[Amended 3-23-2004 by Ord. No. 2004-74; 5-10-2005 by Ord. No. 2005-110]
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.
[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.