§ 5.64.057. Operation of a taxi business without a permit.

A.

Pursuant to California Government Code Section 53075.7, upon receipt of a complaint containing sufficient information to warrant conducting an investigation, either the City Administrator or the Chief of Police shall investigate any business that advertises or operates taxicab transportation service for hire.

B.

To warrant investigation, a complaint must meet the following criteria:

1.

The complaint must be submitted to the City Administrator in writing;

2.

The complaint must be signed by the complainant;

3.

The complaint must specify the following information:

(a)

The name of the taxi company that is operating without a permit, or, if no company name is provided, other information, such as an advertised telephone number or website or a vehicle license plate number, that will allow the identification of the operator;

(b)

The date, time and place where the violation occurred;

(c)

The nature of the unpermitted activity, including, but not limited to, advertising directed at Oakland customers and picking up customers in Oakland.

C.

Upon receipt of a complaint that meets the required criteria and upon determination that the activity complained of alleges the operation or existence of unpermitted taxi(s), the City Administrator will authorize an investigation and will either conduct the investigation or request the Chief of Police to conduct the investigation.

D.

If the investigation confirms that an unpermitted taxi business is being advertised and/or operated, the investigating agency shall:

1.

Inform the business that they are in violation of the law;

2.

Within 60 days of informing the business pursuant to paragraph 1, institute civil proceedings (e.g., pursuant to OMC Chapters 1.08 or 1.16) or criminal proceedings or both);

3.

Notify the business, by regular first class mail, that, pursuant to Government Code Section 53075.8, the City intends to seek termination of the operator's telephone service.

E.

If the City receives no timely protest of the intent to terminate telephone service or, if after a protest hearing, the Hearing Officer determines that the allegations are sufficient to justify seeking termination of the telephone service of the unpermitted taxi operator, the City Administrator may seek termination as provided by Government Code Section 53075.8.

F.

If, after a hearing, the Hearing Officer finds that any person or corporation is operating a taxicab service without a valid permit, the City Administrator may impose, in addition to any other penalties authorized by law, a fine pursuant to Government Code Section 53079.5, plus the reasonable expenses of the investigation, plus interest, as specified in the Master Fee Schedule, on any delinquent fine.

G.

Operation of a taxi without a permit issued by the City constitutes a violation of this chapter and a public nuisance and is subject to all available remedies, including, but not limited to, the remedies provided in the prior Subsection, the provisions of OMC Chapters 1.08, 1.12, and 1.16, and civil and criminal prosecution.

(Ord. No. 13161, § 4, 5-21-2013)