Every police officer of the city is hereby given authority and
is enjoined to watch and observe the conduct of holders of taxicab
franchises and drivers operating under this article. Upon discovering
a violation of the provisions of this article, every such officer
shall take immediate steps to enforce the law, either by arrest or
by report to proper officials. Specific instructions in this connection
shall be delivered to every police officer of the city under the direction
of the chief of police. Police officers are further authorized to
stop and inspect any taxicab and any taxicab driver in the city to
insure compliance of the taxicab and driver with this article. Such
authority shall be accepted by the operator and the driver as a condition
of the franchise and driver certification. In the event that a driver
refuses to stop or to permit such inspection, such refusal shall constitute
an immediate abandonment and revocation of the franchise and permit
for such vehicle and driver, and further operation of such taxicab
or further taxicab operation by the driver shall be a violation of
this article.
(Ordinance 85-76, sec. 1, adopted 9/10/85; Ordinance 98-14, sec. 1, adopted 2/10/98; 1957
Code, sec. 20-43)
No grant, right, or privilege, whether by franchise or otherwise,
afforded any person under the terms and provisions of this article
shall be transferable to any other person without written application
to the city for such transfer and approval thereof by action of the
city council.
(Ordinance 85-76, sec. 1, adopted 9/10/85; 1957 Code, sec. 20-44)
Any person, either by himself or agent, who shall violate any
of the provisions of this article shall be deemed guilty of a misdemeanor,
and upon conviction shall be fined not to exceed five hundred dollars
($500.00). Any person who shall aid, abet, or assist in the violation
of any of the provisions of this article shall be deemed guilty of
a misdemeanor, and upon conviction shall be fined not to exceed five
hundred dollars ($500.00). A person commits an offense if the conduct
is done intentionally, knowingly, recklessly or with criminal negligence,
except as provided in section 4-10-244. It shall not be necessary
for the complaint to allege, or for proof to be made, that the act
was knowingly done, nor shall it be necessary for the complaint to
negate any exception contained in this article concerning any prohibited
act, but any such exception made herein may be urged as a defense
by any person charged by such complaint. Each day that the offense
shall continue shall constitute a separate offense.
(Ordinance 85-76, sec. 1, adopted 9/10/85; Ordinance 98-14, sec. 1, adopted 2/10/98; Ordinance 2004-06, sec. 6, adopted 1/27/04; 1957 Code, sec. 20-45)
Editor’s note–Former section 4-10-244 pertaining to a taxicab operator’s knowledge of violations, was repealed and deleted in its entirety by Ordinance 2014-29 adopted 6/10/14. Prior to the deletion, this section derived from the following: Ordinance 85-76, sec.
1, adopted 9/10/85; 1957 Code, sec. 20-46.
The city may enforce the provisions of this article in any of
the following ways:
(1) A
warning may be given by the chief of police, or designee of the chief
of police, to the operator and/or driver concerning any violation.
Warnings may form the basis for the use of more serious sanctions
if any additional violations are accumulated.
(2) The
city may prosecute any violations through the municipal court and
violations are subject to a fine up to five hundred dollars ($500.00)
for any offense. Each day that the offense shall continue shall constitute
a separate offense.
(3) The chief of police may suspend or terminate operations by the operator of the franchise or any driver or any permitted vehicle for any violation of this article pursuant to section
4-10-246.
(4) The city council may suspend or terminate the franchise for violation of this article or for failure to provide the service and quality of service required by the franchise after notice and hearing before the city council. Any further appeal shall be pursuant to section
4-10-246.
(5) The
city may enforce the provisions of this article by means of any civil
judicial remedies of law or equity in the county or district courts
of this state.
(Ordinance 85-76, sec. 1, adopted 9/10/85; Ordinance 98-14, sec. 1, adopted 2/10/98; Ordinance 2004-06, sec. 7, adopted 1/27/04; 1957 Code, sec. 20-47; Ordinance 2011-39 adopted 11/8/11)
In the event that the chief of police finds that a taxicab driver
certification or vehicle permit should be denied, suspended or terminated
or a franchise should be suspended pursuant to the city code, the
chief shall provide notice to the operator or driver, or franchise
operator, whichever is applicable, and provide an opportunity for
that person to provide a defense prior to ordering a denial or suspension
or termination, except in cases of emergency involving public safety,
in which event such due process shall be afforded subsequent to the
suspension or termination. The person shall have a right to appeal
to the city manager, if such appeal is filed in writing within ten
(10) days of the order of denial, suspension or termination, or the
expiration of thirty (30) days without a ruling, and such appeal shall
stay or abate the suspension or termination until the city manager
makes a final determination, except in cases of emergency as declared
by the chief of police when it is a matter of public safety. In the
event the chief of police or city manager fails to take action within
thirty (30) days, the requested action shall be considered to be denied
by the applicable chief of police or city manager. All hearings shall
be informal, providing the operator or driver with notice and an opportunity
to present to the chief of police, or city manager, the reasons or
evidence in defense. In the event the city files a complaint in the
municipal court, or a petition in any other court, and the defendant
is afforded due process by the court, the procedure and due process
provided herein for administrative review shall not be applicable.
After denial, suspension or revocation of the driver certification
or vehicle permit or franchise, whichever is applicable, by the city
manager, the person may seek prompt judicial review of such final
administrative action in any court of competent jurisdiction. An appeal
to the appropriate court must be filed within twenty-one (21) days
after the final decision by the city manager. The determination by
the court shall be based on the substantial evidence rule. For purposes
of this section, “day” means calendar day. The above-described
procedures and regulations regarding notice, hearing and appeal shall
also apply regarding the termination or suspension of the operator’s
franchise prior to the end of the term of the franchise, but, in addition,
there shall be a further appeal to the city council required before
invoking the judicial process. Any appeal to the court shall be based
on the substantial evidence rule.
(Ordinance 85-76, sec. 1, adopted 9/10/85; Ordinance 98-14, sec. 1, adopted 2/10/98; Ordinance 2004-09, sec. 4, adopted 2/10/04; 1957 Code, sec. 20-49.2)