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449,. ' ~. 2_„ ~ ~ `~, , ~~ ~~ AN ORDINANCE REGULATING AND ~ICENSING TAXICABS AND TAXICAB DRIVERS AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF; TO REPEAL ORDINANCE NO. 112, ORDINANCE 126 AND ORDINANCE NO. 208 AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF WEST MEMPHIS, ARKANSAS: SECTION 1. Definitions. The following words and phrases when used in this Ordinance have the meaning as set out herein: (a) Call box stand means a place alongside a street, or elsewhere where the City Council has authorized a holder of a Certificate of Public Convenience and necessity to install a telephone or call box for the taking of calls and the dis- patching of taxicabs. (b) Certificate means a certificate of public convenience and necessity issued by the City of West Memphis, authorizing the holder thereof to conduct a taxicab business in the City of West Memphis. (c) Driver's license means the permission granted by the City of West Memphis to drive a taxicab upon the streets of the City of West Memphis. (d) Holder means a person to whom a certificate of public convenience and necessity has been issued. (e) Manifest means a daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip. (f) Open stand means a public place alongside the curb of a street or elsewhere, in the City of West Memphis which has been designated by the City Council as reserved exclusively for the use of taxicabs. r - 2- (g) Person includes an individual, a corporation or other legal entity, a partnership, and any unincorporated association. (h) Rate Card means a card issued by the City of West Memphis which contains the rates of fare then in force. (i) Taxicab means a motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity not in excess of seven passengers and not operated on a fixed route. (j) Taximeter means a meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based. (k) Waiting Time means 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 nct include any time that the taxicab is not in motion if due to any cause other than the request, act or fault of a passenger or passengers. ~ECTIOId'2~i Certificate of Public Convenience and Necessity Required. No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the City of West Memphis without having first obtained a certificate of public convenience and necessity from the City Council. SECTION 3. Application for Certificate. An application for a certificate shall be filed with the City Council upon forms provided by the City of West Memphis; and said applica- tion shall be verified under oath and shall furnish the follow- ing information: -3- (a) The name and address of the applicant. (b) The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to said judgments. (c) The experience of the applicant in the transportation of passengers. (d) Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate. (e) The number of vehicles to be operated or controlled by the applicant and the location of proposed depots and terminals. (f) The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant. (g) Such further information as the City Council may require. SECTION 4. Public Hearing. Upon the filing of an applica- Lion, the City Council shall fix a time and place for a public hearing thereon. Notice of such hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been theretofore issued. Due notice shall also be given the general public by posting of such hearing in a local newspaper. Any interested person may file with the City Council a memorandum in support of or opposition to the issuance of a certificate. SECTION`5. Issuance of Certificate. If the City Council finds that further taxicab service in the City of West Memphis is required by the public convenience and necessity and that -4- the applicant is fit, willing, and able to perform such public transportation and to conform to the provisions of this ordinance and the rules and regulations promulgated by the City Council, then the City Council shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under said certificate and the date of issuance; otherwise the application shall be denied. In making the above findings, the City Council 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. ~,^c+~`'"`~S ON 6 ~ LIABILITY INSURANCE OR BOND REQUIRED. No certificate of public convenience and necessity shall be issued or continued in operation unless a bond signed by a solvent Surety Company as provided by the laws of the State of Arkansas has been filed. The applicant may in lieu of the bond file a liability insurance policy issued by an insurance company authorized to do business in the State of Arkansas as now provided by the laws of the State of Arkansas or as same may be amended. PT "-- z- ~Q SECTION 73 License Fees. No certificate shall be issued ~___ _-- or continued in operation unless the holder thereof has paid an annual license fee of 5100.00 each year for each vehicle operated under a certificate of public convenience and necessity. Said license fees shall be for a calendar year and shall be in addition to any other license fees or charges established by -5- proper authority and applicable to said holder or the vehicle or vehicles under his operation and control. SECTION 8. TRANSFER OF CERTIFICATES. No certificate of public convenience and necessity may be sold, assigned, mortgaged or otherwise transferred without the consent of the City Council. SECTION 9. SUSPENSION AND REVOCATION OF CERTIFICATES. A certificate issued under the provisions of this Ordinance may be revoked or suspended by the City Council if the holder thereof has (a) violated any of the provisions of this Ordinance, (b) discontinued operations for more than ninety (90) days, (c) has violated any ordinances of the City of West Memphis, or the laws of the State of Arkansas and the United States, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard. ~-~ --._ SECTION 10~ TAXICAB DRIVER'S LICENSE. No person shall operate a taxicab for hire upon the streets of the City of West Memphis, and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the City of West Memphis shall be so driven at any time for hire, unless the driver of said taxicab shall have then in force a taxicab driver's license issued under the provisions of this Ordinance. SECTION 11. APPLICATION FOR DRIVER'S LICENSE. An applica- tion for a taxicab drivers license shall be filed with the City Clerk on forms provided and such application shall be verified under oath and shall contain the following information,: - 6- (a) The names and addresses of four residents of the City of West Memphis who have known the applicant for a period of two (2) years and who will vouch for the sobriety, honesty and general good character of the applicant. (b) The experience of the applicant in the transportation of passengers. (c) The educational background of the applicant. (d) A concise history of his employment. Each applica- tion shall be accompanied by a certificate from a reputable physician of the City of West Memphis certifying that, in his opinion, the applicant is not inflicted with any disease or infirmity which might make him an unsafe or unsatisfactory driver. SECTION 12. CURRENT STATE MOTOR VEHICLE OPERATOR'S PERMIT REQUIRED. Each applicant shall be required to show he has a current motor vehicle operator's permit issued by the State of Arkansas. SECTION 13. Police Investigation of Applicant - Traffic and Police Record. The police department shall conduct an investigation of each applicant for a taxicab driver's license and a report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideration of the City Clerk. ~~~ti ECTION 1 Issuance of License - Duration - Annual Fee. Upon approval of an application for a taxicab driver's license the City Clerk shall issue a license to the applicant which shall bear the name, address, color, age, signature and photograph of the applicant. -7- Such license shall be in effect for the remainder of the calendar year. A license for every calendar year thereafter shall issue upon the payment of $5.00 and approval of the applica- tion unless the license for the preceding year has been revoked. SECTION 15. Display of License. Every driver licensed under this Ordinance shall post his driver's license in such a place as to be in full view of all passengers while such driver is operating a taxicab. ECTION'161 Suspension and Revocation of License. The ~- City Council is hereby given the authority to suspend any driver's license issued under this Ordinance for a driver's failing or refusing to comply with the provisions of this Ordinance, such suspension to last for a period of not more than ninety (90) days. The City Council is also given authority to revoke any driver's license for failure to comply with the provisions of this Ordinance. However, a license may not be revoked unless the driver has received notice and has had an opportunity to present evidence in his behalf. SECTION 17. Failure To Comply With City, State and Federal Laws. Every driver licensed under this Ordinance shall comply. with all City, State and Federal laws. Failure to do so will justify the City Council suspending or revoking a license. SECTION 18 Vehicles - Equipment and Maintenance. (a) Vehicles Must Be Licensed. Prior to the use and operation of any vehicle under the provisions of this Ordinance said vehicle shall be thoroughly examined and inspected by an authorized dealer agency to be certified as being in safe -8- operating condition and found ~to__comply with such reasonable rules and regulations as may be prescribed by the City Council. These rules and regulations shall be promulgated to provide safe transportation and shall specify such__safet~_ea~» nmPnt and regulatory devices as the City Council shall deem_nec_essary therefore. When_,the City Council finds that a vehicle has met the standards established by the City Council, the City Clerk shall _---_.~. issue a certificate to that effect, which shall also state_tha. authorized seating capacity of said vehicle. (b) Periodic Inspections. Every vehicle operating under this Ordinance shall be inspected every three (3) months by an authorized dealer agency to insure the continued maintenance ''~c ~~ ~~~~. ~., . ~ of safe operating conditions. A certificate from such authorized dealer agency shall be presented to the City Council to the effect that such vehicle inspected is in a safe operating condition . (c) Vehicles Must be Kept in a C lean and Sanitary Condition. Every vehicle operating under this Ordinance shall be kept in a clean and sanitary condition according to rules and regulations promulgated by the City Council. SECTION 19. DESIGNATION OF TAXICABS. Each taxicab, while operated, shall have on each side, in letters readable from a distance of •twenty (20) feet, the name of the owner. If more than one taxicab is operated by a person each taxicab shall be designated by a different number, and such number also shall so appear on each side of such taxicab. -9- SECTION 20. TAXIMETER REQUIRED. All taxicabs operated under the authority of this Ordinance when so required by the City Council shall be equipped with taximeters fastened in front of the passengers, visible to them at all times, day and night; and, after sundown, the face of the taximeter shall be illuminated. Said taximeter shall be operated mechanically by a mechanism of standard design and construction, driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. They shall be sealed at all points and connections which, if manipulated, would affect their correct reading and recording. Each taximeter shall have thereon a flag to denote when the vehicle is employed and when it is not employed; and it shall be the duty of the driver to throw the flag of such taximeter into a non-recording position at the termination of each trip. The said taximeters shall be subject to inspection from time to time by the City Council or by some person or persons so designated by the City Council. If such inspection shows inaccuracy of such taximeter, the City Council shall notify the person operating said taxicab. Thereupon said taxicab shall be kept off the streets until the taximeter is repaired and in the required working condition. SECTION 21. Rates of Fare - Rate Card Required. No owner or driver of a taxicab shall charge a greater sum for the use of a taxicab than in accordance with rates approved by the City Council. Every taxicab operated under this ordinance shall have a rate card setting forth the authorized rates of fare displayed in such a place as to be in view of all passengers. -lo- SECTION 22. RECEIPTS. The driver of any taxicab shall upon demand by the passenger render to such passenger a 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 owner, license number or motor number, amount of meter reading or charges and date of transaction. SECTION 23. Receipt and Discharge of Passengers. Drivers of taxicabs shall not receive or discharge passengers in the roadway but shall pull up to the right-hand sidewalk as nearly as possible or in the absence of a sidewalk, to the extreme right-hand side of the road and there receive or discharge passengers except upon one-way streets, where passengers may be discharged at either the right or left-hand sidewalk, or side of the roadway in the absence of a sidewalk. SECTION 24. ADDITIONAL PASSENGERS. No driver shall permit any other person to occupy or ride in said taxicab, unless the person or persons first employing the taxicab shall consent to the acceptance of additional passenger or passengers. SECTION 25. RESTRICTION ON NUMBER OF PASSENGERS. No driver shall permit more persons to be carried in a taxicab as passengers than the rated seating capacity of his taxicab as stated in the license issued for such vehicle. A child in arms shall not be counted as a passenger. SECTION 26. PROHIBITION OF DRIVERS. It shall be a violation of this Ordinance 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 liquor or -11- solicit business for any house of ill repute or use his vehicle for any purpose other than the transporting of passengers. SECTION 27. Open Stands - Establishment - Use. (a) The City Council is hereby authorized and empowered to establish Open Stands in such place or places upon the streets of the City of West Memphis as it deems necessary for the use of taxicabs operated in the City. Said City Council shall not create an open stand without taking into consideration the need for such stands by the companies and the convenience to the general public. The City Council shall prescribe the number of cabs that shall occupy such open stands. The City Council shall not create an open stand in front of any place of business where the abutting property owners object to the same or where such stand would tend to create a traffic hazard. (b) Open stands shall be used by the different drivers on a first come, first served basis. The driver shall pull on to the open stand from the rear and shall advance forward as the cabs ahead pull off. Drivers shall stay within five feet of their cabs; they shall not solicit passengers; or, engage in loud or boisterous talk while at an open stand. Nothing in this Ordinance shall be construed as preventing a passenger from boarding the cab of his choice that is parked at open stands. SECTION 28. Call Box Stands - Establishment - Use. ~s~ ~...' mac; ,.~. ~ `..~-r-~ ~; (a) The City Council is hereby authorized and empowere8 ~o establish Call Box Stands upon the streets of West Memphis 'in such places as in its discretion it deems proper. A holder desiring to establish a Call Box Stand shall make written application to the City Council. The applicant must attach to the application the written approval of the abutting property owners of said space, consenting to the creation of '. -12- ~ such stand. Upon filing of the application the Police Department shall make an investigation of the traffic con- ditions at said place and shall thereafter file their recommendations to the City Council. The City Council shall then either grant or refuse the application. When a Call Box Stand has been established as herein provided, it shall be used solely by the holder to whom the same was granted and his agents and servants and no other holder shall be permitted to use the same. ~_ (b) Use. A hol~er operating a call box~_stand as provided for in this Ordinance shall be allowed to have on duty at such stand, a starter, or other employee, for the purpose of assisting in the loading or unloading of passengers from cabs, for receiving calls and dispatching cabs, and for soliciting passengers at such stand. The words "'at such stand" shall mean that part of the sidewalk immediately adjacent to and of equal lengtn with such call box stand. It shall be unlawful for any sucn starter or other employee to go beyond the area herein designated for the purpose of soliciting passengers Oar assisting them in boarding such taxicabs. -__-- _ __ SECTION 29. Prohibitions of Other Vehicles. Private or other vehicles for hire shall not at any time occupy the space upon the streets that has been established as either open stands or call box stands. SECTION 30. TAXICAB SERVICE. All persons engaged in the taxicab business in the City of West Memphis operating under the provisions of this Ordinance shall render an over-all service to the public desir3;ng to uae taxicabs. Holders of -13- Certificate of Convenience and necessity shall maintain a central place of business and keep the same open twenty-four (24) hours a day for the purpose of receiving calls and dis- patching taxicabs. They shall answer all calls received by them for services inside the corporate limits of West Memphis 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 said call can be answered and give the reason therefor. Any holder who shall refuse to accept a call anywhere in the corporate limits of West Memphis at any time when such holder has available taxicabs; or who shall fail or refuse to give over-all service, shall be deemed a violation of this Ordinance and the certificate granted to such holder shall be revoked at the discretion of the City Council. SECTION 31. Manifests. Every driver shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place of origin~.and destination of each trip and amount of fare and all such completed manifests shall be returned to the owner by the driver at the conclusion of his tour of duty. Every holder shall retain and preserve all driver's manifest for at least the calendar year next preceding the current calendar year, and said manifests shall be available to the City Council. SECTION 32. ADVERTISING. Subject to the rules and regulations of the City Council, it shall be lawful for any person owning and operating a taxicab or motor vehicle for hire to permit advertising matter to be affixed to or installed in or on such taxicabs or motor vehicles for hire. ,, . -14- SECTION 33. POLICE DEPARTMENT. The Police Department of the City of West Memphis is hereby given the authority and is instructed to watch and observe the conduct of holders and drivers operating under this Ordinance. Upon discovering a violation of the provisions of this Ordinance, the Police Department shall report the same to the City Council, which will order or take appropriate action. SECTION 34. ORDINANCE NO. 112, ORDINANCE NO. 126 AND ORDINANCE NO. 208 are hereby specifically repealed and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 35. PENALTY. Any person violating any of the provisions of this Ordinance shall be deemed guilty of a mis- demeanor and upon conviction thereof shall be punished by imprisonment, not exceeding one (1) year, or by fine not exceeding 5250.00, or by both fine and imprisonment. SECTION 36. SEVERABILITY. Each of the provisions of this Ordinance are severable and if any provision shall be declared to be invalid, the remaining provisions shall not be affected but shall remain in full force and effect. SECTION 37. EMERGENCY CLAUSE. It is hereby declared to be a fact this Ordinance is necessary for the health, safety and well being of the citizens of West Memphis therefore an emergency is declared to exist and this Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. ~ ~ PASSED THIS ~ ` day of January, 1964. MAYOR ATTE CLERK