ARTICLE I.
IN GENERAL
Secs. 122-1--122-25. Reserved.
ARTICLE II. ------------
State law reference(s)--Regulation of taxicab operators, A.C.A. § 14-57-301 et seq.
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Sec. 122-26. Definitions.
As used in this article:
Administrator means the mayor of the City of Springdale, Arkansas, or the mayor's designated agent.
City means the City of Springdale.
Driver means the individual driving a vehicle as a taxicab whether as owner or agent or employee of the owner.
Exclusive ride means a ride in which the passenger engaging the taxicab restricts his ride solely to himself or to himself and members of his party and the fare is charged at the exclusive rate.
Holder means a person to whom a taxicab operator permit has been issued.
Manifest means a daily record prepared by the operator of all trips made by each taxicab showing the time and place of origin and destination for each passenger transported.
Person shall extend and be applied to firms, partnerships, associations, organizations and bodies politic and corporate, or any combination thereof, as well as to individuals.
Public vehicle commission shall consist of three members appointed by the mayor, and confirmed by majority vote of the city council, for a term of one year.
Rate chart means a card approved by the city to be displayed in each taxicab reflecting the rates of fare then in force and displaying a name and telephone number designated by the administrator for passengers to register complaints.
Shall is mandatory, not directory.
Share ride means a ride shared by two or more taxicab passengers not members of the same party whose fares are discounted proportionately to the number of passengers transported. Passengers may be collected at the same or different destinations. A share ride is limited to three pickups within a four-block radius of the most appropriate route to the first passenger's destination.
Shuttle service shall mean a chauffeured driven, unmetered passenger vehicle, seating 15 passengers or less, including the driver, engaged in the transportation of passengers for hire with the intent to receive compensation for transporting such passengers from points within the City of Springdale to the Northwest Arkansas Regional Airport.
Shuttle service permit shall mean a permit issued by the Northwest Arkansas Airport Authority authorizing the holder thereof to conduct a shuttle service business at the Northwest Arkansas Regional Airport.
Taxicab means a motor-driven vehicle having seating capacity for not more than seven passengers and used for the transportation of passengers for hire from points of origin to destinations as directed by the passengers.
Taxicab driver's permit means permission granted by the city to a person to drive a taxicab in the city for the purpose of picking up customers/clients within the boundaries of the city, but no such permit is required for picking up a person within the city, that the taxicab service has brought into Springdale from another location outside the city, and they are simply returning them to the original location the same business day (round trip) so long as the taxicab operator is licensed by a municipality in Arkansas.
Taxicab operator means a person operating one or more taxicabs.
Taxicab operator permit means permission granted by the city to operate a taxicab service for the purpose of picking up customers/clients within the boundaries of the city, and employing one or more taxicabs for a period of time, and to be renewable under the terms of this article; no such permit is necessary if the taxicab delivers a person to a location within Springdale from outside the city, and then returns in the same business day to pick them up and return them to the location in which they were originally picked up (round trip) so long as the taxicab operator is licensed by a municipality in Arkansas.
Taxicab service means a passenger transportation service operated for hire.
Taximeter means a device which calculates and displays a fare.
Waiting time means the time when a taxicab is not in motion and not engaged by a passenger and the time consumed while standing at the direction of a passenger or a person who has engaged such taxicab.
(Ord. No. 2722, § A, 3-11-97; Ord. No. 2893, § A, 2-23-99; Ord. No. 2927, § A, 8-24-99)
Sec. 122-27. Authority of administrator; taxicab permit; prerequisites; taxicab driver's permit; general prohibition.
(a) Authority of the public vehicle commission.
(1) The public vehicle commission shall meet on the call of the chairman or of two members thereof, or at the request of the administrator, at such times as may be necessary to transact its business. The public vehicle commission shall recommend rates, which must be adopted by the city council.
(2) The public vehicle commission shall promulgate rules and regulations to govern the taxicab business, which shall deal with, but shall not be limited to the operation and maintenance of taxicabs, safety equipment, the keeping of a manifest, the providing of services, the loading and the unloading of passengers, and the holding of hearings.
(b) Authority of the administrator.
(1) The administrator shall be responsible for enforcing the provisions of this ordinance applying to taxicabs, as well as the rules and regulations promulgated by the public vehicle commission.
(2) The administrator shall also make recommendations to the public vehicle commission concerning the regulations set out in this article.
(c) Taxicab operator permit/shuttle service permit.
(1) Required. No permit to operate a taxicab in the city shall be issued unless and until the Springdale City Council shall certify the public need for taxicab service requires the additional service to be rendered by the applicant. Before the city council decides this issue, the public vehicle commission shall meet and consider the issue and make a recommendation to the Springdale City Council. In deciding whether a permit shall be issued, the council shall consider the criteria set out in [section 122-27](d)(13) of this article. No certificate shall be required for the renewal of any operators license.
(2) No person shall operate or permit a taxicab owned, leased, or controlled by them to be operated in the city without having first obtained a taxicab operator permit, if such a permit is required under the provisions of this article, as amended. Further, the taxicab operator permit shall be renewable under the provisions of this article.
(3) No person not licensed under this article shall display a sign on a motor vehicle reading "taxi", "taxicab", or anything of the same meaning for the purpose of soliciting passengers for hire in the city.
(4) Application. No later than ten days after receipt of a completed application for a taxicab operator permit, the administrator shall notify the applicant in writing of the date that the public vehicle commission will meet to make a recommendation on the application. At the next regularly scheduled meeting of the Springdale City Council following this meeting of the public vehicle commission, a hearing will be conducted on the application in front of the Springdale City Council. The city shall cause to be given to each and every taxicab operator in the city a due and reasonable notice in writing of the date and time of this hearing. The hearing shall be conducted by the city council for all persons interested in or affected by the application.
(5) Shuttle services are not required to have a taxicab operator's permit so long as they have a valid shuttle service permit. In addition to this permit, shuttle services must also obtain the following licenses from the Springdale City Clerk:
a. A shuttle service license (issued annually). In obtaining such license, the shuttle service operator shall present proof of their shuttle service permit. If at any time after the shuttle service license is issued by the city clerk, the shuttle service permit is revoked or suspended, or not renewed for any reason by the Northwest Arkansas Regional Airport Authority, then such shuttle service permit issued by the city clerk shall be canceled. Shuttle service operators are not subject to the taxicab rates set out in this article, nor any other restrictions set out in this article, except those specifically set out in section 122-27(c)(5).
(d) General provisions. Before any taxicab operator permit may be issued, the applicant shall satisfy the following conditions:
(1) Every operator shall agree to abide by all laws and regulations now in force and/or enacted or promulgated in the future relating to the conduct of the taxicab business in the city.
(2) Every operator shall maintain a fixed place of business and every operator shall maintain an office open and staffed for a minimum of eight hours a day, five days a week. Every operator shall have a telephone number in the name of the business, which is published in the local directory, and accessible through directory assistance.
(3) Every operator shall agree to notify the administrator immediately upon change of business address.
(4) Every operator shall provide for each taxicab a communication system to be approved by the administrator and comply with FCC regulations.
(5) Every taxicab operator shall maintain a dispatch system in operation 24 hours each day, capable of providing reasonably prompt service in response to requests received by telephone. The dispatch system shall be approved by the administrator and comply with FCC regulations. Two-way radios are the preferred system. CB radios will not be used as the source of communication between the operator's place of business and the taxicab picking up passengers.
(6) Every operator providing taxicab service in the city shall at all times meet all safety standards required by state and federal law and minimum requirements established by the rules and regulations. All taxicabs must be in mechanically safe condition and must be equipped with basic equipment that ensures the safety and well being of the passengers. This includes, but is not limited to: operating air conditioning and heating systems, functional seat belts, non-cracked window glass, and exhaust system. Seats, floor coverings, and headliners shall be clean, sanitary, and free of visually unappealing, shabby, or torn areas.
(7) No operator shall permit a taxicab to be operated in the city until it has been inspected and approved by the administrator. The administrator shall authorize the police department to perform an inspection on each taxicab before an operator permit is issued and an annual inspection every year thereafter to ensure compliance to all federal, state, and local rules and regulations. The administrator is authorized to make spot inspections of such taxicabs. If any taxicab operator in the city does not comply with the provisions of this article and established rules and regulations, a hearing will be called in front of the public vehicle commission to determine if the taxicab operator permit should be suspended or revoked.
(8) Inspections. The operator shall inspect taxicabs on a daily basis for compliance with all pertinent provisions of this article and rules and regulations promulgated hereunder.
(9) Insurance. Before any taxicab operator permit is issued, the applicant shall file with the administrator a copy of a policy of insurance issued by some good and solvent corporate insurer licensed to do business in the State of Arkansas covering separately, or on a schedule attached to such policy, each taxicab to be operated under the direction of such applicant. The policy must insure payment in accordance with the provisions thereof to any person, except employees of the applicant, for personal injuries to such person and for any damage to property, except property owned, rented to leased to, in charge of, or transported by the operator other than baggage of passengers, caused by the operation of such taxicab. The policy must be for the minimum amounts required under Arkansas law, which are currently $25,000.00 for the injury or death of any one person and subject to that limit for each person up to $50,000.00 for each accident; and for damage to property, $15,000.00 for each accident. The city shall be listed as an additional insured on the policy, and is to receive notice from the insurance company of lapse or cancellation of such policy. Upon lapse or cancellation of such policy, the taxicab operator permit granted to the operator shall be suspended as of the day the operator's insurance ceases to be in effect: it will thereafter be unlawful for such operator to operate any taxicab in the city.
(10) Identification. The administrator shall allocate a sequence of numbers to each operator for the purpose of identifying all taxicabs. From that sequence an operator shall allocate a number for each of its taxicabs. This number shall be at least three inches in height; letters of the operator's name shall also be at least three inches in height. Both the number and name of the operator shall be permanently affixed to the taxicab in contrasting colors. The color scheme shall be approved by the administrator.
(11) Transfer of taxicab operator permit. No taxicab operator permit granted under this article may be sold, assigned, transferred, leased or mortgaged without the approval of the public vehicle commission.
(12) Application and fees. Application for a taxicab operator's permit shall be made on forms provided by the Springdale City Clerk and such application shall be verified by oath and shall set forth the facts showing the qualifications of the applicant to render taxicab service within the City of Springdale, together with the facts the applicant considers justified and required in rendering to the public taxicab service. The application shall contain information as required and it shall be accompanied by an annual fee of $100.00 base charge plus an annual $10.00 charge per taxicab.
(13) Criteria. At the hearing on an application, such factors as the following shall be taken into consideration:
a. Financial responsibility of applicant;
b. Moral character;
c. Number of vehicles to be operated;
d. Make, model, type and ownership of taxicab or taxicabs to be used;
e. Color scheme to be used;
f. Effect of additional taxicabs upon traffic congestion, vehicular and pedestrian alike;
g. Whether taxes have been paid when due;
h. Whether the applicant proposes to own, rent or lease some other taxicabs to be used in operating such service;
i. Total number of taxicabs in operation;
j. Whether the requirements of public convenience and necessity can be met and complied with only by the issuance of additional permits;
k. The resulting effect upon the business of existing permit holders and upon existing agencies of mass transportation in the city;
l. Whether the applicant will operate and continue to operate during the time that the taxicab operator permit shall remain in effect.
(e) Renewal or change in terms of taxicab operator permit.
(1) Taxicab operators shall apply for renewal of their permits at least 60 days before expiration of their permits and the taxicab permits shall all expire on December 31 every three years. All permits issued shall expire on the same date, and any permit issued pursuant to this ordinance shall first expire at 11:59 p.m. on December 31, 1999.
(2) A holder desiring a change in the terms or conditions of the permit must file with the administrator at least 60 days before the permit expires a written request stating reasons for the requested changes.
(3) If the administrator determines that a denial of an operator permit, renewal or material change in the terms or conditions of the permit is required, or if a holder requests a material change in the terms or conditions of the permit, the administrator shall submit for consideration to the public vehicle commission a written report containing his recommendations. Upon action being taken by the public vehicle commission, the administrator shall issue a denial of permit renewal or renew the permit as directed by the public vehicle commission.
(4) If the permit expires through no fault of the holder before a ruling on the approval or denial of the renewal, the holder may continue to operate the taxicab service pending a final decision. The holder shall cease operation of the taxicab service immediately upon denial of the request for renewal by the public vehicle commission.
(f) Taxicab driver's permit.
(1) Required. No person shall operate a taxicab for hire in the city and no person who owns or controls a taxicab shall permit it to be so operated at any time for hire, unless the driver of said taxicab shall have first obtained and shall then have in force a taxicab driver's permit issued under the provisions of this chapter.
(2) Qualifications. No taxicab driver's permit shall be granted unless the applicant has the required Arkansas license for transporting passengers, and the applicant has no active suspension on his or her driving privileges in any state. Further, no permit shall be issued if the applicant has been convicted of a felony in the past five years. Further, no permit shall be issued if the felony conviction was for a sexual offense, an offense involving drugs, or the use of a firearm in the commission of the offense, or if it was a violent felony, regardless of when the felony occurred (there is no five-year limitation for this type [of] felony crime).
(3) Application. Any person desiring a taxicab driver's permit shall, under oath, apply in writing to the administrator. The form of such application shall be developed by the administrator and shall include, but not be limited to, the age, name and address of the applicant. The police department shall also have the authority to require additional documentation, as needed, to process the application.
a. Fee. A fee of $5.00 shall be paid to the city at the time the original application is filed, and an annual fee of $5.00 shall be assessed each year for renewal of the permit.
b. [Reserved.]
c. When the application is approved, the taxicab driver's permit shall be issued in card form designed by the administrator. The photograph of the driver shall be attached to the card. Each driver will be given a taxicab drivers permit number which will be on such permit. This card shall be posted in a prominent place in the taxicab as prescribed by the administrator and shall be shown to any passenger, police officer, or to the administrator upon request. Only one driver's permit shall be posted in a taxicab at any time.
d. Acknowledgment of application. The applicant shall acknowledge with any application that he or she understands that the taxicab driver's permit, if granted, will be for a specific period of time not to exceed one year, and an annual fee will then be charged for renewal of the permit. The applicant shall also acknowledge that it is his or her obligation to notify the administrator any time the drivers driving privileges are suspended, or the driver is convicted for driving while intoxicated or actual control of a motor vehicle while intoxicated.
(4) Investigation. Each applicant shall be given an Arkansas State Police background check form which they will complete and forward to the Arkansas State Police, Records Section, with required fee. Upon return of the record check, applicant will deliver it to the administrator for completion of the background investigation. The administrator shall forward all applications to the Springdale Police Department, Records Section, for a city criminal record check and traffic record. The police department shall return the application with the criminal record check and traffic record to the administrator. The administrator may develop rules and regulations with respect to the investigation and issuance of a taxicab driver's permit, but no driver's permit shall be issued if the applicant has a suspended or revoked driver's license in any state.
(5) Duplicate driver's permit. Upon presentation of convincing evidence that a taxicab driver's permit has been lost or destroyed and payment of a replacement fee of $2.50 the administrator shall issue a duplicate driver's permit.
(6) Penalty for DWI. Suspension of taxicab driver's permits shall be for three years for the conviction of driving while intoxicated.
(7) Smoking prohibited. No taxicab driver or other employee of the taxicab company shall smoke in the taxicab while passengers are present.
(g) Use of scanner prohibited; monitoring of other operators' calls prohibited. The use of scanners and the monitoring of other operators' calls is hereby prohibited.
(h) Emergency suspension; grounds for suspension or revocation of permit. The administrator has the power to suspend a taxicab operator permit or a taxicab driver's permit in the case of an emergency. The administrator also has the power to seek an injunction in the event of such emergency. The administrator shall hold hearings and make recommendations to the public vehicle commission concerning suspension or revocation or operators' and drivers' permits. Such action may be taken for, but shall not be limited to, violation of rules and regulations as developed by the administrator, violation of this article, the criminal laws of the State of Arkansas, or the laws of the United States.
(i) Hearings. If a taxicab operator or driver feels aggrieved by any action taken by the administrator, such person can appeal the decision of the administrator to the public vehicle commission. If any taxicab operator or driver feels aggrieved by any decision by the public vehicle commission, such person may take an appeal to the city council for the city. If there is an appeal from the administrator's decision to the public vehicle commission, such appeal will be heard within ten days after the public vehicle commission is notified that a hearing is requested. If an appeal is taken to the city council, the council shall set a hearing on the appeal within 21 days after the city clerk is notified of such appeal request.
(Ord. No. 2722, § A, 3-11-97; Ord. No. 2885, § 1, 1-26-99; Ord. No. 2893, §§ B--I, 2-23-99; Ord. No. 2927, §§ B, C, 8-24-99; Ord. No. 4061, § 1, 6-12-07)
Sec. 122-28. Taxicab service.
All persons engaged in the taxicab business in the city shall answer all calls received for services inside the corporate limits of the city as soon as they can do so; and if such services cannot be rendered within a reasonable time, they shall then notify the perspective passenger how long it will be before the call can be answered and give the reason(s) therefor. Any holder who refuses to accept a call anywhere in the corporate limits at any time the holder has taxicabs available or fails or refuses to provide taxicab service shall be deemed to have failed to satisfy the public convenience and necessity requirements of the taxicab operator permit issued to such holder. Any holder failing to provide the service herein set forth may be required to appear before the administrator to show cause why such permit should not be suspended or revoked. However, this provision does not prohibit a driver from refusing to transport an unruly or disorderly person.
(Ord. No. 2722, § A, 3-11-97)
Sec. 122-29. Loading or unloading passengers.
No driver of any taxicab shall stop to load or unload any passenger while situated in an intersection or crosswalk, or in such manner as to interfere with the orderly flow of traffic. All taxicab drivers shall, in the use of the public streets, give careful attention to the rights and needs of the public generally using such streets.
Taxicab drivers shall not receive or discharge passengers in the street, but shall pull up to the sidewalk, or in the absence of a sidewalk, to the extreme right side of the street, except on one-way streets, and there receive or discharge passengers. Double parking of the purpose of loading or unloading passengers is prohibited.
(Ord. No. 2722, § A, 3-11-97)
Sec. 122-30. Rates of fare.
(a) A holder or a taxicab driver shall not charge a fare for operating a taxicab in the city except as provided in this chapter. A holder may propose a change in the rates of fare by filing the proposal with the administrator for consideration by the public vehicle commission.
(b) The public vehicle commission shall hold a hearing to consider the proposed change in rates of fare. After the hearing, the public vehicle commission may approve, disapprove, or modify the proposed change.
(c) The public vehicle commission shall annually review the maximum ceiling meter rates as provided for in this chapter to determine the appropriateness of the rate after a determination a change in the rates is needed, such recommended change shall be certified by the public vehicle commission to the city council. The new rates shall not be effective until passage of a resolution by the city council.
(Ord. No. 2722, § A, 3-11-97)
Sec. 122-31. Meter rates established.
(a) 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 taximeter according to the provisions of this chapter. An approved taximeter is a taximeter that registers accumulating fare charge with each amount being visible to passenger(s).
(b) Meter rates shall be used exclusively by all taxicabs excluding waiting time except as provided in subsection (e) of this section. The ceiling rates shall apply to all taxicabs operating in the city, and the ceiling rates may be amended by the city council by passage of a resolution.
The following rates are effective as of June 10, 2008:
(1) Exclusive ride. Ceiling rate, no more than a rate of:
a. Initial meter charge . . . . $3.50
b. Charge per mile . . . . 2.25
(2) No more than $1.00 per additional person shall be charged.
(3) Waiting time ceiling rate, not to exceed $18.00 per hour.
(4) A $1.00 per pick-up fuel surcharge shall be charged.
(c) Under the share ride, 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.
(d) 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, except as provided in subsection (e) and excluding waiting time.
(e) A taxicab operator may make special contractual arrangements in advance with persons at fares either higher or lower than those set forth by this article, but such contract must be in writing and a copy thereof filed with the administrator.
(Ord. No. 2722, § A, 3-11-97; Ord. No. 2893, § J, 2-23-99; Ord. No. 4061, § 2, 6-12-07; Ord. No. 4216, § 1, 6-10-08)
Sec. 122-32. Display of rate schedule/trip records.
(a) A holder shall provide the driver of each taxicab operating under its authority a printed card or sticker containing the approved rates of fare. The form and content of the card or sticker are subject to regulation by the administrator.
(b) While operating a taxicab, the driver shall prominently display the rate card or sticker inside the taxicab in a manner approved by the administrator so that it can be easily read by passengers occupying the taxicab.
(c) These signs shall be displayed and shall be identical in all respects to those approved by the administrator. No sign or other matter shall be affixed to the windshield, windows or vehicle except as may be authorized by the administrator or required by state or federal law.
(d) Each taxicab driver shall keep a record of all trips made with passengers, designating the point of origin, the destination, and the total fee received. A notation will be made when a coupon is being used through the city's coupon program for the elderly. These records are subject to review at any time by the administrator.
(Ord. No. 2722, § A, 3-11-97; Ord. No. 2893, § K, 2-23-99)
Sec. 122-33. Fare collection procedures.
(a) It shall be the duty of the taxicab driver to call to the attention of passengers the amount registered on the taximeter, and the taximeter shall not be changed to the "vacant" position until after the fare is paid.
(b) Upon request by a person paying a fare, the driver shall give the person a legible receipt that indicates the name of the holder under whom the taxicab is operated, the driver's name, taxicab number, an itemized list of charges, total amount of fare paid and the date of payment.
(c) A holder shall provide each driver operating a taxicab under its authority with printed receipt forms adequate for providing the information required in subsection (b).
(Ord. No. 2722, § A, 3-11-97)
Sec. 122-34. Additional charges.
(a) An additional charge of $1.00 may be made for each passenger who is more than 12 years of age and who is a member of a business or social group on a joint mission with the passenger paying the fare.
(b) [Reserved.]
(Ord. No. 2722, § A, 3-11-97; Ord. No. 4061, § 3, 6-12-07)
Sec. 122-35. Application for additional taxicabs; hearing.
The holder of a valid taxicab operator permit operating taxicabs in the city may file with the administrator an application for an increase in the number of taxicabs operated by such holder in accordance with standards adopted in subsection 122-27(d)(13) which application shall set forth:
(1) That the applicant is in compliance with the statutes of the State of Arkansas, the ordinances, rules and regulations of the city pertaining to the operation of taxicabs;
(2) The number of taxicabs operated by applicant:
(3) The number of additional taxicabs requested by the applicant;
(4) The facts which constitute public convenience and necessity justifying the additional service.
Upon the filing of such application, a hearing on the application shall be conducted by the public vehicle commission. All persons interested in or affected by such application may appear in person or by representatives at such hearing and introduce evidence and be heard in support of or in opposition to such application.
(Ord. No. 2722, § A, 3-11-97)
Sec. 122-36. Penalty for violations.
Any person violating any of the provisions of this article shall be subject to a fine as provided by Section 1-9 of the Code of Ordinances of the City of Springdale, Arkansas. In the event of a continuing violation, each and every day the violation continues is considered a separate and punishable violation.
(Ord. No. 2722, § A, 3-11-97)
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