Sec. 20-31. - Permit required.

No person shall drive any taxicab or limousine franchised by the town unless that person shall have first applied for and secured a driver's permit from the town manager. An identification card shall be issued as evidence of the permit. The card shall be approximately two-and-one-fourth (2¼) inches by three-and-one-half (3½) inches in size and shall contain the name of the permit holder, a picture (to be furnished by the town) of the permit holder, and the date that the permit expires, the date that the permit was issued, the permit number, and the signature of the driver. The permit shall also bear the name and signature of the person appointed by the town manager to issue the permit.

Each driver, while on duty, shall insert the drivers permit into a metal card frame or equivalent holder satisfactory to the town permanently mounted in the taxicab or limousine that is being driven so that the name of the driver will be clearly visible. The frame shall be covered by clear plexiglass or plastic to protect the contents of the frame.

(Ord. No. 86-5-12/O-2, § 1)

Sec. 20-32. - Permit application; issuance.

Each application for a permit or renewal of a permit to drive a taxicab or limousine shall be in writing and signed and sworn to by the applicant, and shall contain the following information:

(a)

The full name, date of birth, and address of the applicant;

(b)

His or her full personal description, including height, weight, race, color of eyes, complexion, color of hair, body and facial marks, if any;

(c)

The applicant's previous experience in driving taxicabs or limousines;

(d)

The applicant's complete record of criminal and traffic citations (including violations and infractions), arrests, and convictions;

(e)

The number and date of issuance of the applicant's North Carolina driver's license and driver's license issued in other states within the last five (5) years, if any.

Every application for a driver's permit shall be accompanied by a medical examination report completed by a licensed physician certifying that, after examination, such applicant does not have any disability or condition which would materially impair the applicant's ability to drive a taxicab or limousine in a safe manner.

It shall be unlawful for any applicant knowingly to make a false statement or knowingly to give false information on his or her application for a driver's permit. The permit shall be subject to invalidation for false information given by an applicant in applying for a driver's permit. An application fee may be collected by the town in accord with a uniform, duly authorized policy.

The town manager shall issue a driver's permit if the manager determines that the applicant is qualified to drive under the provisions of this chapter.

(Ord. No. 86-5-12/O-2, § 1)

Sec. 20-33. - Reserved.

Sec. 20-34. - Examination and investigation.

Each applicant for a new or renewed taxicab or license driver's permit may be examined orally, in writing, or both, by the town manager as to the applicant's knowledge of the relevant provisions of this chapter, the traffic regulations of the state and the town, and the geography of the town as related to providing taxicab or limousine service.

It shall be the duty of the town manager to cause a thorough investigation to be made of each applicant for a new or renewed taxicab or limousine driver's permit to determine:

(a)

Whether or not the information stated in the original application is true;

(b)

Whether or not the applicant meets the standards herein;

(c)

Whether, as to the particular applicant, there is any basis for refusing to grant or renew a driver's permit as prescribed herein.

(Ord. No. 86-5-12/O-2, § 1)

Secs. 20-35—20-37. - Reserved.

Editor's note—

Ord. No. 89-4-10/O-2, § 3, adopted April 10, 1989, repealed §§ 20-35—20-37, which pertained to point system, effect of accumulation of points and removal of points, and derived from Ord. No. 86-5-12/O-2, § 1.

Sec. 20-38. - Refusal to issue a permit; grounds for suspension, revocation.

Upon consideration of the applications and the reports attached thereto, the manager shall either approve or reject the application. The manager shall refuse to grant or renew the taxicab and limousine driver's permit for any applicant or driver:

(a)

Who does not possess a valid driver's license or privilege issued to the applicant by the State of North Carolina; provided, however, that if a driver has been convicted of driving while impaired, said driver's taxicab permit shall not be reinstated by the town until such time as the driver has completed a substance abuse treatment program or alcohol and drug education school approved by the town manager. If a driver is required by the terms of a court-ordered sentence to complete such a program or school, such completion of that program or school shall constitute compliance with this provision.

(b)

Who has been determined by a physician that due to a physical or mental condition, including but not limited to habitual use of, dependence on, or addition to, drugs or alcohol, is such that it would be unsafe to passengers or to the public generally for such a person to drive a taxicab or limousine;

(c)

Who is unable to read, write or speak English;

(d)

Who knowingly has made a false statement or knowingly has given false information on the application for a taxicab or limousine driver's permit or in providing supplemental information requested by the town;

(e)

Who has been convicted of or has entered a prayer for judgment continued to a crime involving the driving of an automobile resulting in death within a five-year period immediately before the date of application;

(f)

Who has been convicted of or has entered a prayer for judgement continued to driving a motor vehicle while impaired within a three-year period immediately before the date of application, and such offense occurred while the person was operating a taxicab or other commercial vehicle designed to transport members of the public.

(g)

Who has accumulated a sufficient number of points against his or her driving record under the schedule in Chapter 20 of the General Statutes of North Carolina to justify the suspension or revocation of a State driver's license;

(h)

Who has ever been convicted of or has entered a prayer for judgement continued to murder, manslaughter, rape, sexual assault, sexual abuse, sexual offense, armed robbery, kidnapping or abduction.

After the town's refusal to issue or to renew a driver's permit for (b) and (d), and after any subsequent appeal, the applicant or driver shall make no new application within twelve (12) months from the date the original or renewal application was submitted.

(Ord. No. 86-5-12/O-2, § 1; Ord. No. 89-4-10/O-2, § 4; Ord. No. 89-5-22/O-5, § 1; Ord. No. 93-1-11/O-1 § 1)

Sec. 20-39. - Expiration and renewal.

All driver's permits shall expire at midnight on the last day of the month four (4) years from the month of issuance. Renewal applications should be submitted at least thirty (30) days before the expiration date shown on the permit.

(Ord. No. 86-5-12/O-2, § 1)

Sec. 20-40. - Terms of suspension, revocation.

The manager shall revoke a driver's permit for any reason for which the manager shall refuse to issue or renew such a permit. If a driver's permit is revoked, his or her right to apply for another permit shall be suspended as follows:

(a)

Until a valid driver's license or privilege is issued or reinstated by the State of North Carolina, provided, however that if a driver has been convicted of driving while impaired, said driver's taxicab permit shall not be reinstated by the town until such time as the driver has completed a substance abuse treatment program or alcohol and drug education school approved by the town manager. If a driver is required by the terms of a court-ordered sentence to complete such a program or school, completion of that program shall constitute compliance with this provision.

(b)

For five (5) years following the conviction of or prayer for judgment continued for a crime involving an automobile which resulted in death.

(c)

For three (3) years following the conviction of or prayer for judgment continued for driving while impaired if such offense occurred while the person was operating a taxicab or other commercial vehicle designed to transport members of the public.

(d)

Permanently revoked for the conviction of or prayer for judgment continued for murder, manslaughter, rape, sexual assault, sexual abuse, sexual offense, armed robbery, kidnapping or abduction.

(Ord. No. 86-5-12/O-2, § 1; Ord. No. 89-4-10/O-2, § 5; Ord. No. 93-1-11/O-1, § 2)

Sec. 20-41. - Procedure for suspension, revocation.

No driver's permit shall be suspended or revoked unless and until at least thirty (30) days written notice of the time and place of a hearing shall be given to the holder of such permit and such hearing by and before the town manager is duly held. The notice shall specify the ground for such suspension or revocation and the driver shall have the opportunity to appear at the hearing and to present evidence.

(Ord. No. 86-5-12/O-2, § 1)

Sec. 20-42. - Appeal from actions taken by the town manager.

(a)

If the town manager refuses to grant or renew or suspends or revokes a taxicab or limousine driver's permit, the applicant may appeal, in writing, within ten (10) days to the town council. The notice of appeal shall be filed with the town clerk.

(b)

If an applicant or driver fails to appeal within ten (10) days of the manager's decision, such decision shall be final.

(Ord. No. 86-5-12/O-2, § 1)

Sec. 20-43. - Surrender or loss of driver's permit.

A driver's permit which has been suspended or revoked shall be immediately thereafter surrendered to the town manager.

If the holder of a driver's permit has lost, destroyed, or mutilated his or her permit, the holder shall immediately report such facts to the town manager, who shall issue a duplicate driver's permit. A fee in accord with a duly adopted policy may be collected by the town manager for each duplicate permit issued.

(Ord. No. 86-5-12/O-2, § 1)

Sec. 20-44. - Drivers to comply with chapter.

All persons driving shall adhere to and at all times conform to the requirements of this chapter.

(Ord. No. 86-5-12/O-2, § 1)

Sec. 20-45. - Responsibility of owner for driver's performance under this chapter.

It shall be unlawful for any owner or operator of any taxicab or limousine to knowingly permit or cause to be driven or operated within the town any such taxicab or limousine by any driver who has not complied with or who violates any of the ordinances of the town relating to such a driver.

(Ord. No. 86-5-12/O-2, § 1)

Secs. 20-46—20-56. - Reserved.