[Amended 4-13-1992 by Ord. No. 554]
The Chief of Police shall cause to be inspected
all taxicabs from time to time or on the complaint of any citizen
or as often as may be necessary. The inspection shall be made by any
garage in the City, and the cost thereof shall be paid by the owner-licensee
and shall be evidenced by a certificate of examination and sufficiency,
which certificate shall be filed with the Chief of Police.
[Amended 4-13-1992 by Ord. No. 554; 11-24-2008 by Ord. No. 791]
Any taxicab being operated in violation of any
of the provisions of this chapter or rules adopted under this chapter
may be impounded by the Police Department. A service charge as provided
in the General Fee Ordinance shall be paid to the City before the
vehicle is released from impoundment. The payment of such service
charge shall not release the owner or driver of such vehicle from
penalties imposed for violations of provisions of this chapter nor
from the payment of any additional expense which may be incurred by
the City in effecting such impoundment.
[Amended 1-12-1998 by Ord. No. 625]
A. The Chief of Police may suspend or revoke any owner's
license or a driver's license, as appropriate, if, after notice and
opportunity for a hearing, the Chief of Police finds:
(1) Facts existing prior or subsequent to the issuance
of an owner's license or a driver's license which would be cause under
this chapter for refusal to issue or renew the license;
(2) Any violation of this chapter or of any other federal,
state or local law by the owner or driver;
(3) Conviction of an owner or driver of any felony or
any other crime of moral turpitude, including crimes of violence,
sex offense or violation of the controlled dangerous substance or
gaming laws;
(4) Procurement or attempted procurement of a license
by fraud, misrepresentation, false or misleading statement or omission
of material facts;
(5) The operation, or the allowing of a taxicab to be
operated, in a manner that endangers the public health, safety or
welfare; or
(6) The suspension or revocation of a driver's license
by the Motor Vehicle Administration.
B. In addition to those reasons specified in Subsection
A, the Chief of Police may revoke or suspend an owner's license or a driver's license if:
(1) A consistent pattern of reasonably verified complaints
against the owner or driver is received by the Police Department within
any twelve-month period or when a reasonably verified complaint involving
a threat to the public health, safety or welfare is received by the
Department;
(2) The owner or driver has been convicted for operating
a motor vehicle under the influence of or while intoxicated with alcohol
or controlled dangerous substance or for reckless driving; or
(3) The owner or driver has been convicted of failure
to stop after involvement in an accident or has a traffic record which
indicates an unsafe driving pattern or disregard for the motor vehicle
laws of this state.
C. This section is in addition to any other provision
of this chapter that establishes cause for the suspension or revocation
of an owner's license or a driver's license.
[Added 1-12-1998 by Ord. No. 625]
A. Prior to revoking or suspending an owner's license
or driver's license the Chief of Police must:
(1) Notify the holder of the license of the proposed action
and the basis therefor in writing sent to the latest address on file
with the Police Department;
(2) State the reasons for the proposed action; and
(3) Provide an opportunity for a hearing to contest the
proposed action under this section.
B. Any hearing must be held before the Chief of Police.
C. Time limit to request hearing; acceleration.
(1) The Chief of Police's proposed action on a revocation
or suspension is final if a hearing is not requested within 10 days
of notification of that opportunity.
(2) If the Chief of Police reasonably believes that the
public health, welfare or safety is threatened by continued operation
of a taxicab by a licensee or operator, the Chief of Police may accelerate
any time requirements of this section so long as reasonable due process
is afforded.
D. After conducting a hearing, the Chief of Police shall
issue a written decision within 10 days.
E. Notification by personal service or certified letter
to the last address on file with the Police Department is sufficient
notice under this section.
F. Failure to appear at a hearing, after notice, is a
waiver of the right to a hearing.
[Added 1-12-1998 by Ord. No. 625]
A. A revocation or suspension of an owner's license or
driver's license is effective immediately upon personal service or
the mailing of notification of the Chief's written decision.
B. Upon receipt of notice of a revocation or suspension,
the licensee or driver must, within 24 hours:
(1) Place the license in the mail, postage prepaid, addressed
to the Police Department; or
(2) Physically deliver the license to the Police Department.
[Added 1-12-1998 by Ord. No. 625]
Any person aggrieved by the denial, suspension
or revocation of any owner's license or driver's license may appeal
a final decision to the Circuit Court for Carroll County. Such appeal
shall be taken in accordance with the Maryland Rules of Procedure
as set forth in Title 7, Chapter 200.
[Amended 1-12-1998 by Ord. No. 625]
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by fine of not more than $250 for each offense. In addition, any license issued pursuant to this chapter may, upon proof of any violation of this chapter, be revoked or suspended as provided in §§
145-26,
145-27 and
145-28.