Chapter 5.30 TAXICABS*

Unless it appears from the context that a different meaning is intended, the following words, when used in this chapter, shall have the meanings ascribed to them in this section:

“Certificate” shall mean the certificate of public convenience and necessity granted by the city manager to persons in the business of operating taxicabs, as provided for in this chapter.

“Driver” shall mean any person in charge of or driving any taxicab.

“Owner” shall mean any person having control of the operation or maintenance of taxicabs, including any person having control of the collection of revenue derived from the operation of taxicabs, and including the purchaser of any taxicab under a conditional sales contract or other title-reserving agreement.

“Taxicab” shall mean any motor-driven vehicle used for the transportation, for hire or reward, of passengers upon the streets of the city, except buses being operated under franchise or by the city and over fixed routes between fixed termini.

“Taximeter” shall mean and include any mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated and on which the charge is plainly indicated. (Code 1964, § 27.1-1; Code 1985, § 28-1).

5.30.020 Application of, and compliance with, chapter.

The operation of taxicabs in the city shall be subject to the conditions, regulations and restrictions set forth in this chapter and it shall be unlawful for any person to operate, or cause to be operated, within the city any taxicab, unless the conditions, regulations and restrictions herein set forth and prescribed have been complied with. (Code 1964, § 27.1-10; Code 1985, § 28-2).

5.30.030 Violations of chapter.

Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 3 misdemeanor. (Code 1985, § 28-3).

Cross reference – Penalty for Class 3 misdemeanor, SCC 1.05.100.

5.30.040 Council rules and regulations governing operation.

The council may, from time to time, by resolution, promulgate such rules and regulations applicable to the safe and efficient operation of taxicabs on the streets of the city as in its discretion are necessary for the public safety and convenience, which shall be in addition to the provisions of this chapter relating to the same. It shall be unlawful for any person to fail, neglect or refuse to comply with such regulations. (Code 1964, § 27.1-3; Code 1985, § 28-4).

5.30.050 Business license.

It shall be unlawful for any person to operate or cause to be operated within the city any taxicab, unless a license therefor has been issued to the owner thereof in accordance with the license tax ordinance of the city. The commissioner of revenue shall not issue such license, unless the owner has a current certificate issued under this chapter. (Code 1964, §§ 27.1-9, 27.1-11; Code 1985, § 28-5).

5.30.060 Liability insurance or bond.

(1) Every owner of any taxicab operated in the city shall file with the city manager and keep in full force and effect at all times a policy of insurance in accordance with the provisions of Section 56-299 et seq. of the Code of Virginia; or, in the event that no policy of insurance has been so filed, the owner of any taxicab operating in the city shall provide a surety bond, approved by the city attorney and with surety in the amount herein specified, conditioned on such owner responding in damages, or provide a cash bond in the amount herein specified, covering damages for any liability incurred on account of any injury to persons or damage to property resulting from the operation of such taxicabs in the following amounts: for injury to one person in any one accident, $100,000; for injury to two or more persons in any one accident, $300,000; for property damage in any one accident, $50,000.

(2) Surety or cash bonds shall be for or in the amount of at least $15,000 for each taxicab for which a certificate is issued under this chapter.

(3) If any such policy of insurance is canceled, the owner shall not operate or cause to be operated any vehicle covered by such policy until other insurance is obtained or surety or cash bond given.

(4) Each policy of insurance filed pursuant to this section shall contain a clause to the effect that the insurance carrier may cancel the policy upon 30 days’ written notice to the city clerk, as well as such other notice as may be required by law to be given the owner.

(5) If judgment is rendered against the owner or driver, or both, in any court of competent jurisdiction by reason of any accident for which the insurance policy or surety or cash bond is provided pursuant to this section, the owner shall, within 24 hours after the rendition of such judgment, whether appealed from or not, increase the total amount of insurance or the amount of the surety or cash bond so that there shall be kept in effect, in the manner contemplated by law and by this chapter, insurance or bond, upon which there has been no recovery, of not less than the minimum provided herein. (Code 1964, § 27.1-2; Code 1985, § 28-6).

5.30.070 Maintenance of vehicles.

Every taxicab shall be kept in good order and repair at all times when in operation. (Code 1964, § 27.1-6; Code 1985, § 28-7).

5.30.080 Identification of vehicles.

Every taxicab shall bear, on the outside and on at least two sides thereof, the name of the owner, in letters not less than two inches high and plainly visible at a distance of 100 feet, and on two sides and the back, the owner’s number, in letters three inches high and plainly visible at a distance of 100 feet. Operators shall be permitted, if they so desire, to maintain one unmarked taxicab for each four marked taxicabs, to be used for private charter trips. (Code 1964, § 27.1-7; Code 1985, § 28-8).

5.30.090 Radios capable of receiving police calls prohibited.

It shall be unlawful for any person to operate any taxicab along the streets of the city in which a radio is installed which is capable of receiving police calls. (Code 1964, § 27.1-8; Code 1985, § 28-9).

5.30.100 Driver to use shortest practical route.

The driver of a taxicab shall operate the same over the shortest practical route from the place of the beginning of the trip to the place of destination. (Code 1964, § 27.1-21; Code 1985, § 28-10).

5.30.110 Display of rates – Passenger to be informed of charge for waiting time.

Cards displaying the rates charged shall be posted in a prominent place in all taxicabs and the drivers of such vehicles shall, on each occasion when waiting time is charged, inform the passenger being charged the exact amount thereof. (Code 1964, § 27.1-22; Code 1985, § 28-11).

5.30.120 Refusal of passenger to pay fare.

It shall be unlawful for any person to engage a taxicab and, without previously making arrangements for credit, use the same and refuse to pay the lawful fare for such use. Any person violating this section shall be guilty of a Class 4 misdemeanor. (Code 1964, § 27.1-20; Code 1985, § 28-12).

Cross reference – Penalty for Class 4 misdemeanor, SCC 1.05.100.

5.30.130 Accident reports.

Every accident, however slight, in which any taxicab is involved shall be immediately reported to the police department. Such report shall not be used against the owner or driver making it in any criminal proceeding. Such report shall be available to any person, or his attorney, injured in such accident or by reason thereof. (Code 1964, § 27.1-4; Code 1985, § 28-13).

5.30.140 Records of calls.

Every taxicab owner shall keep a clear, neat record of the origin and destination of all calls and it shall be the duty of all drivers and employees of the owner to report such calls. Such records shall be open at all times to inspection by any member of the police department and shall be preserved for a period of not less than six months. No person shall knowingly make a record of a fictitious call or use any fictitious name in reporting a bona fide call, nor shall a fictitious or false address of the point of origin or destination be knowingly reported. (Code 1964, § 27.1-5; Code 1985, § 28-14).

Article II. Certificate of Public Convenience and Necessity

5.30.150 Required.

No person shall operate a taxicab on the streets of the city, unless the owner thereof has a current certificate of public convenience and necessity issued pursuant to this article and authorizing such operation. (Code 1964, § 27.1-11; Code 1985, § 28-25).

5.30.160 Application.

Application for a certificate required by this article shall be made by the owner or proposed owner to the city manager, upon forms provided therefor by the city, and shall furnish the following information under 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, as shown by a financial report for the preceding calendar year, audited by a certified public accountant.

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

(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.

(7) The specific experience of the applicant in the transportation of passengers for hire.

(8) All facts or circumstances upon which the applicant bases his belief that public convenience and necessity require the granting of his application. (Code 1964, § 27.1-12; Code 1985, § 28-26).

5.30.170 Determinations by city manager.

The city manager shall determine whether a certificate shall be issued for the operation of the taxicabs for which application has been filed under this article. 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 already in existence.

(2) The probable permanence and quality of the service offered by the applicant.

(3) The qualifications and responsibility of the applicant. (Code 1964, § 27.1-13; Code 1985, § 28-27).

5.30.180 Issuance or denial – Contents.

(1) The city manager shall have the authority to grant a certificate applied for under this article or to grant a certificate for a lesser number of vehicles than that specified in the application or to deny the application, in the exercise of sound discretion.

(2) Upon determination by the city manager that any application filed under this article shall be granted, a certificate shall be issued to the applicant by the city manager and shall contain the following:

(a) The name and address of the owner.

(b) The date of issuance and the date of expiration.

(c) The fact that the certificate is being issued subject to the provisions of this chapter and all other laws and ordinances governing the operation of taxicabs in the city. (Code 1964, §§ 27.1-14, 27.1-15; Code 1985, § 28-28).

5.30.190 Term.

Every certificate issued under this article shall be good and valid, unless revoked or suspended as provided in this article, from the date of issuance until the following December 31st. (Code 1964, § 27.1-16; Code 1985, § 28-29).

5.30.200 Application for renewal.

Application for renewal certificates similar to original applications under this article shall be filed with the city manager. (Code 1964, § 27.1-17; Code 1985, § 28-30).

5.30.210 Revocation or suspension.

The city manager may, for cause, revoke or suspend any certificate issued pursuant to this article after due notice to the certificate holder. (Code 1964, § 27.1-18; Code 1985, § 28-31).

5.30.220 Appeal from denial, revocation, etc.

(1) An applicant or a certificate holder whose certificate is denied, revoked, suspended or not renewed, who is aggrieved because of that decision by the city manager affecting his application or certificate, shall have the right to appeal the decision to the council, provided such person gives notice, in writing, to the city manager not less than 10 days following notification of the decision of the city manager. Upon receipt of such notice, the city manager shall cause a hearing to be scheduled, by placing the matter on the agenda of a regularly scheduled council meeting to occur within 45 days of the receipt of the notice of appeal. The appeal shall stay any revocation or suspension by the city manager of a certificate otherwise in effect. Notification of appeal shall not be deemed to renew an expired certificate or to issue any certificate not yet in effect.

(2) Notice shall be given by mail to the aggrieved party of the time and place of the hearing provided for in this section not less than 10 days prior to the hearing. The burden of establishing that the decision of the city manager was erroneous shall be upon the aggrieved party.

(3) On an appeal under this section, the decision of the council shall be by majority vote of those members present, in the exercise of sound discretion and after taking into consideration the factors prescribed by this chapter. (Code 1964, § 27.1-23; Code 1985, § 28-32).

CITY OF STAUNTON, VIRGINIA

Application by Owner for Certificate of Public Convenience and Necessity

To the Council of the city of Staunton, Virginia:

The undersigned owner and applicant hereby furnishes the following information under oath and hereby applies to the Council of the City of Staunton, Virginia, for a Certificate of Public Convenience and Necessity for the operation and maintenance of public vehicles, taxicabs and for hire cars, along and over the public streets and highways in said City for the transportation of passengers for hire and reward:

(1) Full name of applicant

(2) Home address of applicant

(3) Business address of applicant

(4) Trade name under which applicant does business

(5) Assets $

Liabilities $

Net Worth $

Financial ability and responsibility of applicant (state gross assets and gross liabilities).

(6) Name and address of any person lending money or furnishing capital to applicant
where operation is financed wholly or in part by means of borrowed money or
capital in any form furnished by any person other than the owner.

(7) Number of vehicles Seating capacity

Kind of vehicles

Design and color scheme of each vehicle

(8) Character and location of depots and terminals

(9) Each conviction or plea of guilty for violation of any criminal law, whether City, State or Federal

(10) Specific experiences of application in the transportation of passengers for hire:

(11) State facts and circumstances upon which applicant bases his belief that public convenience and necessity require the granting of his/her application:

____________________________________

Individual

Partners, trading as

President

Attest:

______________________________________

Secretary

STATE OF VIRGINIA

CITY OF STAUNTON, TO-WIT:

I, the undersigned Notary Public in and for the City of Staunton, in the State of Virginia, do hereby certify that __________________________________, whose name is signed to the foregoing application, bearing date on the _____________day of _______________________, _____, personally appeared before me and made oath that the information furnished therein is true and correct, except as to matters stated upon information and belief and as to those believes it to be true and correct.

Given under my hand this ____________ day of ___________________, _____.

Notary Public

My Commission Expires: ________________________

CITY OF STAUNTON, VIRGINIA

THIS IS TO CERTIFY THAT

_____________________________________________________________________________________

is hereby granted a certificate of public convenience and necessity for the operation and maintenance of the public vehicles, taxicabs and for hire cars hereinafter designated, along and upon the streets and highways of the City of Staunton, Virginia, in accordance with the ordinances and resolutions of the Council of said City:

Name of Owner Address of Owner

Number, kind and description of vehicles the operation of which is authorized hereby:


YEAR	MAKE	MOTOR NUMBER	YEAR	MAKE	MOTOR NUMBER

Date of issuance:

Date of expiration:

This certificate is issued subject to the provisions of the ordinances of the City of Staunton regulating the operation of public vehicles, taxicabs and for hire cabs and all amendments thereto, as well as subject to all other laws or ordinances governing said operation within said City.

Clerk of Council