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HomeMy WebLinkAboutIslip Town of Islip, NY TAXICABS Page 1 of 10 d ®~~1 ®d ,~f~~y IV I Adrnin JUSOfK Ccurrv Sea: d; C3; cruse He(p quick Search SUb ' i Code ~ Emai( Pnnt ~ New Laws Chapter 49: TAXICABS Index ' [F%!SI JFY :CCl,ted h?th: iormn:3card o}the iormn oflslip7-~-r9~~~Editor's NOte: This ordinance also repealed former Ch. 4g, Taxicabs, adopted 63-r96g and amended ro-r4-r969, amended in i[s enUrety4-!5-~on. Subsequent amendments noted where app!ic361e.] GENERAL REFERENCES Vehicle and traffic regufations -See Ch. 5g. §49-1 Definitions. _ _i I § 49-2 Business license. i § 49-3 Taxicab license. _ _ _ _ § 49-4. Taxicab driver s license § 49-5 Dufies of taxicab drivers. 49-6 Duties of owners. E § 49-; License record and seal. ~ T § 49-8 Transfer, lease or assignment of licenses. § 49-9 Loss of license. ~ § 49-10 Lost and lowrd articles. i ~ § 49-11 Posted fare schedule. i ~ i § 49-12 Inspection. j §49-13Ltabrlity insurance; prooftequired. j _ - _ i § 49-14 License fees expirations and renewals , § 49-1 S Taxicab operation at Long Island MacArthw-Airport § 49-16 Suspension or revocation of license. f .-.._-_-T~,-___. a § 43-1 t Penalties Eor offenses. I http://ecode360.com/6509893 9/18/2013 Town of Islip, NY Page 1 of 13 Town of Islip, NY Wednesday, September t8, ao~3 Chapter 49. TAXICABS [HISTORY: Adopted by the Town Board of the Town of Islip 7-5-977; Editor's Note: This ordinance also repealed former Ch. 49, Taxicabs, adopted 6-3-1969 and amended ~o-i4-~969• amended. in its entirety 4-t5-ZO~~. Subsequent amendments noted where applicable.] GENERAL REFERENCES Vehicle and traffic regulations -See Ch. 59• § 49-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: BUSINESS Includes any single act of transporting a passenger 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 Islip. L OWNER The owner, registered with the New York State Department of Motor Vehicles, of a motor vehicle used as a taxicab or otherwise engaged in the business of transportation for hire within the confines of the Town of Islip, and/or a purchaser under a conditional sales contract, a reserve title contract, a vendor's lien agreement, or a similar agreement, who is entitled to obtain in his or her own name proper New York State registration, of a motor vehicle used as a taxicab or otherwise engaged in the business of transportation for hire within the confines of the Town of Islip and/or a person, as that term is defined herein, who is a business owner, principal, director and/or officer of a business, and/or a person owning or controlling one or more taxicabs operated or driven for compensation. PASSENGER Includes any person other than the operator/driver who is an occupant of a taxicab upon the public streets, roads and highways of the Town of Islip. PERSON Any natural person, corporations, partnership, form of business entity and any other form ~ of organization. For the purposes of this Chapter 49, upon a change in the identity of the owner of zo%, or more, of the outstanding shares of a corporation or partnership, such i corporation or partnership shall be deemed to be a new and different "person." http://ecode360.com/print/IS0324?quid=6509$93&children=true 9/18/2013 Town of Islip, NY Page 2 of 13 STREET Any street, avenue, bridge, highway, public way or public place within the confines of the Town of Islip. TAXICAB Any motor vehicle engaged in the business of transporting persons for hire, except vehicles subject to the provisions of the Public Service or Transportation Corporations Laws or vehicles under an express written contract to provide transportation for weddings, funerals or similar functions. § 49-2. Business license. It shall be unlawful for any person to engage in the business of transporting people for hire by taxicab, from point to point within the confines of the Town of Islip, without having first obtained a license to conduct such business from the Town Clerk. All such persons are required to maintain a fleet of at least three vehicles to qualify for a license to operate a taxicab business within the Town of Islip. A. Application. (i) To obtain a business license required by this section, or any renewal thereof, a verified application shall be made to the Town Clerk, upon a form to be furnished by the Town Clerk, which application shall set forth the following information: (a) The name and resident address of the applicant and, if applicant is not a natural person, the names and resident addresses of all officers, partners, directors and stockholders (if there are any and that they number io or less) of the applicant. (b) The make, model, year, mileage, seating capacity, vehicle identification number and license plate number of each vehicle to be used in said taxicab business. I [Amended 5-8-zou] (c) The registered owner of each such vehicle. (d) The business address of the applicant. (e) Proof of insurance as required by § 49-~3 of this chapter. [Added 5-8-zou] ~ (f) Any additional information the Town Clerk shall deem necessary for the purpose of administering the provisions of this chapter or to assist in determining the applicant's fitness to engage in the business of transportation for hire. [Added 5-8-zou] i (z) Fingerprints. When the business license application form has been completed, the applicant and, if applicant is not a natural person, all officers, partners, directors and stockholders (if there are any and that they number io or less) of the applicant shall submit to being electronically fingerprinted at Long Island MacArthur Airport. Such fingerprints shall be compared against those prints on file with the New York State j` http://ecode360.com/print/IS0324?guid=6509893&children=true 9/18/2013 Town of Islip, NY Page 3 of 13 Division of Criminal Justice Service (DCJS) Record Review Program. The Town Clerk shall secure from the applicant the fee required by the DCJS in the form of a check or money order made payable to the Town of Islip. Applicants shall comply with the application requirements of the DCJS Record Review Program, which requires at least one form of valid photo identification. Valid photo identification shall include U.S. ' passport (unexpired or expired); permanent resident card; driver's license or photo ID card (issued by U.S. state or territory); or, for a noncitizen, alien registration receipt card. B. Need and necessity. (i) Prior to the issuance of a business license pursuant to this chapter, the Town Clerk shall forward a copy of the application to the Need and Necessity Committee to determine if a license should be issued. The Committee shall consist of three members to be appointed by the Commissioner of the Department of Aviation and Transportation. The Committee shall meet with the applicant and determine the need for the operation of an additional taxicab business within the Town. If it shall determine that there is no need or necessity for an additional taxicab business within the Town, the application shall be denied by the Committee. (z) After such a denial the applicant shall have the right to appeal the decision of the Committee to the Town Board who shall make the final determination, after a public hearing, as to the need and necessity of an additional taxicab business. (3) If the Committee finds that there is a need and necessity for an additional taxicab business, it shall so notify the Town Clerk who shall then issue the license. C. Form. A business license shall state the name and address of the licensee and a listing of all the taxicabs used in said business by license plate numbers and the dates of the issuance and expiration of said business license. D. Fee and term. The Town Board shall, by resolution, adopt a schedule of license and medallion fees as shall be necessary, pursuant to this chapter, and the annual renewal thereof. Such fees shall be collected by the Town Clerk and shall be the fees required under the chapter until the same shall be amended or modified or repealed by a subsequent resolution of the Town Board. No license fee shall be prorated. [Amended 5 -8-zoos] i_ E. Posting and business office. A business license shall be conspicuously posted, in full public view, in the main office of the licensee. Each applicant for a business license shall maintain a business office within the Town of Islip. A taxi office shall obtain all required use permits as described in Chapter 68, Zoning, and shall obtain a proper certificate of occupancy for any premises prior to issuance of a business license. The proper certificate of occupancy shall be presented to the Town Clerk as part of the application to obtain a business license. F. Renewal. Application for the renewal of a business license shall be filed no later than May i ~ of each year. The application shall be verified and shall set forth the information listed in http://ecode360.com/print/IS0324?quid=6509893&children=true 9/18/2013 Town of Islip, NY Page 4 of 13 § 49-zA of this chapter. Forms for the renewal application shall be supplied by the Town Clerk and shall be requested by the licensee, in writing, no later than April i5 of each year. § 49-3. Taxicab license. 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 Islip, without having first obtained therefor a taxicab license from the Town Clerk. All taxicabs licensed by the Town of Islip shall have TLC, T- or taxicab license plates as issued by the New York State Department of Motor Vehicles. A. Application. To obtain a taxicab license as required by this section, or any renewal thereof, a verified application shall be made to the Town Clerk, which application shall set forth the following information: (i) The name and resident address of the applicant and the registered owner of the vehicle. (z) The business address from which the taxicab will be used and the business license under which it will be used. (3) The make, model, year, seating capacity, mileage, vehicle identification number and the license plate number. [Amended 5-8-zo~z] (4) If the vehicle has been previously used as a taxicab and where. (5) Any additional information the Town Clerk shall deem necessary for the purpose of administering the provisions of this chapter or to assist in determining the applicant's fitness to engage in the business of transportation for hire. [Added g-8-zo~z] B. Form. The taxicab license shall state the name and address of the registered owner; if the vehicle is held under a conditional sales contract, a reserve title contract, a vendor's lien agreement or under a similar sales agreement, the taxicab license shall state the name and address of the person entitled to obtain proper New York State registration for the vehicle in his or her own name. The taxicab license for all vehicles shall also state the seating capacity; the year, make and model; the license plate number; and the business license number under which the taxicab is being operated. C. Fee and term. The license fee for each motor vehicle licensed pursuant to this section, and any renewal thereof, shall be nonrefundable and in an amount set by the Town Board. No !i license fee shall be prorated. [Amended 5-8-zo~z] D. Posting. The taxicab license 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. E. Identification sticker. (i) When issuing a taxicab license, the Department of Public Safety Enforcement shall also deliver to the licensee a sticker bearing the taxicab license number, the vehicle license http://ecode360.com/print/IS0324?guid=6509893&children=true 9/18/2013 Town of Islip, NY Page 5 of 13 plate number and the expiration date of the taxicab license. Each such sticker must be securely affixed to the left front quarter panel near the driver's door. The sticker is to remain there and shall be kept clearly visible at all times. (z) Should this sticker become lost, stolen or destroyed through no fault of the licensee, the Department of Public Safety Enforcement shall issue a duplicate sticker at a fee as set by the Town Board. F. Renewal. Application for the renewal of a taxicab license shall be filed no later than May i of each year. The application shall be verified and shall set forth the information listed in § 49 -3A of this chapter. Forms for the renewal applications shall be supplied by the Town Clerk and shall be requested by the licensee, in writing, no later than April i5 of each year. § 49-4. Taxicab driver's license. It shall be unlawful for any person to drive or operate or, as an owner, to allow any person to drive or operate a taxicab or other motor vehicle engaged in transportation of persons, for hire, from point to point within the confines of the Town of Islip, without having first obtained a taxicab driver's license to drive or operate such a taxicab from the Town Clerk. A. Application. To obtain a taxicab driver's license required by this section, or any renewal thereof, a verified application shall be made to the Town Clerk, upon a form to be furnished by the Town Clerk, which application shall set forth the following information: (i) The name and resident address of the applicant. (z) 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, date of birth, color, height, weight, color 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. Any conviction for a felony or any conviction for a violation of § ii92 or n9o of the Vehicle and Traffic Law or of an conviction under Articles i2o, iz5, ~30> >35> >55 or i6o of the New York State Penal Law may act as a bar to the granting of a taxicab driver's license. (6) Whether or not the applicant has ever had an "indicated" report of suspected child abuse or maltreatment or has ever had a finding by the Family Court of the State of New York of an act of child neglect or abuse as defined by Family Court Act, Art. io, or such similar laws as exist in any state or country. i (7) The applicant's chauffeur's license classification and license number. (8) Whether or not the applicant has been previously licensed in such occupation and, if so, the details of where, when and for what period. If such license was ever suspended or revoked, the reason therefor and the date thereof. I http://ecode360.com/print/IS0324?guid=6509893&children=true 9/18/2013 Town of Islip, NY Page 6 of 13 (9) Whether the applicant is a registered Level z or Level 3 Sex Offender, as recorded on the Division of Criminal Justice Services Subdirectory maintained pursuant to the Sex I Offender Registration Act, Editor's Note: See Correction Law § r68 et seq. or if the applicant has ever been the focus of an "indicated" report to the New York State Central Registry of Child Abuse and Maltreatment or has been found to have neglected or abused a child as defined by New York State Family Court Act Article io. [Added 5-8-zou] (io) Any additional information the Town Clerk shall deem necessary for the purpose of administering the provisions of this chapter or to assist in determining the applicant's fitness to engage in the business of transportation for hire. [Added 5-8-zotz] B. Taxicab driver's photographs and fingerprints. (i) All license applications shall be accompanied by two unmounted, unretouched photographs of the applicant, showing head and shoulders, taken within 3o days of the date of the application. Said photographs shall be two inches by two inches in size. (2) Fingerprints. When the application form has been completed, the applicant shall submit himself to be electronically fingerprinted at Long Island MacArthur Airport. Such fingerprints shall be compared against those prints on file with the New York State Division of Criminal Justice Service (DCJS) Record Review Program. The Town Clerk shall secure from the applicant the fee required by the DCJS in the form of a check or money order made payable to the Town of Islip. Applicants shall comply with the application requirements of the DCJS Record Review Program, which requires at lease one form of valid photo identification. Valid photo identification shall include a U.S. passport (unexpired or expired); a permanent resident card; a driver's license or photo ID card (issued by U.S. state or territory); or, for a noncitizen, an alien I registration receipt card. C. Form. The taxicab driver's license shall contain the name, address, date of birth, signature and photograph of the licensee. It shall state the dates of issuance and expiration of the j license. In addition, there shall be sufficient blank spaces to record any suspension or revocation of the driver's license. D. Fee and term. The license fee for each taxicab driver's license issued under this section shall be in an amount set by the Town Board. No license fee shall be prorated. [Amended 5-8- zotz] E. Posting. The driver's license shall be conspicuously posted and securely fastened on the visor on the driver's side of the taxicab. F. Renewal. Application for the renewal of a driver's license shall be filed no later than May i of each year. The application shall be verified on a form furnished by the Town Clerk and shall contain the information required by § 49-4A and all its subsections. The licensee shall request these renewal forms from the Town Clerk, in writing, no later than April i5 of each j http://ecode360.com/print/IS0324?guid=6509893&children=true 9/18/2013 Town of Islip, NY Page 7 of 13 year. Upon every annual renewal, the licensee shall execute a written affidavit, sworn to under oath, before an officer empowered to administer such oath, that the licensee has not been charged with, nor convicted of, any crime. Upon the licensee's disclosure of such charge or conviction, the Town Clerk shall have the discretion to issue, renew or not. The affidavit to be executed by the licensee shall be preceded by a written warning that knowingly making a false sworn statement constitutes the separate crime of perjury and that the discovery of any false statement will result in the immediate revocation of the license. All licensees are required to notify the Town Clerk within z4 hours of their being charged or convicted of a crime, or found to have committed an act of child neglect or abuse as defined by Family Court Act Article io, or such similar laws as exist in any state or country. Upon learning that a licensee has been charged with, or convicted of, a crime, or found to have committed an act of child neglect or abuse as defined by Family Court Act Article io, or such similar laws as exist in any state or country, the Town Clerk shall have the discretionary power to suspend or revoke the subject license. Upon every third annual renewal, the licensee shall again undertake the fingerprint check procedure set forth in § 49-5. Duties of taxicab drivers. A taxicab driver shall: i A. Keep the interior and exterior of his taxicab clean at all times. B. Transport all orderly persons upon request, unless already under hire. C. Inform the Town Clerk, in writing, of any change in address within 7z hours. D. Thoroughly search his or her taxicab for lost or misplaced items after the discharge of each fare and surrender all items found to the taxicab business office. ; . E. Inform the Town Clerk, in writing, within z4 hours of the loss or theft of his driver's license. l: F. Not transport persons without payment of a fare, except the owner of the taxicab or a ~ fellow employee. G. Not transport a greater number of persons than the rated capacity of the taxicab as listed on the license. H. Maintain a written record of all trips, showing the time and place each passenger engaged the taxicab and the time and place each passenger left the taxicab, as well as the fare charged. The driver shall deliver a copy of this record to the taxicab owner. This record shall be retained by the driver for a period of one month. I. Not conduct himself or herself in any manner or way that is either dangerous or offensive to the general public. J. Not lease, assign, or otherwise transfer his or her taxicab license. http://ecode360.com/print/IS0324?guid=6509893&children=true 9/18/2013 Town of Islip, NY Page 8 of 13 § 49-6. Duties of owners. It shall be the duty of every owner of a taxicab subject to the provisions of this chapter to: A. Inspect and repair all damage or malfunction to or in the taxicab each week. All said repairs and maintenance to the taxicab 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: (i) All-season tires or snow tires when there is snow or ice on the streets. (z) Interior lights, under the control of the driver, which shall fully illuminate the passenger area when a passenger is boarding or alighting from the vehicle. (3) Vehicle identification. The exact name and telephone number of the business license under which the taxicab is being operated, and the car or vehicle number, shall be conspicuously lettered on each longitudinal side of the exterior of the vehicle in letters at least five inches in height, unless otherwise authorized by the Commissioner of the Department of Aviation and Transportation in writing. D. Not allow any unlicensed taxicab driver or other unauthorized person to operate the taxicab, and not lease, assign, or otherwise transfer his or her taxicab license. E. Maintain the driver's fare record, which has been delivered to the owner, for a period of one year. If the driver fails to deliver the fare record to the owner, the owner shall request the record from the driver and, if still not delivered, shall inform the Town Clerk of the driver's failure to provide the fare record. The owner shall make such record available to the Town Clerk upon 3o days' written notice to the owner. F. Report to the Town Clerk the loss or the theft of the taxicab license, in writing, within z4 hours. G. Conspicuously and securely post and maintain a fare schedule within the taxicab and forward a copy thereof to the Town Clerk. I~ H. The provisions of Subdivision 50 of § 375 of the Vehicle and Traffic Law are not applicable to taxicabs registered or licensed by the Town of Islip. I. Maintain a proper certificate of occupancy for the taxicab business office required by § 49- 2E. J. Not allow the taxicab to be used in business if it is more than io years old or if it has in excess of z5gooo miles on the odometer, effective June i, zoi3. [Added 5-8-zou] f i http://ecode360.com/prindIS0324?guid=6509893&children=true 9/18/2013 Town of Islip, NY Page 9 of 13 K. Any vehicle carrying in excess of nine passengers, such as a minibus, must comply with New York State Department of Transportation requirements for omnibus and paratransit vehicles. [Added 5-8-zo~z] § 49-7. License record and seal. A. Each license issued pursuant to the provisions of this chapter shall be stamped with the Seal of the Town of Islip. B. In addition, the Town Clerk shall keep a record of all licenses issued pursuant to this chapter. Such record shall list the complaints, suspensions and revocations recorded against each licensee and shall be open to view by the public during regular business hours. § 49-8. Transfer, lease or assignment of licenses. It shall be a violation of this chapter for any Person to transfer, assign or lease, or to accept the transfer, assignment or leasing, of any license issued under this chapter from Person to Person or from vehicle to vehicle. Failure to comply with this provision shall be deemed sufficient cause for the revocation or suspension of any license issued pursuant to this chapter and is a violation chargeable against both the transferor, assignor or leaser and transferee, assignee or leasee, as well as against the holder(s) of the taxicab business license. § 49-9. Loss of license. Should any license issued pursuant to this chapter be lost or stolen through no fault of the licensee, the Town Clerk shall issue a duplicate license for a fee to be set by the Town Board. § 49-10. Lost and found articles. All property which is lost or misplaced in the taxicab shall be kept at the address listed on the business license under which the taxicab is operated for a period of z4 hours. After this period, if the property is still not claimed, it shall be brought to the appropriate precinct of the Suffolk County Police Department, and a receipt obtained. § 49-11. Posted fare schedule. A. It shall be a violation of this chapter to operate or permit to be operated a taxicab, from point to point within the confines of the Town of Islip, unless there is conspicuously posted in the interior of the taxicab a schedule of the fares to be charged for the hire of such vehicle. Such schedule shall be legibly printed on white cardboard or similar material, in easy view of the passenger riding in the back seat and not less than 8.5 inches by n i inches in size. B. This fare schedule shall contain the following information: i.: (i) The minimum and the maximum fare to be charged within the Town of Islip. (z) The fare per mile. http://ecode360.com/print/IS0324?quid=6509893&children=true 9/18/2013 Town of Islip, NY Page 10 of 13 (3) Any fare for transportation outside of the Town should be checked with the office. (4) Cost for waiting time. (5) Fare for exclusive, one-passenger service. (6) Cost for packages. C. The owner or operator of the taxicab will not be allowed to collect a fare greater than that which is posted. § 49-12. Inspection. A. Each and every taxicab licensed pursuant to the provisions of this chapter shall be subject to inspection by the Town of Islip Department of Public Safety Enforcement. Said inspection shall concern the cleanliness of the taxicab, the required safety equipment, the proper posting of licenses and other items required by this chapter and that the taxicab is in proper working condition. B. Should the taxicab be found to be operating while in an unclean or unsafe condition or without the equipment and posted items required by this chapter, the driver shall be issued a warning summons by the Department of Public Safety Enforcement. Such summons shall state the violation that has been discovered, and the summons shall further state that corrective measures shall be taken within 48 hours. Proof that the violation has been corrected or repaired shall be presented to the Division of Special Services within the forty-eight-hour period. C. If such proof is not received, the Department of Public Safety Enforcement shall promptly notify the Town Clerk. The Town Clerk shall mail to the owner of the taxicab by registered mail, to the business address listed on the application, notice ofa suspension hearing regarding the taxicab license and the date of that hearing, along with notice that the taxicab license has been temporarily suspended pending the hearing. § 49-13. Liability insurance; proof required. [Amended 5-8-zo,lz] A. Business owners. (t) Owners shall, prior to issuance of their licenses and/or certificates of operation, file with the Town Clerk memoranda of insurance for the business, insurance for each vehicle used therein and workers' compensation insurance. (z) The memoranda shall set forth the following information: (a) That the business and each vehicle is insured against public liability in the minimum amounts of $too,ooo for injuries, including wrongful death to any person, I i http://ecode360.com/print1IS0324?guid=6509893&children=true 9/18/20131 Town of Islip, NY Page 11 of 13 $300,000 to cover any accident involving more than one person and property damage insurance in an amount not less than $io,ooo. (b) Each applicant shall, before the issuance to him of a license under this chapter or any renewal thereof, file with the Town Clerk a certificate of insurance that the applicant and each motor vehicle is insured against public liability in the amounts set forth in Subsection A(z)(a) above for personal injury and property damage, which insurance shall be maintained in force during the period covered by the license. Such certificate and insurance policy shall provide that the Town of Islip shall be given 3o days' prior written notice of cancellation. Such policy shall not be canceled or suspended either by the insured or the insurer unless at least 3o days' notice, in writing, of the intention to cancel. (c) That said insurance company shall provide the Town of Islip with 3o days' prior written notice of cancellation. (d) The name, local address and telephone number of the insurance agent. (3) Cancellation. If said insurance is suspended or canceled for any reason whatsoever, the business license and all certificates of operation for each vehicle shall be suspended until such time as a reinstatement of said policy or memorandum of an acceptable, current and valid policy is filed with the Town Clerk. B. Vehicle operator. Operators while in possession of a vehicle are responsible for having the valid, current insurance card for said vehicle issued to the business and/or vehicle owner with them at all times. § 49-14. License fees, expirations and renewals. [Amended 5-8-zo~z] A. Regular fees. The Town Board shall, by resolution, adopt a schedule of the following fees necessary, pursuant to this chapter, and the annual renewal thereof. Such fees shall be collected by the Town Clerk at the time applications are presented for issuance, replacement, substitution, processing, waiver or hearing and shall be the fees required under the chapter until the same shall be amended or modified or repealed by a subsequent resolution of the Town Board. (i) For a business license. (2) For a taxicab license for each motor vehicle. I (3) For a taxicab driver license. (4) For processing by the Town of fingerprints, when applicable, in addition to the New York State Division of Criminal Justice Services fee. I http://ecode360.com/print/IS0324?quid=6509893&children=true 9/18/2013 i, I Town of Islip, NY Page 12 of 13 B. Late fees. The following additional fees shall be set by Town Board resolution and collected by the Town Clerk at the time applications are presented for renewal when said applications are made less than io days before the expiration date thereof. (i) For a business license. (z) For a taxicab license for each motor vehicle. . (3) For a taxicab driver license. C. Refunds. Regular and late fees shall not be refunded in the event that an application is denied. Late fees may be waived at the discretion of the Town Clerk upon a showing of good cause. D. Reductions. There shall be no reduction in fees for licenses, certificates or permits issued for a fractional part of a year. E. Expirations. The term of all licenses and medallions issued hereunder shall be from June i , or from the date of issue, if later, to the following May 3i. F. Renewals. Applications for renewal of all licenses, certificates and permits shall be made no earlier than 3o days prior to the expiration date thereof. An application for renewal of any license, certificate or permit made less than io days before the expiration date thereof shall be subject to an additional penalty fee as set forth herein. § 49-15. Taxicab operation at Long Island MacArthur Airport. [Amended 5-8-zo~z] No taxicab shall operate at the Long Island MacArthur Airport taxicab queue line, as established by the Commissioner of the Department of Aviation and Transportation, without the written consent of the Commissioner of the Department of Aviation and Transportation. i § 49-16. Suspension or revocation of license. [Amended g-8-zotz] A. A license issued pursuant to the provisions of this chapter may be suspended or revoked for cause after a hearing, notice of which, stating the charges alleged, shall be mailed to the licensee by registered mail, at the address listed on the license application, at least five days prior to the hearing. I B. Said hearing shall be held before a hearing officer appointed by the Commissioner of the Department of Aviation and Transportation. At the close of the hearing, the hearing officer may suspend or revoke the license or dismiss the charges alleged. The hearing officer 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. i http://ecode360.com/print/IS0324?guid=6509893&children=true 9/18/2013 Town of Islip, NY Page 13 of 13 D. Conviction of a violation of the Vehicle and Traffic Law in a court of competent jurisdiction regarding the equipment or working condition of the taxicab shall be grounds for the suspension or revocation of the taxicab license. E. A business license issued pursuant to the provisions of this chapter may be immediately revoked, without a hearing, if the business should fail to maintain a business office within the Town of Islip. F. Failure to maintain workers' compensation insurance in compliance with federal and state law shall be deemed sufficient cause for the revocation or suspension of such license. § 49-17. Penalties for offenses. [Amended 5-8-zou] Any person found to be in violation of any of the provisions of this chapter shall be deemed guilty of a violation and shall be subject to a fine of not less than $50o and not exceeding $2,000 or imprisonment for a term not to exceed i5 days, or both. § 49-18. Severability. [Amended 5-8-zo~z] If any part or provision of this chapter or the application thereof to any person or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision of or application directly involved in the controversy in which the judgment 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. § 49-19. Application of provisions. [Added 5-8-zo~z] Nothing proposed by this chapter shall apply to persons or taxicabs engaged in the business of transporting persons, for hire or pay, from a point outside the Town of Islip to a point within the Town nor from a point within the Town to a point outside the Town of Islip nor from a point outside the Town to another point outside the Town and passing through the Town of Islip. § 49-20. When effective. [Added 5-8-zo~z] The provisions of this chapter shall take effect immediately, except that those licenses which have been duly issued and are presently in full force and effect within the Town shall remain so until the expiration date printed upon them. 'i http://ecode360.com/print/IS0324?guid=6509893&children=true 9/18/2013 i Town of Islip, NY TAXICABS Page 2 of 10 § 44-1.5 Severability. §49-1JApplication of provisions. ~ § 49-20 When effective § 49-1 Definitions. As used in this chapter, the following terms shall have the meanings indicated: ! BUSINESS Includes any single act of transporting a passenger 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 Islip. ' i OWNER The owner, registered with the New York State Department of Motor Vehicles, of a motor vehicle used as a taxicab or otherwise engaged in ibe business of transportation for hire within the confines of the , Town of !slip, and,;or a purchaser under a conditional sales contratt, a reserve title contract, a vendor4 lien agreement or a similar agreement who is entitled to obtain in his or herown name proper New York State registration, of a motor vehicle used as a taxicab or otherwise engaged in the business of transportation for hire within the confines of the Town of Islip and/or a persoq as [hat term is defined i herein, who is a business owner, principal, director and/or officer of a business, and/or a person owning ~ or controlling one or more taxicabs operated or driven for compensation. PASSENGER E Includes any person other than the operator/driver who is an occupant of a taxicab upon the public streets, roads and highways of the Town of Islip, i ' PERSON i Any natural person, corporations, partnership, form of business entity and any other form of organization. For the purposes of this Chapter q9, upon a change in the identity of the owner of zoo ~ or more, of the outstanding shares ofa corporation orpartnership, such corporation orpartnership shall be deemed to be a new and different person." STREET ~ Any street, avenue, bridge, highway, public way or public place within the confines of the Town of Islip. ~ rax~ue Any motor vehicle engaged in the business of transporting persons for hire, except vehicles subject ro the provisions of the Public Service or Transportation Corporations Laws or vehicles under an express, written contract to provide transportation for weddings, funerals or similar functions. § 49-2 Business license. i_. _ y !t shall be unlawful for any person to engage in the business of transporting people for hire by taxicab, from point to point within [he confines of the Town of rslip, without having firs[ obtained a license to y conduct such business from [he Town Clerk All such persons are required to maintain a fleet of at least ~ ' three vehicles to qualify for a license to operate a taxicab business within the Town of Islip. A. Application I (r) To obtain a business license required by this section, or any renewal thereof, a verified application shall be made to the Town Clerk, upon a form to be furnished by the Town Clerk, which application shall set forth the following information: j (a) The name and resident address of the applicant and, if applicant is not a natural person, the names and resident addresses of all offrcers, partners, directors and stockholders (if there are any and that they numbeno or less) of the applicant (b) The make, model, year, mileage, seating capacity, vehicle identification number and license j ~ place numberofeach vehicle to be used in said taxicab business. [Arnended~ S-zorz i (c)7he registered owner of each such vehicle. http://ecode360.com/6509893 9/18/2013 i Town of Islip, NY TAXICABS Page 3 of 10 j The business address of the applicant ' (e) Proof of insur ante as required by 4 ggr3 of this chapter [Added yS-zorz~ (F) Any additional information the Town Clerkshall deem necessary for the purpose of administering the provisions of this chapter or to assist in determining the applicant's fitness to engage inthe business oftransportation for hire. [AddedS-&-zo~z (z) Fingerprints. When the business license application form has been completed, the applicant and, if applicant is no[ a natural person, all officers, partners, directors and stockholders (if there are any and [hat they number ro or less) of the applicant shall submit to being electronicauy fingerprinted at Long Island MacArthur Airport Such fingerprints shall be compared against those prints on file I with the New York State Division of Criminal Justice Service (DCJS) Record Review Program. The Town Clerk shall secure from the applicant the fee required by the DCJS in the form of a check or money order made payable to the Town of Islip. Applicants shall comply with the application requirements of the DCJS Record Review Program, which requires at least one form of valid photo identification. Valid photo identification shall include U.S. passport (unexpired or expired); permanent resident card, driver's license or photo ID card (issued by US. state or territory); or, for a noncirizen, alien registration receipt card , B. Need and necessity i i (r) Prior to the issuance of a business license pursuant to this chapter, the Town Clerk shall forward a copy of the application to the Need and Necessity Committee to determine if a license should be , issued. The Committee shall consist of three members [o be appointed by the Commissioner of the Department ofAviation and Transportation. The Committee shall meet with the applicant and determine the need for [he operation of an additional taxicab business within the Town. If it shall determine [hat there is no need or necessity for an additional taxicab business within the Towq [he application shall be denied by the Committee. (z) After such a denial the applicant shallhave [he right to appeal [he decision of the Committee to the Town Board who shall make the final determination, after a public hearing as to the need and j necessity ofan additional taxicab business. i i (3) If the Comrittee finds that [here is a need and necessity for an additional taxicab business, rc shall ; so notify the Town Clerk who shall then issue the license. C Form. A business license shall state the name and address of the licensee and a listing of all the taxicabs used in said business by license plate numbers and the dates of the issuance and expiration ofsaid business license i D. Fee and term. The Town Board shall, by resolution, adopt a schedule of license and medaNion fees as ~ shall be necessary, pwsuan[ to this chapter, and the annual renewal thereof. Such fees shall be collected by the Town Clerk and shall be the fees required under the chapter until the same shall be j amended or modified or repealed bya srbsequent resolution ofrhe TOwn Board. NO license fee shall be prorated [Amended 5-8-zerzj i i E Posting and business office. A business license shall be conspicuously posted, in full public view, in the main office of the licensee. Each applicant for a business license shall maintain a business office within I j the Town oflslip. A taxi office shall obtain all required use permits as described in Chapter 68, Zoning and shall obtainaproper certificate of occupancy for any premises prior to issuance ofa business ~ license. The proper certificate of occupancy shall be presented to the Town Clerk as part of the application to obtain a business license ' F. Renewal. Application for the renewal of a business license shall be filed no later than May r of each year. The application shall be verified and shat! set forth the information listed in 4 q9-zA of this chapter. Forms for the renewal application shall be supplied by the Town Clerk and shat! be requested by the I licensee, in writing no later than April g of each year. l... y~ 4A,3 Taxicab license. It shat/ be unlawful for any person [o operate or permit to be operated a taxicab, from point io point ~ wicfiin the confines of the Town of Islip, without having first obtained therefor a taxicab license from the ~ Town Clerk. All taxicabs licensed by the Town of Islip shall have TLC 7- or taxicab Ikense plates as issued ~ by the New YOrk Stale Department ofMOtor Vehicles. http://ecode360.com/6509893 9/18/2013 i Town of Islip, NY TAXICABS Page 4 of 10 A. Application. To obtain a taxicab license as required by this section, or any renewal thereof, a verified application shall be made to the Town Clerk which application shall set forth the following information: (t) The name and resident address of the applicant and the registered owner of the vehicle. (z) The business address from which [he taxicab will be used and the business license under which it will be used (q) The make, model, year, seating capacity, mileage, vehicle identification number and the license plate ~ number [Amended3-5aorzi (q) If the vehicle has been previously used as a taxicab and where. (5)Any additional information the Town Clerk shall deem necessary for the purpose ofadministering the provisions of this chapter or to assist in determining the applicant's fitness to engage in the business of transportation for hire. lAddeda-3-zclr ' 8. Foan. The taxicab license shall state the name and address of the registered owner, if the vehicle is held under a conditional sales contract a reserve title contract a vendor's lien agreement or under a similar j sales ~reement, the taxicab license shall state the name and address of the persan entitled ro obtain ~ proper New York State registration for the vehicle in his or her own name. The taxicab license for all i vehicles shall also state the seating capacity, the year, make and model,' the license plate number, and the business license number under which ehe taxicab is being operated C Fee and term. The license fee for each motor vehicle licensed pursuant to this section, and any renewal i thereof, sha!(be nonrefundable and in an amount set by the Town Board. No license fee shall be prorated. [Amended yR-zo?zl ~ ' ' D. Posting. The taxicab license shall be conspicuously posted and securely fastened on [he interior otsuch ~ vehicle in such a manner as to be readily visible to a passenger in the rear seat i E. Identification sticker. ~ ' I (t) When issuing a taxicab license, the Department of Public Safety Enforcement shaft also deliver to ~ the licensee a sticker bearing the taxicab license number, the vehicle license plate number and the I expiation date of the taxicab license. Each such sticker must be securely affixed to the left front I quarter panel near the driver's door The sticker is to remain there and shall be kept dearly visible atall times. ~ i (z) Should this sticker become lost, stolen or destroyed through no fault of the licensee, the ~ Department of Public Safety Enforcement shall issue a duplicate sticker at a fee as set by the Town Board. - i i F. Renewal. Application for the renewal of a taxicab license shall be filed no later than May + of each year. 76e application shall be verified and shall sec forth the information listed in § gg3A of this chapter. Forms for the renewal applications shall be supplied by the Town Clerk and shall be requested by the j - licensee, in writing, no later than April g of each year. i... _ § 49-4 Taxicab driver's license. ' j.... It shall be unlawful for any person to drive or operate or, as an owner, to allow any person ro drive or ~ ' operate a taxicab or other motor vehicle engaged in transportation of persons, for hire, from point to point within the confines of the Town of Islip, without having fast obtained a taxicab driver's license to drive or operate such a taxicab from the Town Clerk. ~ A. Application. To obtain a taxicab driver's license required by this section, or any renewal thereof, a i verified application shall be made to the Town Clerk, upon a form to be furnished by the sown Oerk i v?hich application shall set forth the following information: i (r) The name and resident address of the applicant. ' f (z) Any other names ever used by the applicant. The applicant's place of residence for the past five-year period. (q) The applicant's age, date of birth, color; height, weight, color of eyes, color of hair; place of birth i and citizenship. http://ecode360.com/6509893 9/18/2013 Town of Islip, NY TAXICABS Page 5 of 10 (q) lNhe[her or not the applicant has ever been convicted of a crime and, iiso, the details of such conviction. Any conviction for a felony or any conviction for a violation of § ngz or n9o of the ' Vehicle and Traffic Law orofan conviction underArtides tzo, n5 r3o, gs SS on6o of the New York State Penal Law may act as a bar to the granting of a taxicab driver's license. Whether or not the applicant has ever had an °indicared"report of suspected child abuse or maltreatment or has ever hada finding by the Family Court of [he State of New York of an ac[of child neglect or abuse as defined by Family Court Act Art. to, or such similar laws as exist in any stare or country. ~ ' The applicant's chauffeur's license classification and license number. (R) Whether or not the applicant has been previously licensed in such occupation and, if so, the details of where, when and for what period. If such license was ever suspended or revoked, the reason therefor and the dare [hereof. i (9) Whether [he applicant is a registered Level z or Leve13 Sex Offender, as recorded on [he Division of Criminal Justice Services Subdirectory maintained pursuant to the Sex Offender Registration Act, Editor4 Note: See Correction Caw § ?68 e[ seq. or if the applicant has ever been the focus of an indicated"report to the New York State Central Registry of Child Abuse and Maltreatment or has been found to have neglected or abused a child as defined by New York State Family Court Act Article ro. (AddedS-S-ton] (vo) Any additional information the Town Glerk shall deem necessary for the purpose of administering ! the provisions of this chapter or to assist in determining the applicant's fitness to engage in the business of transportation for hire. [Addedg8-?o!z B. Taxicab driver's photographs and fingerprints. (t) All license applications shall be accompanied by two unmounted, unretouched photographs of the applicant showing headand shoulders, taken within 3o days of [he date of the application. Said ~ photographs shall be two inches by two inches in size. i (z) Fingerprints. When the application form has been completed, the applicant shall submit himself to be electronically fingerprinted at Long Island MacArthur Airport. Such fingerprints shall be compared against those prints on file with the New York State Division of Criminal Justice Service (DCJS) Record Review Program. The Town Clerk shall secure from the applicant the fee required i by the DCJS in the form of a check or money order made payable to the Town of Islip. Applicants shall comply with [he application requirements of [he DCJS Record Review Program, which 3 requires at lease one form of valid photo identification. Valid photo identification shall include a U.S. passport (unexpired or expired); a permanent resident card, a driver's license or photo ID card i - (issued by US. state or territory); or, for a noncirizen, an alien registration receipt card. ~ I I C. Form. The taxicab drivers license shall contain the name, address, date of birch, signature and photograph of the licensee. It shall state the dates of issuance and expiration of the license. In addition, there shall be sufficient blank spaces to record any suspension or revocation of the driver's license D. Fee and term. The license fee for each taxicab driver4license issued under this section shall be in an I amount set by the Town Board. No license fee shall be prorated [Amended S-3-zwz ~ i i E Posting. The driver's license shall be conspicuously posted and securely fastened on the visor on the drivel s side of the taxicab. i I, F. Renewal Application for the renewal of a driver's license shall be filed no later than May ? of each yeas The application shall be verified on a form furnished by the Town Clerk and shall contain the information required by §gggAand all its subsections. The licensee shall request these renewal forms ' from the Town Clerk, in writing, no later than April g of each year. Upon every annual renewal, the licensee shall execute a written affidavit, sworn to under oath, before an officer empowered to administer such oath, ehat the licensee has not been charged with, nor convicted of, any crime. Upon the licensee's disclosure ofsuch charge or convittion, the Town Clerk shall have fhe discretion to issue, renew or not. The affidavit to be executed by the licensee shalt be preceded bya written warning that ! knowingly making a false sworn statement constitutes the separate crime of perjury and that the ~ ~ i discovery of any false statement will result in the immediate revocation of the license. All licensees are I. required to notify the Town Clerk within zq hours of their being charged or convicted of a crime, or - found to have committed an act of child neglect or abuse as defined by Family Court Act Article ro, or ~ ii such similar laws as exist in any state or country. Upon learning that a licensee has been charged with, ~ I or convicted of, a crime, or found to have committed an act of child neglect or abuse as defined by I l http://ecode360.com/6509893 9/18/2013 I~ Town of Islip, NY TAXICABS Page 6 of 10 Family Court Act Article ro, or such similar laws as exist in any state or country, the Town Clerk shall have [he discretionarypower to suspend or revoke the subject license. Upon every third annual renewal, the licensee shall again undertake the fingerprint check procedure set forth in ¢ q9-qB(z). § 49-5 Duties of taxicab drivers. 'i A taxicab drivershalk ~I A. Keep the interior and exterior of his taxicab clean ar all times. ' B. Transport al! orderly persons upon request, unless already under hire. C. Inform the Town Oerk, in writing of any change in address within 7z hours. D. Thoroughly search his or her taxicab for lost or misplaced items after the discharge of each fare and i surrender all items found to the taxicab business office. i E. Inform the Town Clerk, in writing, within zq hours of the loss or theft of his driver's license. F. Not transport persons without payment of a fare, except the owner of the taxicab or a fellow employee. j G. Not transport a greater number ofpersons than the rated capacity of the taxicab as listed on the license. H. Maintain a written record of all trips, showing the time and place each passenger engaged the taxicab and the time and place each passenger tek the taxicab, as well as the fare charged. The driver shall deliver a copy of this record to the taxicab owner. This record shall be retained by the driver fora period ofone month. a 1. Not conduct himself or herself in any manner or way that is either dangerous or offensive to the general public J. Not lease, assign, or otherwise transfer his or her taxicab license. ..................I } § Tag-6 Duties of owners. r i !i shall be the duty of every owner of a taxicab subject to the provisions of this chapter to: A. Inspect and repair all damage or malfunction to or in the taxicab each week. All said repairs and maintenance to the taxicab shall not be made while the vehicle is on the public street, public way or j public place. i I . i e. Not allow the taxicab to be used in business if nor in proper working condition. i C Equip and maintain each taxicab with: " (r)All-season tires or snow tires when there is snow or ice on The streets. i (z) Interior lights, under the control of the driver, which shall fully illuminate the passenger area when a ~ . j passenger is boarding or alighting from the vehicle. (3) Vehicle identification. The exact name and Telephone number of the business license under which i the taxicab is being operated, and the car or vehicle number, shall be conspicuously lettered on ~ each longitudinal side of the exterior of the vehicle in letters at least five inches in height, unless otherwise authorized by the Commissioner of the Department of Aviation and Transportation in i writing. D. Not allow any unlicensed taxicab driver or other unauthorized person to operate the taxicab, and not j ICI lease, assign, or otherwise transfer his or her taxicab license. E Maintain the driver's fare record, which has been delivered to the owner, for a period ofone year. if [he j driver fails to deliver the fare record ro the owner, the owner shall request the record from the driver and, if still not delivered, shat! inform the Town Clerk of the driver's failure ro provide the fare record. ~ ' The owner shall make such record available to the Town Clerk upon 3o days' written notice to the ~I~. owner. i F. Report to the Town Clerk the /oss or the thek of the taxicab license, in writing, within zq hours. I http://ecode360.com/6509893 9/18/2013 Town of Islip, NY TAXICABS Page 7 of 10 1 G. Conspicuously and securely post and maintain a fare schedule within the taxicab and forward a copy thereof to the Town Clerk. H. The provisions of Subdivision 50 of § g75 of the t/ehide and Traffic Law are not applicable ro taxicabs ' registered or licensed by the Town of Islip. ~ I. Maintain a proper certificate of occupancy for zhe taxicab business office required by § g9-aE. I J. Not allow the taxicab ro be used in business if it is more than io years old or if it has in excess of z54ooo miles on the odomete, effective June; zot3. [AddeCS 8-zorz] K Any vehicle carrying in excess of nine passengers, such as a minibus, must comply with New York State Department of Transportation requirements for omnibus and paratransit vehicles. [Added 5-8-zoiz] I. § 49-7 License record and seal A. Each license issued pursuant to the provisions of this chapter shall be stamped with the Seal of the 7-own of Islip. B. In addition, the Town Clerk shall keep a record of all licenses issued pursuant to this chapter. Such record shall list the complaints, suspensions and revocations recorded against each licensee andshall be open to view by the public during regular business hours. § 49-H Transfer, lease or assignment of licenses It shall be a violation of this chapter for any Person to transfer, assign or lease, or to accept the transfer, assignment or-leasing of any license issued under this chapter from Person to Person or from vehicle to : j vehicle. Failure to comply with this provision shall be deemed sufficient cause for the revocation or suspension of any license issued pursuant to this chapter and is a violation chargeable ~ainst both the transferor, assignor or leaser and transferee, assignee or lessee, as well as against the holder(s) of the ~ ~ taxicab business license. i § 49-9 Loss of license Should any license issued pursuant to this chapter be lost or stolen through no fault of the licensee, the ~ 'i Town Clerk shall issue a duplicate license for a fee to be set by the Town Board. j § 49-10 Lost and found articles. All property which is lost or misplaced in the taxicab shall be kept at the address listed on the business j license under which the taxicab is operated for a period of z4 hours. After this period, if the property is still not claimed, it shall be brought to the appropriate precinct of the Suffolk County Police Department, and a receipt obtained. i _ I § 4941 Posted fare schedule. i A. It shall be a violation of this chapter to operate or permit to be operated a taxicab, from point to point ~ within the confines of the Town oflslip, unless there is conspicuously posted in the interior of the I taxicab a schedule of the fares to be charged for the hire of such vehicle. Such schedule shall be legibly printed on white cardboard or similar material, in easy view of the passenger riding in the back seat and not less than 8.5 inches by n inches in size. B. This fare schedule shall contain the following information: j ~ , i (t) The minimum and the maximum fare to be charged within the Town of Islip. http://ecode360.com/6509893 9/18/2013 j Town of Islip, NY TAXICABS Page 8 of 10 (z)The fare per mile. ' 'I, (3) Any fare for transportation outside of the Town should be checked with the office. ' (q) Cost for waiting time. i (5) Fare for exclusive, one-passenger service Cost for packages. i C The owner or operator of the taxicab will not be allowed to collect a fare greater than that which is posted. § 4942 Inspection. _ _ A. Each and every taxicab licensed pursuant to the provisions of [his chapter shall be subject to inspection by the Town of Islip Department of Public Safety Enforcement. Said inspection shall concern the I cleanliness of the taxicab, the required safety equipment, the proper posting of licenses and other ' I items required by this chapter and that the taxicab is in proper working condition. B. Should the taxicab be found to be operating while in an unclean or unsafe conditian or without the ~P { equipment and posted items required by this chapter, the driver shall be issued a warning summons by ~ the Department of Public Safety Enforcement. Such summons shall state the violation that has been discovered, and the summons shall further state that corrective measures shall be taken within q8 hours. Proof that [he violation has been corrected or repaired shall be presented to the Division of I, Special Services within the forty-eigho-hour period. i Clfsuch proofis not received, the Department of Public Safety Enforcement shall promptly notify the Town Clerk. The Town Clerk shall mail ro the owner of the taxicab by registered mail, to the business address listed on the application, notice of a suspension hearing regarding the taxicab license and the ~ date of that hearing, along with notice that the taxicab license has been temporarily suspended pending the hearing. i i .-..a § ~i9-7.3 Liability insurance; proof required. - [Arpended5-t,-;to~~al t j A. Ousiness owners. i i (r) Owners shall, prior to issuance of their licenses and/or certifkarns of opemtioq file with the Town Clerk memoranda of insurance for the business, insurance for each vehicle used therein and workers'compensation insurance. ; (a) The memoranda shall set forth the following information: ~ (a) That the business and each vehicle is insured against public liability in the minimum amounts of ! ' $roo,ooo for injuries, including wrongful death to any person, $3ogooo to cover any accident ~ involving more than one person and property damage insurance in an amount not less than $io,ooo. i (b) Each applicant shall, be{ore the issuance to him of a (icense under this chapter or any renewal thereof, file with the Town Clerk a certificate of insurance that the applicant and each motor vehicle is insured against public liability in the amounts set forth in Subsection A(2)(a) above for personal injury and property damage, which insurance shall be maintained in force during the period covered by the license. Such certificate and insurance policy shall provide that the Town of Islip shall begiven go days'prior written notice of cancellation. Such policy shall not be canceled or suspended either by the insured or the insurer unless at Ieast3o days'notice, in writing of the intention [o cancel ~ f j (c) That said insurance company shall provide the Town of Islip with 3o days'prior written notice ~ I. of cancellation. The name, local address and telephone numberof the insurance agent. http://ecode360.com/6509893 9/18/2013 Town of Islip, NY TAXICABS Page 9 of 10 (3) Cancellation !f said insurance is suspended or canceled for any reason whatsoever, the business license and all certificates of operation for each vehicle shall be suspended until such time as a reinstatement ofsaid policy or memorandum ofan acceptable, current and valid policy is filed with ~ the 7"own Clerk i B. Vehicle operator. Operators while in possession of a vehicle are responsible for having the valid, current . insurance card for said vehicle issued to the business andjor vehicle owner with them at all times. § 49-14 License fees, expirations and renewals. A. Regular fees. The Town Board shall, by resolution, adopt a schedule of the following fees necessary, pursuant to this chapter, and the annual renewal thereof. Such fees shat! be collected by the Town Clerk at the time applications are presented for issuance, replacement, substitution, processing, waiver or hearing and shall be the fees required under the chapter until the same shalt be amended or modified or repealed bya subsequent resolution of the Town Board. (t) For a business license. i (z) For a taxicab license for each motor vehicle. ~ (3) For a taxicab driver license. (q) For processing by the Town of fingerprints, when applicable, in addition to the New York State Division of Criminal Justice Services fee. B. Late fees. The following additional fees shall be set by Town Board resolution and collected by the ~ Town Oerk at the time applications are presented for renewal when said applications are made less _ than ro days before the expiration date thereof. (t) For a business license. (z) For a taxicab license for each motor vehicle. I (3) For a taxicab driver license. C. Refunds. Regular and late fees shall not be refunded in the event that an application is denied. Late fees maybe waived at the discretion of the Town Clerk upon a showing ofgood cause. i D. Reductions. There shall be no reduction in fees for licenses, certificates or permits issued for a fractional part ofayear. E Expirations. The term of al! licenses and medallions issued hereunder shall be from June i or from the date of issue, if later, to the following MaY3r. F Renewals. Applications for renewal of al! licenses, certificates and permits shall be made no earlier tban 3o days prior to the expiration date thereof. An application for renewal of any license, certificate or ~ permit made less than ro days before the expiration dare thereofshall be subject to an additional j penalty fee asset forth herein, § 49-15 Taxicab operation a[ Long Island MacArthur Airport. [Anendedgb ~nrz'No taxicab shall operatea[the Long Island MacArthur Airport taxicab queue line as ~ ~ established by the Commissioner of the Department of Aviation and Transportation, without the written consent of the Commissioner of the Department ofAviazion and Transportation. i i § 49-16 Suspension or revocation of license [Amended yB-zorz ~ ~ . http://ecode360.com/6509893 9/18/2013 f Town of Islip, NY TAXICABS Page 10 of 10 A. A license issued pursuant to the provisions of this chapter maybe suspended or revoked for cause after a hearing, notice of which, stating the charges alleged, shall be mailed to the licensee by registered ' mail, at the address listed on the license application, at least five days prior ro the hearing ' _ 8. Said hearing shall be held before a hearing officer appointed by the Commissioner of the Department i of Aviation and Transportation. Atthe close of the hearing, the hearing officervnay suspend orrevoke the license or dismiss the charges alleged. The hearing officer 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 ofsuch license. D. Conviction of a violation of the Vehicle and Traffic Law in a courc of competent jurisdiction regarding the equipment or working condition of the taxicab shall be grounds for the suspension or revocation i ' of the taxicab license. i E A business license issued pursuant to the provisions of this chapter may be immediately revoked, without a hearing if the business should fail to maintain a business office within the Town of Islip. F Failure to maintain workers'compensarion insurance in compliance with federal and stare lawshall be deemed sufficient cause for the revocation or suspension ofsuch license. i.. § 49-17 Penalties for offenses. [Amended ~-S-zo?z;Any person found ro be in violation of any of the provisions of this chapter shall be ~ , deernedguilty of a violation and shall be subject to a fine of nor less than $Soo and not exceeding $a,ooo or imprisonment for a term not to exceed g days, or both. _ _ _ i § 49-iH Severability. ~ [Amended y-&-zu>>?If any part or provision of this chapter or tfie application thereof to any person or ~ circumstance is adjudged invalid by any court of competentjurisdictioq such judgment shall be confined in its operation ro the pan or provision of or application directly involved in the controversy in which the j judgment shall have been rendered and shat! not affect or impair the validity of the remainder of this t chapter or the application thereofto o[herpersons or circumstances. i j,. ~ ` i § 43 ~19 Application of provisions. - i I. (Adde-d i R-zo~z]NOthing proposed by this d?aptershall apply to persons or taxicabs engaged in the j business of transpotting persons, for hire or pay, from a point outside the Town of Islip to a point within the Town nor from a point within the Town to a point outside the Town of Islip nor from a point outside I the Town ro another point outside the Town and passing through the Town of Islip. ; i § 49-20 When effective. ~ ; [Added , R-zo a,The provisions of this chapter shall take effect immed?ate/y, except [hat those licenses ' which have been duly issued and are presently in ful(force and effect within the Town shall remain so until i the expiration dare printed upon them. I i - i . ,.r_has^ a ceCe . ..^04VCNF.i: GY u'6NtRALC P,iva_ry auiA;V~'emnu $e^:;~e;'+dobi~e.iew I - i I http://ecode360.com/6509893 9/18/2013