Legislation # 08-0428 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 10/8/2008
Title 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.
 
Legislation History 08-0428
DateNotice Of ActionDescription
10/23/2008 Enactment Number 08-0020
10/22/2008 Approved items 1 through 14 on the consent agenda.
10/8/2008 Adopted on First Reading
9/30/2008 Adopted on First Reading
9/25/2008 Received By Clerk's Office
 
View Attachments 08-0428
FileTypeSizeDescription
Division 2 Certificate of Public Convenience Redline.DOC Other 54K Chapter 38 Division 2 Redline
 
Legislation Text 08-0428

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 08-0428

 

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.

 

(b)   Notwithstanding 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 arrangement.

 

(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 license.

 

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 applicant:

 

(1)   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.

 

(3)   The 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 each.

 

(6)   The character and location of the depots and terminals to be used, if any.

 

(7)   Each 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 federal law.

 

(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 considered:

 

(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.

 

(5)   The fact that no depots and no terminals are proposed to be used.

 

(6)   The experience of the applicant in the transportation of passengers for hire in taxicabs.

 

(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.

 

(c)   Upon 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 upon refusal.

 

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 application.


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:

 

(1)   The name and address of the owner.

 

(2)   The number, kind and description of the vehicle the operation of which is authorized by the certificate.

 

(3)   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 suspension--Grounds.

 

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.

 

(2)   Failure 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 thereof.

 

(4)   Failure 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 such revocation.


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 _________________

Molly Joseph Ward, Mayor

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council