of the City of Batesville, Arkansas.
WHEREAS, it is the desire of the City Council of the City of Batesville,
Arkansas,to amend Chapter 4.24 of the Batesville Municipal Code governing Taxi Cab
Franchises to reflect the current laws of the State of Arkansas and the needs of the
citizens of the City of Batesville,Arkansas.
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF
BATESVILLE,ARKANSAS THAT CHAPTER 4.24 et seq OF THE CITY OF
BATESVILLE MUNICIPAL CODE BE AMENDED AS FOLLOWS:
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. (Ord. No. 94-11-3)
4.24.02 DEFINITIONS
For the purpose of this chapter,the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
Applicant. The person or entity applying for a taxicab franchise.
Certircate: A Certificate of Public Convenience and Necessity issued by the
City authorizing the holder thereof to conduct a taxicab business.
fttE City shall mean the City of Batesville, Arkansas.
Driver's permit. The permission granted by the City to a specific person to
drive a taxicab upon the streets of the City.
Exclusive Franchise: Operating authority granted to only one (1)person
and to the exclusion of all others.
Franchise: Operating authority granted by the City
• Holder: A person to whom a Certificate of Public Convenience and
Necessity has been issued.
Limousine: A limousine is defined as a large, luxurious vehicle
driven by a chauffeur who is separated from the passengers by a
partition,used to transport passengers to special events, and not on
call for immediate transportation of passengers as a normal taxicab
service.
Manifest, A daily record prepared by a taxicab driver and/or taxicab
company of all trips made by company vehicles showing date, time
and place of origin, destination,number of passengers and the
amount of fare of each trip.
Passenger: The person who hires the services of a taxicab and includes both
the singular and plural.
Person: Includes an individual, a corporation, or other legal entity, a
partnership and any unincorporated association.
Rate card: A card issued by the City for conspicuous display in each taxicab,
• which contains the rates of fare then in force.
Taxicab: A motor vehicle regularly used for carrying passengers for hire,
having a seating capacity of no more than seven(7)passengers and
not operated on a fixed route. This definition expressly excludes
limousines.
Taxicab service: A business offering the hire of one (1) or more taxicabs to
the general public. (Ord. No. 94-11-3)
Waiting time: The time when a taxicab is not in motion from the time of
acceptance of a passenger or passengers to the time of
discharge,but does not include any time that the taxicab is
not in motion if due to any cause other that the request, act,
or fault of a passenger or passengers.
4.24.03 RATES
(A) All taxicabs shall utilize a meter for calculation of rates and such apparatus shall
be clearly visible to the passenger of the vehicle.
•
• (B) The City has the authority to establish the maximum allowable rates for all
taxicabs, consistent with the provisions of Arkansas Code Annotated § 14-57-303. The
maximum allowable rate shall be established by City Ordinance on the date of the
enactment of this Ordinance and thereafter at any such time as determined by the City.
(C) Each licensed taxicab company shall, upon the enactment of this Ordinance and
the Ordinance establishing the maximum allowable rate, submit to City the fare schedule
the taxicab company will utilize for the remainder of the year of the enactment of said
Ordinances and on or before January 1 of each year thereafter. Each taxicab company
shall post this fare schedule prominently within each taxicab in full view of the
passenger. The posted fare schedule shall include the maximum allowable rate
established by the City.
4.24.04 CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
REQUIRED;
ISSUANCE PROCEDURE
(A) No person shall operate or permit a taxicab owned, leased or controlled by
him/her to be operated as a vehicle for hire upon the streets of the City without having
first obtained a Certificate of Public Convenience and Necessity from the City.
(B) An application for a certificate shall be filed with the Code Enforcement
• Department upon forms provided by the City and said application shall be verified under
oath and shall furnish the following information:
(1) The name,address and telephone number of the applicant, including the name,
physical address,mailing address and telephone number of all officers and stockholders
of the company, if incorporated, and the name of the person to whom complaints should
be directed;
(2) The physical address from which the business is to be conducted if different
from the information provided in(1), above.
(3) The experience of the applicant including all officers and stockholders of the
company, if incorporated, in the transportation of passengers;
(4)Any facts which the applicant believes tend to prove that public convenience
and necessity require the granting of a certificate;
(5) The number of vehicles to be available for operation or controlled by the
applicant and the location of proposed depots and terminals. The applicant shall furnish a
minimum and maximum number of vehicles to be permitted;
• (6) The color scheme or insignia to be used to designate the vehicle or vehicles of
the applicant;
• (7)The hours between which the applicant proposes to provide taxicab service to
the general public, and the days, if any, on which the applicant does not propose to
provide taxicab service to the general public, and;
(8)The rate schedule which the applicant proposes to use to charge passengers.
(9) The annual fee for the franchise and Certificate of Public Convenience and
Necessity is $250.00.
(C) Findings of the City.
(1) If the City finds that further taxicab service in the City is required for public
convenience and necessity and that the applicant is fit, willing, and able to perform such
public transportation services and to conform to the provisions of this subchapter,then
the City shall issue a certificate stating the name of the applicant,the physical and
mailing address of the applicant and the number of vehicles authorized under the
certificate and the date of issuance; otherwise, the application shall be denied.
(2)The City shall deny any application in which the proposed hours of service or
the proposed rate schedule are found to be unreasonable to meet the public need.
(3) In making the above findings,the City shall take into consideration the
• number of taxicabs already in operation, whether existing transportation is adequate to
meet the public need,the probable effect of increased service on local traffic conditions,
and the character, experience, and responsibility of the applicant.
4.24.05 LIABILITY INSURANCE
No Certificate of Public Convenience and Necessity shall be issued or continued in
operation unless there is in full force $25,000.00 for personal injury to, or death of, any
one person in any one accident, and liability limits of$50,000.00 for personal injury to,
or death of,two or more persons in any one accident, and $25,000.00 for injury to or
destruction of property or others in any one accident. The insurance shall be maintained
with an insurance company authorized to do business in the State of Arkansas. A
certificate evidencing such insurance shall be filed with the Code Enforcement Office.
4.24.06 HEARING ON APPLICATION (ACA § 14-57-307)
(A) Upon the filing of an application,the City shall cause to be given ten days prior,
to each and every taxicab operator in the City a due and reasonable notice, in writing to
the mailing address of record.Notice of the hearing shall set forth the time and place of
the hearing. The hearing shall be conducted by the City for all persons interested in, or
• affected by,the application.
(B) All persons interested in, or affected by, the application, including all carriers at
• the time rendering any type of for-hire service in the City, shall have the right, either in
person or by their designated agent or representative,to be present at all such hearings
and to introduce evidence and to be heard either in support of, or in opposition to,the
application.
4.24.07 LICENSING REQUIREMENTS
(A) Decal required.
No certificate shall be issued or continued in operation unless the holder thereof has
secured from the City an annual permit decal for each vehicle granting the right to engage
in the taxicab business. Permit decals shall be placed on the rear window of the permitted
vehicle, and be clearly visible at all times. The licensing shall be for the calendar year,
with holders required to file annual renewal applications and pay fees at least thirty (30)
days prior to the end of each year; and shall be in addition to any other license fees or
charges established by proper authority and applicable to the holder or the vehicle or
vehicles under his/her operation and control. All vehicles so licensed shall be required to
show proof of the purchase of for hire tags from the State of Arkansas.
(B) Surety Bond(ACA §14-57-306)
(1) No permit shall be granted under Arkansas Code Annotated § 14-57-304
until and unless the applicant shall file with the City Council or their designees a surety
• bond of a corporate surety authorized to do business in the State of Arkansas, in such
amount as the City shall determine, conditioned upon the applicant establishing,
maintaining, and continuing the proposed service until such time as the permit issued to
applicant is cancelled, withdrawn, or has expired.
(2) If the applicant fails to comply with the provisions of the bond,the City
shall forfeit such amount of the bond, as it shall deem necessary to adequately
compensate the City for loss of the applicant's service.
(3) The amount of the bond is $200.00.
(C) Dispatching
Every certificate holder shall maintain a dispatch system in operation during the hours of
operation set forth in the application for the Certificate of Public Convenience and
Necessity, capable of providing reasonably prompt service in response to requests
received by telephone. Two-way radios are the preferred system. Citizens Band(CB)
radios shall not be used. Direct cell phone communication between a fare and the driver
of a taxicab for the purpose of hiring the services of the taxicab is allowed.
(D) Scanners prohibited.
The use of scanners or other similar devices to monitor the calls of other taxicab
operator's is hereby prohibited.
•
• 4.24.08 TRANSFER OF CERTIFICATE
No Certificate of Public Convenience and Necessity may be sold, assigned, mortgaged,
or otherwise transferred without the consent of the City.
4.24.09 SUSPENSION,REVOCATION OF CERTIFICATE
(A) A certificate issued under the provisions of this article may be suspended by the
Code Enforcement Office if the holder thereof has (1)violated any of the provisions of
this article, (2) discontinued operations for more than 20 days, (3)violated any
Ordinances of the City, or the laws, federal or state, the violations of which reflect
unfavorably on the fitness of the holder to offer public transportation.
(B) The Code Enforcement Office shall inform the City Council of all such
suspensions, and may also recommend the revocation of a certificate. Upon such
recommendation,the City Council shall set a time and place for a revocation hearing. The
holder shall be given 15 days written notice at the mailing address of record of the
proposed action to be taken and shall be given an opportunity to be heard.
4.24.10 TAXICAB DRIVER'S PERMIT REQUIRED; ISSUANCE PROCEDURE
(A) No person shall operate.a taxicab for hire upon the streets of the City and no
• person who owns or controls a taxicab shall permit it to be operated on the streets of the
City at any time for hire, unless the driver of said taxicab shall have first obtained a
taxicab driver's permit issued under the provisions of this subchapter.
(B) Application required.
(1)An application for a taxicab driver's permit shall be filed with the Code
Enforcement Office on forms provided by the City and such application shall be verified
under oath and shall contain the following information:
(a) The names and addresses of four residents of Independence County,
who have known the applicant for a period of one year and who will vouch for the
sobriety,honesty and general good character of the applicant.
(b)A concise history of his/her previous employment.
(c) Satisfactory proof that the applicant is twenty one(21) years of age of
over,as required by ACA § 14-57-404.
(C) Before any application is considered by Code Enforcement Office, the applicant
shall be required to present a current Arkansas Driver's License,with the appropriate
endorsement allowing the transport of passengers for hire.
• (D) The Code Enforcement Office shall conduct,through the local sheriff's office,
local police department or other appropriate law enforcement agency,-a local background
check of each applicant for a taxicab driver's permit, and a report of such background
check and a copy of the traffic and police record of the applicant, if any, shall be attached
to the application by the Code Enforcement Office. The applicant shall disclose if he or
she has been convicted of any felony or misdemeanor DWI or DUI within the past six (6)
years.
(E) The applicant must show proof that he or she does not carry any communicable
diseases including but not limited to Tuberculoses and Hepatitis. This can be a letter
from the applicant's family physician or from the Department of Health.
(F) It shall be the responsibility of the permittee to notify the Code Enforcement
Office in writing within ten(10) days of any change in the status of the driver pertaining
to the requirements of(D) and(E), above.
(G) The Code Enforcement Office shall,upon consideration of the application and the
reports and certifications required to be attached thereto, approve or reject the
application. If the application is rejected,the applicant may request a hearing before the
City Council to offer evidence why his/her application should be reconsidered.
(H) Form and term ofpermit.
• (1)Upon approval of an application for a taxicab driver's permit, the Code
Enforcement Office shall issue to the applicant a driver's permit which shall bear the
name, address, age, signature and photograph of the applicant.
(2) Said permit shall be in effect for the remainder of the calendar year. A renewal
permit for each calendar year thereafter shall be issued,unless the permit for the
preceding year has been revoked. Each certificate holder shall maintain copies of the
driver's permit application and other supporting information so long as the driver is
employed by the certificate holder. Each certificate holder shall promptly inform the
Code Enforcement Office upon the termination or resignation of a driver.
4.24.11 DISPLAY OF PERMIT
Every driver under this article shall post his/her driver's permit in such a place as to be in
full view of all passengers while the driver is operating the taxicab, and the permit shall
be illuminated when necessary for viewing.
4.24.12 SUSPENSION,REVOCATION OF PERMIT
The Code Enforcement Office is hereby given the authority to suspend any driver's
permit issued under this article for a driver's failure or refusal to comply with the
provisions of this article, such suspension to last for a period of not more than ten days.
• The Code Enforcement Office is also given authority to revoke any driver's permit for
failure to comply with the provisions of this article. However, a driver's permit may not
• be suspended or revoked unless the driver has received written notice and has had an
opportunity to present evidence in his behalf.
4.24.13 FAILURE TO COMPLY WITH APPLICABLE LAW
Every driver licensed under this article shall comply with all City, state, and federal laws.
Failure to do so will justify the Code Enforcement Office in instituting proceedings for
revocation of the driver's permit.
4.24.14 VEHICLES TO BE KEPT SAFE AND SANITARY
Every vehicle operating under this article shall be subject to a thorough examination and
inspection by the Code Enforcement Office. The cost of this inspection is included in the
annual fee for the franchise and Certificate of Public Convenience. The vehicle must
comply with such reasonable rules and regulations as may be prescribed by the Code
Enforcement Office. These rules and regulations shall be promulgated to provide safe
transportation and shall specify such safety equipment and regulatory devices as the Code
Enforcement Office shall determine necessary. The vehicle, upon passage of an
inspection shall be affixed with a decal that certifies the vehicle as safe to operate in the
City of Batesville. If a properly inspected, licensed taxicab with decal is taken out of
service and replaced with another taxicab,the replacement taxicab must be inspected by
the Code Enforcement Office and receive a decal with the owner paying $100:00
administrative fee.
• Each vehicle operating as a taxicab must be kept clean and sanitary. Complaints received
from the public to the Code Enforcement Office will be investigated, and if deemed
necessary, will be just cause for suspension or revocation of the driver's permit.
4.24.15 DESIGNATION OF VEHICLE AS TAXICAB BY INSIGNIA OR THE
LIKE
No vehicle covered by the terms of this article shall be licensed whose color scheme,
identifying design, monogram, or insignia to be used thereon shall, in the opinion of the
Code Enforcement Office, conflict with or imitate any color scheme, identifying design,
monogram or insignia used in or on a vehicle or vehicles already operating under this
article,in such a manner as to be misleading or tend to deceive or defraud the public; and
provided further,that if, after a license has been issued for a taxicab hereunder,the color
scheme, identifying design, monogram or insignia is used by any other person, owner or
operator, in such a manner as to be misleading or tend to deceive the public,the license
of or certificate covering such taxicab or taxicabs shall be suspended or revoked. The
holder of the Certificate of Public Convenience and Necessity shall also be required to
display the decal arming the safe condition of the vehicle. In addition, every taxicab
shall have affixed to its roof an illuminated sign bearing either the word"Taxicab"or
"Taxi."
•
• 4.24.16 ACCEPTANCE, DISCHARGE OF PASSENGERS
(A) Duties of Drivers.
(1)Restrictions on number ofpassengers.
No driver shall permit more persons to be carried in a taxicab as passengers than
the rated seating capacity of the taxicab as defined by the vehicle manufacturer. Every
taxicab, as required by Arkansas Law, shall carry a child safety seat and the driver shall
know how to properly install and safely use such device. A child under six years of age,
properly restrained by a child safety seat shall not be counted as an extra passenger when
accompanied by an adult.
(2)Refusal to carry orderly passengers prohibited.
No driver shall refuse or neglect to convey any orderly person or persons, or any
person or persons accompanied by a Seeing Eye dog. It shall not be unlawful for a driver
to refuse or neglect to convey any passenger who has previously refused or failed to pay a
legal fare as provided in this article.
(3)Prohibitions of drivers.
It shall be a violation of this article for any driver of a taxicab to solicit business
for any hotel or motel, or to attempt to divert patronage from one hotel or motel to
another.Neither shall such driver engage in selling intoxicating liquors or use his vehicle
for any illegal purpose.
• (4)Passengers without fare prohibited.
No driver shall permit any person to be carried in a taxicab as a passenger without
payment of the legal fare mentioned in this article while a fare paying passenger is also
being carried in the cab.
(B) "Shared Ride"vs. "Exclusive Ride"
All persons engaged in the taxicab business in the City, operating under the
provisions of this article, shall render an overall service to the public desiring to use
taxicabs. Such service may be a"shared ride' taxicab system where the consent of
passengers is not needed to pick up or discharge additional passengers, nor to choose the
route taken by the vehicle; or, such service may be an "exclusive ride"taxicab system
providing door-to-door service in which the party hiring the vehicle has exclusive use of
the vehicle and may direct the vehicle's route and destination. Under the shared ride
system, a maximum of three pickups at different locations shall be permitted; after which
all parties must reach their destination before additional pickups can be made.
(C) Response to calls.
Holders of Certificates of Public Convenience and Necessity shall answer all calls
received by them during the hours of operation specified on the holder's application for
services inside the corporate limits of the City as soon as they can do so; and, if said
services cannot be rendered within a reasonable time, they shall then notify the
prospective passengers how long it will be before the call can be answered and give the
• reason for the delay. Any holder who shall refuse to accept a call anywhere in the
corporate limits of the City at any time when such holder has available cabs shall be
• deemed in violation of this article, except on those occasions when the local police
authorities declares the streets of the City to be unsafe due to inclement weather. Any
vehicle operated under the provisions of this article shall be equipped with snow tires or
chains when required by weather conditions.
14.24.17 SIGNED RECEIPT TO PASSENGER UPON REQUEST
The driver of any taxicab shall, upon demand by the passenger,render to such passenger
a signed receipt for the amount charged, either by a mechanically printed receipt or by a
specially prepared receipt on which shall be the name of the taxicab company,the
assigned number of the taxicab, amount of charges, and date and time of transaction.
14.24.18 REFUSAL OF PASSENGER TO PAY FARE
It shall be unlawful for any person to refuse to pay the legal fare of any of the vehicles
mentioned in this article after having hired the same, and it shall be unlawful for any
person to hire any vehicle herein defined with intent to defraud the person from whom it
is hired of the value of such service. Any person who violates the provisions of this
section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in
accordance with Ordinance 2005-11-1, as amended from time to time.
• 14.24.19 DAILY MANIFEST TO BE KEPT
Every company shall maintain a daily manifest upon which are recorded all trips made
each day,
showing the time and place or origin and destination of each trip and amount of fare. The
forms for each manifest shall be of a character approved by the Code Enforcement
Office.
14.24.20 ADVERTISING
(A) Subject to the restrictions provided herein, it shall be lawful for any person
owning or operating a taxicab,bus,van or motor vehicle for hire to permit advertising
matter to be affixed or installed in or on such taxicab, bus, van or motor vehicle for hire.
The advertising shall not in any way obstruct the vision of the driver of the vehicle.
Advertising on a taxicab shall be limited to one sign located on the rear of the vehicle
which sign shall not exceed nine square feet in area. Advertising on a bus or van shall be
limited to one sign on the rear of the vehicle, none of which such signs shall exceed
twelve square feet in area.
14.24.21 METER ESTABLISHED
• It shall be unlawful for any person, owning, operating, driving, or in charge of any
taxicab for hire in the City to drive or operate such taxicab, or to use or advertise in
• connection therewith the word"taxi,""taxicab," or"cab"or in soliciting trade from the
public to represent or exhibit such vehicle as a"taxi," "taxicab," or"cab"unless such
vehicle is equipped with an approved fare meter according to the provisions of this
chapter. An approved fare meter is a meter that registers accumulating fare charge with
each amount being visible to passenger(s). The holders possessing the Certificates of
Public Convenience and Necessity shall at the time of application and annual there after,
provide to the Code Enforcement Office where an annual inspection has been made on
the fare meter of each vehicle in service.
ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
HEREWITH ARE HEREBY REPEALED, SPECIFICALLY, CHAPTER 4.24 AS
AMENDED BY ORDINANCE 94-11-3.
IF ANY PORTION OR PORTIONS OF THIS ORDINANCE ARE DEEMED
OR HELD TO BE INVALID, SUCH INVALIDITY SHALL NOT EFFECT THE
REMAINING PORTION OR PORTIONS OF THIS ORDINANCE.
IT IS SO ORDAINED.
IN WITNESS WHEREOF, we have set our hands this 11th, day of June, 2009.
APPROVED: 12
• CI AUGH, MAYOR
ATTEST: Loi rk"Z Qtr
DENISE JOHNSTON, CLE
•