*Charter reference – Authority of council to regulate taxicabs, § 11(15).
Cross reference – Motor vehicles and traffic, Title 10.
State law reference – Authority of city to regulate taxicabs and similar for-hire vehicles, Code of Virginia, § 46.1-353.
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[1].
"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)
[1]
Editor's Note: Certificate of Public Convenience and Necessity is included as an attachment to this title.
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)
Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 3 misdemeanor.
Cross reference – Penalty for Class 3 misdemeanor, SCC § 1.05.100.
(Code 1985 § 28-3)
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)
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)
(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)
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)
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.
Cross reference – Penalty for Class 4 misdemeanor, SCC § 1.05.100.
(Code 1964 § 27.1-20; Code 1985 § 28-12)
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)
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)
[1]
Editor's Note: Certificate of Public Convenience and Necessity is included as an attachment to this title.
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)
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]:
(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)
[1]
Editor's Note: Application by Owner for Certificate of Public Convenience and Necessity is included as an attachmement to this title.
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)
(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)
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)
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)
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)
(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[1].
[1]
Editor's Note: Application by Owner for Certificate of Public Convenience and Necessity and Certificate of Public Convenience and Necessity are included as attachments to this title.
(Code 1964 § 27.1-23; Code 1985 § 28-32)