Section
110.01 Definitions
110.02 Permit required
110.03 Application
110.04 Investigation
110.05 Conditions of permit; issuance and fee
110.06 Compliance inspections
110.07 Renewal of permit; revocation
110.08 Display of permit, schedule of fares, driver's photograph
110.09 Signs identifying vehicle as vehicle for hire or taxicab
110.10 Non-transferability of permit
For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OPERATOR OF A BUSINESS INVOLVING VEHICLES FOR HIRE. An owner and (if different from the owner) manager of a business that involves one or more vehicles for hire operated at any time within the corporate limits of the town, including a taxicab business, but not including a business that only operates vehicles regulated under G.S. Ch. 62, a regional transportation authority created or operating under G.S. Ch. 160A, Art. 26 or 27, a transportation service operated by a governmental entity, or a Transportation Network Company (“TNC”) service regulated under G.S. Ch. 20, Art. 10A.
TAXICAB. Any motor vehicle seating nine or fewer passengers operated upon any street or highway on call or on demand, accepting or soliciting passengers indiscriminately for hire between points along streets or highways as may be directed by the passenger so being transported.
TRANSPORTATION NETWORK COMPANY (TNC). Any person that uses an online-enabled application or platform to connect passengers with TNC drivers who provide prearranged transportation services, as provided at G.S. § 20-280.1.
VEHICLE FOR HIRE. Any motor vehicle, including, but not limited to, a taxicab, accepting or soliciting one or more passengers for hire between any two locations, during at least a portion of which it is operated upon a public street or highway; but not including vehicles regulated under G.S. Ch. 62, vehicles owned and operated by a regional transportation authority created or operating under G.S. Ch. 160A, Art. 26 or 27, vehicles owned and operated by a governmental entity, or TNC service vehicles.
(Ord. passed 4-19-2011; Ord. passed 6-21-2011; Ord. passed --)
Every driver of a vehicle for hire, including a taxicab, operating over any public street within the corporate limits of the town is required to obtain a permit from the town prior to engaging in the activity.
(Ord. passed 4-19-2011; Ord. passed 6-21-2011; Ord. passed --) Penalty, see § 10.99
The application required of each applicant for a permit to drive a vehicle for hire, including a taxicab, shall be made upon such forms as are furnished by the town for that purpose and shall, among other things, require the applicant’s full name, any other name by which the person has been known, complete physical and mailing address, physical condition, physical description, full name and contact information for every former employer within the last ten years, court record, chauffeur’s license number, if applicable, any other identifying information as may be needed to conduct a state or national background check, and the identity of and contact information for the operator(s) of the vehicle-for-hire business for whom the applicant works if the applicant is not the operator or his or her own business. The application shall be signed and sworn to by the applicant and by the owner and operator in front of a state notary public. Each applicant shall appear at the office of the Police Department for the purpose of having his or her fingerprints taken and photograph made, both of which shall constitute a part of the application. Each applicant shall be required to sign a form consenting to the check of his or her criminal record and to the use of the fingerprints and other identifying information required by the NC Department of Public Safety and/or state or national repositories in order to conduct the check. The applicant must pay the fee, if any, for any background check upon submission of the application.
(Ord. passed 4-19-2011; Ord. passed 6-21-2011; Ord. passed --)
The Chief of Police or his or her designee shall investigate the facts stated in each application and, in addition, shall subject an applicant to a national criminal history background check, including through the use of FBI records, by making appropriate application to the NC Department of Public Safety as provided at G.S. § 160A-304(a). All information collected pursuant to the investigation shall be privileged, in accordance with applicable state law and federal guidelines, and the information shall be confidential and shall not be a public record under G.S. Ch. 132. The Chief of Police or designee may also require an applicant to submit to a controlled substance examination for which the applicant must pay the actual costs. Following his or her investigation, the Chief of Police or his or her designee shall report his or her findings and recommendations to the Town Manager.
(Ord. passed 4-19-2011; Ord. passed 6-21-2011; Ord. passed --)
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