Statesville City Zoning Code

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Certificate means certificate of public convenience and necessity issued by the council licensing the operation of a taxicab.

Council means the city council.

Cruising means the movement of unoccupied taxicabs over the public streets in search of, or soliciting, prospective passengers for hire, except that an unoccupied taxicab proceeding to answer a telephone call for taxicab service from an intending passenger, and taxicabs returning by the most direct route after having discharged a passenger to the garage where the taxicab is housed or to its depot or terminal nearest to the place of discharge of the passenger shall not be considered cruising.

Driver means any person who drives a taxicab.

Inspector means the inspector of taxicabs of the city.

Memorandum certificate means the card issued by the inspector to a taxicab owner for display within a taxicab indicating that such taxicab has been granted a certificate of public convenience and necessity.

Owner means any person to whom a certificate of public convenience and necessity for the operation of a taxicab has been issued.

Person means any individual, partnership, association, corporation or other organization owning or operating or proposing to operate any taxicab within the city.

Rate card means the card provided by the owner of a taxicab which is approved by the inspector and which describes the schedule of fares charged by the taxicabs.

Street means and includes any street, lane, alley, avenue or highway within the city limits and outside of the city limits within one (1) mile thereof at any point.

Taxicab means and includes any motor vehicle not on a regular scheduled route operating upon any street, on call or demand, accepting or soliciting passengers indiscriminately for hire between such points along such streets or highways as may be directed by the passenger being transported, and shall not include motor vehicles or motor vehicle carriers as defined in G.S. § 62-103(k).

(Code 1959, § 20-1)

Cross reference— Definitions and rules of construction generally, § 1-2.

It is unlawful to engage the services of any taxicab or other public passenger conveyance with the intention of being transported free or not intending at the time to pay the usual fare for such transportation. The willful failure to pay for such transportation or service shall be considered as prima facie evidence of a fraudulent intention to procure the services or transportation.

(Code 1959, § 20-1.1)

(a)

Any person, owner, operator or driver who shall violate any provision of this chapter shall be subject to penalties as provided in subsection (b), and for the purpose of this chapter it shall be considered that each day during which any provision of this chapter is violated shall constitute a separate and distinct offense.

(b)

Any violation of any provision of this chapter shall subject the offender to a civil penalty as provided in section 1-7. If the person violating any provision of this chapter is a corporation, the officer, agent or employee thereof who shall violate or procure, aid, or abet any violation of any of the provisions of this chapter shall be subject to the same penalties as if he himself had committed such violation, and upon conviction of any violation of the provisions of this chapter, the council may suspend or revoke any certificate of necessity held by such person. The inspector of taxicabs may suspend or revoke the permit of any driver for the violation of any provision of this chapter.

(Code 1959, §§ 20-2, 20-3; Ord. No. 25-87, 6-15-87)

There is established in the police department of the city a taxicab inspector to be under the control of, appointed by and directly responsible to the chief of police.

(Code 1959, § 20-4)

No person shall operate any taxicab in the city without first having obtained a certificate from the council authorizing such operation.

(Code 1959, § 20-5)

All persons applying to the council for a certificate for the operation of one (1) or more taxicabs shall file with the council a sworn application therewith, in triplicate, on a form provided by the inspector.

(Code 1959, § 20-8)

For the purpose of administering the provisions of this chapter it is determined and declared that twenty (20) taxicabs are all that public convenience and necessity require at this time and until the council shall determine that public convenience and necessity require a greater number, certificates will not be issued to exceed that number.

(Code 1959, § 20-6)

(a)

No certificate shall be granted until the council shall, after hearing, declare by resolution that public convenience and necessity require the proposed taxicab service.

(b)

In determining whether public convenience and necessity require the operation of a taxicab for which application for a certificate is made the council shall consider and investigate:

(1)

Whether the demand of the public requires additional taxicab service;

(2)

The adequacy of existing mass transportation and taxicab service;

(3)

The financial responsibility and experience of the applicant;

(4)

The ability of the applicant to earn a fair return on the capital invested;

(5)

The number, kind and type of equipment;

(6)

The effect which such additional taxicab service may have upon traffic congestion and parking;

(7)

Whether the additional taxicab service will result in a greater hazard to the public;

(8)

Such other relevant facts as the council may deem advisable or necessary.

(Code 1959, § 20-7)

The owner of each taxicab which is granted a certificate shall pay the license fee specified by ordinance to the city clerk for each cab so licensed. Such license fee shall be in addition to, and not in lieu of, any other license fee and charge established by proper authority and applicable to taxicabs in this city.

(Code 1959, § 20-9)

(a)

Before a certificate is issued to any owner, the taxicab for which a certificate is requested shall be submitted to the inspector of taxicabs for inspection and the inspector shall ascertain whether such taxicab submitted for inspection complies with the provisions of this chapter.

(b)

No person owning, operating or controlling any motor vehicle operated as a taxicab within the city shall cause or suffer the same to be operated as a taxicab unless he shall first submit such cab for inspection to the inspector of taxicabs of the city and shall have obtained therefrom a certificate to the effect that the taxicab conforms to the requirements of the statutes of the state and to the requirements of this chapter and all other applicable ordinances.

(Code 1959, §§ 20-10, 20-11)

Having declared that public convenience and necessity require the proposed taxicab service, the council may grant to every person who has filed application therefor as provided in this article, a certificate of public convenience and necessity for such taxicab, subject to such conditions as the council may deem that public convenience and necessity require, provided:

(1)

The owner thereof has complied with all the provisions of this chapter;

(2)

The vehicle for which application for certificate is made shall have been found to be in strict compliance with this chapter;

(3)

The court record of the applicant is not such as would make it against the public interest for such application to be granted;

(4)

There are no unpaid or unbounded judgments of record against such owner.

(Code 1959, § 20-12)

For each taxicab for which a certificate has been granted a memorandum certificate shall be issued, in such form as the inspector may from time to time prescribe. Such memorandum certificate shall be displayed at all times in a conspicuous place, in the taxicab for which issued, as provided in section 22-56.

(Code 1959, § 20-13)

All certificates shall expire on June 30 of the fiscal year during which such certificate was granted.

(Code 1959, § 20-14)

Upon application, prior to the termination of each fiscal year, the council may renew any certificate, or cause a new certificate to be issued for the ensuing year, in the absence of any contrary evidence and finding of the council regarding the continued necessity for such taxicab service.

(Code 1959, § 20-15)

No certificate may be assigned or transferred except upon written application to the inspector setting forth the purpose, terms and conditions of such assignment or transfer. The inspector shall, after investigation, refer same to the council for approval or disapproval.

(Code 1959, § 20-16)

Change of ownership of or title to any taxicab shall automatically revoke any certificate previously granted for the operation of such taxicab. The purchaser of any such taxicab may not operate such vehicle as a taxicab until he has applied for and been granted a new certificate in the manner provided in this article. For the purposes of this chapter, a change of ownership is deemed to have taken place in addition to other methods usually employed if the owner of any taxicab leases the same to any person under any lease or other arrangement whereby such person shall have the right upon the payment of an amount of money or other consideration to acquire title at any future date to such taxicab or any other thing of value.

(Code 1959, § 20-17)

Wherever an owner sells or transfers title to a vehicle for which a certificate has been granted, and such vehicle is retired from use as a taxicab, within thirty (30) days after such sale or transfer, the owner may purchase other taxicabs as replacements and the council shall, as a matter of right, upon written application to the council within thirty (30) days of such purchase, issue a new certificate for the operation of no greater number of taxicabs than those so sold or transferred provided the owner has complied with all the provisions of this chapter. The owner shall have the right to operate the same number of taxicabs as he was operating prior to such transfer or sale during the interim sixty-day period provided his new equipment complies with the requirements of this chapter.

(Code 1959, § 20-18)

Any owner whose taxicab for which a certificate has been granted has been destroyed involuntarily or who voluntarily destroys any taxicab will, as a matter of right, upon written application to the council within thirty (30) days after such destruction, be issued a new certificate for the operation of no greater number of taxicabs than those so destroyed, provided satisfactory evidence is presented to the council of such destruction, and provided further that the owner has complied with all the provisions of this chapter. Such owner shall have the right to operate the same number of taxicabs as he was operating prior to such destruction during the interim thirty-day period provided his new equipment complies with the requirements of this chapter.

(Code 1959, § 20-19)

(a)

Certificates may be suspended or revoked by the council at any time in case:

(1)

The council finds the owner's past record to be unsatisfactory;

(2)

The owner fails to operate the taxicab in accordance with the provisions of this chapter;

(3)

The owner shall cease to operate any taxicab for a period of thirty (30) consecutive days without having obtained written permission for cessation of such operation from the inspector;

(4)

For any other reason which the council may deem warrants suspension or revocation;

(5)

The owner allows an unauthorized person to operate his cab for hire.

(b)

No certificate shall be revoked unless and until forty-eight (48) hours' notice of hearing shall have been given to the holder of such certificate and such hearing is duly had.

(Code 1959, § 20-20)

Certificates which shall have been suspended or revoked by the council shall forthwith be surrendered to the inspector together with all memorandum certificates and rate cards and the operation of any taxicab covered by such certificate shall cease. Any owner who shall permanently retire any taxicab from taxicab service and not replace same within thirty (30) days thereof shall immediately surrender any certificate granted for the operation of such taxicab to the inspector and the owner may not secure additional certificates for the operation of any taxicab without having first made application therefor in the manner provided in this article.

(Code 1959, § 20-21)

Every taxicab shall be operated in accordance with the laws of the state, the ordinances of the city and with due regard to the safety, comfort and convenience of the passengers, the safe and careful transportation of property and for the safety of the general public.

(Code 1959, § 20-22)

No vehicle shall be operated as a taxicab unless it conforms with provisions of this chapter.

(Code 1959, § 20-23)

(a)

No taxicab shall be operated and no certificate shall be granted until the owner or operator has presented evidence of his compliance with the provisions of G.S. § 20-280 and this section.

(b)

Every taxicab owner operating in the city shall file with the council and keep in effect at all times a policy of insurance with some insurance company duly licensed by the state insurance commission to do business in the state or provide a surety bond approved by the council with solvent surety in the total amount or the penal sum specified below, conditioned on such owner responding in damages for any liability incurred on account of any injury to persons or damage to property resulting from the operation of any taxicab operated by him in the following amounts:

(1)

Fifty thousand dollars ($50,000.00) for injury to one (1) person in any one (1) accident;

(2)

One hundred thousand dollars ($100,000.00) for injury to two (2) or more persons in any one (1) accident;

(3)

Fifty thousand dollars ($50,000.00) for property damage in any one (1) accident.

(c)

The above amount of public liability insurance or a penal bond of fifty thousand dollars ($50,000.00) shall be carried on each taxicab for which a certificate is granted.

(d)

If a judgment is rendered against any such owner in any court of competent jurisdiction by reason of any accident for which the insurance policy or bond is herein provided, the owner shall, within twenty-four (24) hours after the rendition of such judgment, increase the total amount of the insurance or the penal sum of the bond so that there shall be kept in effect, in the manner contemplated by law and this chapter, insurance or bond upon which there may be recovery of not less than the minimum provided herein.

(e)

No taxicab shall be operated within the city unless the insurance policy or bond provided for in this section is on file with the council and is in full force and effect, and unless a certificate thereof identifying the vehicle by motor serial number is carried in the cab and displayed upon demand of any police officer.

(f)

Every bond filed hereunder shall contain a provision and every insurance policy filed hereunder shall contain a provision or have an endorsement that no cancellation thereof shall be effective until not less than five (5) full days or twenty-four (24) hours each have elapsed from the actual receipt of notice of the proposed cancellation by the council. The person to whom notice of cancellation is given as herein provided shall note thereon in writing the date and hour at which the notice of cancellation was received.

(g)

If the taxicab owner who filed the bond or insurance policy shall not provide another bond or insurance policy as required by this section before the cancellation becomes effective, all taxicab operations by him in the city shall cease at the time the cancellation becomes effective, and his certificate and other rights under this chapter shall be automatically suspended.

(Code 1959, §§ 20-24, 20-25)

No person shall operate a motor vehicle as a taxicab until such vehicle has been registered in accordance with requirements in this state and all proper licenses have been obtained therefor.

(Code 1959, § 20-26)

No taxicab shall operate in the city unless the same has a depot or terminal on private property.

(Code 1959, § 20-27)

Every taxicab driver shall at all times properly display the owner's memorandum certificate, rate card and taxicab driver's permit. These items may be displayed on the visor of the front windshield provided they are at all times in view of a passenger in the rear seat.

(Code 1959, § 20-28)

(a)

The name of the taxicab company, taxicab number and telephone number shall be painted with permanent paint on both front doors of each cab with letters and numbers at least four (4) inches high or greater on sides and with a four-inch or greater cab number on rear. If the name Statesville, North Carolina is used this lettering may be two (2) inches or greater. Colors of paint to be used for lettering and numbers shall be of sharp contrast with the color of surface paint to which this is applied, so as to be easily visible at a reasonable distance, especially at nighttime with streetlights. No lettering or numbers shall be acceptable which have been painted upon a sheet of metal or other material which in turn can be removed or detached to conceal the identification of the cab company and cab number.

(b)

No banners, cards or other advertising matter shall be displayed on taxicabs on either side or rear in such a manner as to cover or obscure the lettering required on taxicabs under this section.

(Code 1959, § 20-29)

(a)

Every owner and operator shall file with the inspector his name, business address, home address, business and home telephone numbers, and a list showing the serial numbers and make of all taxicabs owned and operated by him and the names of all drivers, and license numbers and addresses, and shall, within forty-eight (48) hours after any change in connection therewith, report such change to the inspector.

(b)

In case more than one (1) owner operates under the same name, the operator shall make all reports required by this chapter in behalf of all owners operating under his name.

(Code 1959, § 20-30)

Every taxicab owner or operator shall make an inspection, at least once each week, of all taxicabs owned and operated by him, and shall keep all taxicabs in proper repair and sanitary condition at all times. Any taxicab found by the owner and operator to be unsafe and unsanitary shall have such repairs and alterations made as may be necessary and he shall not operate or permit to be operated any taxicab that is unsafe and unsanitary.

(Code 1959, § 20-31)

All accidents from or in connection with the operation of taxicabs shall be reported immediately to the police department. It shall be the duty of the police department to investigate and keep proper records of all accidents in which taxicabs are involved and report the same to the taxicab inspector.

(Code 1959, § 20-32)

(a)

Subject to constitutional limitations, the inspector or his agent shall have the right, at any time, after displaying proper identification, to enter into or upon any taxicab being operated under the provisions of this chapter for the purpose of reinspecting or ascertaining whether or not any of the provisions of this chapter are being violated.

(b)

Any taxicab which is found after inspection to be unsafe or in any way unsuitable, or to be operated in violation of any of the provisions of this chapter, may be immediately ordered out of service by the inspector and, before again being placed in service, shall be reinspected and approved.

(Code 1959, § 20-33)

State Law reference— Administrative search and inspection warrants, G.S. § 15-27.2.

The inspector of taxicabs shall examine the taxicab at least once every six (6) months, particularly on the following points:

(1)

Footbrakes and hand or parking brakes;

(2)

Front and rear bumpers;

(3)

Spare tire properly inflated;

(4)

Heater sufficient to heat the interior of the cab;

(5)

Rearview mirror for driver;

(6)

Speedometer in good order;

(7)

Dual windshield wiper;

(8)

Lights, as approved by the motor vehicle bureau; a passenger compartment light with accessible switch.

(Code 1959, § 20-34)

State Law reference— Administrative search and inspection warrants, G.S. § 15-27.2.

(a)

All taxicab bodies shall have four (4) doors, two (2) leading to the passengers' compartments and two (2) leading into the driver's compartment, so constructed that they may be opened from the inside and outside, and shall be constructed with a double or safety lock.

(b)

Floor mats shall be provided of rubber or other nonabsorbent and washable material, and shall be removable.

(c)

The windshield and all windows shall be of nonshatterable safety glass.

(Code 1959, § 20-35)

(a)

It shall be unlawful for any taxicab to be operated for public hire unless it is equipped with a taximeter which must be used as provided in this section.

(b)

A taximeter is a mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated either for distance traveled or for waiting time or both and upon which such charge shall be indicated by means of legible figures which are electrically lighted each time the taximeter flag is thrown from nonearning to earning position.

(c)

Every taxicab shall have affixed thereto and must use a taximeter of a size and design which shall conform to the following specifications:

(1)

Must register upon visual counters the following items:

a.

Total miles;

b.

Paid miles;

c.

Number of units;

d.

Number of trips.

(2)

Must be furnished with a tamperproof switch and system of electrical distribution so that when the taximeter is in the vacant or nonearning position the light on the top of the taxicab shall be lighted and when the meter flag is thrown to an earning position the fare indicator on the taximeter will be lighted, simultaneously extinguishing the light on the top of the taxicab.

(3)

No person shall use or permit to be used upon any taxicab a taximeter which shall be in such a condition as to be over five (5) percent incorrect to the prejudice of any passenger.

(4)

No certificate shall be issued to a taxicab until the taximeter attached thereto has been inspected and found to be accurate.

(5)

No person shall use, or permit to be used or driven for hire, a taxicab equipped with a taximeter the case of which is unsealed and the cover and gear of which are not intact.

(6)

No driver of a taxicab equipped with a taximeter while carrying passengers or under employment shall display the signal affixed to such taximeter in such a position as to denote such vehicle is not employed, or rate of fare different from that to which he is entitled under the provisions of this chapter. It shall be the duty of the driver to call the attention of passengers to the amount registered and the taxicab flag shall not be changed to the vacant position until after the fare is paid. If demanded by the passenger the driver in charge of a taxicab shall give to the person paying for the hiring of the same, at the time of such payment, his name, permit number, taxicab number and the name of the owner. It shall be unlawful for any driver to carry any person without the earning signal on the taximeter being in operation.

(7)

No person shall drive a taxicab to which is attached a taximeter that has not been duly inspected and approved. It shall be unlawful to change the size of the wheels or tires of a taxicab which would cause five (5) percent tolerance to be exceeded, or to change the gears operating the taximeter from one (1) taxicab to another unless the taximeter is retested and approved by the taxicab inspector.

(Code 1959, § 20-36)

It shall be unlawful for any person owning, operating or driving a taxicab to operate or drive such taxicab unless the taximeter is used in determining the fare to be charged and no other or different fare shall be charged to a passenger than is recorded on the reading face of the taximeter for a trip, except that the hourly rate may be used by mutual agreement between the passenger and the owner of the taxicab. No other rates or methods of measuring the distance or time charged shall be allowed except as provided under rates of fare as provided in section 22-66.

(Code 1959, § 20-37)

(a)

The maximum and the minimum rate, for any trip to any point within the city limits, for transporting one (1) to five (5) passengers from the same point of origin to the same destination shall be:

(1)

Two dollars and fifty cents ($2.50) for the first one-half mile or fraction thereof.

(2)

Thirty cents ($0.30) for each additional one-eighth mile or fraction thereof.

(3)

Taxicabs operated for hire by the hour shall not charge rates in excess of the following: Thirty dollars ($30.00) per hour or fifty cents ($0.50) for each minute or fraction thereof.

(4)

There will be, in addition to the regular fare, a twenty-five-cent charge for small packages, parcels, groceries and luggage not weighing fifty (50) pounds, or any other articles transported by the cab operator and/or which are of such size or nature that same cannot be held by the passenger being transported to or from a bus, train or plane depot.

(5)

Footlockers: Fifty cents ($0.50) each.

(6)

Trunks: One dollar ($1.00) each trunk.

(7)

Bulky items: Fifty cents ($0.50) for each article, container or commodity (such as, but not limited to, bags, cartons, boxes or crates of groceries, coal, fuel, fertilizer, rolls of roofing paper, etc.) not heretofore mentioned, weighing more than fifty (50) pounds.

(b)

The provisions of this section shall not be construed to prohibit the driver from stopping at one (1) or more points on the trip and picking up additional passengers to be transported in accordance with these rates.

(Code 1959, § 20-38; Ord. No. 53-90, 11-19-90; Ord. No. 20-2000, 3-20-2000)

No driver shall operate a radio in any taxicab while the same is being used to transport passengers for hire in the city; provided, however, that this section shall not prohibit the use in any taxicab operating under the provisions of this chapter of a radio device for the purpose of receiving instructions for the carrying of passengers directed through such radio device from the office of headquarters of the person or company under whom the taxicab is being operated.

(Code 1959, § 20-39)

All drivers of taxicabs shall be cleanly and neatly dressed while operating a taxicab.

(Code 1959, § 20-51)

Every driver shall thoroughly search his taxicab at the termination of each trip for lost articles which may be left in the cab by passengers. Any article found shall be immediately returned to its rightful owner, if known; otherwise, it should be deposited with the owner or operator of the cab and shall, within twenty-four (24) hours, be reported and turned over to the inspector of taxicabs.

(Code 1959, § 20-52)

No driver shall cruise in search of passengers at any time. Whenever a taxicab is unoccupied the driver shall proceed at once by the most direct route to the garage where the vehicle is housed or to its nearest depot or terminal.

(Code 1959, § 20-53)

No owner, driver or other person shall solicit patronage in a loud or annoying tone of voice or by any sign, or in any manner annoy any person or obstruct the movement of any person or follow any person for the purpose of soliciting patronage.

(Code 1959, § 20-54)

Whenever any taxicab is occupied by a passenger the driver shall not permit any other person to occupy or ride in the taxicab if the original passenger objects thereto. If a child under sixteen (16) years of age is the original passenger, no other passengers shall be permitted in the cab. However, nothing in this section shall prohibit taxicabs from transporting more than one (1) child to school when the children, parent and/or guardian agree to such an arrangement.

(Code 1959, § 20-55)

No driver shall permit more persons to be carried in a taxicab in the city at any one (1) time than the seating capacity of the taxicab, including the driver, children in arms excepted.

(Code 1959, § 20-56)

No driver shall transport in a taxicab any person who is not a bona fide passenger. This section shall not apply to the transportation of the members of the immediate family of the driver during such time as the taxicab is not available for public hire.

(Code 1959, § 20-57)

No driver shall refuse or neglect to convey any orderly person upon request, unless previously engaged or unable or forbidden by the provisions of this chapter to do so.

(Code 1959, § 20-58)

(a)

No driver shall deceive or attempt to deceive any passenger or prospective passenger as to his destination or rate of fare to be charged, nor shall he convey or cause to be conveyed any passenger to a place other than directed, nor shall he take a longer route to the destination directed by the passenger than necessary, unless requested to do so by the passenger.

(b)

All drivers shall comply with all reasonable and lawful requests of passengers as to speed and routes to be taken.

(Code 1959, § 20-59)

Taxicab drivers shall report in writing any motor vehicle law violation conviction and/or any criminal law violation conviction to the taxicab inspector within ten (10) days of the conviction. Failure to do so shall result in a thirty-day revocation of the driver's permit.

(Code 1959, § 20-50(o))

No person shall drive a taxicab within the corporate limits of the city without first having obtained a taxicab driver's permit from the inspector.

(Code 1959, § 20-41)

The taxicab inspector shall, at his discretion, be authorized to issue a learner's permit for a period not to exceed thirty (30) days.

(Code 1959, § 20-42)

No taxicab operator or owner will be allowed more than three (3) driver's permits per vehicle.

(Code 1959, § 20-43)

Applications for taxicab driver's permits, as required in this division shall be made upon blanks furnished by the city for such purposes. The applicant shall state, among other things, his name, address, physical condition, physical description, former employers, present or prospective employer, court record and state chauffeur's license number. Photographs of the applicant will be made by the inspector, the current established rate for the cost of the photographs to be paid by the applicant to the inspector.

(Code 1959, § 20-44)

(a)

The inspector of taxicabs shall investigate the applicant for a taxicab driver's permit in any way he sees fit and confirm the facts stated in the application for such permit.

(b)

The inspector shall deny the permit if any of the following factors exist with reference to the permit applicant:

(1)

Conviction of a felony against this state, or conviction of any offense against another state which would have been a felony if committed in this state;

(2)

Violation of any federal or state law relating to the use, possession or sale of alcoholic beverages or narcotic or barbiturate drugs;

(3)

Addiction to or habitual use of alcoholic beverages or narcotic or barbiturate drugs;

(4)

Violation of any federal or state law relating to prostitution;

(5)

Habitual violation of traffic laws or ordinances.

If none of the above factors exists, he shall grant the permit.

(Code 1959, § 20-48)

(a)

The applicant for a taxicab driver's permit shall pay to the inspector the sum established by ordinance, which shall accompany the application.

(b)

The fee shall be for a permit to drive a taxicab within the city for the period of one (1) year, commencing July 1 and terminating on June 30 of each year.

(c)

If no license is issued to the applicant, the portion of the permit fee established by ordinance will be returned and the remainder will be retained by the city to defray the expense of investigating the applicant. If a taxicab driver's permit is suspended for any cause as provided in this chapter there shall be no refund of the fee paid for the driver's permit.

(Code 1959, § 20-45)

Taxicab driver's permits must be renewed before July 1 of each year. A charge in the amount established by ordinance shall be made for renewal of each driver's permit, in addition to any photography charges that may apply. Drivers failing to renew their permits before July 1 must file a new application and pay the required application fee, in addition to any photography charges that may be applied.

(Code 1959, § 20-46)

The inspector at any time after the issuance of a permit to any person to drive a taxicab shall revoke or suspend the same if the person holding such a permit shall be convicted of any of the following offenses, for the period set forth below:

(1)

Manslaughter by automobile:

a.

Twelve (12) months for the first offense.

b.

Permanent revocation for the second offense.

(2)

Speeding within a twelve-month period:

a.

Thirty (30) days for the second offense.

b.

Twelve (12) months for the third offense.

(3)

Reckless driving within a twelve-month period:

a.

Thirty (30) days for the first offense.

b.

Three (3) months for the second offense.

(4)

Violation of prohibition laws:

a.

Twelve (12) months for the first offense.

b.

Permanent revocation for the second offense.

(5)

Aiding and abetting in violation of the prohibition laws:

a.

Six (6) months for the first offense.

b.

Twelve (12) months for the second offense.

c.

Permanent revocation for the third offense.

(6)

Operation of automobile while under the influence of intoxicating liquors or narcotic drugs or other drugs such as to constitute an offense under G.S. § 20-138 or 20-139:

a.

Permanent revocation for the third offense in any five-year period, provided that the permit shall be considered revoked for the time period for which a limited driving privilege has been granted by a court under G.S. § 20-179(b).

b.

Permanent revocation for the first offense if the offense occurs while the driver is operating his vehicle for hire.

(7)

Violation of any of the provisions of G.S. § 14-204 in regard to prostitution and assignation, permanent revocation for first offense.

(8)

Felony:

a.

Twelve (12) months for first offense.

b.

Permanent revocation for second offense.

(9)

Violation of any traffic laws or regulations:

a.

Twelve (12) months for any three (3) convictions.

b.

Permanent revocation for any two (2) convictions in any subsequent twelve-month period.

(10)

Operating after license suspended or revoked and before reinstatement, an additional twelve (12) months.

(11)

Cruising and picking up passengers and charging less than the established fares:

a.

Sixty (60) days for the first offense.

b.

Twelve (12) months for the second offense.

(12)

Violation of federal or state statutes relating to use, possession or sale of narcotic drugs, permanent revocation.

(13)

Making false statements as to the facts within the applicant's knowledge in driver's permit application, permanent revocation.

(14)

Being a habitual user of intoxicating liquors or narcotic drugs, permanent revocation.

(Code 1959, § 20-50)

Any person who fails accurately and completely to furnish all of the data, information and material required in this article, or who falsely represents any information in his application, or fails to state in detail his court record in any court of competent jurisdiction, shall automatically have his certificate and his taxicab driver's permit revoked by the city council.

(Code 1959, § 20-47)