Article V — Suspension and Revocation

The Chief of Police shall have the power to suspend or revoke a permit issued under this chapter, on any of the grounds stated in this chapter, or on any of the following grounds:

• (a) The violation by the owner of any of the terms, conditions or requirements of the permit.

• (b) Any act or omission of the owner or driver/operator of any fact or condition which, if it existed at the time the application for a permit was filed, would have warranted the denial of the application.

• (c) Cancellation or suspension of any insurance policy or coverage required of the owner under this chapter.

• (d) Failure of the owner or driver/operator to pay any judgment for personal injury or death, or property damage arising out of the conduct of business under the permit issued pursuant to this chapter, within thirty (30) days after the judgment has become final.

• (e) Voluntary written request by the owner or driver/operator to suspend the taxicab license for a definite period of time.

• (f) Overcharge of, or the attempt to overcharge, fares by the owner or driver/operator.

• (g) Failure of the owner or driver/operator to pay when due any applicable taxes imposed by the City.

• (h) Any activity that impairs the safety of passengers.

• (i) Suspension, revocation or expiration of license to drive by the Department of Motor Vehicles or any other governmental agency.

• (Ord. 1989 § 1, 10-16-2018; Ord. 2007 § 9, 11-19-2019)

Appeal from the denial, nonrenewal, revocation or suspension of a permit under this chapter shall be administered as follows:

• (a) Except as provided in SCCC § 5.35.540 , a permit issued pursuant to this chapter shall be revoked or suspended only after the owner or driver/operator has been given reasonable notice and opportunity to be heard.

• (b) Whenever the Chief of Police has reasonable cause to believe that grounds for the denial, nonrenewal, suspension or revocation of a permit exist, he/she shall give the holder of the permit written notice stating the grounds and the effective date, as applicable. The effective date shall be no less than thirty (30) calendar days after the date of the notice. This notice will be sent by certified mail, return receipt requested, sent to the address shown on the last application or renewal, or by personal service. Notwithstanding the foregoing, the decision of the Chief of Police may be appealed in accordance with Chapter 2.115 SCCC.

• (Ord. 1989 § 1, 10-16-2018; Ord. 2007 § 10, 11-19-2019)

The Chief of Police may issue a notice suspending a permit for a period not exceeding ten days without having conducted a hearing therefor, if the Chief determines that the continued use of the permit will cause immediate hazard to public safety, health or welfare. The notice issued by the Chief of Police under this section shall contain a statement of the City's intent to seek a permanent revocation or longer suspension, as applicable. The notice shall further state a hearing date, time and place, to be completed within ten days of the effective date of the notice, before a Hearing Officer designated by the City Manager, at which the owner may appeal the decision of the Chief of Police. Notwithstanding the foregoing, the hearing shall be conducted in accordance with SCCC § 2.115.070 through § 2.115.100 .

(Ord. 1989 § 1, 10-16-2018; Ord. 2007 § 11, 11-19-2019)

Any person found to be owning or operating a taxicab or pedi-cab in the city in violation of the provisions of this chapter shall be issued a notice of violation by the Santa Clara Police Department, in person or by mail, to be enforced in accordance with the provisions of SCCC Title 1 ("General Provisions") and the provisions of this chapter. Operation of a taxicab without a valid permit shall be punishable by an administrative citation in an amount not less than five thousand dollars ($5,000.00) pursuant to Government Code Section 53075.5(i) .

(Ord. 1989 § 1, 10-16-2018)