ORD NO 24-2001 CITY OF VAN BUREN, ARKANSAS
ORDINANCE NO. (911 -2001
AN ORDINANCE REGULATING TAXICAB SERVICES IN THE CITY OF VAN
BUREN.
WHEREAS, There is a growing need for taxicab services in the City of Van
Buren; and
WHEREAS, Taxicab services are currently operating in the City of Van Buren;
and
WHEREAS, It is in the public interest that the City of Van Buren regulate the
operations of said taxicab services for the public health and safety;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS:
SECTION 1:
Definitions.
For the purposes of this article, the following words and phrases shall have the
meanings respectively ascribed to them:
Driver shall mean any person who actually drives a taxicab whether for himself as
the operator or as an employee of the operator thereof.
Operator shall mean any person who makes use of and employs taxicabs in a
business for profit, whether or not such person actually owns the taxicab so employed;
provided, that the term does not include a driver who pays a consideration to a taxicab
operator for the furnishing of common business facilities for more than one (1) driver.
Taxicab shall mean a motor- driven vehicle having a seating capacity not in excess
of seven (7) passengers used for the transportation of persons for hire, provided, the term
does not include a vehicle have a seating capacity in excess of seven (7) passengers
employed in transporting persons over a regular schedule of operation. Furthermore, the
term shall not include any private or publicly operated bus or mini bus transportation
system.
Penalty, revocation of permit.
The failure to comply with any requirement contained in this section for any
person, operator or driver or the doing of any act by any person, operator or driver
prohibited herein is declared to be unlawful, and any person convicted of such unlawful
act shall be deemed guilty of a misdemeanor. In addition to the penalty provided for
misdemeanors, the commission of any act prohibited by this section, or the failure to
comply with any of the requirements of this section or the supplying of any false
information to the City with reference to this section by an operator or by an applicant for
an operator's permit shall be grounds for the Council to withdraw and cancel the permit
of such operator or to deny a permit to such applicant, and the commission of any act
prohibited by this section or the failure to comply with any of the requirements of this
section or the supplying of any false information to the City with reference to this section
by a driver or by an applicant for a driver's certificate shall be grounds for the City Clerk
to revoke the driver's certificate of any driver or to deny a certificate or renewal of
certificate to such applicant.
Daily records.
(a) Every operator of a taxicab shall prepare and maintain a permanent daily record
with reference to his business operation which shall contain the following
information:
(1) A complete list of all vehicles used in the business.
(2) The names of the owners of such vehicles if not owned by the
operator and a description of the ownership arrangement with
reference to such vehicle.
(3) A description of the vehicles, including each vehicle's make,
model, seating capacity, motor and serial number and assigned
cab number.
(4) The name and address of each driver employed by such operator
and the hours each driver operated each vehicle.
(b) Such daily records shall be maintained by each operator at its permanent place of
business for inspection by the public, including any agents or officers of the City.
Annual report.
Within ten (10) days before or after the first day of January and the first day of
July of each year, each operator shall deliver to the City Clerk of the City a sworn
statement containing the following information:
(1) Operator's business or trade name.
(2) Operator's correct legal entity and, if a corporation, the names, addresses and
interests of the stockholders in the corporation and the names and addresses of
the executive officers of the corporation.
(3) Operator's business address and telephone number.
(4) A list of vehicles used by the operator during the preceding six (6) months
period (a compiled list of the daily permanent record may be submitted as
compliance with the requirement of this subsection).
(5) A list of all cab drivers with their driver's license number for the preceding six
(6) months.
Identification of vehicle.
Each and every operator of a taxicab shall cause the trade or business name of the
taxicab operator and a taxicab number, consisting of no more than two (2) numerals, to
be shown on each side and the rear of each taxicab in contrasting colors and in letters and
numerals not less than four (4) inches in height each.
Condition of vehicle.
No operator shall operate and no driver shall drive a taxicab which is in an
unsanitary condition or is mechanically unsafe. The Mayor, or his designated agent, is
hereby authorized to order any operator and /or driver to immediately discontinue the use
of any vehicle as a taxicab until specific, designated unsanitary conditions have been
remedied and /or until such vehicle is in sufficient mechanical condition to be
successfully reinstated. The provisions of the preceding sentence shall be in addition to
any other penalty or remedy provided for in this section.
Fares generally.
The fares which shall be charged by taxicab operators and drivers within the City
shall be established by the City Council from time to time and kept on file in the office of
the City Clerk.
Quotation of fare.
In every instance of pickup of passenger for delivery the driver shall immediately
after pickup determine and quote to the passenger the fare for the service. Upon request
by any passenger, each driver shall request from the dispatcher a confirmation of the fare
to be charged, if the taxicab operator utilizes a dispatcher and two -way radio
communication.
Signs.
(a) Each operator and each driver shall cause the following signs and information
to be maintained in each taxicab operated and driven:
(1) A copy of the zone map in a size of at least fourteen (14) inches by
twenty (20) inches and a copy of the fares authorized to be charged
shall be maintained in each taxicab and shall be subject to inspection at
the request of any passenger.
(2) A sign maintained on the interior portion of the vehicle in print easily
legible to a passenger entering the cab, which states the fares
established under this section.
(3) A sign maintained on the interior portion of the vehicle in print of
sufficient size to be legible by the passengers which shall contain the
information set forth in item a. and the language set forth in
subsections b. and c.:
a. Driver's name, photograph and taxicab number;
b. Taxis are controlled by City ordinance;
c. Zone fare map;
d. Complaints or comments may be directed to the City
Clerk's Office. 474 -8936.
(b) The driver is required to furnish requested information about fares.
Receipt for fare.
Upon request by any passenger, each driver shall furnish a receipt showing the
amount of fare charged, point of pickup and delivery and name of driver.
Alternate route, extra fare.
In every instance that a passenger is to be taken to his destination by a course of
travel other than the most direct possible, the driver shall so advise the passenger. The
passenger shall then have the opportunity to not travel with the taxicab. Every operator
and driver shall be permitted to provide a special, direct service in such instance, and
such operator shall charge therefore a fare of not more than, nor less than, fifty cents
($0.50) in addition to the regular fare provided herein.
Required.
No taxicab operator shall commence the activities of operating a taxicab within
the City until that person has applied for and been granted a permit for that purpose by
the City Council.
Application.
The City Council may grant permits for the operation of taxicabs in the city upon
written application. The application shall be verified by oath and shall contain the
following:
(1) The name, address and correct legal entity of the person making application.
(2) The proposed business address of the applicant.
(3) A statement of facts showing applicant's qualifications to render the service of
operating a taxicab together with the facts which he considers to justify and
require the rendering to the public of such service.
(4) A statement that the applicant will comply with all provisions of this article
and with all other city ordinances and laws of the state regulating taxicabs.
Hearing.
The City Council shall hold a public hearing on the application for a permit
required by the provisions of this section, shall cause a notice of such public hearing to be
published in a newspaper having general circulation in the city at least one (1) time at
least seven (7) days prior to the date of such public hearing and shall cause a written
notice of such hearing to be given to all taxicab operators holding permits from the City.
After such public hearing, the City Council, in its discretion, shall determine whether the
public convenience and necessity requires the granting of the application.
r Insurance.
(a) Before commencing to operate a taxicab, every operator shall deposit with the
City Clerk a policy of liability insurance, or a certificate of insurance, issued by a
responsible insurance company duly licensed to transact such business in the
State, such insurance to be in amounts as required by A.C.A. 27 -22 -104. Such
policy shall provide that it may not be cancelled without first giving the City
Clerk ten (10) days written notice.
(b) In lieu of such policy of insurance, such owner may file a bond, in a form
approved by the City Attorney, to be signed by a corporate surety company
licensed to do business in this state which bond shall be conditioned for the
payment of property damage and personal injuries in the same manner and to the
same extent as herein provided in the case of filing an insurance policy.
(c) Alternatively, in lieu of a policy of insurance or such bond, such owner may
provide proof of self insurance, for both property damage and bodily injury, as
authorized by A.C.A. 27 -19 -107. Such proof shall consist of certification as
self insured by the appropriate department of the State.
Surety bond.
No permit to operate a taxicab shall be issued by the City Council until the
applicant for permit files with the City Clerk a bond signed by a corporate surety
authorized to do business in the state, in a form approved by the City Attorney, in the
amount of Five Thousand Dollars ($5,000.00) conditioned upon such applicant for permit
establishing, maintaining and continuing the proposed service until such time as the
permit issued to applicant is cancelled, withdrawn or has expired. If the applicant fails to
comply with the provisions of the bond, the City shall forfeit the bond as compensation to
the City for loss of applicant's service.
Transfer.
No permit issued under the provisions of this section shall be sold, transferred,
assigned, leased or otherwise disposed of without the consent of the City Council.
Privilege license tax and permit fee.
(a) Each taxicab operator shall pay a privilege license tax and permit fee to the City,
in lieu of any other occupation license tax imposed by this Code, for each taxicab
employed and used by the operator during any calendar year according to the
following schedule:
(1) First taxicab, per year $75.00
(2) Second taxicab, per year $50.00
(3) Third and subsequent taxicabs,
Per year, each $25.00
(b) The privilege license tax and permit fee provided for herein shall be due and
payable on the first day of January of each calendar year and shall be past due if
not paid by January fifteenth of such calendar year and a penalty in the amount of
ten (10) percent of the tax due shall be assessed for any payment made after
January fifteenth. The payment of the privilege license tax and permit fee shall be
based on the number of taxicabs employed and used by the operator on January
first of each calendar year. No operator shall add an additional taxicab to the total
number for which a privilege license tax and permit fee has been paid until the
operator shall have paid for such additional taxicab a privilege license tax and
permit fee in the amount of a pro rata portion of the fee and tax established by
subsection (a) above according to the number of months, or parts thereof,
remaining in the calendar year at the time of application.
Minimum age.
It shall be unlawful for any person under twenty -one (21) years of age to drive or
operate a taxicab upon the public streets, alleys or other public ways of the City; and it
shall be unlawful for any person to employ, hire or permit a person who is less than
twenty -one (21) years of age to so drive or operate a taxicab.
Permit required.
No person shall drive a taxicab for any taxicab operator who does not have a
valid, current permit from the City Council for that purpose.
Application for Permit.
(a) An application for a permit shall be submitted in writing to the City Clerk, on
forms provided by the City Clerk for that purpose, for a taxicab driver's
certificate.
(b) Such application shall contain the applicant's name, age and address, and the
applicant shall furnish to the City Clerk his fingerprints, one (1) print of a
photograph of the applicant and proof of a current, chauffeur's license issued by
the State.
Issuance, denial.
The City Clerk shall issue a taxicab permit to such driver within five (5) days or
notify the applicant by telephone or in writing that such perniit will not be issued and the
reasons therefore.
Renewal.
Each driver shall obtain a renewal of the driver's permit from the City Clerk's
office on or before the fifteenth day of January of each calendar year, which renewal
certificate shall be valid until January fifteenth of the following calendar year. As part of
the renewal procedure, such person shall submit written evidence of passage of an
eyesight examination by the state police department within thirty (30) days prior to the
date of application for renewal.
Cancellation.
An issued taxicab driver's permit shall be automatically cancelled in the event
that his chauffeur's license issued by the State is for any reason revoked, cancelled or
otherwise discontinued.
SECTION 2:
If any section, subsection. subdivision, paragraph, sentence, clause or phrase in
this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the
validity or effectiveness of the remaining portions of this Ordinance or any part thereof.
PASSED AND APPROVED THIS DAYOF OCTOBER, 2001.
MAYOR J H 'T' IGGS
ATTESTED:
CITY CLERK/TREASURER