ARTICLE II. SCOPE OF AUTHORITY AND GOVERNANCE
30-2 Applicability.
The provisions of this chapter shall apply to all vehicles for hire, vehicle for hire drivers, and vehicle for hire companies operating in the city or at the airport whether or not they are legally and validly licensed pursuant to this chapter. The absence of a license is no defense to any regulatory action pursuant to this chapter, including penalties and fines.
(Ord. of 2-16-16)
30-3 Enforcement of chapter.
This chapter shall be enforced by the board, the vehicle for hire administration office, the city police department, any airport ground transportation personnel, and/or any other law enforcement officer assigned by the city.
(Ord. of 2-16-16)
30-4 Licensing board.
(a) A vehicle for hire licensing board (board) is established, which shall be composed of five (5) members appointed by the city council with mayor presiding. The initial terms of the members shall be staggered. The first two (2) shall be appointed for a term of three (3) years, and the remaining three (3) shall be appointed for a term of two (2) years. Thereafter, all such appointments shall be for a term of three (3) years commencing the first day of July following their appointment and continuing until their successors have been appointed and qualified. In making appointments, the city council with mayor presiding should consider including members of the general public who use vehicles for hire, representatives of the vehicle for hire industry, representatives from the public safety community, and any other persons expressing an interest in serving, but they are not required to satisfy each category of representatives when making appointments. Terms of board members shall be for three (3) years. Three (3) members of the board shall constitute a quorum.
(b) Authority. The board shall diligently see that all ordinances related to vehicles for hire operating in the city and the airport are enforced and promulgate such rules and regulations, policies and procedures, and enforcement system and practices as are necessary to ensure the efficient administration of and compliance with standards established in this chapter.
The board shall have authority to audit licensees’ filings, monitor licensees’ conduct and operations, and to affirm or reverse decisions made by the administration office. The board shall also have the authority to fine a licensee and/or suspend or revoke a license for any violation of this chapter.
(1) Out of service order. The board shall have the authority to order removed from operation on the streets of the city or airport any vehicle regulated by this chapter which is deemed unfit for public patronage, and to prohibit operation of such vehicle pursuant to this chapter until all deficiencies have been corrected. The board or its designee shall have the sole authority to determine if deficiencies have been corrected.
(2) Removal and impoundment. The board shall have authority to order removal and impoundment by its designee of any unauthorized vehicle, including one ordered out of service pursuant to subsection (b)(1) of this section, or any vehicle being used by any unlicensed or suspended driver after previous written warning has been given the owner and driver of the vehicle. The vehicle shall be removed and impounded in accordance with due process requirements.
(c) Appeals. The board shall have the authority to hear appeals regarding denials, suspensions and/or revocations of licenses issued by the administration office pursuant to this chapter, and to hear complaints regarding all vehicle for hire operations in the city and at the airport. In the event that the total membership of the board falls below a quorum as defined in Section 30-4(a), authority to hear appeals and complaints shall be vested in a joint committee comprised of the board and the transportation, energy, and utilities committee ("joint committee") until such time as the membership on the board reaches a quorum. After holding a hearing on any such matter, the board or joint committee shall issue a written decision. The board or joint committee, in addition to having the authority to affirm or reverse an action of the administration office and to issue its own determinations regarding complaints, may also impose a fine of up to eight hundred dollars ($800.00) per day for each violation of this chapter found. This fine may be in addition to any fines imposed for a municipal violation. Any decision by the board or joint committee under this chapter shall be final. Any aggrieved person may appeal a decision of the board or joint committee by instituting relief in the Chittenden Superior Court under V.R.C.P. 74.
(Ord. of 2-16-16; Ord. of 10-25-21(1))
30-5 Vehicle for hire administration office.
A vehicle for hire administration office is established within the city clerk/treasurer’s office. Under the direction and supervision of the city’s chief administrative officer with the oversight of the board, the administration office shall be responsible for examining applications for vehicle for hire licenses in the city, performing criminal and motor vehicle record and other background information checks when requested by an applicant, performing compliance audits of existing licensees, and thereafter granting or denying licenses pursuant to the requirements of this chapter.
The administration office shall also be responsible for the day-to-day administration of the vehicle for hire ordinance and shall implement the rules and regulations, policies and procedures, and enforcement practices and systems promulgated by the board. A vehicle for hire administrator and a vehicle for hire enforcement officer are hereby established for this purpose.
(Ord. of 2-16-16)