Sec. 4-77. Prohibited acts.
A. It is unlawful for a driver to violate, through act or omission, any of the following:
1. A driver shall not stop, stand, or park a ground transportation motor vehicle except in areas designated for its category of passenger pick-up or drop-off as posted by the Aviation Director.
2. A driver shall not pick up or drop off passengers except in parking garages, or in designated loading or unloading zones posted by the Aviation Director for that activity.
3. A driver shall not leave a motor vehicle unattended while in a posted pick-up or drop-off loading or unloading zone on an airport. For purposes of this subsection, a vehicle is "unattended" when the driver is not within 15 feet from the vehicle.
4. A driver shall not stop, stand, or park a motor vehicle on an airport without displaying the following information in a manner prescribed in rules and regulations:
a. The fare to be charged;
b. The name of the driver;
c. The name of the provider;
d. How and where to lodge a complaint; and
e. A valid vehicle decal or trade dress.
5. Except in designated waiting areas, a driver operating under a permit for a prearranged provider shall not stop or park a ground transportation motor vehicle on an airport without having a prearranged customer.
6. A driver shall not stop, stand or park a ground transportation motor vehicle at Phoenix Sky Harbor International Airport unless the vehicle is properly equipped with an automated vehicle identification (AVI) tag or the driver is using global positioning satellite (GPS) trip tracking as required in Section 4-72 and airport rules and regulations.
7. A driver shall not take a route that is not the most direct and rapid route to the passenger’s destination unless agreed upon by the passenger.
8. A driver shall not engage in any physical fighting or loud, boisterous verbal disputes while on an airport or while transporting passengers from an airport.
9. A driver shall not solicit passengers for hire on an airport, except as authorized by the Aviation Director by written agreement designating specific locations and conditions for that activity. Except as authorized by the Aviation Director, fare negotiations with passengers shall take place outside of the air terminals and only in areas designated by the Aviation Director.
10. A driver shall meet a passenger(s) in the air terminals only in areas designated by the Aviation Director. The driver shall have in physical possession, at all times while in an air terminal for the purpose of meeting a passenger, the driver’s identification placard and a waybill for the passenger pick-up.
11. A driver shall not pick up or drop off passengers except as authorized by a permittee under Section 4-68 or contracted taxicab provider under Section 4-82 or shared ride van service under Section 4-84.
12. A driver operating under the permit of a prearranged provider shall not charge more than the rate agreed upon with the passenger in that specific prearranged transaction.
13. A driver shall not alter, deface, tamper with, or damage an AVI tag or GPS trip tracking device. A driver shall not attempt to circumvent a trip tracking system.
14. A driver operating under the permit or contract of an authorized provider authorized to operate using GPS trip tracking shall maintain that authorized provider’s mobile application open at all times while on an airport.
15. A driver shall not alter, tamper with, deface, or damage an identification media, a vehicle decal, or vehicle trade dress.
16. A driver shall:
a. Obtain and maintain a valid vehicle decal or trade dress as required in Section 4-71;
b. Obtain, maintain and make available to airport representatives upon request a valid driver identification media as required in Section 4-69;
c. Have proof of valid insurance meeting requirements set forth in Section 4-68(B)(3);
d. Make the driver identification media, and physical or virtual waybill, or copy of the written agreement with the prearranged passenger, available to airport representatives upon request;
e. Leave the passenger pick-up area immediately after pick-up, if the passenger cancels the reservation, or as otherwise directed by the Aviation Department; and
f. Leave the passenger drop-off area immediately after drop-off or as otherwise directed by the Aviation Department.
17. A taxicab driver shall not park in a posted loading zone on an airport without having a properly installed, approved and sealed taxicab meter that is correctly set to calculate the fare or rate displayed on the outside of the vehicle; and without having a roof or top sign mounted on the taxicab that readily identifies the vehicle as a taxicab.
18. A taxicab driver shall not charge more than the fare prescribed in Section 4-83.
B. It is unlawful for a commercial ground transportation provider to violate, through act or omission, any of the following:
1. A provider may only stop, stand, or park a motor vehicle, or allow a motor vehicle to stop, stand, or park, in parking garages or areas designated for its category of passenger pick-up or drop-off as posted by the Aviation Director.
2. A provider shall not stop, stand, or park a motor vehicle, or allow a vehicle to stop, stand, or park on an airport without displaying the following information in a manner prescribed in rules and regulations:
a. The fare to be charged;
b. The name of the driver;
c. The name of the provider;
d. How and where to lodge a complaint; and
e. A valid vehicle decal or trade dress.
3. A provider shall not solicit passengers for hire on an airport, except as authorized by the Aviation Director by written agreement designating specific locations and conditions for that activity. Except as authorized by the Aviation Director, fare negotiations with passengers shall take place outside of the terminals and only in areas designated by the Aviation Director.
4. Prearranged providers shall not charge more than the rate agreed upon with the passenger in that specific prearranged transaction.
5. A taxicab provider shall not charge more than the fare prescribed in Section 4-83, and displayed on the vehicle, or the amount visibly shown on the meter.
6. A permittee shall not fail to comply with the requirements of Section 4-68.
7. A provider shall not misrepresent the nature, scope, or quality of its driver background checks.
8. A taxicab provider shall not fail to have a properly installed, approved and sealed taxicab meter that is correctly set to calculate the fare or rate displayed on the outside of the taxicab; and shall not fail to have a roof or top sign mounted on the taxicab that readily identifies the vehicle as a taxicab.
9. Rental car companies shall use only the common transportation system, provided by the City, as the exclusive means to transport customers to and from the airport terminal zone.
Off-airport rental car companies shall pick up and drop off passengers only at the curb position at the RCC designated for off-airport rental car companies.
The requirements in this subsection (B)(9) do not apply to disabled services vehicles picking up or dropping off customers with special needs or to rental car customers renting from a facility located in space subleased from a fixed base operator.
10. Loading and unloading at the curb position at the RCC designated for off-airport rental car companies and at the curb positions for the common transportation system are governed by airport rules and regulations posted on the airport’s website.
11. A provider shall not alter, deface, tamper with, or damage an AVI tag or GPS trip tracking device. A provider shall not attempt to circumvent a trip tracking system.
12. A provider shall not alter, tamper with, deface, or damage an identification media, a vehicle decal, or vehicle trade dress.
13. A provider shall not stop, stand or park a ground transportation motor vehicle at Phoenix Sky Harbor International Airport unless the vehicle is properly equipped with an automated vehicle identification (AVI) tag or the provider is using global positioning satellite (GPS) trip tracking as required in Section 4-72 and airport rules and regulations.
C. It is unlawful for an authorized signer or designated local point of contact to violate any of the following:
1. An authorized signer or designated local point of contact shall not authorize any driver that has not passed a background check or is prohibited to operate pursuant to Section 4-68.
2. An authorized signer or designated local point of contact shall not authorize any vehicle that has not passed the inspection required in Section 4-68.
D. The following remedies are cumulative. The City may proceed under one or more of these remedies:
1. Civil violations; penalties.
a. A violation under subsections (A)(1) through (6) and (B)(1) and (2) of this section is a civil violation, subject to a civil penalty as provided in Section 36-156.02.
b. A violation under subsections (A)(7) through (18), (B)(3) through (13), and C of this section is a civil violation subject to a penalty of:
(1) For the first violation, not less than $100.00;
(2) For the second violation within 36 months of the commission of a prior violation, not less than $250.00;
(3) For the third or any subsequent violation within 36 months of the commission of a prior violation, not less than $500.00.
c. For this section, the 36-month period will be determined by the dates the violations were committed. A person shall be assessed the enhanced civil penalty upon a finding of responsibility for any violation committed within 36 months of the commission of another violation for which that person was convicted or found responsible, irrespective of the order in which the violations occurred or whether the prior violation was civil or criminal.
2. Criminal violations. A violation of subsections (A)(9) through (18), (B)(3) through (13), and C of this section is a Class 1 misdemeanor subject to the provisions of Section 4-80.
3. The owner of record, according to the Arizona Department of Transportation Motor Vehicle Division, for a vehicle observed committing any of the above violations is presumed to control the vehicle at the time of the violation. If more than one person is listed as the owner of the vehicle, those persons are jointly and severally presumed to control the vehicle.
E. Each day any violation of any provision of this article, or the failure to perform any act or duty required by this article, exists shall constitute a separate violation or offense. (Ord. No. G-4116, § 2, 1998; Ord. No. G-4360, § 5, 2001; Ord. No. G-4735, § 9, 2005; Ord. No. G-4764, § 1, 2005; Ord. No. G-4862, § 3, 2007; Ord. No. G-4878, § 1, 2007; Ord. No. G-6164, 2016; Ord. No. G-6650, § 5, 2019)