HomeMy WebLinkAboutStaff Report 2.A 08/01/20051
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ORDINANCE NO. 2217 N.C.S.
EFFECTIVE DATE
OF ORDINANCE
Introduced by
2.A
August 1, 2005
Seconded by
AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA ADOPTING NEW TAXICAB
REGULATIONS AND AMENDING CHAPTERS 14.04, 14.08, 14.16, 14.20, 14.24 AND 14.28
RELATING TO TAXICAB OPERATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. A new Chapter 14.17, entitled, "Taxicab Regulations," is hereby added to the
Petaluma Municipal Code to read as follows:
CHAPTER 14.17
TAXICAB REGULATIONS
Sections:
14.17.010
Definition
14.17.020
Business license.
14.17.030
Driver's permit.
14.17.040
Taxi meters.
14.17.050
Charges visible.
14.17.060
Rates and information to be displayed.
14.17.070
Excessive charges.
14.17.080
Maintenance.
14.17.090
Route.
14.17.100
Failure to pay unlawful.
14.17.110
Insurance.
14.17.120
Suspension or revocation of driver's permit card.
14.17.130
Alcohol/controlled substance testing.
14.17.140
Appeals.
14.17.150
Certificate holders to indemnify city.
14.17.160
Exempt from other requirements.
Ordinance No. 2217 N.C.S.
Page 1
1 14.17.010 Definition.
2 For purposes of this chapter, "taxicab" means a motor vehicle regularly engaged in the
3 business of carrying passengers for hire, having a seating capacity of less than eight (8) persons
4 and not operated on a fixed route, upon a fixed schedule, or for a fixed rate. "Taxicab" shall
5 not include automobiles for hire, limousines, or buses as defined in the Petaluma Municipal
6 Code.
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8 14.17.020 Business license.
9 No person shall permit a taxicab owned or controlled by him/her to be operated, as a
10 vehicle for hire upon any street of the City, unless a business license has been issued for
11 operation of a taxicab by the Finance Director. The Finance Director shall not issue a business
12 license to a taxicab owner until the owner complies with the provisions of this chapter including,
13 but not limited to, the insurance requirements of section 14.17.110, the acquisition of a driver's
14 permit for each driver of a taxicab owned or controlled by the applicant, and written
15 authorization for the City Manager or the City Manager's authorized designee to inspect (for
16 compliance with the provisions of this Chapter) any taxicab owned or controlled by the owner.
17 The application for a business license pursuant to this section shall contain the information
18 required by section 14.12.010 and shall contain a statement, under penalty of perjury, that the
19 applicant has complied with all state law requirements relating to taxicabs.
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21 14.07.030 Driver's permit.
22 A. No person shall operate or drive any taxicab within the City unless such person has
23 obtained a driver's permit from the Police Department. A driver's permit shall be valid for
24 one year from the date of issuance. A taxicab operator who hires a driver for whom a
25 permit has been issued within a year prior to the date of hire shall notify the Police
26 Department that such driver is now employed by that taxicab operator.
27 B. The Police Department shall photograph and fingerprint each applicant for a driver's
28 permit. The Police Department shall keep such photographs and fingerprints on file at
29 the Department.
30 C. The driver's permit shall state the name of the driver and the employer, and shall contain
31 such additional information as the Police Department may require. A driver's permit shall
32 be void upon termination of employment. The employer shall notify the Police
33 Department upon termination of employment of a driver, and shall return the permit to
34 the Police Department.
Ordinance No. 2217 N.C.S. Page 2
I D. Prior to issuing a driver's permit, the Police Department shall determine whether the
2 applicant has a valid driver's license and shall review the applicant's driving history. The
3 Police Department shall not issue a driver's permit to the applicant if the Police
4 Department determines that:
5 1. The applicant's driving record shows a violation point count, of four (4) or more
6 points in the preceding twelve (12) month period, six (6) or more points in the
7 preceding twenty-four (24) month period, or eight (8) or more points in the
8 preceding thirty-six (36) month period;
9 2. The applicant has been convicted of a felony or of a crime involving moral
10 turpitude, or reckless driving or of driving under the influence of intoxicating liquor
11 or of narcotics, unless after investigation and report by the Chief of Police, the
12 City Council authorizes the issuance of the permit;
13 3. The applicant's driving history demonstrates that the applicant is not likely to
14 operate a motor vehicle in a safe manner; or
15 4. The applicant does not hold a valid California State driver's license.
16 E. The Police Department shall not issue a driver's permit to anyone under the age of
17 twenty-one (21) years.
18 F. The Police Department may charge a fee for processing each application for a driver's
19 permit. The fee shall be set by resolution of the City Council. The Police Department shall
20 immediately notify the applicant of a denial of issuance of a driver's permit by written
21 notice. The notice shall contain a statement of the facts upon which the Police
22 Department has acted in denying issuance of the driver's permit. The notice shall
23 contain a statement of the appeal procedure contained in Section 14.17.140.
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25 14.17.040 Taxi meters.
26 All taxicabs operated in the City of Petaluma shall be equipped with a taxi meter of such
27 type and design as may be approved by the City Manager or his authorized designee. The
28 owner of any taxicab shall keep the meter accurate at all times. The City Manager or his
29 authorized designee shall have the right to inspect such meters and upon discovery of any
30 inaccuracy to remove or cause to be removed from service any vehicle equipped with such
31 meter until the meter has been repaired and accurately adjusted.
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33 14.17.050 Charges visible.
34 The charge for any service to all patrons of a taxicab shall be calculated and indicated
35 by the taxi meter required by Section 14.17.040, which shall be placed in such vehicle so
Ordinance No. 2217 N.C.S. Page 3
I operated so that the reading dial showing the amount to be charged shall be well lighted and
2 readily discernible by a passenger riding in any such taxicab.
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4 14.17.060 Rates and information to be displayed.
5 Every taxicab shall have displayed in a conspicuous place in the passenger
6 compartment thereof at all times a sign stating in clearly legible characters the rates of fare
7 charged for carrying passengers therein, the driver's permit, the owner's name or the fictitious
8 name under which he operates, and the business address and telephone number of such owner
9 and business license number furnished by the City of Petaluma.
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11 14.17.070 Excessive charges.
12 A. No owner, operator or driver of any taxicab, shall in connection with any trip originating
13 or reaching its destination in the city, charge, collect, demand, receive or arrange for
14 any rate for such trip in excess of the amount authorized in accordance with the
15 schedule of rates set by resolution of the city council.
16 B. Any owner or driver who overcharges a taxicab fare shall be liable to the person who
17 hires the vehicle for the difference between the amount of the fare actually charged
18 and the amount of the fare filed in accordance with this chapter.
19 C. The remedies provided by this section are in addition to any other legal or equitable
20 remedies, and are not intended to be exclusive.
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22 14.17.080 Maintenance; operation.
23 A. It shall be unlawful for any owner or driver to operate, or cause to be operated, any
24 taxicab while the same or any of the equipment used thereon or therewith shall be in a
25 defective, unsafe, or unsanitary condition. Every taxicab shall at all times be subject to
26 the inspection of any Police Officer of the City of Petaluma.
27 B. No owner or driver shall transport any larger number of persons than can safely be
28 accommodated within the vehicle.
29 C. No driver of a taxicab shall refuse to transport any person who desires and requests to
30 purchase transportation in a sober and orderly manner, if such taxicab is in service and
31 available to the public generally for such transportation.
32 D. The interior of every taxicab operating within the City of Petaluma shall be thoroughly
33 cleaned at least once in every twenty-four hour period of operation.
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Ordinance No. 2217 N.C.S. Page 4
1 14.17.090 Route.
2 Any driver employed to carry passengers to a definite point shall take the most direct
3 route possible that will carry the passengers safely and expeditiously to their destination.
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5 14.17.100 Failure to pay unlawful
6 It shall be unlawful for any person to refuse to pay the legal fare of any taxicab after
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having hired the some, and any person who shall hire any taxicab with the intent to defraud the
person from whom it is hired shall be guilty of a misdemeanor.
14.17.110 Insurance
Before a license for the operation of any taxicab business shall be issued, and prior to
the operation of any of such taxicabs if a license has been issued, there shall be filed with the
Finance Director a policy of public liability insurance executed and delivered by a company
authorized to carry on an insurance business in the state, the financial responsibility of which
company shall theretofore have been approved by the city manager, by the terms of which the
insurance company insures the owner and licensee of the taxicab operation against loss by
reason of injuries to persons or property caused by the operation of such vehicle in the following
amounts: Comprehensive General Liability of Three Hundred Thousand ($300,000.00) per
occurrence for bodily injury, personal injury and property damages; automobile liability of Three
Hundred Thousand ($300,000.00) combined single limit per accident for bodily injury and
property damage; and Workers' Compensation and Employers Liability'as required by the Labor
Code of the State of California and Employers Liability of One Million Dollars ($1,000,000.00) per
accident; provided, however, that no policy of insurance issued by any mutual assessment or
reciprocal company as defined by the California Insurance Code of the State shall be
accepted by the city manager; and provided further, that such insurance shall not expire nor be
revocable, except upon written notice to the Finance Director at least thirty (30) days prior to
such expiration or revocation.
14.17.120 Suspension or revocation of driver's permit card.
The Police Chief or designee shall have the power to suspend or revoke a taxicab driver's
permit card issued under this chapter, on any grounds stated in this chapter or on any of the
following grounds:
A. Suspension, revocation or expiration of the driver's privilege granted by the California
Department of Motor Vehicles to operate a motor vehicle on the public highways of the
state;
Ordinance No. 2217 N.C.S. Page 5
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G.
The violation by the driver of any terms, conditions or requirements of this chapter;
Any act or omission of the driver or any fact or condition which, if it existed at the time the
application for a taxicab driver's permit card was filed, would have warranted the denial
of the application;
Failure of the driver to pay any judgment against the driver for personal injury or death,
or property damage arising out of the driver's operation of a taxicab, within thirty days
after the judgment has become final;
The driver consumed drugs or alcohol or is under the influence of drugs or alcohol while
on duty or is convicted of a crime relating to drugs or alcohol;
Overcharge, or the attempt to overcharge, taxicab fares by the driver, as prohibited by
section 14.17.070 of this chapter.
Any violation of a law or regulation of the State of California pertaining to operation of a
taxicab or motor vehicle.
14.17.130 Alcohol/controlled substance testing.
A. No business license shall be issued or renewed unless the applicant at the time of license
issuance or renewal files with the Finance Director a certification that the applicant
maintains a mandatory controlled substance and alcohol testing certification program
conforming to Parts 40 and 382 of Title 49 of the Code of Federal Regulations and
California Government Code Section 53075.5 for all drivers of vehicles operated under
the license.
B. No driver's permit shall be issued or renewed unless the applicant at the time of the
permit issuance or renewal files with the Police Department certification that the permit
applicant has tested negatively, within the past thirty days prior to submitting the
application, for controlled substances and alcohol under a mandatory controlled
substance and alcohol testing certification program conforming to Parts 40 and 382 of
Title 49 of the Code of Federal Regulations and California Government Code section
53075.5. Driver's permit applicants who test positively pursuant to the testing program
referenced herein shall be ineligible to apply again for a driver's permit during the five
year period following the positive test. Driver's permit renewal applicants who have
tested positively pursuant to random alcohol/controlled substance testing shall not be
eligible to apply for their driver's permit renewal until they have successfully completed
an accredited substance abuse program in accordance with Government Code
section 53075.5.
Ordinance No. 2217 N.C.S. Page 6
I C. Costs. The costs of taking an alcohol/controlled substance test of on employee shall be
2 paid by the taxicab company. The costs of taking an alcohol/controlled substance test
3 of a self-employed independent driver shall be paid by the driver.
4 D. Reporting. The written results of the alcohol/controlled substance test of an employee
5 driver or of a self-employed independent driver who has executed a release in favor of
6 the taxicab company shall be delivered to the taxicab. company. The taxicab
7 company shall immediately forward copies of the written results to the Police
8 Department.
9 E. Tests from another jurisdiction. A test meeting the requirements of this section that is
10 taken to obtain a driver's permit in another jurisdiction shall be accepted as though
11 conducted as part of the permit renewal process for the City of Petaluma for up to thirty
12 days from the date the test was taken. The prior test shall apply only for purposes of
13 renewing a driver's permit, so long as the driver has not tested positive thereafter.
14 However, a negative result from a test taken for another jurisdiction shall not satisfy the
15 pre-employment testing requirements to receive an initial permit as imposed by this
16 chapter.
17 F. All test results shall be confidential and shall not be released without the consent of the
18 driver, except as otherwise provided herein or authorized or required by law.
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20 14.17.140 Appeals.
21 Any person aggrieved by the determination of the Police Officer or Finance Director to
22 deny the issuance of or to revoke a driver's permit or business license may appeal such decision
23 to the City Manager. Such appeal shall be taken by filing a written notice of appeal with the
24 City Clerk within ten (10) days of the date of the decision to deny or revoke and shall set forth
25 the grounds for the appeal. A failure to file a timely appeal shall render the decision to deny or
26 revoke final. The City Manager shall set a time and place for a hearing on the appeal within ten
27 (10) days of the filing of the appeal. The City Manager's determination following the hearing
28 shall be in writing and shall be sent to the driver's permit or business license applicant. The
29 decision of the City Manager shall be final and conclusive.
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31 14.17.150 Business license holders to indemnify city.
32 Each holder of a business license for taxicab operations shall indemnify and hold
33 harmless the City against and from all damages, judgments, decrees, costs and expenditures
34 which the City may suffer or which may be recovered from or obtained against the City during
35 the time the business license is in force for or by reason of acts done by the owners, their
Ordinance No. 2217 N.C.S. Page 7
I employees or agents during the time such license is in force, or growing out of or resulting from
2 the exercise by such license holder of any or all of the rights and privileges granted by the
3 license, or any act of the servants or agents thereof, under or by virtue of the provisions of this
4 chapter or the license under which such owner is operating.
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14.17.160 Persons subject to chapter exempt from other licensing provisions.
All persons who shall come within the purview of and are subject to the terms of this
chapter shall be excepted from and not be subject to the terms of Chapters 6.04, 6.08, 6.28 and
6.36 relating to licenses.
Section 2. Chapters 14.04, 14.08, 14.16, 14.20, 14.24 and 14.28 of the Petaluma
Municipal Code are hereby amended in their entirety to read as follows:
Sections
14.04.010
14.04.020
14.04.030
14.04.040
14.04.050
14.04.060
14.04.070
14.04.080
14.04.090
14.04.100
14.04.110
14.04.120
CHAPTER 14.04
DEFINITIONS
Generally.
Automobile for hire.
Bus.
Central permit bureau.
Certificate.
Commission.
Driver.
License.
Owner.
Permit.
Rated capacity.
Street.
14.04.010 Generally.
For the purpose of this chapter, the following terms shall be deemed and construed to
have the meanings respectively ascribed to them in this section, unless from the particular
contents it clearly appears that some other meaning is intended.
14.04.020 Automobile for hire.
"Automobile for hire" means and includes every motor vehicle of private appearance
which is operated and hired from a public or private garage only, and the destination and route
Ordinance No. 2217 N.C.S. Page 8
1 of which are under the control of the passengers being carried therein, for a compensation
2 which is fixed in accordance with the distance traveled, waiting time, or both. The term
3 "automobile for hire" shall not include limousines, or taxicabs subject to regulation under
4 chapter 14.17.
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6 14.04.030 Bus.
7 "Bus" means every automobile or motor -driven vehicle by means of which passengers
8 are transported for compensation upon streets of the city, over predetermined routes and
9 between fixed termini, excepting automobiles for hire as defined in this chapter.
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14.04.040 Central permit bureau.
"Central permit bureau" means the central permit bureau in the assessor -tax collector
department of the city.
14.04.050 Certificate.
"Certificate" means the certificate of public convenience and necessity issued by the
council pursuant to the terms of this chapter authorizing the owner of any automobile for hire or
bus, as the case may be, to engage in the business of operating such vehicles upon the public
streets of the city for the purpose of transporting passengers for hire.
14.04.060 Commission.
"Commission" means the planning commission of the city.
14.04.070 Driver.
"Driver" means every person in immediate charge or control of or operating an
automobile for hire or bus, as agent, employee or otherwise, under the direction of the owner or
as owner.
14.04.080 License.
"License" means the driver's license issued to any person by the chief of police under this
chapter, indicating his individual qualification and authority to operate or drive a bus or
automobile for hire.
Ordinance No. 2217 N.C.S. Page 9
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14.04.090 Owner.
"Owner" means every person having the ownership, use or control of any bus or
automobile for hire, who operates or who proposes to operate any automobile for hire or bus
company as a business within the city limits.
14.04.100 Permit.
"Permit" means the authority issued to an owner authorizing him to operate or have
operated a specific automobile for hire or bus upon the public streets of the city.
14.04.110 Rated capacity.
"Rated capacity" means the number of individuals a bus or automobile for hire is
authorized and equipped to carry by the manufacturer of such vehicle, including standing
capacity, providing the bus is equipped with appropriate devices for the carriage of passengers
while standing.
14.04.120 Street.
"Street" means any place commonly used for the purpose of public travel within the city
limits.
CHAPTER 14.08
COMMERCIAL PASSENGER VEHICLE CERTIFICATES
Sections:
14.08.010
Required
14.08.020
Determination of convenience and necessity - Public hearings.
14.08.030
Conditions of granting generally.
14.08.040
Conviction of certain offenses.
14.08.050
Compliance with chapter.
14.08.060
Public convenience and necessity.
14.08.070
Where application made.
14.08.080
Contents generally.
14.08.090
Resolution as to stops, routes and schedules.
14.08.100
When expiration is automatic.
14.08.110
Standards of vehicular mechanical fitness and cleanliness.
Ordinance No. 2217 N.C.S.
Page 10
1 14.08.010 Required.
2 It is unlawful for any person to operate or cause or permit to be operated any
3 automobile for hire or bus in the city unless such person has first procured a certificate of public
4 convenience and necessity.
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14.08.020 Determination of convenience and necessity - Public hearings.
In determining whether the public convenience and necessity require the issuance of
any certificate, the council shall hold such public hearings as it may deem necessary.
14.08.030 Conditions of granting generally.
No certificate shall be issued under this chapter unless and until the minimum conditions
in Sections 14.08.040 through 14.08.060 are complied with.
14.08.040 Conviction of certain offenses.
The applicant shall not have been convicted of a felony or of a crime involving moral
turpitude, of reckless driving or of driving while under the influence of intoxicating liquor or of
narcotics, unless after investigation and report by the chief of police, the council authorizes the
issuance of such certificate.
14.08.050 Compliance with chapter.
The applicant shall have complied with all of the provisions of this chapter, including
satisfactory evidence that the minimum requirements for a bond or liability insurance required
by Section 14.28.120 have been met, and the performance bond required by Section 14.12.090
has been posted; provided, that if the applicant produces evidence satisfactory to the council
that the bond or liability insurance required by Section 14.28.120 will be procured and the
performance bond required by Section 14.12.090 will be posted prior to actual commencement
of operations, the certificate may be issued, conditioned upon becoming effective at such time
as the requirements of such Sections 14.12.090 and 14.28.120 are complied with by the
applicant.
14.08.060 Public convenience and necessity.
The council shall find that the public convenience and necessity requires the issuance of
the certificate. The council may, however, deny application for a certificate for any reasonable
cause which in its sound discretion is contrary to the public welfare.
Ordinance No. 2217 N.C.S. Page 11
1 14.08.070 Where application made.
2 All applications for certificates required by this chapter shall be made to the central
3 permit bureau.
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5 14.08.080 Contents generally.
6 Each certificate shall state the date of its issuance, the date of its expiration, if any, the
7 serial number thereof, and shall contain a simple, concise statement to the effect that the
8 owner is authorized to engage in a business of operating buses or automobiles for hire, as the
9 case may be, pursuant to the provisions of this chapter and the resolution granting such
10 certificate on file in the office of the city clerk.
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12 14.08.090 Resolution as to stops, routes and schedules.
13 Based on the request of the owner in his application for a certificate, or revision thereof,
14 and on the review and recommendation of the police chief and the commission, the council
15 shall, by resolution at the time of issuance of the certificate, specify and approve the location of
16 bus stops and routes and the contents of requested bus schedules. Such resolution shall be
17 referred to in and made a part of the certificate.
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19 14.08.100 When expiration is automatic.
20 Any certificate issued under this chapter shall automatically expire and be deemed
21 revoked and of no effect if the owner to whom it is issued:
22 A. Fails to have a permit issued to him to operate a bus or automobile for hire within sixty
23 days from the date of issuance of such certificate; or
24 B. If, after commencing operations, he shall suspend operations or cease or engage in the
25 business of selling transportation for hire within the city for a period of forty-five days.
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27 14.08.110 Standards of vehicular mechanical fitness and cleanliness.
28 In determining mechanical fitness and cleanliness of a bus as required by Section
29 14;12.020 or of other vehicles for hire as provided in Section 14.16.020 the police chief shall be
30 guided by the minimum standards of the rules and regulations promulgated by the State Public
31 Utilities Commission.
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Ordinance No. 2217 N.C.S. Page 12
I CHAPTER 14.16
2
3 AUTOMOBILE FOR -HIRE CERTIFICATES
4 Sections:
5 14.16.010 Application required -Contents.
6 14.16.020 Investigation -Recommendation by police chief.
7 14.16.030 Commission recommendations.
8 14.16.040 Action to grant or deny.
9 14.16.050 Council resolution to show certificate issuance terms.
10 14.16.060 Exemption from fee.
11 14.16.070 Issuance.
12 14.16.080 Suspension and revocation by council.
13 14.16.090 Non -Transferability.
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15 14.16.010 Application required -Contents.
16 All persons desiring to operate automobiles for hire in the city shall make application for a
17 certificate, which shall contain the following information:
18 A. All of the information required by Section 14.12.010;
19 B. A statement indicating the location of the garage from which the automobile will be
20 dispatched;
21 C. A general statement that the applicant has complied or prior to the commencement of
22 operations will comply with all of the terms and conditions of this chapter.
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24 14.16.020 Investigation -Recommendations by police chief.
25 Upon receipt of on application for a certificate for the operation of automobiles for hire
26 in the City, the central permit bureau shall refer the some to the police chief, who shall
27 investigate and report in writing to the city council the following matters:
28 A. The financial responsibility and experience of the applicant;
29 B. The probable effect of granting the application upon traffic and parking problems and
30 upon public safety;
31 C.
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The character and fitness of the applicant;
The mechanical condition, the safety, the cleanliness and appearance of the vehicle
and the equipment to be used in connection with the operations.
14.16.030 Commission recommendations.
Upon completion of the police chief's report and recommendation as to an automobile
for hire certificate application, he shall forward the application to the commission, which body
Ordinance No. 2217 N.C.S. Page 13
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shall make recommendations to the city council as to the location of dispatch points and the
effect on traffic in the city in general.
14.16.040 Action to grant or deny.
Upon receipt of any automobile for hire certificate application and the reports and
recommendations of the police chief and of the commission, the council shall approve or
disapprove the issuance of the certificate.
14.16.050 Council resolution to show certificate issuance terms.
If the issuance of a certificate is approved, the council shall determine the terms and
conditions upon which it shall be issued, including a determination as to the location of dispatch
points, the rates to be charged for service, the amount of the performance bond required by
Section 14.20.090, and the amount of compensation which must be paid to the city for the
privilege of operating. Such terms and conditions to be embodied in a resolution passed by the
council at the time it authorizes issuance of the certificate.
14.16.060 Exemption from fee.
Owners of automobiles for hire to whom certificate have been issued shall pay no fee or
consideration for the issuance of such certificates.
14.16.070 Issuance.
Upon receipt of the council's approval of any automobile for hire certificate application
and the resolution embodying the terms of the certificate, the central permit bureau shall issue
the certificate to the applicant thereof.
14.16.080 Suspension and revocation by council.
Certificates issued to owners of automobiles for hire may be suspended or revoked by
the council for violation of any of the terms of this chapter, for violation of any of the terms of
such certificate or for misuse or abuse of the privilege thereby granted.
14.16.090 Non -Transferability.
Certificates issued to owners of automobiles for hire shall be nontransferable.
Ordinance No. 2217 N.C.S.
Page 14
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CHAPTER 14.20
BUS AND AUTOMOBILE FOR -HIRE REGULATIONS
Sections:
14.20.010
Maximum number of passengers.
14.20.020
Drivers refusing transportation.
14.20.030
Deviations by buses.
14.20.040
Buses to observe designated stops only.
14.20.050
Drivers to take most direct routes.
14.20.060
Refusal to pay fare.
14.20.070
Display of names of owner and driver -Permit and license numbers.
14.20.080
Daily trip manifests required -Forms.
14.20.090
Certificate holders to keep available.
14.20.100
Maintenance records.
14.20.110
Drivers' badges.
14.20.120
How buses to be painted.
14.20.130
Display of permit numbers outside.
14.20.140
Display of route maps and fare schedules in buses.
14.20.150
Spot checks by police.
14.20.160
Interiors to be cleaned regularly.
14.20.170
When police chief to prohibit operation.
14.20.180
Certificate holders to maintain vehicles.
14.20.190
Certificate holders to indemnify city.
14.20.200
Maximum rates to be fixed by council - Overcharges prohibited.
14.20.210
Persons subject to chapter exempt from other licensing provisions.
28 14.20.010 Maximum number of passengers.
29 The owner or driver of a bus or automobile for hire shall not take into or transport any
30 larger number of passengers than the rates carrying capacity of such vehicle.
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32 14.20.020 Drivers refusing transportation.
33 No driver of a bus or automobile for hire shall refuse to transport any person who desires
34 and requests to purchase transportation in a sober and orderly manner, if such bus or
35 automobile for hire is in service and available to the public generally for such transportation.
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37 14.20.030 Deviations by buses.
38 No driver of any bus shall deviate from the route along which a certificate to operate the
39 some has been granted, or stop and turn back before reaching the terminus of such route;
40 provided, however, that if the regular traffic over the route of such bus has been diverted or
41 detoured by proper authority for any lawful reason, the driver of such bus may follow the
42 established detour route.
Ordinance No. 2217 N.C.S. Page 15
I Any bus may deviate not more than five blocks from such route to a church or school, or
2 to any public attraction or demonstration.
3 The council may, upon application, where it appears necessary, issue a temporary
4 authority to deviate from the established route. In any case of deviation from its authorized
5 route, except pursuant to diversion or detour by proper authority, a bus shall return at once to
6 the point of diversion and proceed from such point in the same direction in which it was going
7 before such deviation, until a terminus of such route is reached.
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9 14.20.040 Buses to observe designated stops only.
10 No driver of a bus shall stop the same for the purpose of picking up or discharging
11 passengers at points along its established route other than at the regularly designated stops
12 specified by the council at the time of issuance of the certificate to the owner.
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14 14.20.050 Drivers to take most direct routes.
15 Every driver of an automobile for hire shall proceed to the point of destination over the
16 most direct route possible that will carry the passenger to his destination safely and expeditiously,
17 unless otherwise requested by the passenger.
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19 14.20.060 Refusal to pay fare.
20 It is unlawful for any person to refuse to pay the lawful charge for transportation in a bus
21 or automobile for hire after employing or hiring the some.
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23 14.20.070 Display of names of owner and driver -Permit and license number.
24 Every bus or automobile for hire shall carry in a conspicuous position within the
25 unobstructed view of its passenger compartment in clear and legible lettering the name of the
26 owner of the vehicle, his city permit number for such vehicle, the name of the driver, the driver's
27 city license number and a picture of the driver. All of the foregoing shall be on a card of a size
28 and format approved by the chief of police.
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30 14.20.080 Daily trip manifests required -Forms.
31 Every driver of a bus or automobile for hire shall maintain a daily manifest upon which
32 there shall be recorded all trips made each day, showing the time and place of origin and the
33 destination of each trip and the amount of fare. All such completed manifests shall be returned
34 to the owner by the driver at the conclusion of his tour of duty. The forms for each manifest shall
Ordinance No. 2217 N.C.S. Page 16
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be furnished to the driver by the owner and shall be of a character approved by the chief of
police.
14.20.090 Certificate holders to keep available.
Every holder of a certificate shall safely retain and preserve each driver manifest for at
least one calendar year following the year in which the some was made up. The same shall be
available to the chief of police.
14.20.100 Maintenance records.
Owners to whom certificates are issued are required to maintain records of maintenance
service for each vehicle for which a permit has been issued and shall allow the chief of police or
his representative to inspect such maintenance record at any reasonable time.
14.20.110 Drivers' badges.
Every driver of a bus or automobile for hire shall wear a badge bearing the number of
the license issued to him under Section 14.24.050.
14.20.120 How buses to be painted.
Every bus shall be painted in the colors and according to the trade style specified in the
certificate issued to the owner.
14.20.130 Display of permit numbers outside.
Every bus shall be numbered in paint with its permit serial number on each side and on
the rear in such exact location and with the size of figures as the police chief shall prescribe.
14.20.140 Display of route maps and fare schedules in buses.
Every bus shall have displayed a sign within conspicuous view of the passengers therein,
showing the streets traversed by the bus, the termini of its route, the route number and the
amount of the charge for riding therein.
14.20.150 Spot checks by police.
Any member of the police department may, at any time, enter any bus or automobile
for hire and direct its operation for the purpose of determining its compliance with the provisions
of this chapter.
Ordinance No. 2217 N.C.S.
Page 17
1 14.20.160 Interiors to be cleaned regularly.
2 The interior of every automobile for hire and bus shall be thoroughly cleaned at least
3 once in every twenty-four hour period of operation.
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5 14.20.170 When police chief to prohibit operation.
6 The police chief shall prohibit any driver from operating any bus or automobile for hire
7 while such vehicle or any of its equipment is defective, unsafe or unsanitary.
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9 14.20.180 Certificate holders to maintain vehicles.
10 Every owner to whom a certificate has been issued is charged with the duty to see that
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the vehicles and equipment which he uses in the business covered by such certificate are at all
times in a completely safe operating condition, are clean and sanitary and are serviceable and
adequate for the purposes contemplated by the permit under which he operates.
14.20.190 Certificate holders to indemnify city.
Each holder of a certificate shall indemnify and save free and harmless the city against
and from all damages, judgments, decrees, costs and expenditures which the city may suffer or
which may be recovered from or obtained against the city during the time the certificate is in
force for or by reason of acts done by the owners, their employees or agents during the time
such certificates are in force, or growing out of or resulting from the exercise by such certificate
holder of any or all of the rights and privileges granted by his certificate, or any Oct of the
servants or agents thereof, under or by virtue of the provisions of this chapter, the resolution
authorizing the issuance of the certificate or the certificate under which such owner is operating.
14.20.200 Maximum rates to be fixed by council -Overcharges prohibited.
All rates charged by the owners of certificates shall be fixed and determined by
resolution of the council. It is unlawful for any owner of such certificate to charge more than the
rates so fixed and determined by the council.
14.20.210 Persons subject to chapter exempt from other licensing provisions.
All persons who shall come within the purview of and are subject to the terms of this
chapter shall be excepted from and not be subject to the terms of Chapters 6.04, 6.08, 6.28 and
6.36 relating to licenses.
Ordinance No. 2217 N.C.S. Page 18
I CHAPTER 14.24
2 DRIVERS' LICENSES
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4 Sections:
14.24.010
Required.
14.24.020
Application -Contents.
14.24.030
Application -Where to be made.
14.24.040
Manner and procedure of processing application.
14.24.050
Conditions of granting license.
14.24.060
Expiration.
14.24.070
Fees.
14.24.080
Contents.
14.24.090
Suspension or revocation by council.
14.24.100
Applicability of Sections 14.28.150 through 14.28.200 -Denial of
applications.
14.24.110
Change of employment -Police notifications.
14.24.120
Owners not to employ unlicensed drivers.
14.24.130
Transferability.
20 14.24.010 Required.
21 No person shall operate a bus or automobile for hire in the city unless he has first made
22 application for and been issued a driver's license under this chapter.
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24 14.24.020 Application -Contents.
25 The application for the license required by Section 14.24.010 shall contain the following
26 information.
27 A. The name, business address, residence address, residence telephone number, business
28 telephone number and the serial number of the driver's license held by the applicant
29 and the date of expiration thereof;
30 B. The date of the applicant's birth;
31 C. The citizenship of the applicant;
32 D. The length of time immediately preceding the date of the application during which the
33 applicant has continuously resided in the city;
34 E. The serial number of the state chauffeur's license held by the applicant and the date of
35 expiration thereof;
36 F. Whether the applicant has ever been convicted of reckless driving, or of driving while
37 under the influence of intoxicating liquors or narcotics, or of a crime involving moral
38 turpitude or of a felony;
39 G. A statement under oath made before an officer competent to take oath under laws of
40 the state, that the statements made in his application are to his own knowledge true;
Ordinance No. 2217 N.C.S. Page 19
I H. The name of the owner or person who will employ the applicant as a driver.
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3 14.24.030 Application -Where to be made.
4 All applications for licenses required by this chapter shall be made to the central permit
5 bureau.
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7 14.24.040 Manner and procedure of processing application.
8 Each application for a license required by this chapter will be processed, approved and
9 issued in the some manner and in accordance with the procedure for issuing permits contained
10 in Sections 14.28.080 to 14.28.100.
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12 14.24.050 Conditions of granting license.
13 No license required by this chapter shall be issued unless the following minimum
14 requirements have been complied with:
15 A. The applicant therefore shall have attained the age of at least twenty-one years;
16 B. Such applicant is a citizen of the United States.
17 C. Such applicant has not been convicted of reckless driving, or driving while under the
18 influence of liquor or narcotics, of a felony, or of a crime involving moral turpitude. If,
19 however, after careful investigation and report by the chief of police, the city council
20 finds that an applicant who has been convicted of any such offenses has since
21 sufficiently reformed and become rehabilitated to the extent that the operation by him
22 of an automobile for hire in the city would not be contrary to the safety and welfare of
23 persons engaging such services, in which case the council may, by resolution, authorize
24 the application to be granted;
25 D. Such applicant holds a valid state driver's license;
26 E. Such applicant has resided in the city continuously for thirty days next preceding the
27 date of his application. In the case of an owner commencing vehicle for hire operations
28 in the city for the first time, the police chief may waive this requirement upon the
29 production of satisfactory evidence that the individual otherwise meets the requirements
30 of this chapter;
31 F. Such applicant has sworn under oath, before on officer competent to take oaths under
32 the laws of the state, to the truth of the statements made in the application.
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Ordinance No. 2217 N.C.S. Page 20
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14.24.060 Expiration.
The expiration date of each license issued under the chapter shall be the same as the
expiration date of the licensee's driver's license.
14.24.070 Fees.
There shall be paid to the city for each license issued and each renewal thereof a
license fee in the amount as established by resolution of the city council which shall accompany
the application for the issuance of each license.
14.24.080 Contents.
Each license issued under this chapter shall contain a serial number and shall set forth the
date of issuance, the name, age and physical description of the person licensed, the expiration
date of the license, his fingerprints, his signature, his badge number and the name of his
employer.
14.24.090 Suspension or revocation by council.
Licenses, to whoever issued under this chapter, may be suspended or revoked by the
council for violation of any of the terms of this chapter, for violation of any of the terms of such
license, or for misuse or abuse of the privilege thereby granted.
14.24.100 Applicability of Sections 14.28.150 through 14.28.200 -Denial of Applications.
The provisions of Sections 14.28.150 through 14.28.200, relating to suspension and
revocation of permits and appeals from suspension thereof, shall apply in all respects to the
suspension, revocation and appeals therefrom of licenses under this chapter.
14.24.110 Change of employment -Police notification.
Every owner shall notify the police chief of each employment or dismissal of a driver in his
service. The police chief shall revoke the license of all drivers who have been dismissed,
discharged or who have resigned or whose employment has been transferred from one owner
to another owner. Upon being employed by a different owner or upon reemployment by the
same owner, such driver shall apply for and be issued a new license before he shall be
authorized to operate a bus or automobile for hire.
Ordinance No. 2217 N.C.S. Page 21
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14.24.120 Owners not to employ unlicensed drivers.
No owner shall permit any person to act as a driver who does not possess a valid license
issued in accordance with this chapter.
14.24.130 Transferability.
Licenses under the provisions of this chapter, to whoever issued, shall be non -
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Sections:
CHAPTER 14.28
VEHICLE PERMITS
14.28.010
Required.
14.28.020
Application -Contents.
14.28.030
Where application to be made.
14.28.040
Conditions of granting permit.
14.28.050
Fees for buses.
14.28.060
Fees for automobiles for hire.
14.28.070
Issuance of new permits.
14.28.080
Number of permits.
14.28.090
Replacements for lost or destroyed permits.
14.28.100
Contents.
14.28.110
Financial responsibility of applicants.
14.28.120
Suspension or revocation by council.
14.28.130
Suspension or revocation by police chief.
14.28.140
Appeal procedure generally.
14.28.150
Notice of appeal and hearing -Fixed hearing date.
14.28.160
Police chief's report required.
14.28.170
Action by manager on report.
14.28.180
Denial of appeal.
14.28.190
Non -Transferability.
33 14.28.010 Required.
34 No person shall operate a bus or an automobile for hire in the city without making
35 application for and being issued a permit for each vehicle operated.
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37 14.28.020 Application -Contents.
38 The application for a permit required by the preceding section shall contain the following
39 information:
Ordinance No. 2217 N.C.S. Page 22
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A. A statement that the applicant holds a currently valid certificate, together with the
number thereof, or if it be the case, that the certificate has been applied for but not yet
issued and a statement of the date of application therefore;
B. The name and business address, residence address, business telephone number and
residence telephone number of the applicant.
C. The make, type, year of manufacture and seating capacity of the vehicle for which
application is made;
D. A general statement that the applicant has complied, or prior to the commencement of
operation of the vehicle, will comply with all of the provisions of this chapter.
14.28.030 Where application to be made.
All applications for permits required by this chapter shall be made to the central permit
bureau.
14.28.040 Conditions of granting permit.
No permit shall be issued under this chapter unless or until the following minimum
conditions are complied with:
A. The applicant presents satisfactory evidence that he holds a currently valid certificate
applicable to the business for which application for the permit is made;
B. The applicant has complied with all of the provisions of this chapter, including satisfactory
evidence that the requirements, for a bond or liability insurance required by Section
14.12.090 have been complied with.
14.28.060 Fees for buses.
The owners of buses to whom permits have been issued shall pay no fee therefore.
14.28.070 Fees for automobiles for hire.
The owners of automobiles for hire to whom permits have been issued shall pay annually
a fee as set by Council resolution, per permit. Such permit fee is payable in advance and will
accompany the application for the issuance of permits.
14.28.080 Issuance of new permits.
Upon approval of a permit application therefore, the central permit bureau shall issue
the permit to the applicant therefore.
Ordinance No. 2217 N.C.S.
Page 23
1 14.28.090 Number of permits.
2 Upon application pursuant to this chapter, the central permit bureau shall issue one
3 permit for each vehicle specified by the council at the time of the approval of the certificate.
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5 14.28.100 Replacements for lost or destroyed permits.
6 If permits are lost or destroyed, the central permit bureau, upon receipt of proper
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application therefore, shall issue duplicate permits with the some serial number as that of the
permit which was lost or destroyed.
14.28.110 Contents.
In each permit, reference shall be made to the number and date of the certificate of
the owner to whom the permit is issued. The vehicle to which a permit applies shall be
described therein by make, model, engine number, passenger capacity, the date of issuance
and the serial number thereof.
14.28.120 Financial responsibility of applicants.
Before a permit for the operation of any bus or automobile for hire shall be issued, and
prior to the operation of any of such vehicles if a permit has been issued, there shall be filed with
the city clerk a policy of public liability insurance executed and delivered by a company
authorized to carry on an insurance business in the state, the financial responsibility of which
company shall theretofore have been approved by the city manager, by the terms of which the
insurance company insures the owner and permittee of such bus or automobile for hire against
loss by reason of injuries to persons or property caused by the operation of such vehicle in the
following amounts: Comprehensive General Liability of Three Hundred Thousand ($300,000.00)
per occurrence for bodily injury, personal injury and property damages; automobile liability of
Three Hundred Thousand ($300,000.00) combined single limit per accident for bodily injury and
property damage; and Workers' Compensation and Employers Liability as required by the Labor
Code of the State of California and Employers Liability of One Million Dollars ($1,000,000.00) per
accident; provided, however, that no policy of insurance issued by any mutual assessment or
reciprocal company as defined by the insurance code of the State shall be accepted by the
city manager; and provided further, that such insurance shall not expire nor be revocable,
except upon written notice to the city clerk at least thirty (30) days prior to such expiration or
revocation.
Ordinance No. 2217 N.C.S. Page 24
1 14.28.140 Suspension or revocation by council.
2 Permits required by the provisions of this chapter, to whomever issued, may be revoked
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or suspended by the council for violation of any of the terms of this chapter, for violation of any
of the terms of such license, or for misuse or abuse of the privilege thereby granted.
14.28.150 Suspension or revocation by police chief.
Any permit issued pursuant to the terms of this chapter may be temporarily suspended by
the police chief upon the filing of a written complaint by or with him for a period not to exceed
the time necessary to perfect an appeal to the city council pursuant to the terms of Sections
14.28.160 through 14.28.200, for a violation of any of the provisions of this chapter. Upon failure
of the permittee to file an appeal within the time limit specified by such sections, the suspension
ordered by the police chief shall become permanent and he shall thereafter revoke such
permit.
15 14.28.160 Appeal procedure generally.
16 Within thirty days after the denial of an application for or suspension of a permit, the
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applicant or permittee, as the case may be, may file a written appeal with the city clerk stating
in detail the reasons why the application should be granted or the suspension should be
revoked, notwithstanding any action of the police chief to the contrary.
14.28.170 Notice of appeal and hearing - Fixing hearing date.
Within twenty-four hours of the receipt of the written appeal provided for by Section
14.28.160, the city clerk shall advise the city manager and the police chief of such appeal, and
within the same period shall advise the city manager, the police chief and the appellant of the
date on which the council will consider the appeal. Such date shall not be later than ten days
from the date the appeal is filed with the city clerk.
28 14.28.180 Police chief's report required.
29 Upon receipt of notice required by Section 14.28.170 that an appeal has been filed, the
30 police chief shall furnish a written report of his reasons for the denial of the application or the
31 suspension of the permit, as the case may be, to the city manager.
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Ordinance No. 2217 N.C.S. Page 25
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14.28.190 Action by manager on report.
The city manager shall add any endorsement he considers appropriate to the report of
the police chief contemplated by Section 14.28.180 and file the same with the city clerk for
action by the council.
14.28.200 Denial of appeal.
The city council shall deny any appeal instituted as provided in Section 14.28.160 if it finds
that the applicant has not complied with all of the provisions of this chapter.
14.28.210 Non -Transferability.
Permits required by the provisions of this chapter, to whomever issued, shall be non-
transferable.
Section 3. If any section, subsection, sentence, clause or phrase or word of this
ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Petaluma hereby declares that it would have
passed and adopted this ordinance and each and all provisions thereof irrespective of the fact
that any one or more of said provisions be declared unconstitutional, unlawful or otherwise
invalid.
Section 4. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 5. The City Clerk is hereby directed to post this ordinance for the period and in
the manner required by the City Charter.
INTRODUCED and ordered posted/published this 1 lrh day of July, 2005.
ADOPTED this _ day of , 2005 by the following vote:
Ordinance No. 2217 N.C.S.
Page 26
ADOPTED this day of 2005 by the following vote:
6 AYES:
7 NOES:
8 ABSENT:
ATTEST:
David Glass, Mayor
APPROVED AS TO FORM:
Claire Cooper, CMC, City Clerk Richard R. Rudnansky, City Attorney
Ordinance No. 2217 N.C.S.
Page 27