Sec. 41-41. - Violation; penalty.
Sec. 41-42. - Business license required.
Sec. 41-45. - Responsibility of certificate holder for violations by taxicab drivers.
Sec. 41-46. - Use of the term "taxi," "taxicab," "cab," etc.
Sec. 41-47. - Unlawful to operate a taxicab in another manner.
Sec. 41-48. - State permit required for taxicab service.
As used in this article, the following words and phrases shall have the meanings attached to them as follows:
Applicant means a person who has applied for a certificate pursuant to the provisions of this article.
Certificate means the certificate of public convenience and necessity issued by the department to an applicant authorizing the transportation of passengers over the public streets of the city in a specific taxicab pursuant to the provisions of this article.
Certificate holder means a person who holds a certificate issued pursuant to the provisions of this article.
Chief of police means the chief of police of the city or his designee.
City means the City of Newport News, Virginia.
City Code means the Code of the City of Newport News, Virginia, as amended.
Commissioner of the revenue means the Commissioner of the Revenue for the city or his designee.
Commonwealth means the Commonwealth of Virginia.
Department or police department means the Newport News Police Department unless the language of a provision clearly indicates otherwise.
Law enforcement officer means a police officer, a special conservator of the peace, or any other person authorized by federal, state or local laws, rules or regulations to enforce federal, state or local laws, rules or regulations, including Newport News taxicab inspectors.
Manifest means a written document required by this article that shall be present in all taxicabs at all times indicating various information required therein.
Moving violation means a violation of law involving a motor vehicle which results in points being assessed against a person pursuant to the Virginia Uniform Demerit Point System.
Person means person, firm, proprietor, partnership, company, corporation or any other legal entity, unless the context of a provision of this article clearly indicates that the term "person" means only a human being.
Police officer means a sworn member of any county, city, town, police or sheriff's department; the Virginia State Police; or a federal law enforcement agency.
Public taxicab stand means a parking area for taxicabs on a public street or other public property which has been approved by the chief of police for use by taxicabs for the purpose of waiting for passengers.
State code means the Code of Virginia, 1950, as amended.
Taxicab means any motor vehicle having a seating capacity of not more than six (6) passengers, excluding the driver, not operating on a regular route or between fixed terminals, used in the transportation of passengers for hire or for compensation (regardless of whether the taximeter charge is paid by the passenger or a third party), and not a common carrier, restricted common carrier or a motor carrier as defined in the state code.
Taxicab driver means the person actually operating a taxicab.
Taxicab driver's permit or permit means a document issued by the chief of police pursuant to division 4 of this article which authorizes a person to operate a taxicab in the city.
Taxicab rate card means the document that is required to be conspicuously displayed inside a taxicab which indicates the rates of fare set by the city for the hire of taxicabs.
Taximeter means any instrument or device used in a taxicab by which the charge for hire of the taxicab is calculated mechanically or electronically and on which such charge is plainly indicated.
Street means any public highway, alley, avenue or other public way designed for vehicular travel in the city.
Virginia taxicab permit means a permit issued by the Virginia Department of Motor Vehicles to operate a taxi service on an intrastate basis on the public highways of the Commonwealth outside the jurisdictional limits of cities or towns.
(Ord. No. 6428-07, § 1; Ord. No. 6493-08, § 1)
Sec. 41-41. - Violation; penalty.
(a)
It shall be unlawful for any person to operate a vehicle as a taxicab in the city in violation of any provision of this article.
(b)
Except as otherwise specifically provided in this article, any person violating any provision of this article shall be guilty of a misdemeanor, and upon conviction thereof be fined not more than one hundred dollars ($100.00) for the first offense and not more than five hundred dollars ($500.00) for each subsequent offense for the same violation.
(c)
Except as otherwise specifically provided in this article, any person violating any provision of this article shall, in addition to the criminal penalties provided in this section, be subject to the suspension or revocation of his certificate or taxicab driver's permit as hereinafter provided.
(Ord. No. 6428-07, § 1)
Sec. 41-42. - Business license required.
Except as otherwise provided in section 41-44 of this chapter, it shall be unlawful for any person to operate a vehicle as a taxicab in the city without maintaining a current business license for such operation from the commissioner of the revenue.
(Ord. No. 6428-07, § 1)
(a)
It shall be unlawful for any person to operate a vehicle as a taxicab upon the streets of the city unless the taxicab is covered by a current policy of motor vehicle liability insurance issued by an insurance company authorized to do business in the Commonwealth in such amounts as are required in Title 46.2 of the state code for motor carriers. Such policy, or certificate evidencing the required coverage, shall contain a provision obligating the insurance company or agent to give at least thirty (30) days' written notice to the chief of police before cancellation of such policy.
(b)
A properly completed, current and executed certificate of insurance from an insurance company, or its agent, authorized to do business in the Commonwealth evidencing the required insurance coverage shall be provided the chief of police at all times the taxicab is available for operation. In lieu of a such a certificate, a current certificate of self-insurance issued by the Commissioner of the Virginia Department of Motor Vehicles shall satisfy the requirements of this section. Failure to provide or maintain with the chief of police evidence of current insurance or self-insurance coverage shall be cause for revocation of the certificate after reasonable notice to the certificate holder that a hearing for that purpose will be conducted by the chief of police.
(Ord. No. 6428-07, § 1)
(a)
Taxicab companies which do not have a certificate from Newport News and which maintain a business location in another locality in Virginia may drop off passengers in Newport News, if those passengers were picked up at a location in such other locality, without the necessity of obtaining a Newport News certificate for the company or a taxicab driver's permit for the driver (herein referred to as "reciprocity").
(b)
The reciprocity granted by this section to taxicab companies, and taxicab drivers, maintaining a business location in another locality in Virginia is specifically subject to proof that the following conditions have been met prior to entering the city with a passenger:
(1)
The Virginia Department of Motor Vehicles has issued a Virginia Taxicab Permit to the taxicab company authorizing it and the vehicle to operate in more than one (1) locality; and
(2)
A manifest is maintained in the taxicab that contains (i) entries that identify the date, time, and location of when and where the passenger was picked up; and (ii) the date, time, and location of the delivery of such passenger.
(3)
The taxicab is otherwise operated in accordance with the provisions of all other federal, state and local laws and regulations.
(Ord. No. 6428-07, § 1; Ord. No. 6851-12, § 1)
Sec. 41-45. - Responsibility of certificate holder for violations by taxicab drivers.
It shall be unlawful for a certificate holder to knowingly cause or permit a driver operating a taxicab to violate the provisions of this article.
(Ord. No. 6428-07, § 1)
Sec. 41-46. - Use of the term "taxi," "taxicab," "cab," etc.
It shall be unlawful for any person to use the term "taxi," "taxicab," "cab" or like term or derivation in advertising; or hold such person out as the operator, driver or owner of a taxicab unless such person shall have complied with the provisions of this article to the extent that it is applicable.
(Ord. No. 6428-07, § 1)
Sec. 41-47. - Unlawful to operate a taxicab in another manner.
It shall be unlawful for any person to use or operate a vehicle for which a certificate has been issued under the provisions of this article for any purpose other than as a taxicab. A taxicab owner or corporate representative may operate a taxicab to a repair facility or to the taxi inspector's office for purposes of repairs to or inspection of the taxicab.
(Ord. No. 6428-07, § 1; Ord. No. 6851-12, § 1)
Sec. 41-48. - State permit required for taxicab service.
It shall be unlawful for any taxicab or other motor vehicle performing a taxicab service to operate in the city on an intrastate basis without first obtaining from the Virginia Department of Motor Vehicles a permit in accordance with the provisions of Title 46.2 of the state code.
(Ord. No. 6428-07, § 1)
An advisory board composed of representatives of the city government, taxicab industry representatives and the general public is hereby created to review taxicab regulations and advise city council with regard to appropriate provisions of any ordinance pertaining to taxicabs. The advisory board shall be composed of the chief of police, or his designated representative, who shall be an ex-officio member with full voting powers. In addition, city council shall appoint three (3) representatives from the taxicab industry and one (1) citizen representative. Two (2) of the initial taxicab industry representatives shall be appointed for a one-year term commencing January 1, 2008, and ending December 31, 2008; the citizen representative and one (1) taxicab industry representative shall each be appointed for a two-year term commencing January 1, 2008, and ending December 31, 2010. Thereafter, all taxicab industry and citizen representatives shall be appointed for two-year terms.
(Ord. No. 6465-08; Ord. No. 6851-12, § 1)