Legislation # 08-0094 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 3/12/2008
Title AN ORDINANCE TO AMEND AND REENACT CHAPTER 38 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA ENTITLED “VEHICLES FOR HIRE”, DIVISION 3 “DRIVER’S PERMIT”, SECTIONS 38-76, 38-77, 38-78, 38-80, 38-81, 38-82, 38-83, 38-88, 38-89, 38-91, 38-92, 38-93, BY ADDING THERETO A NEW SECTION 38.77.1 ENTITLED “APPLICANT’S QUALIFICATIONS” AND REPEALING SECTION 38-90.
 
Legislation History 08-0094
DateNotice Of ActionDescription
3/27/2008 Enactment Number 08-0010
3/26/2008 Approved items 2 through 7 on the consent agenda.
3/12/2008 Adopted on First Reading as Amended
3/3/2008 Received By Clerk's Office
 
View Attachments 08-0094
FileTypeSizeDescription
Chapter 38 Taxicabs 22908.DOC Other 54K Chapter 38 Taxicabs Redline Version
Amended Redline - Chapter 38 Taxicabs 22908.DOC Other 54K Amended Redline
 
Legislation Text 08-0094

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 08-0094

 

Enactment Number: 08-0010

 

AN ORDINANCE TO AMEND AND REENACT CHAPTER 38 OF THE CODE OF THE CITY OF HAMPTON, VIRGINIA ENTITLED VEHICLES FOR HIRE, DIVISION 3 DRIVERS PERMIT, SECTIONS 38-76, 38-77, 38-78, 38-80, 38-81, 38-82, 38-83, 38-88, 38-89, 38-91, 38-92, 38-93, BY ADDING THERETO A NEW SECTION 38.77.1 ENTITLED APPLICANTS QUALIFICATIONS AND REPEALING SECTION 38-90.

 

 

DIVISION 3. TAXICAB DRIVER'S PERMIT

 

Sec. 38-76. Required.

 

No person shall drive or operate a taxicab within the city, unless he has a current and valid "taxicab driver's permit" issued under the provisions of this division, which permit (i) shall be in addition to any driver's or other license required of such person by law, and (ii) authorizes the holder to operate any taxicab in the city for which a current certificate has been issued by the city.

 

Sec. 38-77. Application generally.

 

Application for a taxicab driver's permit shall be made to the chief of police in writing on forms prescribed by the chief of police, under oath and shall show the following:

 

(1) The full name of the applicant.

 

(2) The applicant's present address.

 

(3) The applicant's age, sex, race, height and weight and the color of his eyes and hair.

 

(4) The place of birth of the applicant and whether the applicant is a citizen of the United States.

 

(5) Places of previous residence and employment of the applicant for the past five (5) years.

 

(6) Whether or not the applicant has good hearing and good eyesight.

 

(7) Whether or not the applicant is in good physical condition.

 

(8) Whether or not the applicant uses, or has used within the past five (5) years, intoxicating liquors, drugs or any other form of narcotic and, if so, to what extent.

 

(9) Whether or not the applicant has ever been convicted of, plead guilty to or entered the plea of nolo contendere to the violation of any city, state, federal or other criminal law and, if so, the number of times and the kind of offenses and such other information as may be required by the chief of police.

 

(10) Whether or not the applicant has previously been employed or licensed as a driver or chauffeur and, if so, whether or not his license or permit has ever been revoked or suspended for any reason.

 

(11) What experience, if any, the applicant has had in the operation of motor vehicles.

 

Sec. 38-77.1. Applicants qualifications

 

No taxicab driver's permit shall be issued by the chief of police to an applicant if:

 

(1)    The applicant has ever used a taxicab for illegal purposes.

(2) The applicant has any physical or mental infirmity which might render such driver unfit for the operation of a taxicab.

 

(3)    The applicant's current privilege to operate a motor vehicle is suspended or revoked.

(4)    The applicant has been convicted of a felony within the past five (5) years.

 

(5) The applicant has been convicted of a crime of moral turpitude within the past three (3) years.

 

(6)    The applicant has been convicted in any court of driving under the influence of alcohol or other self-administered drug within the past three (3) years.

 

(7)    The applicant has been convicted in any court of a violation of any federal, state or city law regulating the ownership or operation of taxicabs within the past three (3) years.

 

(8)   The applicant has been convicted in any court of three (3) or more moving violations of the motor vehicle codes of any city or state, or a combination thereof, within the past twelve (12) months.

 

(9) The applicant has been convicted in any court two or more times of driving any motor vehicle in a reckless manner within a twelve-month period.

 

(10)    The applicant is less than eighteen (18) years of age.

 

(11)  The applicant does not possess a valid and current Virginia driver's license to drive a motor vehicle on the highways of the Commonwealth.

 

(12)    The applicant has provided false information on the application that is material to the chief of police's determination to issue or not issue a taxicab driver's permit, or the applicant has been denied a taxicab driver's permit within the past three (3) years based on having provided false information on a previous application.

 

(13) Information and records obtained by the chief of police through the application investigation process indicates that the applicant is not qualified to obtain a taxicab driver's permit.

 

(14)    The applicant is required to register or has registered as a sex offender in any state or by the federal government.

 

Sec. 38-78. Investigation of facts stated in application.

 

The chief of police or his designee shall promptly make, or cause to be made, an investigation of the facts stated in an application for a permit under this division and he shall make a written memorandum of his findings, which shall be kept on file in his office for a period of two years from the date of the application.

 

Sec. 38-80. Photograph of applicant.

 

Each applicant for a permit under this division shall file with his application two (2) recent photographs of himself of a size designated by the chief of police, one of which shall be attached to and become a part of the application, the other to be attached to the permit, if issued, as provided in section 38-84.

 

Sec. 38-81. Medical examination of applicant.

 

The chief of police may require a medical examination of an applicant for a permit under this division.

 

Sec. 38-82. Fees.

 

Applicants and permittees under this division shall pay the following fees:

 

(1) For each permit issued . . . $25.00

 

(2) For each renewal of a permit . . . $15.00

 

All such fees shall be paid to the city treasurer for the use of the general fund thereof.

 

Sec. 38-83. Issuance or refusal.

 

If the chief of police finds that the applicant for a permit under this division is duly qualified and of good moral character, he shall issue him a permit. If the chief of police is not satisfied of the qualifications and fitness of the applicant to operate a taxicab upon the streets of the city, he shall refuse to issue such permit.

 

Sec. 38-88. Surrender required upon conviction of certain crimes.

 

Any permit issued under this division shall immediately become void and shall be immediately surrendered by the permittee upon his conviction of, or plea of guilty or nolo contendere to a felony.

 

Sec. 38-89. Suspension or revocation--Generally.

 

(a)   A taxicab driver's permit issued under the provisions of this division shall be revoked by the chief of police after reasonable notice to the driver and subject to the provisions of Section 38-92 of this division, if:

 

(1)    The permit holder uses a taxicab for illegal purposes.

 

(2)    The permit holder has any physical or mental infirmity for a period of more than ninety (90) days which renders such driver unfit for the operation of a taxicab;

 

(3)    The permit holder's privilege to operate a motor vehicle has been revoked.

 

(4)    The permit holder has been convicted in any court of a felony since issuance of the taxicab driver's permit.

 

(5)    The permit holder has been convicted in any court of driving under the influence of alcohol or other self-administered drug.

 

(6)    The permit holder has been convicted in any court of two (2) violations within a twelve-month period, or three (3) or more violations at any time, of any city or state code provisions, or a combination thereof, regulating the ownership or operation of taxicabs.

 

(7)    The permit holder has been convicted in any court of three (3) or more moving violations within a twelve-month period of the motor vehicle codes of any city or state, or a combination thereof.

 

(8)   The permit holder does not possess a valid and current Virginia driver's license to drive a motor vehicle on the highways of the Commonwealth.

 

(9)    The permit holder provided false information on the application that is material to the chief of police's determination to issue or not issue a taxicab driver's permit.

 

(10)    The permit holder's taxicab driver's permit has been suspended a second time for the same cause or a third time for any cause in the last twelve (12) months.

 

(11)   The permit holder registers or is required to be registered as a sex offender in any state or by the federal government.

 

(b)   A taxicab driver's permit issued under the provisions of this division shall be suspended by the chief of police for the periods indicated, after reasonable notice to the driver and subject to the provisions of Section 38-92 of this division,

 

(1) If the permit holder has any physical or mental infirmity which renders such driver unfit for the operation of a taxicab, his permit may be suspended for an indefinite period until proof is provided by the driver that such infirmity has been corrected, except that if the period of infirmity lasts longer than ninety (90) days, the taxicab driver's permit shall be revoked by the chief of police.

 

(2)    If the permit holder has been convicted in any court of a violation of any city or state code provisions regulating the ownership or operation of taxicabs, his permit shall be suspended for a period not to exceed ninety (90) days.

 

(3)    If the permit holder fails to post the taxicab driver's permit card as provided in this division, his permit shall be suspended for a period not to exceed seven (7) days.

 

(c)   In the event of the suspension or revocation of such taxicab driver's permit, the taxicab driver's permit shall be forthwith surrendered to the chief of police. In case of suspension, the taxicab driver's permit shall be returned to the driver at the expiration of the period of suspension. In the case of revocation, the driver may reapply to the chief of police for a taxicab driver's permit at any time after the expiration of one (1) year from the date of revocation, or at the expiration of any period of revocation, whichever occurs later.

 

Sec. 38-90. Repealed.

Sec. 38-91. Reissuance after revocation.

 

No person whose taxicab driver's permit has been revoked shall again be issued such a permit except upon application to the chief of police pursuant to Section 38-77 and 38-77.1 of this Division.

 

Sec. 38-92. Appeals from refusal, suspension or revocation.

An appeal shall lie to the city manager or his designee from a decision of the chief of police refusing, revoking, suspending or failing to renew a taxicab driver's permit as provided in this division. Such appeal shall be filed in writing with the city manager or his designee within ten (10) days after such adverse action on forms prescribed by the chief of police.

 

The city manager or his designee shall respond to the appellant in writing within ten (10) days after receipt by his office of the written appeal. The city manager's or his designees response must either grant the relief requested or schedule a hearing within ten (10) days of the date of his response in order to afford the appellant an opportunity to be heard in the matter. A decision by the city manager or his designee shall be communicated to the appellant in writing within ten (10) days after the hearing. The decision of the city manager or his designee shall be final; no further appeals are authorized or provided.

 

Sec. 38-93. Records to be kept.

 

There shall be kept in the office of the chief of police a complete record of all drivers' permits issued under this division and of all renewals, suspensions or revocations thereof for a period of two years from the date of the application, renewal, suspension or revocation.

Secs. 38-94--38-105. Reserved.

 

 

 

Adopted at the regular meeting of the City Council of the City of Hampton, Virginia held on March 26th, 2008.

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council