September 22, Mayor Krasnoff, Vice Mayor West and Members of the City Council

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1 C1ispeke IRGINIA September 22, 2016 Office of the City Attorney Fax ( 757) To: Mayor Krasnoff, Vice Mayor West and Members of the City Council Re: AN ORDINANCE AMENDING CHAPTER 82 OF THE CHESAPEAKE CITY CODE, ENTITLED " VEHICLES FOR HIRE," ARTICLE II, VARIOUS SECTIONS THEREOF, TO PROVIDE AN EXEMPTION FOR TRANSPORTATION NETWORK COMPANIES AND TNC PARTNERS, WHICH ARE REGULATED BY THE COMMONWEALTH OF VIRGINIA; TO REQUIRE RATES TO BE POSTED IN A CONSPICUOUS PLACE INSIDE EACH PUBLIC VEHICLE; TO ADD A DEFINITION FOR " OPERATOR" AND CHANGE THE TERM " DRIVER" TO " OPERATOR" IN CERTAIN SECTIONS; TO PROVIDE THAT CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY SHALL REMAIN VALID UNLESS SUSPENDED OR REVOKED; TO ELIMINATE CERTAIN ELIGIBILITY REQUIREMENTS FOR A PUBLIC VEHICLE DRIVER' S LICENSE AND PROVIDE FOR DISQUALIFICATION BASED ON CERTAIN CONVICTIONS; TO INCREASE THE FEE FOR A PUBLIC VEHICLE DRIVER' S LICENSE FROM $ TO $ AND TO LENGTHEN ITS PERIOD OF VALIDITY FROM ONE YEAR TO TWO YEARS; TO PROVIDE THAT THE CHIEF OF POLICE SHALL CONDUCT AN EXAMINATION OF AN AUTOMOBILE TO BE USED AS A PUBLIC VEHICLE BEFORE IT IS PLACED IN INITIAL SERVICE AND TO ELIMINATE THE REQUIREMENT OF PERIODIC EXAMINATIONS; TO PROVIDE FOR A FEE OF$ FOR SUCII VEHICLE EXAMINATION; TO PROVIDE THAT NO HOLDER OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY SHALL ALLOW A VEHICLE TO BE OPERATED AS A TAXICAB WITH A COLOR SCHEME THAT IS IDENTICAL TO THE COLOR SCHEME OF A DIFFERENT CERTIFICATE HOLDER; AND TO ELIMINATE THE PROHIBITION ON ALLOWING PASSENGERS TO RIDE IN THE FRONT SEAT OF PUBLIC VEHICLES. Please find enclosed an ordinance amending Chapter 82 of the City Code governing the licensure and operation of taxis and other vehicles for hire. This item was continued by City Council on June 28, 2016 to September 27, Since then, the Chief of Police and his staff and Deputy City Attorney Dana E. Sanford met with taxicab owners and Kevin Cosgrove, Esquire, to discuss changes to the ordinances that would retain the same general regulatory scheme but make it more workable from an administrative standpoint. Enclosed is Chief Wright' s memorandum dated September 16, 2016, outlining the proposed changes to the current ordinance and the rationale for those changes. The adheres to the principles of equal employment opportunity. This policy extends to all programs and services supported by the City"

2 The significant amendments are as follows: 1) Section 82-26: Adds definitions for " operator," " transportation network company," INC partner" and" TNC partner vehicle." 2) Section 82-27( d): Provides an exemption from City regulation for transportation network companies and INC partners, which are regulated by the Commonwealth of Virginia. 3) Section 82-35: Requires rates to be displayed inside public vehicles. 4) Section 82-61( g): Provides for certificates of public convenience and necessity to remain valid unless suspended or revoked, and eliminating the provision for renewals. 5) Section 82-82( a): Eliminates requirements for applicants for public vehicle driver' s licenses to provide places of previous employment, marital status, or information about addiction to intoxicating drugs or liquors. 6) Section 82-83( a): Eliminates requirements for the Chief of Police to investigate an applicant' s physical or medical condition, ability to read and write English, personal appearance and mental or moral fitness to operate a public vehicle; provides for disqualification for certain criminal convictions. 7) Section 82-84( a): Increases the fee for a public vehicle driver' s license from$ to$ ; extends the period a public vehicle driver' s license is valid from one( 1) to two( 2) years; increases the fee for a renewal of a public vehicle driver' s license from $ to $ ) Section : Provides for an inspection of a public vehicle and its equipment, including taximeters, to be examined by the Chief of Police before being put into service, and to impose a fee of$ for such examination. 9) Section : Eliminates the requirement that the Chief of Police approve color schemes for taxicabs; provides that each certificate holder shall have a uniform color scheme unique to that certificate, and no certificate holder shall operate a taxicab that has the same color scheme as a different certificate holder. These changes also eliminate the requirement for the Chief of Police to conduct periodic inspections of public vehicles and taximeters, after the initial examination, and to approve light locations, form, color and size. The prohibition against front seat passengers is also eliminated. Finally, the requirement that broken taximeters be reported to the police department is eliminated, as are the requirements for vehicle cleanliness, ventilation and efficient lighting. The taxicab owners are in agreement with the proposed changes. 2

3 Please advise if you have any questions or concerns. CJanery ours, L. Proctor City Attorney JLP: hvm Enclosures cc: James E. Baker, City Manager Kelvin L. Wright, Chief of Police 3

4 p C esa eake VIRGINIA MEMORANDUM Department of Police P.O. Box TO: VIA: FROM: James E. Baker, City Manager Robert N. Geis, Deputy City Mana er K. L. Wright, Chiefof Po ce4. DATE: September 16, 2016 SUBJECT: Taxi Ordinance Amendments With regard to the regulation of taxis in the City, the Police Department had submitted changes to the City Ordinances that would have removed our involvement, oversight, and regulation. This course of action was being sought, in large measure, because the state government moved to deregulate Transportation Network Companies ( TNC). It was our position that the regulation of taxis was no longer appropriate nor necessary. However at the June 28, 2016 City Council meeting, several of the taxi operators in Chesapeake expressed concerns about deregulation, and this matter was continued to allow both taxi operators and the Police Department members time to discuss mutual concerns. To that end, we have concluded that the best course of action would be to continue regulation of taxis, but not in its present form. Some of the prevailing ordinances are either unnecessary or duplicative of some other governmental regulatory entity, while others are business practices that would be best monitored or regulated by the industry. The most notable changes are summarized below: Removing the minimum age restriction for drivers o This should be considered an industry decision Changing the length of time a license is valid from one year to two years o We agreed that a one year permit was outdated and two years would be more in line with current practices in other jurisdictions Removing from the ordinance that passengers could not be seated in the front passenger seat o This is a practice best suited for the industry to determine Language regarding the review of criminal background checks was clarified as well as defining classes of criminal offenses which would prohibit persons from qualifying as taxi operator( s) These changes are for the protection of passengers o The adheres to the principles of equal employment opportunity This popsy extends to all programs and services supported by the City.'

5 Mr. Geis Page 2 September 16, 2016 Charging a fee for taxi vehicle inspection( s) o This is being proposed to offset the time and equipment used by Police Department personnel who inspect vehicles. The Department requests your approval ofthe proposed changes to the City ordinances regulating Taxis and Vehicles For Hire. KLW:kbg

6 AN ORDINANCE AMENDING CHAPTER 82 OF THE CHESAPEAKE CITY CODE, ENTITLED " VEHICLES FOR HIRE," ARTICLE II, VARIOUS SECTIONS THEREOF, TO PROVIDE AN EXEMPTION FOR TRANSPORTATION NETWORK COMPANIES AND TNC PARTNERS, WHICH ARE REGULATED BY THE COMMONWEALTH OF VIRGINIA; TO REQUIRE RATES TO BE POSTED IN A CONSPICUOUS PLACE INSIDE EACH PUBLIC VEHICLE; TO ADD A DEFINITION FOR " OPERATOR" AND CHANGE THE TERM " DRIVER" TO OPERATOR" IN CERTAIN SECTIONS; TO PROVIDE THAT CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY SHALL REMAIN VALID UNLESS SUSPENDED OR REVOKED; TO ELIMINATE CERTAIN ELIGIBILITY REQUIREMENTS FOR A PUBLIC VEHICLE DRIVER' S LICENSE AND PROVIDE FOR DISQUALIFICATION BASED ON CERTAIN CONVICTIONS; TO INCREASE THE FEE FOR A PUBLIC VEHICLE DRIVER' S LICENSE FROM $20.00 TO $50.00 AND TO LENGTHEN ITS PERIOD OF VALIDITY FROM ONE YEAR TO TWO YEARS; TO PROVIDE THAT THE CHIEF OF POLICE SHALL CONDUCT AN EXAMINATION OF AN AUTOMOBILE TO BE USED AS A PUBLIC VEHICLE BEFORE IT IS PLACED IN INITIAL SERVICE AND TO ELIMINATE THE REQUIREMENT OF PERIODIC EXAMINATIONS; TO PROVIDE FOR A FEE OF FOR SUCH VEHICLE EXAMINATION; TO PROVIDE THAT NO HOLDER OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY SHALL ALLOW A VEHICLE TO BE OPERATED AS A TAXICAB WITH A COLOR SCHEME THAT IS IDENTICAL TO THE COLOR SCHEME OF A DIFFERENT CERTIFICATE HOLDER; AND TO ELIMINATE THE PROHIBITION ON ALLOWING PASSENGERS TO RIDE IN THE FRONT SEAT OF PUBLIC VEHICLES. BE IT ORDAINED by the Council of the, Virginia, that Chapter 82 of the Chesapeake City Code, entitled" Vehicles for Hire," Article II, various sections thereof, are hereby amended and reordained as follows: CHAPTER 82. VEHICLES FOR HIRE ARTICLE II. -TAXICABS, FOR- HIRE AUTOMOBILES AND PUBLIC VEHICLES DIVISION 1. GENERALLY Sec Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a City Attorney' s Office different meaning:

7 Chief ofpolice means the chief of police or designated representative. City manager means the city manager or designated representative. For-hire automobile means any motor vehicle which would be a taxicab, as described except that it is not equipped with a taximeter. Owner includes the purchaser of any vehicle under a reserve title contract. Operator means the person actually driving a motor vehicle regulated by this chapter. Public vehicles means taxicabs and for-hire automobiles. Taxicab means any motor vehicle: 1) Having a seating capacity of not more than six passengers; and 2) Not operating on a regular route or between fixed terminals; and 3) Used in the transportation of passengers for hire or for compensation; and 4) For which a certificate of public convenience and necessity has been obtained as required by this article or which is being operated pursuant to a contract as set out in subsection 82-61( b)( 2); and 5) Which is equipped with a taximeter. Motorbuses operating on fixed routes, specially chartered buses, sightseeing buses, and forhire automobiles, and TNC partner vehicles are exeepted excluded from the definition of taxicab. Taximeter means any mechanical instrument or device by which the charge for hire of a public vehicle is mechanically calculated and on which such charge is plainly indicated. City Attorneys Office 2

8 TNC partner means a person authorized by a transportation network company to use a TNC partner vehicle to provide prearranged rides on an intrastate basis in the Commonwealth of Virginia. TNC partner vehicle means apersonal vehicle authorized by a transportation network company and used by a TNC partner to provide prearranged rides on an intrastate basis in the Commonwealth of Virginia. Transportation network company means a person who provides prearranged rides using a digital platform that connects passengers with TNC partners. Sec Compliance. a) The operation of public vehicles within the city shall be subject to the conditions, regulations and restrictions set forth in this article. b) It shall be unlawful to operate or cause to be operated in the city any public vehicles unless a certificate of public convenience and necessity and a license therefor have been issued to the owner thereof, and unless the conditions, regulations and restrictions prescribed in this article are complied with. c) The operation of public vehicles which have permits to operate as emergency medical service vehicles as required by Code of Virginia, X et seq., are specifically exempted from such requirements. Transportation network companies and TNC partners are exempted from regulation as public vehicles under this chapter. Notwithstanding this exemption, business license and other applicable legal requirements shall apply to such entities. City Attorneys Office 3

9 Sec Rules and regulations of chief of police. The chief of police is authorized and directed to make and enforce such rules and regulations, not in conflict with the provisions of state law or any provisions of this Code or other ordinance of the city, as the chief of police may deem proper to regulate the operation of vehicles covered in this article. Notice of such additional rules and regulations that the chief of police may promulgate shall be sent to the owner by certified mail mailed to the address listed by the owner on the application for certificate of public convenience and necessity-01sper section Such rules and regulations shall become effective ten days aftere the mailing of the certified letter. Sec Insurance required. Public vehicles shall not be operated or any license issued therefor until the owner has filed with the state department of motor vehicles, for each vehicle operated, a liability insurance policy of some liability insurance company authorized to do business in this state, providing for such amounts as are required by the state department of motor vehicles for vehicles for hire, and until the owner , :, sueh- peliey- has-been-filed-w' F files the accord page of such policy with the city clerk. Sec Approval of bond or insurance policy. The accord page of the insurance policy or certificate provided for in section 82-29, or the bond provided for in section shall be approved by the city attorney. Sec Cancellation or lapse of bond or insurance policy. A policy of insurance or bond filed under this article shall contain a clause obligating City Attorneys Office the company issuing the insurance or bond to give not less than 20 days' notice in writing to 4

10 the city manager before cancellation thereof. The certificate of public convenience and necessity and license for the operation of such public vehicle shall expire become invalid upon the lapse or termination of the policy or bond, subject to reinstatement upon compliance with the provisions of this article, but such cancellation shall not relieve the insurance or guaranty company of liability for any injury or damage happening before such cancellation becomes effective. Sec Records; owner' s and driver''s operator' s manifests. a) For the purposes of this section, the word " trip" means the entire time and distance that one person or more than one person, when two or more persons are traveling together, has engaged the services of a taxicab beginning with the actual commencement of such service, including waiting time, and ending when such service has been terminated and the fare has been paid. b) Every person owning one or more public vehicles shall keep and maintain inthe-6.p/ a manifest or record, written in ink or indelible pencil or electronically, showing for each day the following: 1) The number of public vehicles operated; and 2) The driver operator of each public vehicle; and 3) Each trip made by each public vehicle; and 4) The amount charged therefor; and 5) Such other information as may be required. c) Every person dig operating a public vehicle shall keep and maintain a City Attorney' s Office manifest or record, written in ink or indelible pencil or electronically, in a form 5

11 preseribed e-po}iee-department, showing for each day each trip made by such driver operator, the amount charged therefor and such other information as may be required. Such manifest or written record of each trip shall be completed immediately after the termination of such trip and prior to the commencement of another trip. d) The ma - All books, manifests and records referred to in subsections (b) and ( c) of this section shall be preserved for at least 12 months_ and shall be available fr inspec Sec Posting of information; display of rates on outside of vehicle. There shall be posted in a conspicuous place inside each public vehicle the certificate of public convenience and necessity issued for such vehicle; the operator' s permit, name and photograph; the rates charged; and a card or other display, printed in legible type, showing that a receipt will be given for the fare paid, if requested. There shall also be displayed on the outside surface of each taxicab, :... -, '. the rates of fare prescribed to be charged for the use thereof. Sec Designation and assignment of stands; solicitation of patronage; leaving vehicle unattended on stand. a) The city manager or duly authorized representative shall, upon application therefor, designate and assign or cause to be designated and assigned stands for City Attorney' s Office taxicabs at such places within the city as in the city manager' s judgment will 6

12 best serve the convenience and necessity of the public, and not more than two such vehicles shall be allowed on any one stand at any one time, unless, in the opinion of the city manager or duly authorized representative, the public convenience and necessity shall justify a greater number. The application shall be in writing and shall state the location of the stand and the number of vehicles which the applicant desires to occupy the stand. b) Public vehicles shall not be permitted to stand waiting employment or cruise seeking employment nor shall any person solicit by word, signal or otherwise patronage for such vehicles on any public street or public property other than that so designated or assigned for that purpose. No person shall be permitted to solicit passengers for such vehicles, except within five feet from the vehicle, nor in such manner as to interfere with the passing public. c) No person operator shall leave his vehicle unattended on a stand. Sec Use of shortest practicable route. The driver operator of every public vehicle shall operate the public vehicle over the shortest practicable route from the place of the beginning of the trip to the place of destination, unless otherwise requested by the passenger. onfro- Passenger- riding- ` t. No dr e o F., 7 sunfis ti. o.. e«the o dv«v p City Attorneys Office 7

13 Sec Limitation on number of passengers transported in taxicabs. The driver operator of every p taxicab shall permit only five passengers in five- passenger vehicles and seven six passengers in six-passenger vehicles. Under no circumstances shall more than seven persons, including the operator, ride in a taxicab at any time. Sec Identification light for taxicabs. Whenever any taxicab is engaged, there shall be conspicuously displayed an identification light connected to the meter, which shall show light when the meter is in operation_, '= f olerand. e ^ ssha. - - Sec Compliance with traffic regulations. All operators of public vehicles shall comply with all traffic regulations of the city. Sec Disposition of property left in vehicles. The persen-in charge operator of any public vehicle shall carefully preserve any money or other property left in such vehicle by any passenger. The money or property shall be promptly deposited with the owner of such vehicle, who shall keep the money or property at some convenient point within the-cit, where the money or property may be called for by the owner of the money or property When such money or property shall have been identified and the ownership established, the money or property shall be promptly delved made available to such owner. Any property, whether money or other thing, which shall not be called for within 60 days shall be disposed of City Attorneys Office according to law. 8

14 Sec Telephone eonneetions numbers required for owners and-operator-s. The owners and-epee of all public vehicles shall have properly listed telephone eenneetiens numbers where they can be reached at all times. Sec Maintenance of adequate and efficient public service. Adequate and efficient public service shall at all times be maintained by the holders of certificates of public convenience and necessity issued as provided in this article. Sec Maximum work hours for drivers operators. It shall be unlawful for any dries operator of a public vehicle, while on duty, to drive operate a public vehicle in the city for more than 13 hours in any period of 24 hours or for a period which, when added to the time such driver operator may have driven a public vehicle in any other city, would make an aggregate of more than 13 hours in any period of 24 hours. For the purposes of this section, the term" drive operate" shall not be limited to such time as the vehicle is in motion or such time as it is engaged by a customer, but shall include the entire time that such vehicle is checked out to such driver operator. Sec Violations. Every Anv owner or operator of a motor vehicle used as a public vehicle on any highway, street, road, lane or alley in this city who violates this article shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $ for the first offense and not more than$ for each subsequent offense. City Attorneys Office 9

15 DIVISION 2. - CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Sec Required; application; examination; duration. a) No license for the operation of a public vehicle shall be issued until the city council has issued to the owner of such vehicle a certificate of public convenience and necessity. b) No public vehicle shall be operated on the streets of the city unless: 1) A certificate of public convenience and necessity has been issued as provided in subsection( a); or 2) The public vehicle is being operated pursuant to a contract either with a government agency or for the purpose of transporting a passenger or passengers to or from a health care provider for the purpose of receiving medical attention. A copy of the contract or trip order shall be kept in the vehicle at all times either in paper format or displayed by a wireless text dispatching device. c) Any vehicle being operated pursuant to subsection( b)( 2) shall comply with all provisions of article II, division 1 of this chapter. d) Application for a certificate of public convenience and necessity shall be made by the owner or proposed owner of the public vehicle to the chief of police upon forms provided therefor by the city. The applicant shall furnish the following information under the oath of the applicant: 1) The full name, date of birth, social security number and the home and business address of the applicant. City Attorney's Office 757) Fax:( 757)

16 2) The trade name under which the applicant does or proposes to do business. 3) The number of vehicles and, for each such vehicle, information as to the make, model, condition and seating capacity. 4) The character and location of the depots and terminals to be used, if any. 5) A complete listing of -. : :.- ' : -. information relating to the qualifications and experience of the applicant in the transportation of passengers for hire. 6) Each conviction or plea of guilty for the violation of any criminal law, whether such violation is of a city ordinance, state law or federal law. e e) The chief of police shall provide, a copy of the applicant' s completed application to the city manager. The city manager shall make a recommendation to the city council as to the issuance of the certificate. g f) All existing certificates that were issued after June 30, 1990, and are still valid as of February 25, 1997, shall continue to be valid until suspended or revoked in accordance with the provisions of this article, except as set forth in subsection( h g) of this section. li g) All certificates issued after February 25, 1997, shall be remain valid for one year from City Attorneys Office unless suspended or revoked Fax:( 757)

17 die net violated i h) All information provided for either the initial application for a certificate of public convenience and necessity, or o ewa' of same, shall be given under oath. Any false information given in connection with the foregoing shall be grounds for the immediate suspension of such certificate, and such certificate shall be subject to revocation as set forth in this chapter. Further, the individual who made oath to such false information shall be forever barred from receiving a certificate of public convenience and necessity. G i) A certificate of public convenience and necessity shall only be issued to individuals possessing a physical business address located with the boundaries of the city. Certificates of public convenience and necessity shall be valid only as set forth in this article, and valid for only as long as the individual maintains a valid city business license and a physical business address located within the boundaries of the city. Sec Conditions of issuance. a) Each public vehicle certificate of public convenience and necessity shall be issued subject to the following conditions: City Attorney' s Office 12

18 1) The taxicab or for-hire automobile for which it is issued shall be used only by the person to whom a certificate is issued, his or her bona fide employee, or his or her authorized lessee; and 2) Except as noted in subsection( a)( 1) above, such taxicab or for-hire automobile shall not be loaned, rented, assigned or transferred to any person to operate as such; and 3) If such vehicle is used contrary to any of such conditions or if nonuse of such vehicle occurs for a period of three months consecutively, the city manager may, after giving the person to whom such certificate is issued an opportunity to be heard, revoke the certificate therefor. b) No certificate of public convenience and necessity shall be granted under this division where the applicant: 1) Is under 21 years of age; or 2) Is determined to be unfit to operate a public vehicle on the basis of the application submitted., : section 87 6 t. 3) Ha been a re: : :. : laws-and-erdi. Sec Grounds for revocation, suspension. a) Any certificate of public convenience and necessity issued under this division may be suspended by the city manager for a period of 90 days for any of the following grounds: City Attorney' s Office 13

19 1) Failure to operate a public vehicle as specified in the certificate or permit. 2) fepair,' 3.2) Failure to pay the personal property tax, license tax or other fees or taxes due to the city or to the state. 4) Failure to maintain insurance as required by law. 4) Failure to report any accident required by state law. 6 5) Hiring or allowing to operate a vehicle any driver operator whose Virginia driver operator' s license or whose taxicab driver' s license has been revoked. 7 6) Hiring or allowing to operate a vehicle any dry operator who has been-eenvieted convictions. -,., -.. substance proscribed by section ) Using and knowingly permitting the use of a public vehicle for the illegal sale or purchase of alcoholic beverages or narcotics, dangerous drugs or controlled substances. 9 8) Knowingly permitting the use of a public vehicle for prostitution, soliciting or pandering_ : City Attorneys Office 14

20 4-0 9) Willful or continued failure to comply with the provisions of this article or any other law or ordinance regulating the operation of public vehicles and taxicabs within the city ) Failure to have each public vehicle in operation a minimum of 30 days per calendar quarter ) Failure to maintain a valid city business license ) Failure to maintain a physical business address located within the boundaries of the city. 14) vehicle. IS 13) Providing false information in the initial request for a certificate of public convenience and necessity, : ' same: b) Upon failure of the owner or operator to comply with the grounds enumerated in subsection( a) of this section or any administrative requirements of this article within 90 days from the suspension of the certificate of public convenience and necessity, the certificate of public convenience and necessity shall be revoked. Sec Notice of suspension, revocation. a) The city manager may suspend or revoke the certificate of public convenience and necessity for violation of section after notice is given to the certificate holder. Notice shall be sent to the certificate holder by certified mail City Attorney' s Office at the address listed on the application for the certificate. The notice shall state 15

21 that a hearing may be held on the issue within ten days of the mailing of the letter or as soon thereafter as is reasonably possible, if the certificate holder notifies the city manager of this request in writing within the ten-day period. If no such request is made, the city manager may suspend or revoke the certificate of public convenience and necessity without a hearing. Notice of such suspension or revocation shall be sent by certified mail to the certificate holder at the same address. b) If the city manager deems it to be in the best interests of the public health, safety or welfare, the city manager may suspend the certificate of public convenience and necessity pending the outcome of the hearing provided for in subsection ( a) of this section for a period not to exceed 20 days. DIVISION 3. DRIVER' S LICENSE Sec Required. No person shall dfive-of operate a public vehicle within the city unless such person shall have obtained a special license to be known as a public vehicle driver' s license, which license shall be in addition to any other license or fees required of such person. Sec Application. a) The application for a public vehicle driver' s license shall be in writing, sworn to and presented to the chief of police, and shall state the following information regarding the applicant: 1) The full name; 2) Residence, places of residence for the last five years previous to City Attorneys Office moving to the applicant' s present address; 16

22 3) Age; 4) Height; 5) Color of eyes and hair; 6) Sex, place of birth; 7) Placess e ) Whether or not the applicant is a citizen of the United States; 44 8) Whether or not the applicant has previously been employed or licensed as a driver or chauffeur and, if so, whether the applicant' s license has been suspended, revoked or refused and for what cause; 4-2 9) Whether or not the applicant has been convicted of the violation of any state or municipal law; and 13) and 44j) Any other information required by the chief of police. b) The application and any exhibits shall be kept by the chief of police as a permanent record. c) Any false statement made in any application or affidavit filed under this section shall be promptly reported to the commonwealth attorney. City Attorney' s Office 17

23 Sec Investigation; qualifications of applicant; fee; photographs of applicant; issuance; posting in vehicle. a) The chief of police shall make an investigation, including such examinations and hearings as he or she may deem proper, touching the qualifications and fitness of the applicant for a license to operate a public vehicle. The chief of police shall, upon payment of a fee of$ , issue to the applicant a public vehicle driver' s license if he or she is satisfied that the applicant is: 1) Of the age of 18 years or more; 2) e 24 o-r-:: : : ' -. 4) liquors or drugs; 5 2) e. s _ In possession of a valid operator' s license; and X) Has never been convicted of a violent felony; L.1 Has not, within the last 10 years, been convicted of a non-violent felony; LZ Has not, within the last 10 years, been convicted of driving under the influence of drugs or alcohol; and City Attorney's Office 18

24 Has not, within the last 5 years, been convicted of any violent Class 1 misdemeanor. b) Before such public vehicle driver' s license is issued, the applicant shall submit to the chief of police the following: ( i) two photographs of the applicant shall be taken, one of which shall be filed by the chief of police and the other of which shall be attached to the license when issued, so that it cannot be removed and another photograph substituted without detection; ( ii) the applicant' s criminal history; and( iii) a certified copy of the applicant' s current driver' s abstract from the Virginia Division of Motor Vehicles, which must be current at the time of the applicant' s submission of the public vehicle driver' s license application. The chief of police shall review the applicant' s criminal history and driver' s abstract to determine whether or not the applicant has been convicted of any of the disqualifying offenses set forth in this section c) Each licensed driver operator of apublic vehicle shall keep posted his or her public vehicle driver' s license and photograph on the back of the front seat of the vehicle being driven operated so as to be plainly visible to the occupants of the rear of such vehicle. e d) If the chief of police is not satisfied as to the qualifications and fitness of the applicant to operate a public vehicle, he or she shall refuse to issue such public City Attorney' s Office vehicle driver' s license. 19

25 f e) The fees prescribed by this section shall be collected by the chief of police and after collection be paid to the city treasurer and shall be used for the purpose of defraying the costs and expenses incident to the administration of the provisions of this article. Such fees shall be in addition to any city license tax imposed upon such applicant. Sec Form; erasure of record; term; renewal; duplicates or substitutes. a) The public vehicle driver' s license issued to the applicant under this division shall be in such form as the chief of police may prescribe and shall contain the photograph and signature of the licensee and blank spaces upon which records shall be made of the arrest of or may be made of complaints against such licensee and such other information as the chief of police may prescribe. No official record made upon such license shall be erased or obliterated. b) Such license shall be effective for one-year two years from the date it was issued, unless sooner suspended, revoked or canceled. c) Such license may be renewed from for successive two year to-year periods by the chief of police by appropriate endorsement thereon, upon the payment of a fee of$ therefor; provided, that the applicant of such renewal would, at the time thereof, be qualified under the provisions of this division to have issued to him or her an original public vehicle driver' s license. At the time of such renewal, two recent photographs of the applicant shall be used as provided for in cases of photographs filed with the original application for such license. City Attorney' s Office 757)

26 d) If any license issued under this division shall be lost or destroyed, the person entitled thereto may make application for and obtain a duplicate thereof upon furnishing information of such fact by affidavit or otherwise satisfactory to the chief of police and upon the payment of a fee of$20.00 for each such duplicate or substitute license. e) The fees prescribed by this section shall be collected by the chief of police and other authorized collectors and paid over to the city treasurer and shall be used for the purpose of defraying the costs and expenses incident to the administration of the provisions of this article. Such fees shall be in addition to any city license tax imposed upon such applicant. Sec Suspension and revocation. a) The chief of police may forthwith suspend or revoke the public vehicle driver' s license of any person upon receiving a record of the final conviction of such person of any of the following: 1) Any felony. 2) Driving a motor vehicle while under the influence of intoxicants or any narcotic, dangerous drug or controlled substance. 3) Petit larceny. 4) One charge conviction of reckless driving within the preceding 12 months, Two, or two or more charges convictions of moving violating violations under Code of Virginia, title 46.2, e- tele, all within the preceding 12 months. City Attorney' s Office 21

27 5) Violations Convictions of any state law or municipal ordinance relating to prostitution, illicit sexual intercourse or lewdness. 6) i ers, 6) Charging and collecting for any public vehicle service a sum in excess of the lawful rates therefor. S 7) Three charges convictions of violating any other provisions of this article, all within the preceding 12 months. 9 8) The accumulation of nine or more Virginia Department of Motor Vehicle demerit points against the applicant' s driver' s license. b) Any person who shall operate any motor vehicle while under the influence of alcohol, any narcotic, dangerous drug or controlled substance shall, upon proof thereof, have his or her public vehicle driver' s license revoked by the chief of police. Such revocation shall be mandatory. Notice of such revocation shall be sent to the licensee by certified mail to the address listed by the licensee when applying for the license. c) The chief of police may suspend or revoke the public vehicle driver' s license for violation as per subsection( a) of this section after notice is given to the licensee. Notice shall be sent by certified mail to the licensee at the address given by the licensee when applying for such license. Such notice shall state that a hearing may be held on the issue within ten days of the mailing of the letter or as soon thereafter as is reasonably possible, if the licensee notifies the City Attorneys Office chief 757) of police in writing within the ten- day period. If no such request is made, 22

28 the chief of police may suspend or revoke the license without a hearing. Notice of such suspension or revocation shall be sent by certified mail to the licensee at the same address. In addition, if the chief of police deems it to be in the best interest of the public health, safety or welfare, the chief of police may suspend the license pending the outcome of the hearing provided for, for a period not to exceed 20 days. d) For such revocation or suspension of such license, the badge-and license shall be forthwith surrendered to the chief of police within three days of the revocation or suspension. For suspension only, the badge-and license shall be restored to the driver at the expiration of the period of suspension. If a second suspension for the same cause or a third suspension for any cause occurs, the chief of police shall revoke the license. Each such suspension shall be noted on the license. e) No person whose license has been revoked shall again be issued a public vehicle driver' s license unless,. 4e e --, a new application for a public vehicle driver' s license has been submitted and approved in accordance with this division. f) Licensee shall provide the chief of police with written notice of violation of any of the offenses enumerated in subsection( a)( 1)-( 9) of this Ssection within two business days from the date of conviction. Failure of the licensee to provide said notice shall constitute automatic grounds for revocation of City Attorneys Office licensee' s public vehicle driver' s license. 23

29 Sec Grant of public vehicle driver' s license. No public vehicle driver' s license, as required by this division, shall be granted to any person operating any public vehicle, unless such person shall : have complied with all of the requirements as set forth in this chapter 8-2. DIVISION 4. RATES Sec Division of fares among passengers. a) When two or more passengers engage a public vehicle for transportation to the same destination, the charge shall be made as if the vehicle was hired by one passenger. b) When two or more passengers, not traveling together, engage a public vehicle for transportation to different destinations, the passenger first arriving at his or her destination shall pay in accordance with the meter charge. The operator shall set the meter for immediate operation for the next passenger, who shall pay the meter charge upon arrival at his or her destination. The same method shall be followed for each succeeding passenger. c) When two or more passengers, bona fide traveling together, engage a public vehicle for transportation to different destinations, the charge shall be made as if the vehicle was hired by one passenger for the last destination. Sec Receipts for fare paid. Upon request, a receipt shall be delivered to the person paying any fare for transportation by a public vehicle at the time of such payment. Such receipt shall be in legible City Attorneys Office type 757) or writing and shall contain the following: 24

30 1) The name of the owner of the vehicle; 2) The city license number; 3) The driver' s operator' s name; 4) All items for which charge is made; 5) The date; and 6) Total amount of the payment. Sec Prepayment of fares; obligation to transport passengers. Drivers Operators of public vehicles authorized to transport passengers from one point in the city to another point in the city may refuse employment, unless the legal fare, upon request, is prepaid. Unless previously engaged, drivers operators shall not otherwise refuse to carry an orderly person anywhere in the city for the legal fare and when asked in advance the amount of the fare, shall not state any fare in excess of the legal fare. No person shall be carried in a public vehicle without the consent of the person who first engaged the public vehicle. Sec Multiple fares. Drivers Operators of public vehicles authorized to transport passengers from one point in the city to another point in the city under contract with public mass transit may charge multiple fares. DIVISION 5. CONDITION OF VEHICLES Sec Examination and investigation of vehicles prior to operation. No automobile shall be placed in operation as a public vehicle until the automobile shall appear, to the satisfaction of the chief of police, City Attorney' s Office from such examination and investigation thereof as he or she may deem 25

31 necessary,.. that such automobile is in proper physical condition to be put into service. fib) As part of the examination conducted pursuant to subsection( a) of this section, the chief of police shall determine if the taximeter with which such vehicle is equipped is accurate. If any taximeter is found inaccurate, no vehicle equipped therewith shall be placed in operation as a public vehicle until the taximeter has been made accurate. Lc) The certificate holder or applicant shall pay a fee of$50 for the examination provided for in this section, which shall be collected by the chief of police and other authorized collectors and paid over to the city treasurer. Such fees shall be used for the purpose of defraying the costs and expenses incident to the administration of the provisions of this article. Such fees shall be in addition to any city license tax imposed upon such certificate holder or applicant. Sec Condition generally. All public vehicles and the equipment used in connection therewith shall at all times be kept in proper physical condition so as to render safe, adequate and proper public service_ tl ctcrs. I City Attorney' s Officea 4he, ol i- - - : -., ehiele - shall -., 6

32 Sec Accuracy and condition of taximeters. All taximeters shall be kept accurate and in proper condition and repair and sufficiently lighted so that the figures thereon shall be plainly visible to the passengers. serviee-fefthwith, Sec Color scheme. All taxicabs being operated under a single certificate of public convenience and necessity shall have a uniform color scheme unique to that certificate. No holder of a certificate of public convenience and necessity issued under this article whiele shall allow to be operated as a taxicab unless-the a vehicle with a color scheme : City Attorneys Office that 27 is

33 identical with the color scheme of a different certificate holder_,and aihsueh-eeler--- sehemes- ADOPTED by the Council of the City of, this day of APPROVED: Mayor ATTEST: Clerk of the Council City Attorneys Office g