§ 31-74. Penalties for violating Sections 31-68—31-76.

(a)

A violation of this article shall constitute a civil offense punishable by the applicable civil penalty as provided in the schedule of penalties in Section 8CC-10 of the Code. Failure of a person providing passenger for hire service to pay a civil penalty within sixty (60) days of the due date for paying such fine as specified on the civil violation notice or within sixty (60) days of the date of the final outcome of any timely filed appeal of such violation notice, whichever is later, shall result in automatic suspension of such person's passenger for-hire authority and all for-hire operations shall cease until such fine is paid in full.

(b)

Any person who is found guilty on at least two (2) prior occasions within a three-year period of violating a provision of this article shall for the third such violation be punishable by fines of greater than five thousand dollars ($5,000.00) but less than ten thousand dollars ($10,000.00) and/or imprisonment not to exceed forty-five (45) days. Findings of guilt under the provisions of Chapter 8CC-10 of the Code for violations of this article shall be counted for the purposes of establishing the prior record for this subsection.

(c)

Notwithstanding the provisions of this article, the Consumer Services Department Director may secure enforcement of the provisions of this article by any legal action necessary, such as application to any court for injunctive relief or other appropriate relief.

(d)

For purposes of this article, the term "passenger vehicle for hire" shall mean any vehicle regulated by Chapter 4, article III, or Chapter 31 of the Code and the terms "driver" or "operator" of a passenger vehicle for hire shall mean any driver or operator regulated by Chapter 4, article III or Chapter 31 of the Code.

(Ord. No. 88-118, § 2, 12-6-88; Ord. No. 99-08, § 1, 1-21-99)