ARTICLE V. ENFORCEMENT
5.1 Scope of responsibility.
The owner of a vehicle which is permitted hereunder shall be responsible for the conduct of himself or herself, his or her agents, servants and employees.
(Reg. of 10-25-93)
5.2 Violations by taxis.
(a) Any taxi driver and any taxicab owner who violates any of the provisions of this chapter shall be punished as provided by section 1-9 of the Code of Ordinances of the City of Burlington, and upon conviction of any violation, shall forfeit his or her taxicab license or taxi driver license, or both, as the case may be.
(b) Any taxi driver and any taxicab owner having a queue permit shall, upon conviction of any violation, have his or her queue permit suspended or revoked as provided for in section 5.8 of this chapter.
(Reg. of 10-25-93)
5.3 Ground Transportation Offense.
Except as provided for in section 5.2 herein, a violation of any provision of this chapter shall be known as a ground transportation offense. Any enforcement officer who cites an accused for a ground transportation offense shall issue a ground transportation complaint as contemplated in section 5.4 herein. If the accused is not the permittee, a copy of the ground transportation complaint shall also be delivered to the permittee.
(Reg. of 10-25-93)
5.4 Form of complaint or information and summons.
(a) In all ground transportation offense cases the complaint shall be in a form known as the "ground transportation complaint," which shall be prepared in ticket form by the airport. The manager may dismiss any complaint.
(b) The ground transportation complaint shall inform the accused and the permittee of the following:
(1) Failure to comply with the instructions on this ticket will result in suspension of your ground transportation permit and/or queue permit at the airport.
(2) If you admit you have committed a ground transportation offense or are found after hearing to have committed the offense, your ground transportation permit and/or queue permit are subject to suspension and revocation as prescribed by airport rules and regulations.
(3) The option for the accused and permittee to waive appearance and hearing and admit to the offense.
(4) That if the accused or permittee elects not to admit to the offense he or she shall appear for a hearing upon the charges.
(Reg. of 10-25-93)
5.5 Procedure on failure to appear.
If a person fails to appear to answer a ground transportation complaint served upon him or her, the airport shall suspend the person’s ground transportation permit and/or queue permit until the person answers or appears.
(Reg. of 10-25-93)
5.6 Answers to ground transportation complaint.
(a) A person who is charged with committing a ground transportation offense may waive appearance and hearing with the consent of the manager and admit to the offense by a signed statement.
(b) A person who commits a ground transportation offense shall have his or her ground transportation permit and/or queue permit suspended or revoked pursuant to section 5.8 of this article.
(Reg. of 10-25-93)
5.7 Hearing.
(a) A person who does not elect to waive appearance and hearing on the complaint shall be notified of the date and time for a hearing upon the charges set forth in the complaint.
(b) A hearing upon such charges shall be held by the manager or other person designated by the manager for that purpose.
(c) The person against whom charges are preferred shall be entitled to be represented by counsel, to summon witnesses on his or her own behalf and to cross-examine those witnesses who testify against him or her. The burden of proving misconduct shall be upon the person alleging the same. The manager may permit the complaint to be amended to waive any omission or defect therein, or for any variance between the complaint and the evidence addressed at the hearing. If the respondent is substantially prejudiced in the presentation of his or her case as a result of the amendment, the manager shall adjourn the hearing to some future time.
(Reg. of 10-25-93)
5.8 Suspension or revocation of permit.
(a) When a person has been found to have committed a ground transportation offense his or her ground transportation permit and/or queue permit, as applicable, shall be suspended. Permit suspensions shall apply to the owner of the permitted vehicle. The length of the suspensions to be imposed are as follows:
(1) First Offense: five-day suspension.
(2) Second Offense within twelve (12) months of first offense: thirty-day suspension.
(3) Third Offense within twelve (12) months of first offense: ninety-day suspension.
(4) Any subsequent offense within twelve (12) months of first offense: Revocation of license and/or permit for one year.
(b) A person found to have committed a ground transportation offense shall surrender his or her license and/or permit, as applicable, to the manager immediately upon the expiration of ten (10) days after a finding of a violation. In the case of a suspension, licenses and/or permits will be returned after the expiration of the suspension period. In the case of a revocation, permits will not be returned and an individual interested in securing a license and/or permit following the expiration of the revocation period must reapply for a license and/or permit.
(c) A person whose ground transportation permit and/or queue permit has been suspended by the airport shall not furnish or attempt to furnish ground transportation services at the airport until such time as his or her license and/or permit has been reinstated by the airport. A person who violates this provision shall have their license and/or permit revoked for a period of five (5) years.
(Reg. of 10-25-93)
5.9 Appeal.
Any person aggrieved by a decision of the manager pursuant to this article may appeal to the commission by filing a written notice of appeal with the manager within ten (10) days of the decision complained of accompanied by a summary of those portions of the manager’s decision as to which he or she is complaining. The commission or a subcommittee thereof shall hear the appeal. The hearing on appeal shall be governed by section 5.7(c) and the decision of the commission shall be final.
(Reg. of 10-25-93)