City of Hampton, Virginia
Ordinance - Coded
22 Lincoln Street
Hampton, VA 23669
Enactment Number: 08-0020
Ordinance to Amend and Reenact
Chapter 38 "Vehicles for Hire", Division 2 of the Code of the City of
Hampton, Virginia, entitled Certificate of Public Convenience and Necessity
Sections 38-48, 38-50, 38-51, 38-52, 38-53, 38-56, 38-58, 38-59 and 38-61.
DIVISION 2. CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY
Sec. 38-46. Required.
(a) It shall be
unlawful for any person to operate or cause to be operated any taxicab within
the city, unless a certificate of public convenience and necessity therefor has
been issued to the owner thereof.
the provisions of this section, taxicabs operating under lawful certificate of
public convenience and necessity issued by the City of Newport News and the
driver thereof having a valid taxicab driver's license issued by the City of
Newport News may pick up and deliver passengers within the City of Hampton, but
only under the express conditions that such pickup is under contract or has
been prearranged and the taxicab has a manifest indicating such contract or
(c) No person
shall use the term "taxi" or "taxicab" in any advertising
or hold himself out as a taxi or taxicab operator, or represent himself to be
such by means of advertisements, signs, trade names or otherwise unless he has
previously thereto complied with the conditions, regulations and restrictions
prescribed by this chapter.
Sec. 38-47. Prerequisite to issuance of
No license for the operation of a
taxicab shall be issued pursuant to chapter 18 of this Code, unless the owner
has obtained a valid certificate of public convenience and necessity.
Sec. 38-48. Application.
Application for a certificate
required by this division shall be made by the owner or proposed owner of the
taxicab to the chief of police, upon forms provided therefor by the city. Such
application shall furnish the following information on the oath of the
full name and the home and business address of the applicant.
(2) The trade
name under which the applicant does or proposes to do business.
financial status and responsibility of the applicant.
(4) The name and
address of any person lending money or furnishing capital to the applicant,
where the operation or proposed operation is to be financed wholly or in part
by means of borrowed money or capital in any form furnished by any person other
than the owner.
(5) The number
and kind of vehicles, showing the seating capacity, design and color scheme of
(6) The character
and location of the depots and terminals to be used, if any.
conviction of, or plea of guilty by, the applicant for the violation of any
criminal law, whether such violation was of a city ordinance, state law or
(8) The specific
experiences of the applicant in the transportation of passengers for hire.
(9) All facts or
circumstances upon which the applicant bases his belief that public convenience
and necessity require the granting of his application.
Sec. 38-49. Investigation of applicant.
When a certificate is applied for
under this division, it shall be the duty of the chief of police, to promptly
make or cause to be made an investigation as to the character and
qualifications of the applicant to conduct a taxicab business. In the case of a
corporate applicant, the fitness of the officers, directors and stockholders
shall be investigated. The chief of police shall make a written record of his finding.
Sec. 38-50. Determination of public
convenience and necessity.
(a) The chief of
police shall determine whether the public convenience and necessity require the
operation of the taxicab for which application for a certificate has been filed
under this division. In making this determination, the following shall be
(1) The adequacy,
efficiency and safety of existing taxicab service and other forms of
transportation for passengers.
(2) The probable
permanence and quality of the services offered by the applicant.
(3) The financial
ability, character, qualifications and responsibility of the applicant.
(4) The number
and character of vehicles and the character and location of the depots and
terminals proposed to be used.
fact that no depots and no terminals are proposed to be used.
experience of the applicant in the transportation of passengers for hire in
(b) The burden
shall be upon the applicant for a certificate under this division to establish
the existence of public convenience and necessity for the operation of the
taxicab designated in his application and of all other facts required for the
granting of the application.
(c) To assist him
in making a finding as to whether public convenience and necessity require the
operation of the taxicabs for which an application has been filed, the chief of
police, upon receipt of an application for a certificate, shall provide each
certificate-holder with an opportunity to express an opinion about the application.
He shall notify each certificate-holder that an application for a certificate
has been filed. The certificate-holder may submit his opinion in writing within
thirty (30) days of the date of the notice to him.
Sec. 38-51. Issuance or refusal generally.
(a) When an
application is filed under this division, the chief of police shall act thereon with reasonable promptness,
either granting or refusing the certificate.
(b) The chief of
police may grant a certificate, as
applied for under this division, or grant a certificate for a lesser number of
vehicles than that specified in the application, or deny the application in the
exercise of a sound discretion, after a consideration of the factors prescribed
in section 38-50.
determination by the chief of police that
any application under this division should be granted, a certificate of public
convenience and necessity shall be issued to the applicant by the chief of
police, or his duly authorized agent.
Sec. 38-52. Notice and statement of grounds
In case an application under this
article is refused, the chief of police shall
forthwith transmit written notice of such refusal to the applicant, by certified mail, directed to the address shown upon the
Sec. 38-53. Appeal from refusal.
(a) Within ten
(10) days after the notice of refusal provided for in section 38-52 has been
mailed to him, the applicant for the certificate may appeal to the city manager from the action of the chief of police.
(b) The appeal
provided for in this section shall be in writing, signed by the applicant and
received in the office of the city manager no later than ten (10) days after
the notice of refusal has been mailed.
(c) The city
manager shall issue his final decision in writing within thirty (30) days of
receipt of the written appeal of the applicant and mail the decision to the
applicant. No new application by the same person, or by another for his use,
shall be filed within one year from such final action.
Sec. 38-54. Contents.
Every certificate issued under this
division shall state:
name and address of the owner.
(2) The number,
kind and description of the vehicle the operation of which is authorized by the
date of issuance.
(4) The fact that
the certificate is being issued subject to the provisions of this article and
all other laws and ordinances governing the operation of taxicabs in the city.
Sec. 38-55. Term.
Every certificate issued under this
division shall be valid from the day of issuance until revoked or suspended.
Sec. 38-56. Transfer.
Any certificate issued under the
provisions of this division shall be transferable only by and with the consent
of the chief of police. Application for any such transfer shall be filed with
the chief of police. Upon the filing of such application, the person to whom
the transfer is to be made shall file an application as if an original
application for a certificate were being made. The proceedings upon such
transfer shall be the same as upon an original application.
Sec. 38-57. Substitution of equipment for
that described in certificate.
No equipment shall be substituted
for that described in the certificate issued under this division, unless it has
been inspected and approved by the chief of police and the substitution or
addition has been endorsed on the certificate by him.
Sec. 38-58. Revocation or
Any certificate issued under this
division may be revoked or suspended by the chief of police for the following causes:
(1) Failure to
operate the taxicab specified in the certificate, or other vehicles properly
substituted therefor, in such a manner as to serve the public adequately.
to maintain taxicabs in good order and repair.
(3) Failure to
pay taxes due to the city, state or United States, or any department or board
to maintain insurance or a bond as required by this article.
(5) Repeated and
persistent violations of traffic and safety ordinances by drivers.
(6) Willful or
continued failure to comply with the provisions of this article or any other
law or ordinance regulating the operation of taxicabs within the city.
(7) Failure to
operate, in for-hire service, any vehicle certified under the provisions of
this division for a period of thirty (30) days, except for reasons beyond the
control of the owner.
Sec. 38-59. Same--Notice.
No revocation or suspension of any
certificate issued under this division shall be effective until the chief of
police has given actual notice thereof to the holder, or his agent, or until
twenty-four (24) hours after written notice has been sent by mail to the holder
as prescribed by section 38-52.
Sec. 38-60. Same--Period of suspension.
Any certificate suspended under
this division shall be suspended for not less than ten (10) nor more than
thirty (30) days.
Sec. 38-61. Same--Appeal.
An appeal from any order of the chief
of police revoking or suspending any
certificate under this division may be taken in the same manner and by the same
method as is set forth in section 38-53.
Sec. 38-62. Same--Renewal after revocation.
No certificate revoked under this
division shall be renewed, under any circumstances, for at least one year after
Sec. 38-63. Lease agreements.
(a) All lease
agreements between owners and lessees of public vehicles shall contain a
provision stating that the lease agreement does not create or intend any vested
rights in the owners or lessees of public vehicles, which are superior to any
amendment of Chapter 38 of the Code of the City of Hampton, Virginia, or any
provision thereof, which may be. All lease agreements between owners and
lessees of public vehicles shall be submitted to the city attorney's office for
approval as to form and correctness prior to the execution of such agreements.
(b) The city
reserves the right to amend Chapter 38 of the Code of the City of Hampton,
Virginia, or any provision thereof, and no vested rights in the owners or
lessees of public vehicles, which are superior to the city's rights to amend
such chapter or any provision thereof, are created or
intended by lease agreements between owners and lessees of public vehicles.
Adopted at the regular meeting of the City Council of the
City of Hampton, Virginia held on October 22, 2008.
Signed by ____________________________ Date
Joseph Ward, Mayor
Attested by ____________________________ Date _________________
of the Council