As used in this article, a "license" shall mean
a hack plate, a taxicab driver's license, livery license or a hotel/motel
courtesy vehicle license.
[1]
Editor's Note: This ordinance stated that
it would take effect 7-1-2005.
A.
The Chief of Police may deny a license to any person
who, in his or her judgment, is undesirable, unfit or incapable of
performing as a holder of a license, who does not comply with the
provisions of this chapter or any rule or regulation promulgated by
the Chief of Police pursuant to this chapter or who makes a material
misrepresentation on an application. The Chief of Police may also
deny a license to any applicant for a violation by the applicant,
or by any partner, agent, officer or employee of the applicant, of
any federal, state or local law or ordinance.
[Amended 2-14-2006 by Ord. No. 2006-22]
B.
The Chief of Police shall notify an applicant in writing
of the reasons for the denial of a license and shall give the applicant
10 days in which to request a hearing on the denial.
A.
The Chief of Police or any person may bring charges
against the holder of a license granted under this chapter alleging
a violation by the holder, or any partner, agent, officer or employee
of the holder, of any federal, state or local law or ordinance or
any rules or regulations promulgated by the Chief of Police pursuant
to this chapter. The Chief of Police shall investigate such charges,
and, if he or she believes the charges are warranted, he or she shall
notify the holder of the charges and of the possible penalties if
the holder is found guilty of such charges. The holder shall be given
10 days to request a hearing on such charges. A holder's failure to
request a hearing shall be deemed an admission of the charges.
[Amended 2-14-2006 by Ord. No. 2006-22]
B.
No charges shall be brought more than two years after
the occurrence of the act forming the basis for the charges; provided,
however, that this limitation shall not apply to an act which would,
if proved in a court of competent jurisdiction, constitute a felony.
C.
The Chief of Police may temporarily suspend the license
of a holder against whom charges are pending for a period not to exceed
30 days or, if a hearing is delayed or adjourned by the holder, until
a determination is made after such hearing.
D.
If a holder is found guilty of the charges after a
hearing or if the holder fails to request a hearing or to appear at
a scheduled hearing, the Chief of Police may suspend the holder's
license for a period not to exceed 90 days, may revoke the holder's
license or may fine the holder a sum not to exceed $500.
[Amended 3-23-2004 by Ord. No. 2004-74[1]]
[1]
Editor's Note: This ordinance stated that
it would take effect 7-1-2004.
[Amended 2-14-2006 by Ord. No. 2006-22]
When a person entitled to a hearing under this
chapter makes a timely request for a hearing, the Chief of Police
shall schedule such hearing within 10 days after the request. The
Chief of Police shall hear and determine the charges. The holder or
applicant shall be permitted to be represented by counsel at the hearing,
to submit evidence and summon witnesses on his or her behalf, to inspect
documents and to cross-examine opposing witnesses. The burden of proving
the charges shall be upon the person alleging the same. Compliance
with the technical rules of evidence shall not be required.
In determining whether a license should be denied
to an applicant or whether a penalty should be imposed upon a holder
for a violation of a law or ordinance, the Chief of Police shall consider
the following factors:
A.
The nature of the violation.
B.
The specific duties and responsibilities of a holder
of a license and the relationship between the violation and a holder's
fitness or ability to perform such duties or responsibilities.
C.
The time which has elapsed since the violation and
the age of the person at the time of the violation.
D.
The public safety interest in protecting property
and the health, safety and welfare of specific individuals or the
general public.
E.
Any mitigating circumstances or information concerning
the rehabilitation or good conduct of a person.
F.
Such other factors as the Chief of Police may deem
relevant or as may be mandated in the Correction Law or other law.
The Chief of Police shall administer the provisions
of this chapter and may promulgate rules and regulations relating
to its administration or regulating the fitness, ability or conduct
of an applicant or holder of a license or establishing standards for
vehicles, equipment and buildings used by the holder of a license.
Each of the provisions of this chapter are severable,
and if any provision shall be declared invalid, the remaining provisions
shall not be affected but shall remain in full force and effect.
[Amended 8-9-1983 by Ord. No. 83-345]
In addition to any other penalty which may be provided in this chapter, a person violating any provision of this chapter shall be subject to the penalties set forth in § 13A-11 of the Municipal Code.
