The following fees shall be assessed for the
services listed:
A taxicab owner's license may be suspended or
revoked at any time after a hearing for the following reasons:
A.
The licensee fails to meet the criteria embodied in
Article 23-A of the Correction Law of the State of New York.
B.
The licensee permits the operation of a taxicab by
a person not licensed under the provisions of this article.
C.
A vehicle registered to the licensee has been used
for an illegal purpose or business.
D.
The licensee engages in any other conduct which evidences
his/her inability to safely engage in the business of operating a
taxicab or which evidences a disregard for public safety.
A.
Review. The Chief of Police or his designated agent may revoke or suspend any outstanding owner's or driver's license for a violation of this chapter or any other law pursuant to Subsection C hereof. Notice of revocation or suspension of license and the reason(s) therefor shall be served by the Chief of Police or his designated agent upon the person named in the license or by mailing the same to the address given in the license. If a license is revoked, no refund of any unearned portion of the license fee shall be made.
B.
Term of suspension. A suspension of a license by the
Chief of Police or his/her designated agent shall be effective for
30 days, running from the date of notification upon the license holder.
Any two suspensions within any twelve-month period shall automatically
result in a revocation.
C.
Grounds for suspension and revocation. No license
issued under this chapter shall be suspended or revoked without cause.
Cause shall include, but not be limited to, the following:
(2)
Revocations:
(a)
Knowingly filing a false application.
(b)
Any conviction of a criminal offense committed
during or in relation to taxi operations. In addition, conviction
of a criminal offense which might impair, impede or endanger the efficiency,
effectiveness or safety of the public.
(c)
Any driver who operates with a suspended taxicab
driver's or owner's license.
(d)
The suspension or revocation of an operator's
New York State driver's license by the New York State Department of
Motor Vehicles.
(e)
Commission of two or more moving traffic violations
while driving a taxicab.
(f)
Failing to notify the Chief of Police of any
criminal convictions subsequent to issuance of license within ten
days of said conviction.
(g)
Knowingly omitting any relevant information
from application.
A hearing officer shall be appointed by the Mayor to hear and decide appeals taken from any determination made by the Chief of Police or his/her designated agent which denied, revoked or suspended such driver and/or taxicab owner's license. Any applicant who shall have been refused a license, or a license holder whose license shall have been revoked or suspended, may appeal to the hearing officer for review of such denial, revocation or suspension as set forth in § 258-30. The failure of an aggrieved party to take an appeal within 10 business days of receipt of such denial, revocation or suspension shall constitute a waiver of the right to appeal.
A.
The hearing officer appointed by the Mayor shall hear
and decide appeals from and review of any order, denial, suspension
or revocation made by the Chief of Police or his/her designated agent
with respect to a driver's or vehicle license as provided for herein.
B.
Request for a hearing. Upon denial of an application,
or the suspension or revocation of a license, the aggrieved party
may, within 10 business days after receiving written notice, file
a request, in writing, with the Chief of Police or the Mayor for review
by a hearing officer of said denial, suspension or revocation by the
Chief of Police or his/her designated agent.
C.
Hearings. Upon receipt of a request for a hearing
as provided above, the hearing officer shall set a time and place
for a hearing and duly notify the aggrieved party of same. The aggrieved
party shall have the option of whether such hearing shall be public
or private. The hearing shall commence no later than 30 days after
the date on which the request was filed. Failure by the hearing officer
to commence a hearing within 30 days shall not be deemed to constitute
approval of such request if good and sufficient reason exists.
D.
Findings. The aggrieved party shall be given an opportunity
to show cause why such denial of application or such suspension or
revocation of license shall be modified or withdrawn. Upon consideration
of the evidence presented, the hearing officer shall sustain, modify
or withdraw the decision of the Chief of Police or his/her designated
agent.
A.
Owners. Any taxicab owner not licensed or equipped
in accordance with the provisions of this chapter or whose license
has been suspended or revoked who engages in the business of a taxicab
owner or attempts to engage in such business or solicits passengers
for hire shall, upon conviction, be guilty of a misdemeanor, punishable
by a fine of up to $1,000 or 90 days in jail, or both. Appropriate
community service may be substituted for fine or jail.
B.
Drivers. Any person not having been duly licensed
as a taxicab or any person convicted of operating a taxicab within
the corporate limits of the City of Cohoes whose license has been
revoked or any person whose driver's license has been suspended and
who, during the term of suspension, drives for hire a taxicab upon
the streets of the City shall, upon conviction, be guilty of a misdemeanor,
punishable by a fine of up to $1,000 or 90 days in jail, or both.
Appropriate community service may be substituted for fine or jail.
C.
Owners and drivers. Any taxicab driver who, while
operating his/her taxicab is involved in an accident that he/she does
not report within 48 hours and any taxicab owner who knows or who
reasonably could be expected to know that his/her vehicle has been
involved in an accident and fails to report such accident within 48
hours shall, upon conviction, be guilty of a misdemeanor, punishable
by a fine of up to $1,000 or 90 days in jail or both, and, in addition,
shall have his/her driver's license suspended or revoked. Appropriate
community service may be substituted for fine or jail.
