Loading...
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 --)
(A) The Town Manager shall consider the application and the results of the investigation and shall issue the permit unless he or she concludes that there is reliable information justifying rejection of the application. The following factors shall be deemed sufficient grounds for refusing to issue a permit or for revoking a permit already issued:
(1) Conviction of a felony against the state, or conviction of any offense against another state which would have been a felony if committed in this state;
(2) Violation of any federal or state law relating to the use, possession or sale of alcoholic beverages or narcotic or barbiturate drugs;
(3) Addiction to or a habitual use of alcoholic beverages or narcotic or barbiturate drugs;
(4) Violation of any federal or state law relating to prostitution;
(5) Lack of United States citizenship or permanent resident alien status; or
(6) Habitual violation of traffic laws or ordinances.
(B) Upon the Town Manager’s approval of the issuance of a permit to the applicant, a permit may be issued upon completion of all of the following:
(1) The applicant has paid a permit fee in the amount of $15;
(2) The applicant has paid all fees due in connection with the investigation of the application;
(3) With respect to the vehicle-for-hire business for whom the driver works (whether as an employee, independent contractor, or principal), the operator has:
(a) Demonstrated that the operator has policies in place by which the operator will maintain control over each driver working in the business with respect to the fares to be charged and the driver’s behavior while transporting passengers;
(b) Signed a consent for periodic and random inspections of taxicabs and/or other vehicles for hire for safety and compliance with this chapter;
(c) Filed with the town proof of financial responsibility maintained on all taxicabs or other vehicles to be used for hire, such proof of financial responsibility having the meaning set forth at G.S. § 20-280(b) for taxicabs and/or other applicable state law; and
(d) Demonstrated that the operator maintains all vehicles for hire which are currently available for hire and within his or her control in a safe and sanitary condition and maintains current state safety inspections on all vehicles for hire within his or her control.
(Ord. passed 9-17-2009; Ord. passed 4-19-2011; Ord. passed 6-21-2011; Ord. passed --)
Any person issued a permit under this chapter shall allow random inspections by the Chief of Police or his or her designee of any vehicle currently available for hire. The inspections shall be for the following purposes:
(A) To ensure that the vehicle is maintained in a safe and sanitary condition; provided, the inspections shall not be considered a substitute for required state safety inspections, and shall not constitute a guarantee or assurance to any person by the town that a vehicle for hire is safe or sanitary; and
(B) To ascertain compliance with this chapter, including, but not limited to:
(1) Determining that the permit, schedule of fares and a photograph of the driver are displayed as required;
(2) Determining that there is a permanent sign at a conspicuous place on each taxicab or vehicle for hire showing that it is a taxicab or vehicle for hire;
(3) Determining that the vehicle's state safety inspection is current; and
(4) Determining that the driver of the vehicle is in possession of a valid driver's license, registration and proof of insurance.
(Ord. passed 6-21-2011; Ord. passed --)
(A) A permit issued to a driver of a vehicle for hire shall expire after two years if it is not renewed. A permit may be renewed upon approval of the Town Manager no more than 90 days before its expiration date. In order to renew the permit, the driver shall provide such forms, fingerprints, and fees as are required for the Chief of Police or his or her designee to carry out an updated background check with state and national repositories per § 110.04, and shall fulfill and/or confirm as applicable all requirements set forth at § 110.05.
(B) At any time after the issuance of a permit to drive a taxicab or other vehicles for hire, the Town Manager may revoke a permit for the reasons set forth in § 110.05(A), for the operator’s failure to continually meet the requirements of § 110.05(B)(3), for an operator or driver’s failure to submit to a random compliance search pursuant to § 110.06, or if, upon inspection, the Chief or his or her designee determines that a vehicle currently available for hire is not being maintained in a safe or sanitary condition.
(Ord. passed 4-19-2011; Ord. passed 6-21-2011; Ord. passed --)
All drivers of vehicles for hire shall prominently display in each vehicle for hire, so as to be visible to the passengers, the permit, the schedule of fares and a photograph of the driver.
(Ord. passed 4-19-2011; Ord. passed 6-21-2011; Ord. passed --) Penalty, see § 10.99
Loading...