Sec. 20-3. - Compliance with chapter required.
Sec. 20-4. - Appeals under chapter.
Sec. 20-5. - Prohibition on possession of weapons in taxis and limousines.
The town council finds that:
(a)
The town should franchise taxicab and limousine service in order to promote the public safety and welfare;
(b)
The North Carolina General Statutes authorize the town to regulate taxicab and limousine service;
(c)
An adequate, rational transportation system, both public and private, is essential to the health, safety, and welfare of the town and to its development;
(d)
A mix and variety of transportation types, including for-hire transportation, aids the development of an adequate and rational transportation system;
(e)
Taxicab and limousine service complements other types of transportation in Chapel Hill and there is a public demand for it;
(f)
Taxicab and limousine service should be safe and dependable;
(g)
In the absence of public involvement, it can be difficult for consumers of taxicab and limousine service to judge and compare aspects of taxicab and limousine service among taxicab and limousine operations;
(h)
It is necessary that taxicab and limousine drivers, who transport members of the public at their direction, but under the driver's control, be safe and reliable;
(i)
Pertinent information should be clearly provided to customers being transported by taxicabs and limousines;
(j)
The town will promote its goals of a mix and variety of transportation types and an adequate and rational system of transportation by regulations and by franchising qualified taxicab and limousine operators and licensing qualified taxicab and limousine drivers.
(Ord. No. 86-5-12/O-2, § 1)
In all matters relating to the administration of this chapter, whenever and wherever the following terms are used, they shall be construed and defined as follows:
Driver's permit. The term "driver's permit" means the permit issued by the town after examination, authorizing a person to drive a taxicab or limousine or other for-hire vehicle operating under this chapter.
Exclusive ride service. The term "exclusive ride service" means the operation of a taxicab by transporting one passenger, or a group of passengers, from one trip origin to one destination and not allowing additional passengers to board until the prescribed destination is reached.
For-hire vehicle. The term "for-hire vehicle" shall include every vehicle driven and propelled by gasoline, electric motor, or mechanical devices, other than motor buses operating along regular routes or schedules, which shall be used for the purpose of carrying, transporting, or conveying any person from any one place to another, for which service a charge or fee is made.
Franchise. The term "franchise" means the right or license granted by the town to an individual or group engaged in the business of providing taxicab, limousine, or for-hire service within the town.
Franchisee, owner, operator. The terms "franchisee," "owner," or "operator" shall mean any individual, firm, corporation, or association of individuals which has applied for and received a franchise from the town to operate a taxicab or limousine business.
Limousine. The term "limousine" shall mean a "for-hire vehicle" for which charges or fees for use shall be based on the period of hours or days the vehicle is used and shall not be based on the numbers of miles operated or the origin and destination, whether in distance or within reference to zones covered. The term "limousine" excludes vehicles for which business is solicited from the public on the streets of the Town of Chapel Hill and excludes taxicabs.
Manager. The term "manager" shall mean the administrative head of town government or his designee.
Person. The town "person" means an individual, firm, corporation, or association of individuals.
Shared-ride service. The term "shared-ride service" shall mean the operation of a taxicab by transporting passengers from one or several different origins to one or several different destinations, not necessarily using the most direct route, but using a route that will allow the driver to deviate in order to pick up or discharge passengers other than, and in addition to, the first or original passenger.
Streets. The term "streets" shall mean every street, alley, or driveway, whether improved or unimproved, which has been dedicated to the public and is under charge and control of the town.
Taxicab. The term "taxicab" shall mean a for-hire vehicle for which public patronage is solicited and for which the charges are based upon the number of miles operated or zone covered. The term "taxicab" excludes limousines.
Town. The term "town" shall mean the Town of Chapel Hill.
Town council. The term "town council" or "council" shall mean the governing body of the Town of Chapel Hill which consists of the mayor and council members, which also constitutes the legislative body of the town.
Vehicle permit. The term "vehicle permit" shall mean a certificate issued by the town for each vehicle authorized for operation under a franchise.
(Ord. No. 86-5-12/O-2, § 1)
Sec. 20-3. - Compliance with chapter required.
A franchise issued by the town is required in order to provide a taxicab or limousine trip both originating and ending within the town.
It shall be the duty of every owner or operator of a taxicab, limousine or for-hire vehicle to comply with the provisions of this chapter.
(Ord. No. 86-5-12/O-2, § 1)
Sec. 20-4. - Appeals under chapter.
If the manager shall refuse to grant, or shall revoke, a franchise to operate a taxicab or limousine business, or shall refuse to grant or shall revoke a permit to drive a taxicab, limousine or for-hire vehicles carrying passengers, the applicant or franchisee or permittee, as the case may be, shall have ten (10) days from the date of such action by the manager to appeal the manager's decision to the town council. Notice of such appeal shall be in writing and served upon the town clerk within ten (10) days from and after the date of the action by the manager. Unless such appeal is perfected within such period and in the manner herein provided for, the said appeal shall be conclusively presumed to have been withdrawn and abandoned, and the action of the manager shall stand as final.
During the pendency of any appeal from a decision of the manager by which the manager refused to issue a franchise or permit, or by which the manager revoked any franchise or permit to operate or drive a taxicab or limousine, it shall be unlawful for such appellant to operate or cause to be operated, or to drive or cause to be driven, any such taxicab or limousine within the corporate limits.
(Ord. No. 86-5-12/O-2, § 1)
Sec. 20-5. - Prohibition on possession of weapons in taxis and limousines.
No person shall carry, possess or use any firearm or other dangerous weapon while aboard any taxi or limousine or other means of public conveyance. This section shall not apply to law enforcement or other government personnel acting within the scope of their employment.
Violation of this section shall be a misdemeanor and be subject to a fine of five hundred dollars ($500.00) or imprisonment for not more than thirty (30) days.
(Ord. No. 92-4-13/O-3, § 3)
Cross reference— Additional restrictions or possession and display of firearms, § 11-130 et seq.