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AN ORDINANCE TO AMEND AND REORDAIN THE CODE OF THE CITY OF <br />PORTSMOUTH BY ADDING THERETO A NEW SECTION, NUMBER 37-101.1, <br />DEALING WITH APPEAL FROM DENIAL OF A CERTIFICATE OF PUBLIC <br />CONVENIENCE OR A PUBLIC VEHICLE DRIVER'S PERMIT. <br /> <br />BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: <br /> <br /> That the Code of the City of Portsmouth be, and hereby is, amended and <br />reordained by adding thereto a new section, number 37-101.1, as follows: <br /> <br />Sec. 37-101.1. Appeals by certain ineligible persons from denial of Certificate of <br />Public Convenience or Public Vehicle Driver's Permit. <br /> <br />A. An applicant who is ineligible for a Certificate of Public Convenience (herein, a <br /> "Certificate") or for a Public Vehicle Driver's Permit (herein, a "Permit") because of <br /> a conviction or a crime against the person or involving the possession or use of a <br /> weapon, as referred to in section 37-64(a) and section 37-101 (a); or because of <br /> conviction of a felony involving an illegal substance, as referred to in section 37- <br /> 64(b) and section 37-101(b), shall be eligible to appeal the denial, but only if the <br /> conviction occurred at least ten years prior to the application and if the applicant has <br /> been of good behavior since the conviction. The appeal shall be made to the Chief of <br /> Police or his designee. <br /> <br />B. In considering the appeal, the Chief of Police shall consider the following matters: <br /> 1. The seriousness of the crime for which the applicant was convicted. <br /> 2. The seriousness of the criminal conduct of the applicant which resulted in the <br /> conviction. <br /> 3. The amount of sentence imposed. <br /> 4. Any other relevant evidence, of any type, bearing in any way on the <br /> applicant's fitness to hold a Certificate or a Permit and to transport passengers in <br /> the City of Portsmouth. <br /> <br />C. After considering the matter, the Chief of Police may award the Certificate or the <br />Permit only if he makes an affirmative finding that applicant would not pose a public <br />safety risk and is otherwise qualified, and is not disqualified in any way, from holding a <br />Certificate or a Permit. If he is unable to make this finding, based on the evidence <br />presented, he may not award a Certificate or a Permit. <br /> <br />This ordinance shall take effect on the date of its adoption. <br /> <br /> Adopted by the Council of the City of Portsmouth, Virginia, at a meeting held on <br />February 26. 2002. <br /> <br /> Teste: <br /> <br /> <br /> City Clerk <br /> <br /> <br />