HomeMy WebLinkAboutTOR RES 332 LL # 16 Taxicabs & Vehicles Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics
Records Management Officer
Marriage Officer
May 5, 2011
Suffolk County Planning Department
L.I. State Park Commission
Town of Southold
Town of Southampton
Town of Brookhaven
ENCLOSED HEREWITH please find the following resolution which were adopted by the
Riverhead Town Board at a Regular Town Board meeting on May 3, 2011
Res. #332 -ADOPTS A LOCAL LAW FOR THE ADDITION OF CHAPTER 99 ENTITLED
"TAXICABS AND VEHICLES FOR HIRE" OF THE RIVERHEAD TOWN CODE
Please add this text to the Riverhead, New York Code Book.
If you have any questions, please call Carol Del Vecchio at 631-727-3200, Ext 262, or Diane Wilhelm at
Ext. 260
Sincerely,
Diane M. Wilhelm
Town Clerk
200 Howell Avenue ~ Riverhead, New York 11901 ~ (631)727-3200 Ext. 260 ~ Fax (631)208-4034
Office of the Town Clerk
Diane M. Wilhelm, Town Clerk
Registrar of Vital Statistics
Records Management Officer
Marriage Officer
May 5, 2011
We would appreciate your signing this letter acknowledging receipt of this Resolution and returning it to ~¢
Office of the Rivcrhcad Town Clerk. (Resolution# 332 from Town Board Meeting 5.3.11)
Sincerely,
Diane M. Wilhelm
Signature:
Town Clerk
DW:cd
200 Howell Avenue ~ Riverhead, New York 1190t~ (631)727-3200 Ext. 260 ~ Fax (631)208-4034
05.03.2011 ADOPTED
110332
TOWN OF RIVERHEAD
Resolution # 332
ADOPTS A LOCAL LAW FOR THE ADDITION OF CHAPTER 99 ENTITLED
"TAXICABS AND VEHICLES FOR HIRE" OF THE RIVERHEAD TOWN CODE
Councilman Gabrielsen offered the following resolution,
which was seconded by Councilwoman Gi.qlio
WHEREAS, the Town Clerk was authorized to publish and post a public notice to
hear all interested persons to consider a local law for a proposed addition of Chapter 99
entitled "Taxicabs And Vehicles For Hire" of the Riverhead Town Code; and
WHEREAS, a public hearing was held on the 20th day of April, 2011 at 7:05
o'clock p.m. at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York, the
date, time and place specified in said public notice, and all persons wishing to be'heard
were heard.
NOW THEREFORE BE IT RESOLVED, that a local law for the addition of
Chapter 99 entitled "Taxicabs And Vehicles For Hire", of the Riverhead Town Code is
hereby adopted as specified in the attached notice of adoption; and be it further
RESOLVED, that the Town Clerk is hereby authorized to publish the attached
notice of adoption once in the News-Review Newspaper, the official newspaper, and to
post same on the signboard at Town Hall; and be it further
RESOLVED, that all Town Hall Departments may review and obtain a copy of
this resolution from the electronic storage device and, if needed, a copy of same may
be obtained from the Office of the Town Clerk.
THE VOTE
Giglio [~Yes E]No Gabrielsen [~Yes ii]No
Wooten []Yes r-]No Dunleavy [~Yes iilNo
Walter [~Yes i--INo
The Resolution Was [] Thereupon Duly Declared Adopted
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TOWN OF RIVERHEAD
NOTICE OF ADOPTION
PLEASE TAKE NOTICE, that the Town Board of the Town of Riverhead
adopted a local law for the addition of Chapter 99 entitled "Taxicabs And Vehicles For
Hire" of the Riverhead Town Code at its regular meeting held on May 3, 2011. Be it
enacted by the Town Board of the Town of Riverhead as follows:
PART II
GENERAL LEGISLATION
Chapter 99
TAXICABS AND VEHICLES FOR HIRE
99-1. PURPOSE.
A_~. The purpose of this chapter is to regulate the activities of taxicabs and other
vehicles for hire in the Town. of Riverhead. History has shown that there is a need for
investigation and review of the conduct of taxicab drivers and vehicles for hire in order to
ensure the health, safety, and welfare of residents and visitors within the Town of
Riverhead. Indeed one of the Town Board's highest priorities is to protect the peace and
security of our citizens on the highways in our community.
B_~. Thus, this chapter is intended to enhance the peace and security of our citizens in
their homes and neiqhborhoods; to safeguard consumers against fraud and inferior
services; and to prevent congest on and unsafe conditions on the streets and highways of
the Town.
99-2. DEFINITIONS.
A, Word usage.
Words used in the singular in this chapter shall include the plural and vice versa. The word
"shall" is always mandatory.
B. Definitions.
The following definitions shall govern the interpretation of this chapter unless otherwise
expressly defined herein:
BUSINESS - Includes any single act of transportin,q a passen,qer or passengers in_a motor
vehicle for hire or for compensation of any kind upon the public streets, roads and
highways within the Town of Riverhead.
BUSINESS LICENSE - Written authorization which permits a person to enqage in the
business of transportation for hire or to employ others for said up_up_g~oses.
CRUISING - To travel about the street and roadways at random.
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DEPOT- An additional place of business in the area where an owner's terminal is located.
DRUG TESTING POLICY/RANDOM DRUG. TESTING POLICY - A written policy that
meets the minimum requirements for the testing of holders of a Commercial Driver's.
License for drugs and/or alcohol developed by the U.S. Department of Transportation and
Federal Motor Carrier Safety Administration as set forth in the Code of Federal Regulations
in 49 CFR Parts 40 and 382.
FARE: A transportation charge or the pdce of passage or the sum paid or due for
conveying a person b_by taxicab or vehicle for hire,
LIMOUSINE: Any motor vehicle ~ in transportation for hire in connection with
funerals, weddings, proms and other events or functions of a similar nature or in
connection, with general transportation for hire when, at the prior request of the
passenger(s), an unmarked livery is used and pickup is made by prior arrangement,
whether hired by the hour, by the day or for a fixed fare, and/or so licensed by the New
York State Department of Motor Vehicles.
OPERATOR: A natural person who is entitled to obtain in his or her own name proper
New York State licensing for the operation of a motor, vehicle for the purpose of
transportation for hire.
OPERATOR'S PERMIT-Written authorization which permits an operator to engage in the
business of transportation for hire within the Town of Riverhead.
OWNER: Includes a person, as defined herein, who is a business owner, principal,
director and/or officer o_fa business, a purchaser under a reserve title contract, .conditional
sales contract or vendor's lien agreement and a lessee who is entitled to obtain in his or
her own name proper New York State registration of the vehicles en_aa.aed in the business
of transportation for hire, and/or a person owning or controlling one or more taxicabs or
limousines and operating/driving or causing robe operated/driven any such vehicle for hire.
PASSENGER - Includes any person other than the operator/driver who is an occupant of a
taxicab or limousine upon the public streets, roads and highways within the Town of
Riverhead.
PERSON - Includes natural persons, corporations, partnerships, unincorporated
association~ or any other organizations of two or more persons.
TAXICAB - Any motor vehicle engaged in the business of transportation for hire, other than
a limousine, whether the same is operated from a street stand or subiect to calls from a
garage.
VEHICLE PERMIT- Wdtten authorization which permits the use of a specific vehicle in the
business of transportation for hire within the Town of Riverhead.
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TAXI STAND - A public place alongside the curb of a street or elsewhere which has been
so designated as reserved exclusively for the use of all taxicabs licensed pursuant to this
chapter.
TERMINAL - A fixed base of operation of the owner of the taxicab or limousine.
TOWN - Includes all areas within the Town of Riverhead exclusive of areas wholly within
any incorporated village.
TRANSPORTATION FOR HIRE - Includes the transporting of a passenger o_r passengers
in a motor vehicle for hire or for compensation o~ an,/kind, upon th__ge public streets, roads
and highways within the Town of Riverhead.
VEHICLE FOR HIRE - Includes any motor vehicle used in the transporting of a passenger
o~r passengers, fo__[r h re o.._[r fo_~r compensation of any kind, upon the public streets, roads and
highways within the Town of Riverhead.
ZONE - An area within the Town
.~ 99-3. EXEMPTIONS.
The provisions of this chapter shall not apply to vehicles solely owned and operated for the
activities set forth herein:
A_~. Business. vehicles engaged in a business other than transportation for hire,
wherein said vehicles are used solely for transportation of clients of said business,
whether for a fee or not, and are not made available for hire by persons other than
clients of the principal business.
B_~. Hotel vehicles enqa(~ed in the transportation of hotel guests only.
C. Club vehicles engaged in th_ge transportation of club members only.
D. Public or private school vehicles engaged in the transportation of school pupils
only.
E. Buses as defined by the New York State Vehicle and Traffic Law.
F~ Limousines as defined in this chapter.
G. Vehicles for hire engaged in transportation from a point outside the Town of
Riverhead to a point within th_~e Town, from a_ point within the Town to a point outside
the Town, or from a point outside the Town to another point outside the Town and
passing throu.~h the Town of Riverhead.
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:~ 99-4. ,BUSINESS LICENSE.
A._:. It shall be unlawful for any person to engage in the business of transporting people for
hire by a taxicab, from point to point within the confines of the Town of Riverhead, without
having first obtained a license to conduct such business from the Town Clerk.
B._~. Application.
(1) To obtain a business license required by this section, o__r any renewal thereof, a verified
application shall be made to the Town Clerk, upon a form to be furnished by the Town
Clerk, whi application shall set forth the following information:
(a) The name and permanent address of the applicant, the
applicant's telephone number and social security number. If the
applicant is a corporate entity, the name and address of all officers,
partners, directors, members, and/or stockholders of the applicant,
the applicant's federal tax identification number and telephone
number,
~ The make, model, year, seating capacity, vehicle identification
number and license plate number of each vehicle to. be used in said
taxicab business.
The registered owner of each vehicle to be used in said taxicab
business. No business license shall be issued to any person unless
he is the owner of each taxicab operated in his name.
d~) The names and addresses of all vehicle operators.
(e) The name, address, telephone number and title of the person
designated to accept process or other legal notices on behalf of the
licensee. The licensee is required to designate an agent who resides
in the County of Suffolk for the service of process of any notices set
forth in this chapter or for the service of process of a violation of this
chapter.
~f) Details of any convictions, for misdemeanors and felonies,
including the nature of the offense for which arrested and ultimately
convicted, the date of arrest and conviction, the place where said
conviction was had and the sentence imposed.
(2) Ln addition the requirements set forth in subdivision (1) of this section, prior to
obtaining a business license required by this section, o._[r any renewal thereof, the business
owner shall certify that the business has a written drug testing policy as defined herein.
C. Form.
A business license shall state the name and address of the licensee, the date of the
issuance and expiration of said business license, and that the licensee is authorized to
engage in the business of transportation for hire by the Town of Riverhead.
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D._: Term.
The term of the business license shall be for a term of one year.
E. Postin,q of business license.
A business license shall be conspicuously posted, in ful__JI public view, in the main office of
the licensee.
F. Renewal.
Application for the renewal of a Business License shall be filed no later than 30 days prior
to its expiration. The application shall be verified and shall set forth the information listed in
.~ 99-4(B) of this chapter. Forms for the renewal application shall be supplied _bY the Town
Clerk and shall be requested b_y the licensee,
G. Modification.
Any change in cimumstance with regard to the information required
hereinabove shall be reported to the Town Clerk within thirty (30) days of occurrence.
,~ 99-5. OPERATOR'S PERMIT.
A__~ It shall b_ge unlawful for. any person to drive or operate or. as an owner, to allow any
person, including th__9 owner, Lo d dv____e_e o_~r operate a taxicab or other motor vehicle engaged in
transportation for hire, as defined herein, without having first obtained an Operator's Permit
to drive or operate a taxicab from the Town Clerk.
B__: Application.
To obtain a_ permit required by this section, o__r any renewal thereof, a verified application
shall be made to the Town Clerk, upon a form to be furnished b_y the Tow_~Qn Clerk, which
application shall set forth the following information:
('1) The name and permanent address of the applicant.
(2) Any other names ever used by the applicant.
(3) The applicant's place of residence for the past five-year period.
(4) The applicant's age, dat__e of birth, color, height, weight, colo___~r of
eyes, color of hair, place of birth and citizenship.
(5) Whether or not the applicant has ever been convicted of a crime
and, if so, the details of such conviction, including; the offense the
applicant was convicted of, the date and court of conviction, and the
sentence imposed.
(6) The applicant's license classification and license .number. All
applicants must hold the proper license from the State of New York to
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operate a taxicab to be issued an Operator's Permit.
C, Additional Requirements.
In addition to a completed application, a_Qn applicant must comply with the following
requirements in order to be considered for an Operator's Permit.
~ Photograph. All Operator Permit applications shall be
accompanied by four (4) unmounted, unretouched photographs of
the applicant, showing head and shoulders, taken within thirty (30)
days of the date of the application. Said photographs shall be two by
two (2 x 2_~ inches in size.
~ Fingerprints When the application form has been completed,
the applicant shall appear at the Riverhead Town Police Department
to be fingerpr nted The Chief of Police shall mail a copy of the
finger, pr nts _to the Division of Crimina! Justice Service, Albany, New
York, requesting a fingerprint search. Prior to the finclerprintinc~ the
Town Clerk shall secure from the applicant the required fee in the
form of a check or money order made payable, as r~ to the
New York State Division of Criminal Justice Services to be
forwarded with such. fingerprints. The fee for fin~erpr nt nm is in
addition to the fees required to be. paid to the Town Clerk.
(3) Physicians Statement. The applicant must submit a written
statement from a medical doctor licensed Lo practice medicine in the
State of New York stating that the applicant is physically and
mentally fit to safely operate a motor vehicle.
(4) Drug Test. The applicant must submit a certification from his
employer that he has passed a pre-employment dru.q test.
(5) Driver's License and Abstract. The applicant must submit a
copy of the applicant's New York State driver's license alonq with a
New York State Ddver's Abstract detailing the applicant's driving
history dated with 10 days of the date of the application is submitted
to the Town Clerk.
D. Form.
The permit shall contain the name, address, date of birth, signature and photograph of the
applicant. It shall state the dates of issuance and expiration of the permit. In addition there
shall be sufficient blank spaces to record any suspension or revocation of the permit.
E. Term.
The term of the permit shall be for one year from date of issuance.
F. Posting.
The permit shall be conspicuously posted and securely fastened on the visor on the
driver's side of the taxicab.
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G. Renewal.
Application for the renewal of an Operator's Permit shall be filed no later than 30 days prior
to its expiration. The application shall be verified on a form furnished by the Town Clerk
and shall contain the information required by ~ 99-6(B) and (C) and all their subsections.
A__Qn applicant requesting to renew an Operator's Permit shall request a renewal form from
the Town Clerk either in person or in writing.
H_~. Temporary permit.
(1) The Town Clerk may issue a temporary permit to an applicant, who is otherwise
qualified, pending the investigation of the applicant's application for a full permit.
(2) The holder of a temporary permit shall be subject to all the provisions of this chapter.
The duration of a_ temporary permit shall be thirty (30) days.
(3~ No temporary permit may be issued until the applicant has submitted a certification
from the applicant's employer that the applicant has passed a pro-employment drug test.
I. Modification.
Any change in circumstance with regard to the information required hereinabove shall be
reported in writing to the Town Clerk within thirty (30) days of occurrence.
J. Denial of Operator's Permit.
(1) The Town Clerk shall not issue an Operator's Permit in the following instances:
.(_a_) The applicant has a conviction for any of the offenses:
i. A felony within the last 10 years.
ii. Any crime involving the manufacture, transportation,
possession, or sale of illegal drugs as defined by New York
Penal Law.
iii. A crime involving the operation of a motor vehicle under the
influence of alcohol or drugs.
iv. Any offense that requires the applicant to register as a sex
offender.
v_. Reckless driving.
vi. Endangering the welfare of a child.
(b). It is determined by the Town Clerk that the applicant made a
false, misleading or fraudulent statement in the application for an
Operator's Permit.
(c). The applicant has been convicted of offense for violating a
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provision of this chapter a minimum of 3 times.
99-6. VEHICLE PERMIT.
A. It shall be unlawful for. any person to operate or permit to be operated a taxicab from
point to point within the confines of the Town of Riverhead, without having first obtained
therefore a vehicle permit from the Town Clerk. All taxicabs licensed _bY the Town of
Riverhead shall be registered in the State of New York and must have the proper
registration and license plates for a taxicab as required by the New York State Department
of Motor Vehicles.
B._.~, Application.
(1) To obtain a Vehicle Permit as required by this section, or any renewal
thereof, a verified application shal! be made to the Town Clerk, which
application shall set forth the following information:
(a) The name and resident address of the applicant and the
registered owner of the vehicle.
(b) The business address from which the taxicab will be used
and the business license under which it will be used.
(c) The make, model, year, seating capacity, vehicle
identification number and the license plate number.
(d) If the vehicle has been previously used as a taxicab and
where.
(2) In addition to the application, a__Qn applicant for a Vehicle Permit shall
provide the following:
(a) Proof that the vehicle is properly registered in New York
State as required by this section.
(b) A valid certificate of inspection from a business licensed as
a New York State Vehicle Inspection Station.
(c) Proof that the vehicle is insured as required by the New
York State Department of Motor Vehicles.
C. Form.
The Vehicle Permit shall state the name and address of the registered owner; if the vehicle
is leased, the name and address of the party to which it is leased; .the seatinq capacity; the
year, make and model; the license plate number;, and the business license number under
which the taxicab is being operated.
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D. Term.
The term of the Vehicle Permit shall be for one year from date of issuance.
E. Postinfl.
The Vehicle Permit shall be conspicuously posted and securely fastened on the interior of
such vehicle in such a manner as to be readily visible to a passenger in the rear seat.
F_.~, Identification sticker.
(1) When issuing a Vehicle Permit, the Town Clerk shall also deliver to a sticker beadnq
the Vehicle Permit. number, the vehicle license plate number and the expiration date of the
Vehicle Permit. Each such sticker must be securely affixed to the rear bumper of the
vehicle. The sticker is to remain there and shall be kept clearly visible at all times.
(2) Should this sticker become lost, stolen or destroyed through no fault of the owner, the
Town Clerk shall issue a duplicate sticker at a fee as set b_y the Town Board.
G. Renewal.
A__Qn application for the renewal of a Vehicle Permit shall be filed no later than 30 days prior
to expiration. The application shall be verified and shall set forth the information listed in
~ 99-6(B) of this chapter. Forms for the renewal applications shall be supplied b_y the Town
Clerk and shall be requested by the licensee in writing or in person no later 45 days prior
to the expiration date of the current permit.
H, Modification.
Any change in circumstance with regard to the information required
hereinabove shall be reported to the Town Clerk within thirty (30) days of occurrence.
.6 99-7. OPERATOR REGULATIONS.
It shall be the duty of every Operator of a taxicab to comply with the following:
A. Each Operator shall keep the interior and exterior of his taxicab clean at
all times.
B. An Operator must transport all ordedy persons upon request, unless
already under hire.
C. An Operator must inform the Town Clerk, in writing, of any change in
address within seventy-two (72) hours.
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D__:. Operators shall thoroughly search his taxicab for lost or misplaced items
after the discharge of each fare.
E_.~. Operators shall inform the Town Clerk, in writing, with twenty-four (24)
hours of the loss or theft of the Operator's Permit.
F. Operators shall not transport a greater number of persons than the rated
capacity of the taxicab as listed on the Vehicle Permit.
G. After havinq accepted a person for transportation, an operator must
refuse to accept any other passengers without the consent of the person
first accepted for transportation.
H. At the request of any passenger, a_Qn Operator must .enforce no smoking
in their vehicle by all occupants, including the driver, during the presence o_f
th__ge passenger making said request.
I_. Operators may not use loudspeakers, noisemaking devices, or other
attention-seeking devices.
J~ Operators may not peddle any goods o_r property from the veh c e for hire.
K__~. Operators may not solicit the use of a vehicle for hire in violation of
Chapter 99 of the Code of the Town of Riverhead or for any purpose other
than transportation for hire.
L. An Operator may not allow any other person to use their Operator
Permit.
M__:. Operators shall maintain a written log of all trips, showing the time and
place each passenqer engages the taxicab and the time and place he
leaves the. taxicab, as well as the fare charged. The operator shall deliver a
copy o_f thi__s Io.q to the owner of the taxicab. The Io.q shall be retained by the
operator and the owner for a period of one (1) year.
N. No Operator shall engage in the act of cruising as defined in this
chapter.
O. An Operator shall not conduct himself in any manner or way that is
either dangerous or offensive to the general public.
P__,. Operator's shall, upon request o_f a member the Town Attorney
Investigation Unit or Town of Riverhead Police Department, produce for
inspection their trip log.
Q_..~. Operator's shall be subject to the same requirements as a holder of a
commercial ddver's license as set forth by the U.S. Department of
Transportation and the Federal Motor Carrier Safety Administration with
regard to the operation of vehicle and the consumption of alcohol and
drugs.
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R__~. Operator's must submit to and pass all alcohol and/or drug tests
required by this chapter.
,~ 99-8. OWNER REGULATIONS.
It shall be the duty of every owner ora taxicab, a_~s defined in this chapter, to__2
A. Inspect and repair all damage or malfunction to or in the vehicle or
equipment each week. All said repairs and maintenance to the vehicles shall
not be made while the vehicle is on the public street, public way or public
place.
B. Not allow the taxicab to be used in business if not in proper working
condition.
C__~. Equip and maintain each taxicab with interior lights, unde___~r the contr of
the driver~ which shall fully illuminate the passenger area when a passenger
is boarding o_r alighting from the veh c e
D. Not allow any person to operate the taxicab without an Operator's Permit
as defined by this chapter.
E. Maintain the Operator's log fo__~r a period of one (1) year and which must
be available for inspection by the Town, upon request, at all times during
said period.
F. Report to the Town Clerk the loss or the theft of the. Vehicle Permit, i_Qn
writing, within twenty-four (24) hours____~.
G. Ensure that all Operators employed bv the owner comply with all of
sections regard n,q the dut es, requirements and responsibilities of operators
contained in this chapter.
H. Develop, implement and follow a written drug testing policy as defined in
this chapter.
L Upon notification that an Operator employed by the Owner has failed a
drug test, the Owner must within 24 hours notify the Town Clerk in writinq,
that the Operator has failed a drug test and is no Ionqer eligible to operate a
taxicab in the Town of Riverhead. Notice to the Town Clerk must be sent by
Certified Mail.
J. Prevent an Operator from driving any taxicab owned by the Owner upon
notification that the Operator has failed a drug test until such time that the
Owner is notified by the Town Clerk in writing that the Operator's privilege to
drive a taxicab in the Town of Riverhead has been restored.
K. Maintain written records regarding all drug tests administered pursuant to
this chapter for a period of three (3) years and produce said records for
inspection upon the request of Town Clerk, Town Board, Town Investigative
Unit or Town of Riverhead Police Department.
L~ Maintain a maintenance log for each vehicle owned b_y the Owner for a
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period of one ~ year and which must be available for inspection by the
Town, upon request, at all times during said period..
99-9, LICENSE AND PERMIT SEAL AND RECORD.
A_=. Each license and permit issued pursuant to the provisions of this chapter
shall be stamped with the Seal of the Town of Riverhead.
B. In addition, th_ge Town Clerk shall keep a record of all licenses and permits
issued pursuant to this chapter. Such record shall list the complaints,
suspensions and revocations recorded against each licensee and permit
holder and such record shall be open to view by the public durinq regular
business hours. Upon receiving any complaint, the Town Clerk shall forward
such complaint to the Investigation Unit of the Town Attorney's Office for
investigation.
~. 99-10. TRANSFER OR ASSIGNMENT.
It shall be a violation of this chapter for any person to transfer or assign, o_[r to accept
transfer or assignment, of any license or permit issued under this chapter from person to
person or from vehicle to vehicle.
,~ 99-11. LOSS OF LICENSE OR PERMIT.
Should any license o_r permit issued pursuant to this chapter be lost or stolen throuqh n_go
fault of the licensee or permit holder, the Town Clerk shall issue a duplicate license or
permit for a fee to be set b_y the Town Board.
99-12. LOST AND FOUND ARTICLES.
All property which is lost or misplaced in the taxicab shall be kept at the address listed on
th._ge business license under which the taxicab is operated for a period of one month. After
this period, i_f the property is still not claimed, it shall be brouqht to the Riverhead Town
Police Department and a receipt obtained.
,~ 99-13. INSPECTION.
A. Each and every taxicab licensed pursuant to the provisions of this chapter shall be
subject to inspection b_y the Investigative Unit of the Town Attorney's Office. Said
inspection shall concern the cleanliness of the taxicab, the required safety equipment, and
the proper posting of licenses and other items required b_y this chapter.
~ 99-14. POLICE INSPECTIONS.
Nothing in this chapter shall prevent the Riverhead Town Police Department from making
further routine inspections.
~ 99-15. REQUEST TO SUBMIT TO TESTING
A_~. Any member of the Town Attorney Investigation Unit or the Riverhead Town Police
Department may, upon reasonable suspicion that an Operator has consumed drugs or
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alcohol in violation of this chapter, th._ge New York Vehicle and Traffic Law and/or the New
York Penal Law, request that the Operator to submit to a drug and/or alcohol test.
99-16. DENIAL~ SUSPENSION OR REVOCATION OF LICENSE OR PERMIT.
A. The Town Clerk shall suspend or revoke a license or permit upon learning of a
violation, of this chapter. Notice of the revocation or suspension shall be mailed to the
licensee or permit holder by registered mail, at the address listed on She license or permit
application notifying that the license or permit holder that their license or permit has been
suspended or revoked and the reason for such suspension or revocation.
B. Any license or permit holder shall be entitled to a headnq to appeal a denial,
suspension or revocation. Any license or permit holder who wants to appeal a denial, or
suspension or revocation must notify the Town Clerk in writing that they wish to appeal the
denial, suspension or revocation. Said headn.q shall be held before the Town Board. The
Town Clerk shall notify the license or permit holder of the date, time and place of the
hearing, in writing, at least 30 days prior to the hearing. At the close of the hearinq, the
Town Board may suspend, revoke or uphold the denial of the license or permit or dismiss
the charges alleged. The Town Board must state the facts upon which the ruling is based.
C. Failure to comply with the provisions of this chapter shall be seen as sufficient cause for
the revocation or suspension of such license or permit.
D. Conviction of a violation of the New York State Vehicle and Traffic Law in a court of
competent iurisdiction regarding the equipment or workin.q condition of the taxicab shall be
grounds for the suspension or revocation of the Vehicle Permit.
E. The Town Clerk shall suspend any license or permit issued pursuant to this chapter
upon learning that the license or permit holder has been charged with any of the offenses
listed in section 99-5 ('J) (1
F~ The Town Clerk shall revoke any license or permit issued pursuant to this chapter upon
learning:
that the license or permit holder has been convicted of an offense listed in
section 99-5 (J)
2. that an application contained a false, misleading orfraudulent statement,
3. that a license or permit holder has 3 or more convictions for violating
provisions of the Riverhead Town Code, or;
4. that an Operator has failed a drug test as defined herein.
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.~ 99-17. VEHICLE R__EGULATIONS..
A. Each vehicle used as a cab, as defined hereinabove, must be equipped with a
permanent raised operational dome light affixed to the roof, with "taxi," "taxicab" or the
business name imprinted thereon, and must have "taxi" or "taxicab" and the business
telephone number permanently affixed to each side of the exterior, not less than four
inches in height, and the business name and address must be permanently affixed to the
lower portion of the front door, on each side of the exterior, not less than two ~ inches in
height.
B_~. The owner of each vehicle shall ensure that the vehicle and its equipment are inspected
at least once during each week, the results of which must be noted in the written log
maintained for that vehicle. Each vehicle in use must b_ge capable of passing all Town, state
and police inspections. Any and all repairs to the vehicle must be recorded in the
maintenance log.
C. Each vehicle must be kept clean, sanitary, fit, of good appearance and in a safe
condition for the transportation of passengers; including repair of all malfunctions and/or
damages and must comply with all alterations and/or additions that may b_ge required.
99~18. PASSENGER REGULATIONS, RIGHTS AND COMPLAINTS.
A. Issuance. Upon approval of an application for a taxicab license, the Town Clerk shall
issue a placard for each vehicle bearinq the title: "Passenger Regulations, Rights and
Complaints."
B. Posting. Owners, at all times, and operators, whil___e_e in possession of a vehicle, ar__ge
responsible for keeping said placard conspicuously posted and securely fastened in the
interior of each vehicle, in a clear and readable manner.
C. Contents. The placard shall set forth the activities by passengers that are prohibited,
their rights and where to file complaints, a_.~s prescribed by this chapter.
_~ 99-19. SURRENDER OF LICENSE OR PERMIT.
A_~ Disapproval, suspension or revocation.
Holders of licenses and/or permits issued pursuant to this chapter must surrender same to
the Town Clerk immediately upon demand after the disapproval, suspension or revocation
thereof.
B. Sales.
Holders of a license issued pursuant to this chapter, must surrender same to the Town
Clerk immediately upon, and in no case later than seven (7) days from, .the sale or other
disposition of a business or any vehicle.
C. State actions.
Holders of licenses and/or permits issued pursuant to this chapter must surrender same to
the Town Clerk immediately upon, and in no case later than seven (7) days from,
suspension or revocation by the State of New York of any relevant license, permit or
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registration.
99-20. SALE OF DISPOSITION OF VEHICLE.
Each person licensed pursuant to this chapter shall, upon the sale or other disposition of a
licensed taxicab or limousine, within twenty-four (24) hours, notify the Town Clerk of the
sale or other disposition, surrender the taxicab license issued for the vehicle and submit
proof that the license plates have been surrendered to the Department of Motor Vehicles.
99-21. PROHIBITED ACTIVITIES BY PASSENGERS.
The activities by passenqers set forth herein are unlawful, are therefore prohibited and are
the responsibility o_fthe passenger while occupying, enqa~inq o_rn anyway using _a vehicle
for hire:
A. Nonpayment. Passengers must pay th__ge agreed o._r established fare, a_As indicated on the
schedule of fares posted in the vehicle.
B. Disorderly conduct. Passengers must conduct themselves in an orderly manner.
99-22. PASSENGER RIGHTS AND COMPLAINTS.
A._~. Rights.
Passengers in vehicles for hire are entitled to quiet, safe, orderly, timely, comfortable
transportation, at a price stated o_Qn a Schedu of Fares, posted in the vehicle in a clear
and readable manner.
B. Complaints.
Passengers who wish to file complaints regarding poor service poor vehic conditions,
improper conduct or any other reason should do so by completing a complaint form
obtained from the Town Clerk and shall file with the Town Clerk the completed complaint
fo rm.
~ 99-23. TAXI STANDS
A. The Town Board may, from time to time, b_y resolution establish stands at such
locations upon the streets or other public places of the Town as it deems necessary for the
use of the taxicabs operated and driven by the persons licensed pursuant to this chapter
and prescribe the number of taxicabs that may occupy the stand at one time; however the
Town Board must find that such stands are required by the public convenience and
necessity and will not tend to create a traffic hazard.
B_= All taxi stands may be used by any taxicab licensed pursuant to this chapter and driven
bv any operator possessing an operator's permit pursuant Lo thi__As chapter, provided there is
a vacant space available therefor.
C_= No vehicle other than a taxicab, duly licensed pursuant to this chapter shall at any time
occupy any space established as a taxicab.
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~ 99-23. FEES.
A. Re.qular fees,
The town board shall set all fess under this chapter b_y resolution and shall adiust said fees
as the Board deems appropriate. The Town Clerk shall collect a fee, for processing the
following applications, at the time applications are presented for issuance, replacement,
substitution, processinq or hearing:
(1) For an Owner's License.
(2) For a Vehicle Permit.
(3) For a_Qn Operator's permit.
(4) For processing fingerprints by the New York State Division of Criminal Justice Service
at prevailing fee of that agency in the form of check or money order made payable to that
agency.
For a Revocation Hearing.
For an appeal of disapproval, suspension hearing or revocation hearing.
Late fees.
The Town Clerk~ shall collect addition fees at the time applications are presented for
renewal when said applications are made in excess of thirty (30) days after the expiration
date thereof.
C. Refunds.
Fees shall not be refunded in the event that an application is denied.
.~ 99-24, PENALTIES FOR OFFENSES.
A_~. Any person or persons committing an offense against this chapter or any section or
provision thereof is guilty of a violation punishable by a fine as indicated herein below or
imprisonment for a period not to exceed fifteen (15) days, or by both fine and
imprisonment, and eac____~h day's continued violation shall constitute a separate offense:
(1) First offense: not more than $500.00.
(2) Second offense: not more than $1,500.00 but not less than $500.00.
(3) Third offense: not less than $1,000.00, and additionally, revocation of the
license and/or permit issued pursuant to this chapter for a minimum of one
(1) year, after which reinstatement shall be based on a complete new
application process, including fingerprints.
B. In addition to any other remedy provided by law, the Town may bring an iniunction
proceeding or Supreme Court proceeding to enforce the provisions of this chapter.
C. Notwithstanding conviction for a violation hereunder, and imposition of a fine and/or
imprisonment therefor, any license o_r permit holder shall also be liable for suspension,
revocation or future disapproval of any license or permit held by him or her in his or her
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own or any business or corporate name for offense against this chapter. The provisions
contained in this chapter re.qardin.q disapproval, suspension and revocation shall be
controlling to effectuate any disapproval, suspension or revocation provided for herein.
,~ 99-25, SEVERABILITY.
If any part of or provision of this chapter or the application thereof to any person or
cimumstance is adjudged invalid b_y any court of competent jurisdiction, such iud.qment
shall be confined in its operation to the part of or provision of or application directly involved
in the controversy in which the iudgment shall have been rendered and shall not affect or
impair the validity of the remainder of this chapter or the application thereof to other
persons or circumstances.
99-26. WHEN EFFECTIVE.
A. The provisions of this chapter shall take effect immediately.
B. Notwithstanding the fore.qoin.q, Owners and Operators, as defined herein shall have.
6 months to from the date of adoption of this chapter to comply with the requirements of
this chapter.
· Underscore represents addition(s)
Dated: Riverhead, New York
May 3, 2011
BY ORDER OF THE TOWN BOARD
OF THE TOWN OF RIVERHEAD
DIANE M. WILHELM, Town Clerk
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