§ 25-135. Violation of chapter; constitutionality of provisions.

(a)

It shall be unlawful for any person, either by himself or agent, to knowingly perform any act prohibited by the terms of this chapter or in any way violate the provisions thereof. A separate violation is committed each day in which a violation occurs. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined an amount not exceeding two hundred dollars ($200.00).

(b)

Prosecution for a violation under subsection (a) does not prevent the use of other enforcement remedies applicable to the person charged with or the conduct involved in the violation.

(c)

If any section, subsection, paragraph, clause, phrase, word, provision, or portion of this chapter shall be held to be unconstitutional or invalid by a court of competent jurisdiction, such holding or decision shall not affect or impair the validity of this chapter as a whole or any part thereof, other than the portion so held to be invalid.

(d)

A person operating a taxicab service under a permit or a driver holding a valid city chauffeur's permit on the effective date of this chapter shall continue to be considered qualified under this chapter until the expiration of said permit. Before the expiration of said permit, and in no event sooner than thirty (30) days prior thereto, all holders or drivers desiring to continue operation under the terms of this chapter shall apply for the applicable permit as provided herein.

(e)

If a written request for an appeal hearing is filed with the chief of police within the ten-day limit concerning any adverse decision made by the chief of police under this chapter, the city manager shall set a date for the hearing. The city manager shall hear and consider relevant evidence offered by any interested person. The formal rules of evidence do not apply. The city manager shall decide the appeal on the basis of a preponderance of the evidence presented at the hearing. The city manager shall affirm, reverse or modify the action of the chief of police. The decision of the city manager is final as to administrative remedies.

(Ord. No. 2014-02, § 1, 3-18-2014)