Concord Municipal Code Art. I General

Unless otherwise expressly stated, whenever used in this article, the following terms shall respectively be deemed to mean:

Advertisement. Advertisement includes, but is not limited to, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing the placement of any sign or marking on or in any building or structure, or in any media from, including newspaper, magazine, radiowave, satellite signal, or any electronic transmission, or in any directory soliciting taxicab solicitation services.

Driver. Any person in charge of or operating any taxicab, as herein defined, either as owner, principal, agent, or employee, under the direction of the owner, as herein defined.

Owner. Every person, firm, or corporation that holds a taxicab business owner’s permit as here in defined, whether as owner or lessee.

Public convenience and necessity. The existing and reasonably anticipated requirements or need of the public for prompt, safe, efficient, dependable, and economic transportation by passenger vehicles for hire.

Street. Any place commonly used for the purpose of public travel.

Smoking. The carrying or holding of a lighted pipe, a lighted hookah pipe, an operating electronic cigarette, a lighted cigar or cigarette of any kind, or any other lighted smoking equipment, or the lighting, emitting, or exhaling the smoke of a pipe, cigar, or cigarette, or electronic cigarette of any kind.

Taxicab. Every passenger type automobile operated at rates per mile, or for wait time, or for both, and equipped with a taximeter, used for the transportation of passengers for hire over the public streets and not over a defined route and irrespective of whether the operations extend beyond the city limits, and such vehicle is routed as to destination under the direction of such passenger, or of such persons hiring the same.

Taximeter. Any mechanical or electronic instrument, appliance, device, or machine by which the charge for hire of a passenger-carrying vehicle is mechanically or electronically calculated, either for distance traveled or time consumed, or both, and upon which instrument, appliance, device, or machine such charge is indicated by figures.

(Code 1965, § 6300; Code 2002, § 118-31. Ord. No. 854; Ord. No. 11-7; Ord. No. 86-17; Ord. No. 87-21; Ord. No. 95-6)

Cross references: Definitions generally, § 1.05.100.

The provisions of this article shall not apply to the operation of any taxicab or other public motor vehicle merely transporting passengers from a point outside the city to a destination within the city or merely proceeding through the city while en route to a destination outside the city.

(Code 1965, § 6301; Code 2002, § 118-32. Ord. No. 854; Ord. No. 11-7)

The safety features and equipment of all taxicabs operated pursuant to permit issued under the provisions of this article shall be, at all times, under the jurisdiction and orders of the Chief of Police, subject to any regulations imposed by state or federal law. At least one in service taxicab per permitted company shall have a child safety seat available for use upon request of a customer. If requested and the assigned taxicab does not have a child safety seat, the customer with the child will not be transported until the child seat is brought to the location of the pick up. It is the responsibility of the customer to properly install the child safety seat.

(Code 1965, § 6302; Code 2002, § 118-33. Ord. No. 86-17; Ord. No. 93-2; Ord. No. 95-6; Ord. No. 11-7)

All property of value found in a taxicab by an owner, or his employee, or delivered to them by any person who has found such property, if unclaimed within 72 hours, shall be reported to the Police Department. Every owner shall keep a record of all found and returned property describing the article, date found, finder, and disposition of property.

(Code 1965, § 6303; Code 2002, § 118-34. Ord. No. 854; Ord. No. 86-17; Ord. No. 11-7)

It shall be unlawful for any person to smoke in any taxicab in the city.

(Code 1965, § 6303; Code 2002, § 118-35. Ord. No. 97-4; Ord. No. 11-7)

Violation of this Article shall constitute an infraction, per section 1.05.200 of this Code.

(Code 1965, § 6304; Code 2002, § 118-36. Ord. No. 854; Ord. No. 86-17; Ord. No. 95-6; Ord. No. 11-7)

Violations of this Article shall constitute a nuisance, per section 8.25.020 of this Code, and shall be subject to administrative citations and fines, per section 8.25.070 of this Code. Administrative citations are available as a remedy, in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this article. Whenever it is determined that a violation of this article has occurred, an administrative fine may be imposed on any person responsible for the violation. Appeals of administrative citations issued per this Article shall be heard in accordance with section 8.25.070(f) of this Code.

(Code 1965, § 6305; Code 2002, § 118-37. Ord. No. 854; Ord. No. 95-6; Ord. No. 11-7)

(a) Appeals. Any person aggrieved by a decision to grant, deny, suspend, revoke, renew, or decline to renew any permit issued under this Article may appeal the decision within ten (10) days of the decision. Grounds for appeal shall be limited to whether the applicant has or has not met the criteria set forth in the section of this Article governing each such action.

(b) Hearing requests. Any person may request a hearing pursuant to the following procedure:

(1) A request for hearing form shall be obtained from the City Clerk. The completed form shall be returned to the City Clerk within ten (10) days of the date of action being challenged thereby.

(2) After a completed request for hearing form has been filed with the City Clerk, a hearing date, time and place shall be set. The City Manager or his or her designee shall sit as the hearing officer. The hearing shall be set for a date within a reasonable time period after the date of the City Clerk’s receipt of the request. Reasonable efforts shall be made to set the hearing date not less than five (5) days nor more than fifteen (15) days after the City Clerk receives the request.

(3) The person requesting the hearing shall be notified by first class mail and certified mail, return receipt requested, of the date, time, and place set for the hearing. The notice shall be sent to the address provided on the request for hearing form by the appellant. In addition, if the appellant is not the individual whose permit is at issue, the individual whose permit is at issue shall be notified in the same manner. Service shall become effective on the date of first class mailing. Failure of the appellant to receive such notice shall not affect the validity of any proceedings taken.

(4) The appellant, the City, or the individual whose permit is at issue, may request one (1) continuance, but in no event may the hearing be continued more than fifteen (15) days after the date of the originally scheduled hearing unless the hearing officer finds that circumstances warrant a longer continuance not to exceed thirty (30) days after the date of the originally scheduled hearing.

(5) The failure of any person to file a request for hearing in accordance with the provisions of this section shall be deemed to be a waiver of his or her right to an administrative hearing and shall constitute a failure to exhaust administrative remedies.

(c) Hearing procedure.

(1) Administrative hearings are informal, and formal rules of evidence and discovery do not apply.

(2) The City representative and the appellant shall be given an opportunity to testify and present evidence concerning the decision. The same opportunity shall be afforded the individual whose permit is at issue, if he or she is not the appellant. All individuals may represent themselves or be represented by any person of their choice.

(3) The hearing officer may continue the hearing and request additional information from the city representative, the appellant, and/or the individual whose permit is at issue prior to concluding the hearing and issuing a written decision.

(4) The failure of the person requesting the hearing to appear at the hearing shall be deemed to be a waiver of his or her right to an administrative hearing and shall constitute a failure to exhaust administrative remedies.

(d) Decision of the hearing officer.

(1) The hearing officer shall issue a written decision within five (5) business days of the conclusion of the hearing stating the reasons for that decision. The hearing officer’s decision shall be final.

(2) A copy of the hearing officer’s written decision shall be sent by first class mail to the appellant at the address provided on the request for hearing form, as well as to the individual whose permit or application for a permit was at issue, if the appeal was brought by another.

(Code 1965, § 6306; Code 2002, § 118-38. Ord. No. 854; Ord. No. 86-17; Ord. No. 87-6; Ord. No. 89-12; Ord. No. 11-7)