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ORDINANCE NO. 6-07
TOWN OF WAYNESVILLE
TAXICAB ORDINANCE
WHEREAS, the Board of Aldermen of the Town of Waynesville desires to regulate taxicabs in the Town of
Waynesville.
NOW, THEREFORE, BE IT ORDAINED by the Board of Aldermen of the Town of Waynesville that the following
sections be added to Chapter 14 of the Town of Waynesville Code of Ordinances.
CHAPTER 14. BUSINESSES
ARTICLE IV. TAXICAB
1. Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning.
“Certificate” means a certificate of public convenience and necessity issued by the Chief of
Police or his designee, authorizing the holder thereof to conduct a taxicab business within the city.
“Holder” means a person to whom the certificate of public convenience and necessity has been
issued.
“Drivers license” means a license issued by the State of North Carolina granting a person the
privilege to drive up the roadways in the state. Pursuant to NCGS 20-7.
“Taxi permit” means a permit issued by the Chief of Police or his designee to an individual
allowing them to operate a taxi or limousine within the city limits of Waynesville.
“Manifest” means a daily record prepared by a taxicab driver of all trips made by the driver,
showing the time and place of origin, destination, and number of passengers.
“Rate card” means a card with the rates and fares that are clearly printed and presentable upon
request of any person considering transportation by the taxi cab.
“Taxicab” means a motor vehicle regularly engaged in the business of carrying passengers for
hire, having a seating capacity of less than six persons and not operated on a fixed route.
2. Taxicab businesses governed by ordinance.
This ordinance shall govern the operation of those taxicab businesses operating within the corporate limits
of the Town of Waynesville as well as those businesses located outside the Town of Waynesville providing such services that originate within the Town of Waynesville. Provided, however, this ordinance shall not apply
to such businesses not located within the Town of Waynesville providing such services that originate outside the Town of Waynesville.
3. Inspection of vehicles; vehicle license; maintenance.
Initial inspection; Prior to the use and operation of any vehicle under the provisions of this
ordinance, it shall be thoroughly examined and inspected by the police department and found to comply with the state safety and equipment requirements.
- When the police department finds that the vehicle has met said requirements the Chief of Police or his
designee will approve the taxicab for use by the service. It will be the responsibility of the owner of each taxicab to ensure that it is serviced and mechanically sound.
- Periodic inspections. Every vehicle operating under this article may be periodically inspected by the
police department at such intervals as established by the Chief of Police to ensure the continuing maintenance of safe operating condition, but at least once a year.
- Condition of vehicles. Every vehicle operating under this ordinance shall be kept in a clean and
sanitary condition.
4. Identification on vehicles.
- Each taxicab shall bear on the roof thereof an electrically lighted sign or device bearing the name of
the owner or Taxicab Company. In addition to the lighted sign each cab must display the same information on each side of the vehicle.
5. Rates of fare; rate card.
- Each taxicab must clearly display a rate card in the taxicab for each customer or potential customer to
view. A rate list will also be displayed at each taxi lot. Each individual company will determine the rates and the company will not vary from their posted rates. If the rates are established per mile then the
operator of the taxi must keep the odometer clean and clear for the customer to inspect.
6. Receipts.
- The driver of any taxicab shall, upon the request, of any passenger, render to such passenger a receipt
upon which shall be the name of the owner, the amount of the charges, mileage traveled, and the date of the transaction.
7. Drivers.
- No person shall drive a vehicle for hire as a taxicab without a valid drivers license issued by the
State of North Carolina authorizing said person to drive a taxicab and in addition a permit issued by the Chief of Police or his designee. No person who owns or has authority and control over a vehicle shall
permit any other person to drive the vehicle for hire as a taxicab unless that driver has such a permit. There will be a $5.00 fee for the permit.
- Application for a permit under this section shall be made to the Chief of Police or his designee, who
may deny the application for failure to meet the terms and conditions of this ordinance, but who shall, upon the applicant’s meeting the terms and conditions of this ordinance, issue a permit upon giving
of the oath required in subsection (c). The application for a permit shall include a fingerprint card containing the fingerprints of the applicant made by and under the supervision of the Waynesville Police
Department.
- Every applicant shall show under oath that he/she has not within the last three years of the date of
application:
- (1). Been convicted of a violation of any federal or state law relating to possession for sale or
sale of any intoxicating alcoholic beverage or controlled substance.
- (2). Been convicted of two or more DWI violations within a three year period.
- (3) Been in violation of federal law or state relating to prostitution; nor
- (4) Been a habitual violator of traffic laws or ordinances.
- Any permit issued upon a false oath by an applicant will be immediately revoked upon receipt of
evidence of a falsity thereof. Any permit issued under this section may be revoked at any time by the Chief of Police or his designee upon a showing that at the time of application any statement made by the
applicant was false or because of occurrences after the issuance of the permit showing that the permittee could not at that time truthfully give the oath required in this section.
- It shall be unlawful for any driver or owner of a taxicab to engage in selling of alcoholic beverages,
controlled substance, or solicit business for any other unlawful purpose.
8. Manifest.
Every driver shall maintain a daily manifest upon which are recorded trips that are made each day showing
time and place of origin and destination of each trip, and all such completed manifests shall be returned to the owner by the driver at the conclusion of his tour of duty. Each entry on the manifest must be made
immediately upon completion of each trip.
- Every holder of certificate of public convenience and necessity shall retain and preserve all manifests
in a safe place for at least two years and made available to the police department for examination at any time.
9. Certificate of public conveyance and necessity.
No person or business shall operate or permit a taxicab owned or controlled by him or it to be operated as a
vehicle for hire within the Town of Waynesville without having first applying for and obtaining a certificate of public conveyance and necessity from the Chief of Police or his designee. The information to be
provided on and with such application is as follows:
- The name and address of the applicant.
- The number of vehicles to be operated or controlled by the applicant and the location of proposed
taxi lots or terminals.
- A sworn statement by applicant in the same form as set forth under paragraph 6(c) herein.
Furthermore, any certificate issued under this paragraph shall be subject to revocation upon a showing that those matters set forth under paragraph 6(c) apply to applicant.
- Proof of financial responsibility as required by North Carolina General Statute 20-280.
- The owner of each vehicle used as a taxicab shall purchase the appropriate privilege license from
the Town of Waynesville for each vehicle at the prevailing rate. The cost of this license is subject to change without prior notification.
10. Suspension or revocation.
A certificate issued under the provisions of this article may be revoked or suspended by the Chief of Police
or his designee if the holder therefore has:
- Violated any of the provisions of this article.
- Violated any state or federal statutes pertaining to the operation of taxicabs.
- (b) Suspension or revocation shall be immediately effective upon written notice being given to the
holder at which time the holder shall cease operations. Upon receiving notice of suspension or revocation the holder shall be given notice of said action and may appear before the Chief of Police or his
designee.
- No certificate of public convenience and necessity may be sold, assigned, or otherwise transferred.
- This ordinance shall be effective on July 1, 2007.
Adopted this 13th day of February, 2007.
TOWN OF WAYNESVILLE
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ATTEST: Henry B. Foy
Mayor
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Phyllis R. McClure
Town Clerk
APPROVED AS TO FORM:
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Woodrow H. Griffin
Town Attorney
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