A.
Review. The Chief of Police or his designated agent may revoke or suspend any outstanding 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, and upon filing a copy of such notice in the Clerk-Treasurer's office with an affidavit of service or mailing. When a license shall be revoked, no refund of any unearned portion of the license fee shall be made. "License" as used herein shall mean a vehicle and/or driver's license issued by the Village of Mamaroneck.
B.
Term of suspension. A suspension of a license by the
Chief of Police or his designated agent shall be effective for 30
days, running from the date of notification upon the license holder.
Any two suspensions within the twelve-month period of May 1 to April
30 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 driver's
or vehicle 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.
A hearing officer shall be appointed by the Village Manager to hear and decide appeals taken from any determination made by the Chief of Police or his designated agent which denied, revoked or suspended such driver and/or vehicle 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 Any applicant who shall have been refused a license, or a license holder whose license shall have been revoked or suspended, may appeal to the hearing officer for review of such denial, revocation or suspension as set forth in § 308-21. 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.
[Amended 2-26-2007 by L.L. No. 3-2007,
effective 3-5-2007]
A.
Any owner or driver of a vehicle not licensed and
equipped in accordance with the provisions of these sections or of
a vehicle, the license of which has been suspended or revoked, who
engages in business or attempts to engage in such business for which
a license is required or solicits passengers for hire shall incur
a penalty of not less than $150 nor more than $250 for each offense.
B.
Any person not having been duly licensed as a driver
or whose license as such driver has been revoked or has been suspended
and who drives for hire a vehicle as provided in this chapter shall
incur a penalty of not less than $150 nor more than $250 for each
offense.
C.
Any person owning a vehicle which is licensed by the
Village of Mamaroneck to carry or convey passengers for hire who allows
the operation of said vehicle by any person not duly licensed by the
Village of Mamaroneck as a taxi driver shall incur a penalty of $250
for each offense.
D.
Any person convicted for a violation of any of the
other provisions of this chapter shall incur a penalty of $250 for
each offense.
A.
The hearing officer appointed by the Village Manager
shall hear and decide appeals from and review of any order, denial,
suspension or revocation made by the Chief of Police or his designated
agent with respect to a driver's or vehicle license as provided for
herein.
B.
Request for hearing. Upon the 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, upon the hearing officer for review of said
decision by the Chief of Police or his 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. 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 designated
agent.
