AN ORDINANCE AMENDING CHAPTER 20 OF THE TOWN CODE OF ORDINANCES REGARDING AND LIMOSINES (2012-09-24/O-2)

WHEREAS, the current taxi ordinance which has been in effect since 1986, with only minor amendment changes in 1992 and 1993; and

WHEREAS, in October of 2011, UNC student body president, Mary Cooper, petitioned the Chapel Hill Town Council for a flat rate taxi program; and

WHEREAS, North Carolina General Statute §160A-304 authorizes cities to license and regulate all vehicles operated for hire in the city by ordinance.

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill that the Council amends the Code of Ordinance as follows:

Section 1: Section 20-1 through 20-97 of Chapter 20 shall read as follows:

“ARTICLE I. - IN GENERAL

Sec. 20-1. - Findings. Sec. 20-2. - Definitions. Sec. 20-3. - Compliance with chapter required. Sec. 20-4. - Appeals under chapter. Sec. 20-5. - Prohibition on possession of weapons in taxis and . Sec. 20-6. – Inspector; Office Created; General Duties Sec. 20-7. – Designation of Taxicab Stands Sec. 20-8. - Penalties Secs. 20-9. –Schedule of Secs. 20-10- 20-13. - Reserved

Sec. 20-1. - Findings.

The town council finds that:

(a) The town should franchise taxicab, and and pedicab 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 all vehicles operated for hire in the city; (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 and pedicab service complements other types of transportation in Chapel Hill and there is a public demand for it; (f) Taxicab, and limousine and pedicab service should be safe and dependable; (g) In the absence of public involvement, it can be difficult for consumers of taxicab, and limousine and pedicab service to judge and compare aspects of taxicab, and limousine and pedicab service among taxicab, and limousine and pedicab operations; (h) It is necessary that taxicab, and limousine and pedicab drivers, who 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 and pedicabs; (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 and pedicab operators and licensing qualified taxicab, and limousine and pedicab drivers.

Sec. 20-2. - Definitions.

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:

Chief of Police. The term “Chief of Police” means the “Chief of Police or his or her designee.

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 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 term "person" means an individual, firm, corporation, or association of individuals.

Pedicab, The term “Pedicab” means a non-motorized 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.

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.

Special Event Rate, the term “special event rate” shall mean a charged by a taxicab or pedicab transporting passengers to or from any University of North Carolina home football game, University of North Carolina men’s home basketball game, University of North Carolina Commencement activity, the Town of Chapel Hill Festifall event and any other event that causes significant traffic congestion that is designated by the Town Manager.

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 and pedicabs.

Taxicab Stand. The term “taxicab stand” means a location which has been designated by signage for use by taxicabs for passenger hire. The operation of taxicab stands may be limited to specific hours.

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.

Sec. 20-3. - Compliance with chapter required.

A franchise issued by the town is required in order to provide a taxicab, and limousine and pedicab 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.

Sec. 20-4. - Appeals under chapter.

If the manager shall refuse to grant, or shall revoke, a franchise to operate a taxicab, or limousine or pedicab 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 or for-hire vehicle within the corporate limits.

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 or to individuals who are authorized to concealed weapons under North Carolina Law.

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.

Sec. 20-6. – Taxicab Inspector; Office Created; General Duties

There is hereby created the office of taxicab inspector. The taxicab inspector shall be responsible for the inspection of taxicabs and other for-hire vehicles, the practical administration of this article, and the safety and welfare of the public in connection with the operation and use of taxicabs and other vehicles as defined by this article.

The taxicab inspector shall from time to time cause to be made an inspection of taxicabs and other for-hire vehicles covered by this Chapter. If any vehicle shall be found unsafe or unfit for operation, written notice shall be given the driver and the holder of the certificate and license therefor of such condition, and such vehicle shall not be operated thereafter until the same has been put in safe and fit condition.

The taxicab inspector shall be designated by the Chief of Police.

Sec. 20-7. – Designation of Taxicab Stands

The Town Manager shall have the authority to designate public taxicab stands to facilitate the orderly hiring of taxicabs and other for-hire vehicles by appropriate posting. Taxicab stands may be authorized for specific hours of operation.

No for-hire vehicle shall occupy a taxicab stand except for the purpose of being held forth for hire. Vehicles shall enter public stands only at the rear approach to such stands. Every vehicle shall move forward to the front of the stand immediately as space becomes available for the taxicab either by departure or movement of the preceding taxicab(s) or other for- hire vehicle(s).

In the event that a taxicab stand is fully occupied by the maximum number of vehicles authorized for a specific stand, then no driver shall wait in the immediate area for the purpose of occupying a space expected to become available in the taxicab stand.

Prospective passengers may choose from any for-hire vehicle occupying a space within the taxicab stand.

Sec. 20-8. – Penalties

In addion to any criminal penalties, violaton of any provision of this Chapter shall constitute a civil violation and subject the violator to a civil penalty in the amount of one hundred dollars ($100.00).

Any violation and penalty assessed under this article may be appealed to the town manager provided such appeal is filed with the town manager's office within fifteen (15) days after notice of said civil penalty. If an appeal is timely filed, the manager or his designee shall conduct an administrative hearing; shall consider any information the party assessed the penalty presents; and shall render a decision on the appeal within ten (10) days of the conclusion of the hearing. If no appeal is filed the determination shall be final.

Any penalty not paid within thirty (30) days assessment or the conclusion of any appeals taken under the provisions of this section may be recovered by the town in a civil action in the nature of the debt.

Sec.20-9. – Schedule of Fares

A uniform schedule of rates and fares will be set annually by the Town Council. No operator shall charge a fee in excess of the rates and fares set by the Town Council. The fees established by the Town Council shall be all inclusive. The fees referred to in this section shall be payable by cash, debit card and at least two (2) major national credit cards. If payment is made by credit or debit card, operators may charge a transaction fee which will be set by Town Council as part of the the uniform schedule of rates and fares.

The Town of Chapel Hill Uniform Schedule of For-Hire Vehicle Rates and Fares shall be displayed at all times on durable materials that are clearly visible to the passenger or passenger using the for-hire vehicle. Such fare information shall also include the following information: “This service is franchised for operation by the Town of Chapel Hill. Any complaints regarding this service or fares which cannot be resolved by the company should be brought to the Town of Chapel Hill Taxi Inspector at 919-968-2760. The print used on the tabe shall be of size and nature as approved by the Taxi Inspector.

The Manager shall have the authority to declare periods of a fuel surcharge fee when the seven day average price of fuel sold within the City limits of Chapel Hill surpasses a price set by the Town Council. The surcharge fee and activating price point will be set by Town Council as part of the rate and fare schedule.

Taxi operators may charge a clean-up fee of up to seventy-five dollars ($75.00) that may be assessed to a passenger who soils the interior the vehicle by vomiting.

Secs. 20-10 – 20-13. - Reserved.

ARTICLE II. - FRANCHISES

Sec. 20-14. - Required. Sec. 20-15. - Written application required. Sec. 20-16. - Filing applications; contents of same. Sec. 20-17 – Investigation of Application Sec. 20-18. - Liability insurance required. Sec. 20-19. - Procedure and criteria for approving applications for taxicab franchises. Sec. 20-20. - Securing permission for additional vehicles. Sec. 20-21. - Franchise certificate. Sec. 20-22. - Expiration of franchises. Sec. 20-23. - Assignment or transfer. Sec. 20-24. - Revocation upon change of ownership; issuance to new owner. Sec. 20-25. - Suspension and revocation—Causes, hearing. Sec. 20-26. - Same—Surrender of permit; retiring vehicles from service. Sec. 20-27. - Issuance of vehicle permits. Sec. 20-28. - Invalidation of vehicle permit upon failure to operate service. Sec. 20-29. - Transferring vehicle permits. Sec. 20-30. – Taxi, and limousine and pedicab franchises mutually exclusive. Sec. 20-30. - Reserved.

Sec. 20-14. - Required.

No taxicab or limousine, or for-hire vehicle as defined in this chapter shall be operated upon the streets of the town except pursuant to a franchise granted by the manager.

Sec. 20-15. - Written application required.

The applicant for a franchise under this article shall file a written application with the town for a franchise to operate a taxicab, or limousine or pedicab business. Applications for franchises will be accepted during the months of June and December only.

Sec. 20-16. - Filing applications; contents of same.

No franchise shall be issued to any person until and unless such person shall have made and filed with the town manager an application, signed and sworn to before a notary public or other officer authorized to administer oaths, on application forms provided by the town.

The applicant must submit a non-refundable application fee with the completed application. The purpose of this fee is to off-set costs associated with conducting an investigation into each application. The application fee will be set by the Town Council on an annual basis as part of the Town Fee Schedule.

The sworn application for such franchise or renewal thereof shall contain the following information:

(a) Whether the application is for a new franchise or an amendment to a previously issued franchise.

(b) The name(s) and address(es) of the person or persons applying for the franchise; and, if the applicant is a corporation, a certified copy of the articles of incorporation, a list of the names and addresses of all individuals who hold or are contemplated to hold more than five (5) per cent interest, either beneficially or legally, in the corporation, and the name of the administrative head of the taxicab, or limousine or pedicab operation.

(c) The number of vehicles proposed to be operated.

(d) A description including the make, type, year of manufacture, passenger capacity, and vehicle identification number of any and all vehicles actually owned by the applicant on the date of application and proposed to be operated.

(e) The name under which the business will operate.

(f) The color scheme proposed to be used to identify vehicles under this franchise.

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

(h) The location of proposed offices, taxi stands, dispatching stations, garages, or other facilities to be used in connection with the taxicab or limousine business.

(i) A statement that the applicant(s) has (have) read and will comply with the provisions of the town's taxi, and limousine and pedicab ordinance.

The applicant shall furnish the manager such other information as the manager may reasonably require in considering the application.

Sec. 20-17 – Investigation of Application

Before making any decision with respect to the issuance of a franchise under this article, the Manager or his designee shall make a full and complete investigation of all facts in connection with the applications and utilize the services of the Chief of Police or any other officer or employee of the city.

Sec. 20-18. - Liability insurance required.

It shall be unlawful for any person engaged in the business of transporting passengers for hire over the public streets of the town to operate any taxicab, limousine, or for-hire vehicles (except those operated under the jurisdiction of the utilities commission of the state), without furnishing and keeping in effect for each taxicab, limousine, or for-hire vehicle, a policy of insurance or surety bonds with sureties whose solvency shall at all times be subject to the approval of the town manager, said policy of insurance or surety bonds to be conditioned on such operator responding in damages for any legal liability incurred on account of any injury to persons or damage to property resulting from the operation of such taxicab, limousine, or for-hire vehicle, upon the streets of the town in the following amounts, viz.:

For injury to one person in case of one accident .....$30,000.00

For injury to more than one person in one accident .....60,000.00

For property damage in one accident .....25,000.00 or such greater amounts as may be required by state or federal law or regulation. Proof of insurance shall be filed with the town manager as a condition precedent to the operation of any such motor vehicle under a Town of Chapel Hill franchise.

Sec. 20-19. - Procedure and criteria for approving applications for taxicab and pedicab franchises.

After giving due consideration to the information set forth on the application and such other competent, relevant and material information and evidence as may be presented by interested parties, the Manager may authorize the issuance of a franchise to the applicant and may make it subject to reasonable conditions relating to operational standards or conditions. The franchise application shall be denied if the manager finds that:

(a) The applicant has not complied with all the provisions of this article;

(b) The criminal record of the applicant (or of the officers, directors, supervisory employees, or corporate applicant, if any) is such that it would be against the public interest and welfare for such an application to be granted.

Sec. 20-20. - Securing permission for additional vehicles.

Any time that additional vehicles are proposed to be used in connection with any taxicab, or limousine or pedicab business over and above the number listed in the franchise, the franchisee must file an application for an amendment to the franchise with the town. The application for an amendment to the franchise shall be submitted to the manager and shall contain information as required in the section 20-16 and any other information as may reasonably be requested by the manager.

The manager shall review the information set forth on the application and shall take action on the application based on the criteria listed in section 20-19.

Sec. 20-21. - Franchise certificate.

The franchise certificate shall contain the name and address of the owner to whom it is granted; the name of the business; the number and kind of vehicles which are authorized by the franchise; and a statement that the permit is issued subject to full compliance with the provisions of this chapter and all other ordinances and laws governing the operation of taxicabs, and limousines and pedicabs in the town, and is subject to revocation as provided by this chapter. Each franchise certificate shall be signed by the manager or his designee.

Sec. 20-22. - Expiration of franchises.

Subject to the provisions of this article, a franchise shall be perpetual in nature and shall not expire so long as the owner of said taxicab or limousine service renews a privilege license for his business by October 1st of each year. remain in effect for three years, unless a shorter period of time is specified on the certificate. Applications for renewals shall be filed at least one month prior to expiration of the previous three-year franchise. In the event the owner of said taxicab, limousine or pedicab franchise fails to apply for renewal in the time period stipulated within this section, the franchise shall be automatically rendered null and void.

Sec. 20-23. - Assignment or transfer.

No franchise granted and issued under this article shall be assigned or transferred. Franchise owners must own or lease all vehicles operated by the franchise. Franchise owners many not subcontract their franchise.

Sec. 20-24. - Revocation upon change of ownership; issuance to new owner.

Change of beneficial or legal ownership of any taxicab, or limousine or pedicab business shall automatically render null and void any franchise previously granted. Any transferee of any such taxicab, or limousine or pedicab business shall not operate taxicabs, or limousines or pedicabs until such transferee has applied for, and has been granted, a franchise in the manner provided by in this article. For the purposes of this article, a change of ownership shall be deemed to occur whenever an actual change in control of taxicab, or limousine or pedicab business takes place, whether by gift, sale, lease, or otherwise. In the case of a partnership or corporate ownership, a change in control is deemed to have taken place when cumulatively twenty-five (25) per cent or more of ownership interest is transferred. In the event of the death of a franchisee, the manager may issue temporary authorization for the operation of the franchise to be continued by the heirs or partners of the franchisee, while a new franchise application is prepared.

Sec. 20-25. - Suspension and revocation—Causes, hearing.

A taxicab, or limousine or pedicab franchise shall be suspended or revoked by the manager if the manager determines that:

(a) The owner has failed to operate the taxicab, or limousine or pedicab service in accordance with the provisions of this chapter;

(b) The franchisee has failed to license properly with the state, in the correct and true owner's name, any taxicab, or limousine or pedicab covered by the franchise;

(c) The holder of any franchise has made a false or misleading statement on his or her application.

No franchise shall be suspended or revoked unless and until at least thirty (30) days written notice of the time and place of hearing shall have been given to the holder of such permit and such hearing by and before the manager is duly held thereon.

The notice shall specify the grounds for the proposed suspension or revocation and shall state that the franchisee shall have the opportunity to appear at the hearing, present evidence and cross-examine witnesses against him or her.

Sec. 20-26. - Same—Surrender of permit; retiring vehicles from service.

Franchises which have been suspended, revoked or expired shall be surrendered to the town manager together with the corresponding vehicle permits, and the operation of any such taxicabs, or limousines or pedicabs covered by the franchise shall cease.

Sec. 20-27. - Issuance of vehicle permits.

For each vehicle covered under a franchise, a vehicle permit shall be issued in such form as the town manager may from time to time prescribe, such permit to be stored at all times in each vehicle for which issued, as provided in this article.

Sec. 20-28. - Invalidation of vehicle permit upon failure to operate service.

Notwithstanding any of the above provisions, a vehicle permit shall become invalid if the franchisee fails to operate that taxicab, or limousine or pedicab in service in accord with the franchise within the corporate limits of Chapel Hill for a period of one-hundred twenty (120) or more days or fails to present such vehicle for inspection by the police department for two (2) consecutive inspection periods. Also, the vehicle permit will become invalid if the franchisee fails to include that vehicle in the renewal of his annual business license and pay the required fee for such vehicle.

Sec. 20-29. - Transferring vehicle permits.

A franchisee may transfer a vehicle permit from one vehicle to another by returning the old permit to the town along with the necessary information for the new vehicle. The town shall issue a new vehicle permit within two (2) business days.

Sec. 20-30. – Taxicab, and limousine and pedicab ranchises mutually exclusive.

Taxi limousine and pedicab franchises shall be issued separately from limousine franchises. No vehicle shall be listed and operated under a taxi franchise while listed as a vehicle under a limousine franchise.

ARTICLE III. DRIVER’S PERMIT

Sec. 20-31. - Permit required. Sec. 20-32. - Permit application; issuance. Sec. 20-33. - Reserved. Sec. 20-34. - Examination and investigation. Secs. 20-35—20-37. - Reserved. Sec. 20-38. - Refusal to issue a permit; grounds for suspension, revocation. Sec. 20-39. - Expiration and renewal. Sec. 20-40. - Terms of suspension, revocation. Sec. 20-41. - Procedure for suspension, revocation. Sec. 20-42. - Appeal from actions taken by the town manager. Sec. 20-43. - Surrender or loss of driver's permit. Sec. 20-44. - Drivers to comply with chapter. Sec. 20-45. - Responsibility of owner for driver's performance under this chapter. Secs. 20-46—20-56. - Reserved.

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) five (5) by seven (7) 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 taxicab inspector.

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.

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 fee not to exceed fifteen dollars ($15.00). This fee shall be set annually by Town Council as part of the Town Fee Schedule.

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 or pedicab 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 taxicab inspector shall issue a driver's permit if the manager determines that the applicant is qualified to drive under the provisions of this chapter.

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 or pedicab service.

As a condition of licensure applicants for licensure must pass a controlled substance examination designated by the Town. The applicant or his franchise owner is responsible for paying the cost of the controlled substance examination.

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.

Secs. 20-35—20-37. - Reserved.

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 and pedicab 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 judgment 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.

(h) Who has been convicted or has entered a prayer for judgment for any felony against the State of North Carolina or who has been convicted or entered a prayer for judgment for any offense against another State which would have been a felony if committed in this State, within the last ten (10) years ;

(i) Who violates any Federal or State law relating to the use, possession, or sale of alcoholic beverages or narcotic or barbiturate drugs;

(j) Who fails the required controlled substance examination.

(k) Who violates any Federal or State law relating to prostitution.

After the town's refusal to issue or to renew a driver's permit for (b), (d) and (j) 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.

Sec. 20-39. - Expiration and renewal.

All driver's permits shall expire at midnight on the last day of the month four (4) two (2) years from the month of issuance. Renewal applications should must be submitted at least thirty (30) days before the expiration date shown on the permit.

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.

(e) For ten (10) years, upon conviction or the entering of a prayer for judgment for any felony against the State of North Carolina, or upon conviction or the entereing of a prayer for judgment for any offense against another Statewhich would have been a felony if committed in this State if the offense is not included in 20-40(d).

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.

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.

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.

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

All persons driving operating a for-hire vehicle shall adhere to and at all times conform to the requirements of this chapter.

Sec. 20-45. - Responsibility of owner for driver's operator’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 or pedicab by any driver or operator who has not complied with or who violates any of the ordinances of the town relating to such a driver or operator.

ARTICLE IV. TAXICAB OPERATION

Sec. 20-57. - Ownership designation; color scheme. Sec. 20-58. - Advertising. Sec. 20-59. - Vehicle equipment. Sec. 20-60. - Condition of taxicab. Sec. 20-61. - Maintenance of taxicab. Sec. 20-62. - Inspection of vehicles required. Sec. 20-63. - Place of business. Sec. 20-64. - Driver's manifests. Sec. 20-65. - Demeanor of drivers. Sec. 20-66. - Refusal to carry orderly passengers. Sec. 20-67. - Restriction on number of passengers. Sec. 20-67.1. – Limitation on accepting additional passengers. Sec. 20-68. - Compliance with passenger's request. Sec. 20-69. - Lost articles. Sec. 20-70. - Furnishing receipt. Sec. 20-71. - Deception of passengers. Sec. 20-72. - Failing or refusing to pay for a taxicab. Sec. 20-73. - Contracts for ride-sharing, contracts for exclusive service. Sec. 20-74. - Ride-sharing. Sec. 20-75. - Compliance with town, state, and federal laws. Sec. 20-76. - Answering calls for service. Sec. 20-77. - Schedule of rates. Taxi Inspector to Approve . Secs. 20-78. 20-79– Fare schedule and zone map to be displayed. Reserved Sec. 20-80. - No application to limousine or pedicab service.

Secs. 20-81 through 20-89 reserved

Sec. 20-57. - Ownership designation; color scheme.

Subject to approval of the manager, each franchisee shall adopt a color scheme for painting the franchisee's taxicabs distinct from that of any other operator, and may adopt an identifying design, monogram, or other insignia. All taxicabs of each operation shall be of the same color scheme. Every franchisee operating more than one taxicab in the town shall assign different numbers to each taxicab. The name and telephone number of the taxicab company shall be painted with permanent paint on each side and on the rear of each taxicab with legible letters and numbers not less than three and one-half (3½) inches in height nor more than five (5) inches in height and spaced at least one inch apart.

Colors of paint to be used for lettering and numbering shall be of sharp contrast with color of surface paint to which this is applied, so as to be legible and visible at a reasonable distance, including at night with street lights. No lettering or numbers shall be affixed in any manner which can be removed or detached to conceal the identification of such taxicab company or taxicab number.

No vehicle subject to this chapter shall be authorized to operate if the color scheme, identifying design, monogram, or insignia to be used thereon shall, in the determination of the manager, conflict with, imitate, or substantially resemble any color scheme, identifying design, monogram, or insignia used by another taxicab franchise. If the color scheme, identifying design, monogram, or insignia thereof is changed or altered after the franchise is issued so as to, in the opinion of the manager, conflict with, imitate, or substantially resemble any color scheme, identifying design, monogram, or insignia used by any other operator in such a manner as to be misleading or tend to deceive the public, the vehicle permit covering such taxicab(s) shall be suspended or revoked until the taxicabs are in compliance with this chapter.

No vehicle shall be operated as a taxicab until the same has been painted, numbered, and lettered as required by this section.

Sec. 20-58. - Advertising.

Subject to the rules and regulations of the manager, it shall be unlawful for any person operating a taxicab to permit advertising matter to be affixed to or installed in or on any taxicab.

Sec. 20-59. - Vehicle equipment.

All taxicabs operated within the town shall be equipped and maintained in a satisfactory condition so as to comply with the North Carolina Safety Inspection Program, and the provisions of this Code. Among other requirements each vehicle shall:

(a) Have a body of the sedan or enclosed type and shall be of not less than four-passenger capacity.

(b) Have four (4) doors, two (2) leading into the passengers' compartment and two (2) leading into the driver's compartment, so constructed that they may be opened from the inside and the outside.

(c) Have all windows, vents, and doors in proper working condition.

(d) Be equipped with a heater sufficient to heat the interior of the taxicab adequately in cold weather and be equipped with an air conditioner sufficient to cool the interior of the taxicab adequately in hot weather.

(e) Have all windshields and side and rear glass free from discoloration and without hazardous cracks and clear of dirt or obstructions to clear view.

(f) Have front and rear bumpers in proper repair.

(g) Be equipped with a two-way radio in order that the taxicab can have direct communication for immediate dispatching.

(h) Be equipped with a card frame permanently mounted so as to be visible to patrons for display of the driver's permit, and fare schedule as described in section 20-31

(i) Be equipped with a number of seat belts equal to the passenger capacity of the vehicle and have such belts readily available for use by passenger. Each vehicle shall also have available for passengers approved child safety seats for use when required by law.

Sec. 20-60. - Condition of taxicab.

Every vehicle operating under this chapter shall be kept in a clean and sanitary condition. The franchisee shall keep the body of the taxicab, both interior and exterior, safe and clean and its general appearance shall be kept as close as possible to the manufacturer's original appearance with respect to sheet metal and finish of car, normal wear and tear exempted. Any hazardous exterior body damage shall be repaired prior to returning any vehicle to service.

Sec. 20-61. - Maintenance of taxicab.

When any taxicab is wrecked, damaged, or unsafe for taxicab operation, the franchisee shall make such repairs and alterations as may be required and shall not operate, or cause or permit to be operated, any such taxicab until such repairs and alterations have been completed.

Sec. 20-62. - Inspection of vehicles required.

Before the use and operation of any taxicab under this chapter, said vehicle shall be thoroughly examined and inspected by the taxicab inspector police department and found to be capable of providing safe and sanitary transportation.

In addition, every taxicab shall be inspected semi-annually by the taxicab inspector police department to determine that the vehicle is capable of providing safe and sanitary transportation. The taxicab inspector police department may also make unannounced inspections at reasonable times to determine that taxicabs conform with this chapter. Semi-annual inspections will occur in the months of May, June, November and December. Franchise operators must pay an inspection fee to off-set the costs of the semi-annual inspections. This fee will be set by Town Council annually when setting the Town of Chapel Hill Fee Schedule.

Every taxicab shall be required to display at all times a valid North Carolina Safety Inspection sticker.

Every taxicab shall be required to display a Town of Chapel Hill issued Taxi Inspection Sticker on the back window of the vehicle. This inspection sticker shall be affixed by the taxi inspector or under the direction of the taxi inspector.

If, in inspection, an vehicle should be found to be unsafe or not to conform with this chapter, notice shall be given by the taxi-inspector police department to the franchisee and such vehicle shall not thereafter be operated as a taxicab until the town determines upon inspection that the vehicle has been placed back into safe condition for operating or into conformity with this chapter. Nothing herein shall be construed to relieve any owner or operator of any vehicle from all or any duties imposed by law nor relieve such owner or operator from liability resulting from the unfitness of such vehicles or the negligent operation thereof.

Failure to present vehicles for an inspection in a timely manner upon reasonable notice by the town or failure to make the necessary corrections after failed inspections shall result in that vehicle not being approved for further servives until the inspection is completed and the vehicle is approved. use within the town and may result in revocation of the franchise.

Sec. 20-63. - Place of business.

(a) Franchisees shall maintain a place of business for the purpose of receiving calls and dispatching taxicabs.

(b) The telephone number of the place of business shall be listed in the local telephone directory in the first available issue and all subsequent issues.

(c) Any place of business within the town as established by a franchisee must comply with the provisions of the zoning ordinance adopted by the town council.

Sec. 20-64. - Driver's manifests.

A daily manifest shall be maintained by the franchisee noting all trips made each day, showing the driver's name, cab number, place of origin and destination of each trip, and the amount of fare.

The forms for such records shall be approved by the town manager Taxi Inspector.

Every operator shall retain and preserve all driver's manifests in a safe place for at least one hundred and eighty (180) days and the same shall be made available upon demand for inspection by the police department or the town manager. At the request of the town manager Taxi Inspector, information on the driver's manifest shall be tabulated and forwarded to the manager Taxi Inspector.

Sec. 20-65. - Demeanor of drivers.

Every driver of a taxicab, while on duty, shall be clean in dress and in person at all times.

Sec. 20-66. - Refusal to carry orderly passengers.

No driver shall refuse or neglect to carry any orderly person(s) upon request, for reason of race, color, ethnic background, sex, age, religion, handicap, or unless unable or forbidden by provision of this chapter to do so. A driver shall not be required to transport any disorderly, violent, or abusive person.

A blind person accompanied by a guide dog or a deaf person accompanied by a hearing ear dog or any other handicapped person accompanied by a specially trained animal shall not be denied service. A franchise shall permit persons using wheelchairs to use standard taxicab vehicles:

(a) Independently (without assistance from the driver); or

(b) With assistance from a companion who is traveling with the person using the wheelchair.

Sec. 20-67. - Restriction on number of passengers.

No driver shall permit more persons to be carried in a taxicab than the seating capacity of such vehicle (as rated by the automobile manufacturer), including the driver.

Sec. 20-67.1. – Limitation on accepting additional passengers.

Whenever any taxicab is occupied by a passenger(s), the driver shall not permit any other person to occupy or ride in such taxicab if the original passenger(s) object thereto. If a child under 16 years of age is the original passenger, no other passenger shall be permitted in such taxicab without the consent of the parent or guardian of the original passenger.

Sec. 20-68. - Compliance with passenger's request.

Every taxicab driver shall comply with all reasonable and lawful requests of the passenger or passengers as to the speed of and the route to be taken. The driver shall, on the request of any passenger, give to such passenger the correct name of such driver and such other information as will identify the driver, vehicle, and owner thereof.

Sec. 20-69. - Lost articles.

The driver of a taxicab shall make every reasonable effort possible to return lost articles that are found in the taxicab to the rightful owner(s) as soon as possible after discovery of such articles. If the owner cannot be located or determined, then the lost article shall be given to the police department within ten (10) days.

Sec. 20-70. - Furnishing receipt.

When requested by a passenger, every driver shall give a receipt showing the company's name, driver's name, date, trip, origin, and destination, and the amount of fare charged.

Sec. 20-71. - Deception of passengers.

No driver shall deceive or attempt to deceive any passenger who may ride in the taxicab, or who may desire to ride in such taxicab, as to the destination or the rate of fare to be charged, or shall convey any passenger to be conveyed to a place other than directed by the passenger.

Sec. 20-72. - Failing or refusing to pay for a taxicab.

Every person requesting a taxicab operator or driver to take him to a designated terminus and who refuses to pay the fares or fares set out in this chapter, or the legitimate charge for carrying baggage, shall be presumed to have fraudulently obtained such services with intent to cheat the operator or driver of just charges and shall be guilty of a misdemeanor.

Sec. 20-73. - Contracts for ride-sharing, contracts for exclusive service.

Operators of taxicabs who have received franchises to operate within the town may contract with public and/or private agencies to provide shared-ride taxi service. Hours of service, rates, terms, and areas to be served shall be determined by contract between the operator(s) and the agencies.

Taxicab operators and drivers shall not enter into a contract with any place of business within the town for the purpose of or effect of excluding other franchised operators from providing taxicab service to or from such place of business.

Sec. 20-74. - Ride-sharing.

A taxicab carrying a passenger or passengers may answer other calls, or pick up additional passengers, prior to taking the first passenger to his or her destination, provided that the first passenger's trip will not, because of the additional passenger, require more than a fifty (50) per cent increase in the time otherwise required if the first passenger's trip were exclusive. A taxicab shall not respond to other calls or pick up additional passengers if the first passenger specifically requests an exclusive ride.

Sec. 20-75. - Compliance with town, state, and federal laws.

Every taxicab driver and franchisee shall comply with all relevant town, state, and federal laws and regulations. Failure to do so shall be considered as grounds for suspension or revocation of the driver's permit and/or franchise.

Sec. 20-76. - Answering calls for service.

Every taxicab driver and franchisee under this chapter shall respond only to calls directed to such franchisee's telephone number. In no case shall one franchisee answer calls or respond to dispatchers of another franchisee unless permission is granted by such franchisee to answer such calls or respond to such dispatchers.

Sec. 20-77. – Schedule of rates Taxi Inspector to Approve Taximeter

Taxicab franchisees shall file with the town manager a schedule of maximum rates at least seven (7) days before being effective.

Taximeters used to assess fares under this ordinance, must be approved by the Taxi Inspector

Sec. 20-78. - Fare schedule and zone map to be displayed.

In every taxicab covered under a franchise issued by the town, a taxi fare structure cable, a taxi zone map and/or a rate schedule, whether the franchise rates are based upon meter, mileage, or zone system changes, shall be displayed at all times in metal card frames or other durable materials so that rates will be clearly visible to the passenger or passengers using the taxicab. Such fare information should also include the following statements: "This service is franchised for operation by the Town of Chapel Hill. Any complaints regarding service or fares which cannot be resolved by the Taxi Company should be brought to the attention of the Chapel Hill Transportation or Police Departments at 968-2700." The print used on the table shall be of such a size and nature as approved by the town manager.

Secs. 20-78 through 20-79 – Reserved

Sec. 20-80. - No application to limousine or pedicab service.

The provisions of this article shall not apply to the operation of limousines or pedicabs pursuant to a franchise or limousine service issued by the town.

Article V: Pedicab Opearation

Sec. 20-90. – Pedicabs - lights and reflectors. Sec. 20-91. - Pedicabs—additional safety features. Sec. 20-92. - Pedicab size. Sec. 20-93. - Pedicab condition. Sec. 20-94. - Pedicab operation. Sec. 20-95. - Driver’s License Required. Sec. 20-96. – Insurance. Sec. 20-97. – Responsibility of Owner.

Sec. 20-90. Pedicabs - lights and reflectors.

It is unlawful to operate a pedicab without:

(a). Using a lamp on the front that illuminates a person or vehicle at least fifty (50) feet to the front during nighttime.

(b). Using a lamp on the front that emits a white light visible from at least five hundred (500) feet to the front during nighttime.

(c). Using DOT-approved red reflectors visible from at least fifty (50) to three hundred (300) feet when the reflector is directly in front of lawful motor vehicle upper beams during nighttime, in the following positions on the passenger portion of the pedicab: two (2) on the rear of the pedicab and one (1) on each side of the pedicab.

(d). Using a lamp on the rear that emits a red light visible from at least five hundred (500) feet to the rear during nighttime.

(e). Having a reflective strip no smaller than one and one quarter (1 1/4) inches wide and thirty-six (36) long affixed horizontally to the rear of the pedicab visible from at least fifty (50) feet to the rear when the strip is directly in front of lawful motor vehicle upper beams during nighttime.

Sec. 20-91. Pedicabs—additional safety features.

It is unlawful to operate a pedicab without:

(a). A braking system on the bicycle or moped, capable of bringing the pedicab to a safe stop under all conditions, and capable of being reached by the operator from his normal position of operation.

(b). A mirror located to reflect to the operator a view of the road at least two hundred (200) feet to the rear.

Sec. 20-92. Pedicab size.

It is unlawful to operate a pedicab that is:

(a). Wider than fifty-four (54) inches at its widest point.

(b). Longer than twelve (12) feet at its longest point.

Sec. 20-93. Pedicab condition.

It is unlawful to operate a pedicab that has:

(a). Exposed rust.

(b). Ripped upholstery or fabric.

(c). Exposed wood that is not painted and in good condition.

Sec. 20-94. Pedicab operation.

It is unlawful to operate a pedicab:

(a). On a street with a posted speed limit in excess of 25 miles per hour.

(b). By riding other than on or astride a permanent and regular seat attached to the pedicab.

(c). Carrying more passengers than the number of seats available.

(d). With more than one trailer, sidecar or similar device.

(e). In a manner that results in damage to public property.

(f). In a manner that results in colliding with a pedestrian.

(g). In a manner that obstructs or impedes pedestrian or vehicular traffic.

(h). Knowingly permitting another to attach their person, bicycle, coaster, sled, toy vehicle, roller skates, skateboard, scooter or other rolling device to the pedicab.

(i). Carrying anything that prevents the operator from keeping at least one hand on the handlebars.

(j). On a street or adjoining sidewalk that has been closed by the city to motor vehicles.

(k). Obstructing pedestrian traffic on a sidewalk or crosswalk by remaining stopped on a sidewalk or crosswalk longer than necessary to pick up or drop off passengers.

(l). Allowing passengers to board or disembark while the pedicab is moving.

(m). Without a clearly visible manufacturer’s serial or identification number on either the operator’s or the passenger’s portion of the pedicab.

Sec. 20-95. Driver’s License Required.

(a). It is unlawful for an operator to operate a pedicab without having in his or her possession a valid driver license.

(b). It is unlawful for an operator to fail to display the license or other required documents, including proof of insurance, to a law enforcement officer on demand.

(c). The driver license may be issued by North Carolina or another state, but cannot be cancelled, revoked or suspended.

Sec. 20-96. Insurance.

(a). The owner shall maintain at all times a commercial general liability insurance policy in the amount of at least one million dollars per occurrence and two million dollars annual aggregate.

(b). The insurance company issuing the policy shall be authorized to issue commercial liability policies in North Carolina.

(c). The policy shall designate by manufacturer’s serial or identification number all pedicabs for which coverage is granted.

(d). The policy shall insure the person named in the policy and any other person using the pedicab with the express or implied permission of the named insured against any liability arising out of the ownership, maintenance or use of the pedicab in North Carolina.

Sec. 20-97. Responsibility of owner.

It is unlawful for an owner to permit a pedicab to be operated or maintained in violation of Sections 20-90 through 20-97.”

Section 2. This ordinance shall become effective January 1, 2013.

This the 24th day of September, 2012.