The Council may, after notice and hearing, revoke or suspend the license of any licensed taxicab driver for any of the following reasons:
(a) Licensee obtained a license by a false statement in his or her application, or upon misrepresentation or upon false statements in his or her affidavit in applying for a duplicate license or identification card.
(b) Licensee has become physically or mentally incapable of driving a vehicle for hire.
(c) Licensee has been convicted of a crime involving moral turpitude.
(d) The driver has been guilty of misconduct, which shall include, but not be limited to:
(1) Failing to report within 24 hours to the appropriate law enforcement agency any accident in which the licensee is involved, which involves damages in excess of three hundred dollars ($300.00).
(2) The possession or use of any controlled substance, as defined in Ohio R.C. 3719.01 not specifically prescribed for him by a physician, while in a vehicle for hire or possessing any open alcoholic beverage container in a vehicle for hire.
(3) Being in control of or operating any vehicle while under the influence of alcohol or drugs.
(4) Gambling or being in a taxicab where gambling is occurring regardless of whether the operator receives a percentage of the proceeds or not.
(5) Refusing trip service on demand to any orderly person for lawful purposes, unless the demand is by radio dispatch service or unless such taxicab is previously engaged.
(6) Permitting a non-fare paying passenger to occupy a taxicab, while engaged in business or seeking business, but shall not apply to company or Village officials riding in such vehicle on official business.
(7) Failing to display an identification card issued to the driver in a place visible at all times to the occupants of the cab, or upon demand to the occupants of a livery, failing to preserve such card in good order and condition, or displaying an expired identification card.
(8) Operating a taxi which is unclean, or unsightly. If, upon inspection under Section 866.16(a), taxicab is found to be in violation of this section, the Mayor or his or her designee shall, in addition to any action taken against the license of the vehicle, cause a memorandum of the inspection failure to be placed on the record of the driver. Subsequent offenses or extreme situations shall be brought before the Council.
(9) Operating a taxicab while unclean or unsuitably dressed. All taxicab drivers must be clean and suitably dressed while operating a taxicab, and must be wearing a taxicab company uniform shirt with the name of the taxi company clearly printed on the shirt. Any reprimand for this section shall be recorded on the permanent record of the driver. Subsequent offenses or extreme situations, or appeals of a police officer's determination under this section or Section 866.29 shall be brought before the Council.
(10) Any accumulation of 12 or more points within a two-year period on the operator's license of the driver. This shall apply whether any number of such points were accumulated before the granting of a taxicab operator's license or while operating a taxicab.
(11) Any violation enumerated in Section 866.24(d)(3), or the commission of any crime which demonstrates personal characteristics rendering a person unsuitable to drive a taxicab.
(13) Driving a taxicab while wearing earphones or headsets over the ears or with a television operating in the vehicle.
(14) Driving a taxicab while having the driver's personal pet in the taxicab.
(15) Failing to appear before the council when properly notified to do so.
(16) Any other form of misconduct which shall mean conduct apart from the generally accepted practices of taxicab drivers which demonstrates personal characteristics rendering a person unsuitable to operate a vehicle for hire.
(17) Engage in disruptive behavior or misconduct at a meeting of the Council, which shall mean behavior and conduct that prevents or disrupts an orderly meeting. This includes but is not limited to the use of profanity, yelling or screaming, preventing a recognized speaker from speaking, and failing to follow the rulings of the chairperson.
(18) Verbally threaten or attempt to intimidate any employee of the Village for actions taken in the enforcement of the provisions of this Chapter 866.
(e) The Village Council or the Mayor may call a special meeting of the Council to determine if a revocation or suspension of a taxicab drivers license is warranted. The holder of the taxicab driver's license shall be given notice of the date, time and place of the meeting by personal service or by regular United States mail, sent to the address listed in the Village application to obtain the taxicab drivers license. A vote of the majority of Council shall be needed to suspend or revoke the license.
(f) This section shall not affect the operation and authority of the Mayor and the Fiscal Officer to immediately suspend a taxicab drivers license under the provisions of Section 866.25.
(Ord. 973-09. Passed 4-12-10.)