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)