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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANNUAL PERMIT. Permission granted by the city to a person to operate a taxicab service inside the city for a period of one year, renewable under the provisions of this chapter.
CONVICTED SEX OFFENDER. A person that has received a rendition of an order by a court imposing a punishment of incarceration, probation or fine for a crime of aggravated sexual assault, aggravated sexual assault of a child, aggravated sexual assault 65 years or older, aggravated kidnaping (violate/abuse victim sexually), indecency with child-sexual contact, sexual assault, sexual assault of a child, sexual performance of child, prohibited sexual conduct, compelling prostitution, possession/promotion of child pornography, indecency with a child - exposure, kidnaping with victim under 17 years of age, unlawful restraint with victim under 17 years of age, aggravated kidnaping (with no sexual intent and victim under 17 years of age), indecent exposure-second conviction, preparatory offense - attempt, conspiracy and solicitation to commit any sexual offense. Also included is a conviction of any statute from another state, regardless of title, that the elements of which meet the above offenses.
CONVICTION. A conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated or pardoned.
DEPARTMENT. The Police Department.
DIRECTOR. The Police Chief’s designee assigned to enforce and administer this chapter, and includes representatives, agents or department employees designated by the Director.
DRIVER. An individual who drives or operates a taxicab.
HOLDER. A person who is granted an annual permit.
LEGAL RESIDENT. A citizen of the United States or a person residing in the United States in accordance with federal immigration laws.
OPERATE. To drive or to be in control of a taxicab.
OPERATING AUTHORITY. A annual permit granted under this chapter.
OPERATOR. The driver of a taxicab, the owner of a taxicab or the holder of a taxicab operating authority.
OWNER. The person to whom state license plates for a vehicle were issued.
PERSON. An individual, corporation, government or governmental subdivision, or agency, trust or partnership, or two or more persons having a joint or common economic interest.
TAXICAB. A chauffeured motor vehicle with a rated passenger capacity of eight or less, used to transport persons for hire, that typically operates on irregular routes, irregular schedules and a call and demand basis.
TAXICAB DRIVER’S PERMIT. A permit issued to an individual by the Chief of Police or his or her designated director authorizing that person to operate a taxicab in the city.
TAXICAB SERVICE. A passenger transportation service operated for hire that uses taxicabs in the operation of the service, and includes, but is not limited to, a facility from which the service is operated, taxicabs used in the operation, and a person who owns, controls or operates the service.
TAXICAB STAND. A public place reserved exclusively for use by taxicabs.
(1998 Code, § 126-135) (Ord. 05-19, passed 7-6-2005; Ord. 13-16, passed 6-19-2013)
ADMINISTRATION AND ENFORCEMENT
Whenever a holder’s operating authority or a taxicab driver’s permit is suspended, revoked or denied, or whenever a vehicle fails to pass inspection as a taxicab, the Director may remove or require the surrender of all evidence of authorization as a holder, taxicab driver or taxicab, including, but not limited to, removal or surrender of operating authority, licenses, decals, signs, insignia, radios and toplights.
(1998 Code, § 126-152) (Ord. 05-19, passed 7-6-2005)
(A) Officers of the Police Department shall assist in the enforcement of this chapter.
(B) A police officer, upon observing a violation of this chapter or the regulations established by the Director, shall take necessary enforcement action to ensure effective regulation of taxicab service, either by citation or arrest.
(1998 Code, § 126-153) (Ord. 05-19, passed 7-6-2005)
(A) (1) If the Director determines that a holder violates this chapter, terms of its operating authority, a regulation established by the Director or other law, the Director may notify the holder in writing of the violation and by written order direct the holder to correct the violation within a reasonable period of time.
(2) In setting the time for correction, the Director shall consider the degree of danger to the public health or safety and the nature of the violation.
(3) If the violation involves equipment that is unsafe or functioning improperly, the Director shall order the holder to immediately cease use of the equipment.
(B) If the Director determines that a violation constitutes an imminent and serious threat to the public health or safety, the Director shall order the holder to correct the violation immediately and, if the holder fails to comply, the Director shall promptly take or cause to be taken such action as he or she considers necessary to enforce the order immediately.
(C) The Director shall include in a notice issued under this section identification of the violation, the date of issuance of the notice and time period within which the violation must be corrected, a warning that failure to comply with the order may result in suspension or revocation of operating authority or imposition of a fine or both, and a statement indicating that the order may be appealed to the Chief of Police.
(1998 Code, § 126-154) (Ord. 05-19, passed 7-6-2005)
(A) The holder or the dispatcher shall be designated as the representative to receive service of notice required under this chapter to be given a holder and to serve notice required under this chapter to be given a driver employed by a holder.
(B) Notices required under this chapter shall be given as follows:
(1) Notice required under this chapter to be given a holder must be personally served by the Director on the holder or the dispatcher; and
(2) Notice required under this chapter to be given a driver licensed by the city under §§ 113.055 through 113.066 of this chapter must be personally served or sent by certified United States certified mail, five-day return receipt requested, to the address, last known to the Director, of the person to be notified, or to the dispatcher.
(D) Service executed in accordance with this section constitutes notice to the person to whom the notice is addressed. The date of service for notice that is mailed is the date received.
(E) This section does not apply to notice served under § 113.062(A) of this chapter.
(1998 Code, § 126-155) (Ord. 05-19, passed 7-6-2005)
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