Watsonville Municipal Code Art. 6 Enforcement

The Chief of Police, or the Council on appeal, shall have the power to suspend or revoke a taxicab 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 operator’s permit or of this chapter.

(b) Any act or omission of the owner of any fact or condition which, if it existed at the time the application for a operator’s 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.

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

(e) Voluntary written request by the owner to suspend the operator’s permit for a definite period of time.

(f) Failure of the owner to pay when due any applicable taxes imposed by the City.

(g) Any activity that impairs the safety of passengers.

(§ 1, Ord. 1401-20 (CM), eff. March 26, 2020)

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

(a) Suspension, revocation or expiration of the driver’s privilege granted by the Department of Motor Vehicles of the State to operate a motor vehicle on the public highways of the State.

(b) The violation by the driver of any of the terms, conditions or requirements of the taxicab driver’s permit or of this chapter.

(c) Any act or omission of the driver of any fact or condition which, if it existed at the time the application for a taxicab driver’s permit was filed, would have warranted the denial of the application.

(d) Failure of the driver to pay any judgment against the driver for personal injury or death, or property damage arising out of the driver’s operation of a public transportation vehicle, within thirty (30) days after the judgment has become final.

(e) The driver consumed drugs or alcohol or is under the influence of drugs or alcohol while on duty or is convicted of a crime relating to drugs or alcohol.

(f) Failure of the driver to pay when due any applicable taxes imposed by the City.

(§ 1, Ord. 1401-20 (CM), eff. March 26, 2020)

Revocations or suspensions shall be administered as follows:

(a) An operator’s permit or a taxicab driver’s permit issued pursuant to this chapter shall be revoked or suspended only after the owner or driver 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 suspension or revocation of a permit exists, he/she shall give the holder of the operator’s permit or taxicab permit written notice stating the alleged grounds for the suspension or revocation and the effective date of the suspension or revocation. This notice will be by certified mail, return receipt requested, sent to the address shown on the last application or renewal, or by personal service. The decision of the Chief of Police to revoke or suspend an operator’s permit or taxicab driver’s permit may be appealed to the Council. The notice shall provide the permit holder with information on the appeal process.

(c) The license holder must submit a request for an appeal hearing to the Council within ten (10) days of receipt of written notice.

(d) Upon receipt of a request for an appeal hearing, the Council shall conduct a hearing within forty-five (45) days of the request. The Council shall notify the permit holder in writing of the date, time, and place of the hearing. The hearing shall not be less than ten (10) days after the service of the notice of hearing by postage of the notice by certified mail, return receipt requested, or by personal service.

(e) The suspension or revocation shall be stayed pending the outcome of the appeal hearing.

(f) At the hearing, both the holder of the operator’s permit or taxicab driver’s permit and the Chief of Police shall have the right to appear and be represented by counsel and to present evidence and arguments which are relevant to the grounds for the appeal, as stated in the written grounds for the appeal hearing. Within ten (10) working days of the conclusion of the hearing, the Council shall issue a written decision which states whether the decision of the Chief of Police is upheld, modified, or reversed; the length of any suspension, and the effective date of the suspension or revocation. The decision of the Council shall be served on the holder of the permit by certified mail, return receipt requested, or by personal service.

(g) The decision of the Council shall be final.

(h) Upon a written decision of the Council which suspends or revokes an operator’s permit or taxicab driver’s permit, the holder of the operator’s permit or taxicab driver’s permit shall surrender the permit to the Chief of Police immediately after service of the notice of the decision.

(§ 1, Ord. 1401-20 (CM), eff. March 26, 2020)

(a) The Chief of Police may issue an order suspending a operator’s permit or a taxicab driver’s permit for a period not exceeding ten (10) days without having conducted a hearing therefor, if the Chief determines that the continued use of the permit will cause immediate hazard to the public safety, health or welfare.

(b) Within ten (10) days of the effective date of the order, the Chief of Police shall hold a hearing for the owner or driver to show cause why the permit should not be suspended or revoked.

(c) The order issued by the Chief of Police under subsection (a) of this section shall also contain a notice of the hearing setting forth the date, time and place of the hearing.

(§ 1, Ord. 1401-20 (CM), eff. March 26, 2020)

Any person found to be operating a taxicab in the City in violation of this chapter shall be issued a notice of violation by the Police Department, in person or by mail.

(a) The violator shall schedule a hearing by mail, phone or in person with the Police Department within twenty (20) days of receipt of the notice of violation.

(b) The Police Department shall conduct a hearing before issuing a citation to the violator or imposing a penalty. The hearing official may conduct the hearing informally, both as to rules of procedure and admission of evidence, in any manner which will provide a fair hearing.

(c) If the violator waives their right to a hearing in writing, fails to schedule a hearing with the Police Department in the permitted time, or fails to appear at the scheduled hearing, the Police Department shall affirm the violation and issue a citation.

(d) The hearing official shall set forth their decision to affirm or cancel the notice of violation in writing. If the notice of violation is affirmed, a citation shall be issued imposing a penalty not to exceed Five Thousand and no/100ths ($5,000.00) Dollars. The hearing official shall consider the following factors when determining the penalty amount:

(1) Whether the violator has previously violated the license or driver’s permit requirements or other provisions of this chapter;

(2) Whether the violator concealed or attempted to conceal their noncompliance with the license or driver’s permit requirements; and

(3) Such additional factors as the hearing official may deem appropriate.

(e) This section shall supersede any penalty provisions set forth by any ordinance or resolution of the City.

(§ 1, Ord. 1401-20 (CM), eff. March 26, 2020)

In the consideration of applications for a driver’s and/or owner’s license, and in the cancellation thereof by the Chief of Police and/or the Council, the Chief of Police and/or the Council may take into consideration the number of complaints which may have been made against any driver and/or owner for overcharging or exceeding the schedule of rates listed in such public motor vehicle and with the City Clerk and Chief of Police, and for other causes.

(§ 1, Ord. 1401-20 (CM), eff. March 26, 2020)