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HomeMy WebLinkAboutHuntington Town of Huntington, NY Search: Taxicabs Page 1 of 3 Town of Huntington, NY Admin Suffolk County Search Browse 1 Help Taxicabs 12 results for: Taxicabs Code Relevance 180-2B{g}TAXICAB Includes any motor vehicle engaged in the business of transportation for hire, other than a limousine. TAXICABS AND MEHICLEB FOR HIRE > General Provisions > Definitions. 180-2B{6}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 Huntington. TAXICABS AND MEHICLEB FOR HIRE > General Provisions > Definitions. Ch 180 TAXICABS AND VEHICLES FOR HIRE ....Editors Note: This ordinance also superseded former Ch. 180, Taxicabs, adopted 11-24-1970 as Ord. No. 70-CE-21 (Ch. 52 of the 1969 Code of the 180-2B {5} 0 WNER 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 to be operated/driven any such vehicle for hire. TAXICABS AND MEHICLEB FOR HIRE > General Provisions > Definitions. A§A 180-1 Purpose. It is the purpose and intent of this chapter to control and regulate the activities of taxicabs, limousines and any other vehicles for hire in the Town of Huntington. History has shown that there TAXICABS AND MEHICLEB FOR HIRE > General Provisions file:///C:/Users/staceyn/AppData/LocaUMicrosoft/Windows/Temporary%20Internet%20Fi... 9/18/2013 Town of Huntington, NY Search: Taxicabs Page 2 of 3 A§A 180-13 Vehicle regulations. issued by the State of New York. Taxicab identifcation. Each vehicle used as affixed to the roof, with "taxi," "taxicab" or the business name imprinted thereon, and must have "taxi" or "taxicab" and the business telephone number advertising. Each vehicle used as a taxicab may, upon annual application to the TAXICABS AND VEHICLES FOR HIRE > Vehicle Requirements A§A 180-14Prohibited activities involving vehicles. No vehicle bearing private livery registration plates may be used as a taxicab within the Town of Huntington. Signs and/or displays. No vehicle may be is attached or secured thereto. Temporary identifcation devices. No taxicab may be operated with the use of magnetic or removable raised domes and/or TAXICABS AND VEHICLES FOR HIRE > Vehicle Requirements A§A 135-4 Solicitation on public property. be considered a business or property exempted by this section. Service related activities such as taxicabs, limousine service, public transportation, towing operations, ambulance service and other similar u LOITERING, PARKING AND CONGREGATING A§A 180-19Prohibited activities by vehicle operators. streets, roads or highways when not in actual operation, except in those areas designated for taxicab parking. Peddling. Operators may not peddle or allow the peddling of any goods or property from or TAXICABS AND VEHICLES FOR HIRE > Vehicle Operator Requirements A§A DL-1 Disposition of legislation. management amendment Ch. 117 6-2004 2-10-2004 Taxicabs and vehicles for hire amendment Ch. 180 7-2004 exemption Ch. 178 ,Art. IV 9-2006 3-21-2006 Taxicabs amendment Ch. 180 10-2006 4-26-2006 Department transmission facilities NCM 3-2011 2-1-2011 Taxicabs and vehicles for hire amendment Ch. 180 file:///C:/Users/staceyn/AppData/LocaUMicrosoft/Windows/Temporary%20Internet%20Fi... 9/18/2013 Town of Huntington, NY Search: Taxicabs Page 3 of 3 4-2011 DISPOSITION LIST A§A 1-2 Distribution and derivation tables. Art. II ,Tax Information Disclosure Ch. 52 ,Taxicabs (Ord. No. 70-CE-21) Ch. 180 ,Taxicabs Ch. 53 ,Town Beach Vehicular Traffc Omitted B A§ 173-20 Subs. C Omitted* Subs. D Ch. 180 ,Taxicabs 70-CE-21 (Ch. 52) 11-24-1970 A§A§ 180-1 through GENERAL PROVISIONS > Atloption of Recotlification Ch 192 VEHICLES AND TRAFFIC 156 ,Art. III .Parking in town parks and recreational facilities a€" See Ch. 159 , Art. I .Taxicabs a€" See Ch. 180 . Tow trucks a€" See Ch. 183 . Privacy Policy Terms of Service Mobile View p~IIr~.I POWER D BV GB1VB~~e~D co e file:///C:/Users/staceyn/AppData/LocaUMicrosoft/Windows/Temporary%20Internet%20Fi... 9/18/2013 Town of Huntington, NY Page 1 of 30 Town of Huntington, NY Wednesday, September 18, 2013 Chapter 180. TAXICABS AND VEHICLES FOR HIRE [HISTORY: Adopted by the Town Board of the Town of Huntington 4-30-1996 by Ord. No. 96-95-CE-5. Editor's Note: This ordinance also superseded former Ch. 180, Taxicabs, adopted 11-24-1970 as Ord. No. 70-CE-21 (Ch. 52 of the 1969 Code of the Town of Huntington), as amended. Amendments noted where applicable.] GENERAL REFERENCES Loitering, parking and congregating -See Ch. 135. Vehicles and traffic -See Ch. 192. Article I. General Provisions § 180- 1. Purpose. It is the purpose and intent of this chapter to control and regulate the activities of taxicabs, limousines and any other vehicles for hire in the Town of Huntington. History has shown that there is a need for investigation and review of the past conduct of applicants in the interest of promoting public safety and morals, child welfare, economic well-being and highway safety and usage. This chapter is intended to protect the peace and security of our citizens in their homes and neighborhoods; to safeguard consumers against fraud and inferior services; and to prevent congestion and unsafe conditions on the streets and highways of the town. It has been made with reasonable consideration of the character of our community and with a view to preserving that character, among other considerations. § 180-2. 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 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 Huntington. file:///C:/Users/staceyn/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 2 of 30 LICENSE Due authorization in writing, as provided herein, which permits a person to engage in the business of transportation for hire or to employ others for said purposes. LIMOUSINE Includes any motor vehicle engaged 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 Includes 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. OWNER Includes a person, as defined herein, who is a business owner, principal, director and/or officer of a 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 engaged 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 to be 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 Huntington. PERMIT Due authorization in writing, as provided herein, which permits a natural person to operate a motor vehicle engaged in transportation for hire. PERSON Includes natural persons, corporations, partnerships, unincorporated associations or any other organizations of two or more persons. TAXICAB Includes any motor vehicle engaged in the business of transportation for hire, other than a limousine. TOWN Includes all areas within the Town of Huntington exclusive of areas wholly within any incorporated village. TRANSPORTATION FOR HIRE Includes the transporting of a passenger or passengers in a motor vehicle, for hire or for compensation of any land, upon the public streets, roads and highways within the Town of Huntington. VEHICLE FOR HIRE file:///C:/LJsers/staceyn/AppData/Local/Microsoft/W indows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 3 of 30 Includes any motor vehicle used in the transporting of a passenger or passengers, for hire or for compensation of any kind, upon the public streets, roads and highways within the Town of Huntington. § 180-3. Exemptions. The provisions of this chapter shall not apply to vehicles solely owned and operated for the activities set forth herein: A. Private vehicles not engaged in the business of transportation for hire. B. 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. C. Hotel vehicles engaged in the transportation of hotel guests only. D. Club vehicles engaged in the transportation of club members only. E. Public or private school vehicles engaged in the transportation of school pupils only. F. Buses as defined by New York State Vehicle and Traffic Law. G. Vehicles for hire engaged in transportation from a point within the town to a point without the town or from a point without the town to a point within the town, or from a point without the town, through the town, to a point beyond the town. H. Vehicles for hire engaged in transportation upon a defined route under a franchise therefor from the Town of Huntington. Article II. Business Owner Requirements § 180-4. License required for business owner(s). It shall be unlawful for any person to engage in the business of transportation for hire within the Town of Huntington without first having secured a license from the Town Clerk. § 180-5. License application; qualifications; examination. A. Application. Applications for a license or license renewal required herein shall be filed with the Town Clerk, on a form supplied by the Town Clerk. Said application shall be in the form of a sworn affidavit by the applicant stating that all information is true and accurate to the best of his or her knowledge and belief, including the information set forth herein: file:///C:/Users/staceyn/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 4 of 30 (1) Personal information. (a) Name, address (local address and legal address, if different), telephone number and social security number, including maiden name where applicable. (b) Place of residence (local address and legal address, if different) for the past five years, if different from above. (c) Age, height, weight, eye color, hair color, place and date of birth and marital status. (d) Any convictions for felonies or misdemeanors or violations of any municipal ordinances (except with relation to municipal traffic and/or parking violations) and, if so, in what court, when, where, upon what charges and the sentence of the court, including the docket, index, indictment or file number in such court. (e) A notarized statement from a doctor licensed to practice medicine in the State of New York stating that said doctor has thoroughly examined the applicant within 30 days of the application, that said applicant demonstrates no affliction of any physical or mental disease or infirmity which might make him or her an unsafe or unsatisfactory license holder and no drug or alcohol dependency or use other than by prescription, together with the results of blood testing. (f) For identification purposes, whether the applicant is a citizen of the United States; if citizenship was obtained by naturalization, the date and place where obtained; if an alien, proof of legal entry into the United States must be submitted. (g) Proof that the applicant can read and write the English language. (2) Business information. (a) The name, address and telephone number of the business located within the Town of Huntington. (b) The place of business and/or employment for the past five years, including the names and addresses thereof, if different from above. (c) Any previous licenses held in any occupation and, if so, when, where and for what period and whether said licenses were ever revoked or suspended, the date of the revocation or suspension and the reason therefor. file:///C:/Users/staceyn/AppData/Local/Microsofr/Windows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 5 of 30 (d) Copies of any certificates on file with a County Clerk, the New York State Secretary of State or other appropriate office, if applicant employs a trade name or an assumed name, such as a doing/business/as (DBA), corporate or partnership name, under which the business is operated, as well as the New York State sales tax identification number for all persons, corporations, partnerships, associations or other business entities. (e) The names and addresses of all vehicle operators. (f) The name, address, telephone number and title of the person designated to accept process or other legal notices. (3) Miscellaneous information. 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 appficant's fitness to engage in the business of transportation for hire. B. Identification. Applicants shall also file the items set forth herein with said application, unless specifically waived by the Town Clerk upon a showing of facts which, in the discretion of the Town Clerk, warrant the waiving of said requirements: (1) Fingerprints. (a) Upon receipt of a sworn application for a license, a copy thereof and a fingerprint card shall be referred to the Town Code Enforcement Office for appropriate fingerprinting of said applicant, and such completed fingerprint card shall thereafter be forwarded by the Town Clerk to the New York State Division of Criminal Justice Services for a full search. (b) The application shall be accompanied by an appropriate fee, the amount and payment instrument to be determined by the Town Clerk, pursuant to the requirements of, and payable to, the New York State Division of Criminal Justice Services, which amount shall be in addition to the processing fees stated herein, for such investigation of the applicant as is deemed necessary or advisable for the protection of the public good and welfare. (c) The New York State Division of Criminal Justice Services shall return such criminal history record information as may exist in its files or a statement that no such relevant information exists, such record to be filed with the Town Clerk. (d) Upon its return by the New York State Division of Criminal Justice Services to the Town Clerk, if the application is approved by the Town Clerk and upon payment of the prescribed license fee, the Town Clerk file:///C:/Users/staceyn/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 6 of 30 shall prepare and deliver to the applicant therefor the license required by this chapter. (e) New fingerprints for each renewal period may be waived by the Town Clerk, unless the license issued under the provisions of this chapter has lapsed for a period of time in excess of one year. (2) Photographs. (a) Two identical photographs of the applicant shall be submitted, taken no longer than 60 days prior to submission of the application. (b) Said photographs shall be two inches by two inches in size, showing both the head and shoulders of the applicant. C. Examination. At the discretion of the Town Clerk, before the issuance of a license, the Town Clerk may require the applicant, and any others having knowledge of any facts, to submit to an examination, under oath, and to produce evidence relating thereto. D. Modification. Any change in circumstance with regard to the information required hereinabove shall be reported to the Town Clerk within 30 days of occurrence. § 180-6. Additional license requirements for business owners. Business owners are responsible for ensuring that they and their agents (employees and operators) take such training courses as may be prescribed, from time to time, by the State of New York, County of Suffolk and/or Town of Huntington specifically designed to educate and familiarize them with customary safety standards. Evidence of the satisfactory completion of such courses shall be filed with the Town Clerk with the license application. Current license holders shall file with the Town Clerk proof that they are regularly attending and/or have satisfactorily completed such courses. § 180-7. Business owner regulations. The regulations set forth herein are mandatory and are the responsibility of the owner as to themselves and their vehicles, operators and/or employees during all times and operations of the business. A. Compliance, generally. Owners must be in compliance with all requirements of this chapter, all ordinances, local laws, codes, laws, rules and regulations, including but not limited to those concerning vehicles, traffic and parking, of the Town of Huntington, County of Suffolk and State of New York. B. Compliance, vehicles. Owners must specifically be in compliance with all vehicle regulations set forth in this chapter, as they may apply to owners. fi le:///C:/Users/staceyn/AppData/Local/Microsoft/ W indows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 7 of 30 C. Compliance, operators. Owners must specifically be in compliance with all vehicle operator regulations set forth in this chapter, as they may apply to owners. D. Business changes. Owners must report to the Town Clerk, within seven days, any change of their business location or the name, address or telephone number of the person designated for process of legal service. E. Business offices. Owners must maintain a business office within the Town of Huntington. F. Fares. Owners must file with the Town Clerk their schedule of fares to be charged. G. Identification devices. Owners must post any and all identification devices as required in this chapter and must report to the Town Clerk, within 24 hours, the loss, theft, mutilation, marring or alteration of any such documents. H. Written logs. Owners must keep, maintain and constantly update all written logs prescribed in this chapter. § 180-8. Prohibited activities by business owner. The activities set forth herein are unlawful, are therefore prohibited and are the responsibility of the owner as to themselves and their vehicles, operators and/or employees during all times and operations of the business. A. Noncompliance, generally. Owners may not be in violation of any requirements of this chapter, as they may apply to owners. B. Noncompliance, vehicles. Owners may not specifically be in violation of any prohibited vehicle activities set forth in this chapter, as they may apply to owners. C. Noncompliance, operators. Owners may not specifically be in violation of any prohibited vehicle operator activities set forth in this chapter, as they may apply to owners. D. Attention-seeking devices. Owners, or any person on their behalf, may not use loudspeakers, noisemaking devices and/or any other attention-seeking devices upon any street, road, highway, alley, park or other public place within the town for the purpose of attracting attention to solicitation of passengers or for any other purpose. E. Invalid documents. Owners may not allow the operation of their vehicles while their town license or any appropriate New York State issued license is not in effect, has expired or has been suspended or revoked; and may not allow the operation of their vehicles by any operator whose town permit or any appropriate file:///C:/Users/staceyn/AppData/Local/MicrosoftlWindows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 8 of 30 New York State issued license is not in effect, has expired or has been suspended or revoked. F. Unauthorized licensees. Owners may not allow the use of their license by any unauthorized person. G. Unauthorized operators. Owners may not allow the operation of their vehicles by any unauthorized person. Article III. Vehicle Requirements § 180-9. Certificate of operation required for each vehicle. It shall be unlawful for any person to engage any vehicle in the business of transportation for hire within the Town of Huntington without first having secured a certificate for each vehicle used in and by said business from the Town Clerk. § 180-10. Certificate application; qualifications. A. Application. Applications for a certificate or certificate renewal required herein shall be filed with the Town Clerk, on a form supplied by the Town Clerk. Said application shall be in the form of a sworn affidavit by the applicant stating that all of the information is true and accurate to the best of his or her knowledge and belief, including the information set forth herein: (1) Vehicle information. (a) Copies of the current, valid title and New York State Vehicle Registration (indicating make, type, seating capacity, registration number, vehicle identification number and license plate number) for said vehicle. (b) The fleet number of the vehicle, if applicable. (c) A copy of the current, valid New York State inspection certificate for said vehicle. (1] Each application shall be accompanied by the vehicle's New York State registration showing that the certificate of inspection, as provided for in New York State Vehicle and Traffic Law, has been issued for said vehicle. [2] The certificate of inspection shall not, however, be conclusive against the town but shall be evidence merely that the owner of the vehicle has had an inspection made as required by this chapter. file:///C:/Users/staceyn/AppData/Local/Microsofr/Windows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 9 of 30 [3] Nothing herein shall prevent local police authorities from making further inspections of said vehicles at any time, and local police authorities are hereby given specific authority to make inspections whenever they are deemed to be necessary by the police for public health, safety and welfare. (2) Business information. (a) A copy of the applicant's license or license application as filed with the Town Clerk, including all information required to be included in said application. (b) The name, address (local address and legal address, if different) and telephone number of the vehicle owner, if different than the business owner, and all information regarding said owner as if he or she were an applicant for a business owner's license. (3) Miscellaneous information. 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 vehicle's fitness to engage in the business of transportation for hire. B. Modification. Any change in circumstance with regard to the information required herein shall be reported to the Town Clerk within 30 days of occurrence. § 180-11. Town inspections of vehicles; compliance. A. Conformance. No certificate shall be issued or renewed unless and until said vehicle has been inspected by the town and found to be in conformance with all the provisions of this chapter. B. Rules and regulations. The Town Clerk may establish reasonable rules and regulations for vehicle inspections, including but not limited to inspections performed at anytime under the direction and supervision of or by any town employee or official designated by the town. C. Scheduled inspections. In the event that any vehicle is found to be in violation of any provisions of this chapter, pursuant to a scheduled inspection, the applicant shall be issued a warning summons which shall state the violation and the corrective measures to be taken. D. Random inspections. In the event that any vehicle is found operating while in violation of any provisions of this chapter, pursuant to a random inspection, the driver shall be issued a warning summons which shall state the violation and the corrective measures to be taken. file:///C:/Users/staceyn/AppData/Local/Microsoft/W indows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 10 of 30 E. Compliance. Proof that the violations have been corrected or repaired shall be filed with the Town Clerk within 48 hours of the issuance of a warning summons. If not, the Town Clerk shall immediately disapprove the application or suspend the certificate of said vehicle and set the time and place for a revocation hearing, as prescribed in this chapter. F. Waiver of disapproval or suspension. Any certificate disapproved or suspended pursuant hereto, may be approved or reinstated after the filing of a request for a waiver from the Town Clerk, based on submission of proof within 10 days of the disapproval or suspension, that corrective measures have been taken. If said proof is not submitted in a timely manner and/or the Town Board revokes the certificate, a new application, town inspection and fee shall be required. § 180-12. Additional certificate requirements. Business owners are responsible for ensuring that all vehicles possessing certificates are outfitted with such equipment as may be prescribed, from time to time, by the State of New York, County of Suffolk and/or Town of Huntington. Evidence of the presence of such equipment in a vehicle shall be filed with the Town Clerk with the certificate application. Current certificate holders shall file with the Town Clerk proof of satisfactory installation of such equipment. § 180-13. Vehicle regulations. The regulations set forth herein are mandatory and are the responsibility of the owner as to themselves and their vehicles, operators and/or employees during all times and operations of the business and of the operator while in possession of a vehicle. A. Compliance, generally. Each vehicle must be in compliance with all requirements of this chapter, all ordinances, local laws, codes, laws, rules and regulations, including but not limited to those concerning vehicles, traffic and parking, of the Town of Huntington, County of Suffolk and State of New York. B. Compliance, owners. Each vehicle must specifically be in compliance with all business owner regulations set forth in this chapter, as they may apply to vehicles. C. Compliance, operators. Each vehicle must specifically be in compliance with all vehicle operator regulations set forth in this chapter, as they may apply to vehicles. D. Accident reports. All accidents involving any vehicle must be reported to the appropriate Police Department having jurisdiction thereof within seven days of the occurrence thereof E. Identification devices. Each vehicle must have posted therein any and all identification devices required in this chapter. file:///C:/Users/staceyn/AppData/Local/Microsoft/W indows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 11 of 30 F. Inspections. Each vehicle and its equipment must be inspected at least once during each week, the results of which must be noted in the written log maintained for that vehicle, and must pass all town, state and police inspections. G. Maintenance. 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 be required. H. Omnibus plates. Each vehicle having a seating capacity for passengers of not more than seven, in addition to the driver, and equipped with handles or other devices which shall permit the door or doors to the passenger compartment to be readily opened from the interior of the vehicle must bear omnibus registration plates issued by the State of New York. I. Taxicab identification. Each vehicle used as a cab, as defined hereinabove, must be equipped with a permanent raised 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 one and one-fourth (1 1/4) inches in height. J. Car top advertising. Each vehicle used as a taxicab may, upon annual application to the Town Clerk, be equipped with a car top advertising device no greater in size than forty-nine (49) inches long by fifteen (15) inches high. [Added 2-1- 2011 by L.L. No. 3-2011] § 180-14. Prohibited activities involving vehicles. The activities set forth herein are unlawful, are therefore prohibited and are the responsibility of the owner as to themselves and their vehicles, operators and/or employees during all times and operations of the business and of the operator while in possession of a vehicle: A. Noncompliance, generally. Each vehicle may not be in violation of any requirements of this chapter, as they may apply to vehicles. B. Noncompliance, owners. Each vehicle may not specifically be in violation of any prohibited business owner activities, as they may apply to vehicles. C. Noncompliance, operators. Each vehicle may not specifically be in violation of any prohibited vehicle operator activities, as they may apply to vehicles. D. Attention-seeking devices. No vehicle may be operated with the use of loudspeakers, noisemaking devices and/or any other attention-seeking devices upon any street, road, highway, alley, park or other public place within the town file:///C:/iJsers/staceyn/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Fi... 9/ 18/2013 - _ Town of Huntington, NY Page 12 of 30 for the purpose of attracting attention to solicitation of passengers or for any other purpose. E. Invalid documents. No vehicle may be operated while its certificate of operation, or any appropriate New York State issued registration or inspection certificate, is not in effect, has expired or has been suspended or revoked. F. Liveries as taxis. No vehicle bearing private livery registration plates may be used as a taxicab within the Town of Huntington. G. Signs and/or displays. No vehicle may be operated with the use of signs and/or displays, except as required by this chapter. H. Trailers. No vehicle may be operated to transport passengers while a trailer or semitrailer is attached or secured thereto. I. Temporary identification devices. No taxicab may be operated with the use of magnetic or removable raised domes and/or required identification markings on its exterior. Article IV. Vehicle Operator Requirements § 180-15. Permit required for vehicle operator(s). It shall be unlawful for any person to operate a vehicle for the purpose of transportation for hire within the Town of Huntington without first having secured a permit from the Town Clerk. § 180-16. Permit application; qualifications; examination. A. Applications. Applications for a permit or permit renewal required herein shall be filed with the Town Clerk, on a form supplied by the Town Clerk. Said application shall be in the form of a sworn affidavit by the applicant stating that all information is true and accurate to the best of his or her knowledge and belief, including the information set forth herein: (1) Personal information. (a) Name, address (local address and legal address, if different), telephone number and social security number, including maiden name where applicable. (b) Place of residence (local address and legal address, if different) for the past five years, if different from above. file:///C: /Users/staceyn/AppData/Local/MicrosofU W indows/Temporary%20Internet%20Fi... 9/ 18/2013 _ Town of Huntington, NY Page 13 of 30 (c) Age, height, weight, eye color, hair color, place and date of birth and marital status. (d) Any suspension or revocation of any driver's license of any class held by the applicant, whether by the State of New York or any other state, and, if so, by what court or other authority, on what date and for what cause and, if suspended, the period of suspension. (e) Any convictions for felonies or misdemeanors or violations of any municipal ordinances (except with relation to municipal traffic and/or parking violations) and, if so, in what court, when, where, upon what charges and the sentence of the court, including the docket, index, indictment or file number in such court. (f) A copy of the applicant's valid, applicable and appropriate New York State driver's license(s), clearly indicating the number and expiration date thereof, together with authorization for the town to conduct an examination of the applicant's driving record. (g) A notarized statement from a doctor licensed to practice medicine in the State of New York stating that said doctor has thoroughly examined the applicant within 30 days of the application, that said applicant demonstrates no afFliction of any physical or mental disease or infirmity which might make him or her an unsafe or unsatisfactory permit holder and no drug or alcohol dependency or use other than by prescription, together with the results of blood testing. (h) For identification purposes, whether the applicant is a citizen of the United States; if citizenship was obtained by naturalization, the date and place where obtained; if an alien, proof of legal entry into the United States must be submitted. (i) Proof that the applicant can read and write the English language. (2) Business information. (a) The place of business and/or employment for the past five years, including the names and addresses thereof. (b) Any previous licenses held in any occupation and, if so, when, where and for what period and whether said licenses were ever revoked or suspended, the date of the revocation or suspension and the reason therefor. (3) Miscellaneous information. 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. file:///C:/iJsers/staceyn/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 14 of 30 B. Identification. Applicants shall also file the items set forth herein with said application: (1) Fingerprints. (a) Upon receipt of a sworn application for a permit, a copy thereof and a fingerprint card shall be referred to the Town Code Enforcement Office for appropriate fingerprinting of said applicant, and such completed fingerprint card shall thereafter be forwarded by the Town Clerk to the New York State Division of Criminal Justice Services for a full search. (b) The application shall be accompanied by an appropriate fee, the amount and payment instrument to be determined by the Town Clerk, pursuant to the requirements of, and payable to, the New York State Division of Criminal Justice Services, which amount shall be in addition to the processing fees stated herein, for such investigation of the applicant as is deemed necessary or advisable for the protection of the public good and welfare. (c) The New York State Division of Criminal Justice Services shall return such criminal history record information as may exist in its files or a statement that no such relevant information exists, such record to be filed with the Town Clerk. (d) Upon its return by the New York State Division of Criminal Justice Services to the Town Clerk, if the application is approved by the Town Clerk, and upon payment of the prescribed permit fee, the Town Clerk shall prepare and deliver to the applicant therefor the permit required by this chapter. (e) New fingerprints for each renewal period may be waived by the Town Clerk, unless the permit issued under the provisions of this chapter has lapsed for a period of time in excess of one year. (2) Photographs. (a) Two identical photographs of the applicant shall be submitted, taken no longer than 60 days prior to submission of the application. (b) Said photographs shall be two by two (2 x 2) inches in size, showing both the head and shoulders of the applicant. C. Examination. At the discretion of the Town Clerk, before issuance of a permit required by this chapter, the Town Clerk may require the applicant, and any others having knowledge of the facts, to submit to an examination, under oath, and to produce evidence relating thereto. file:///C:/Users/staceyn/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Fi... 9/ 18/2013 - Town of Huntington, NY Page 15 of 30 D. Modification. Any change in circumstance with regard to the information required hereinabove shall be reported within 30 days of occurrence. § 180-17. Additional permit requirements for vehicle operators. Vehicle operators are responsible for ensuring that they take such training courses as may be prescribed, from time to time, by the State of New York, County of Suffolk and/or Town of Huntington specifically designed to educate and familiarize them with customary safety standards. Evidence of satisfactory completion of such courses shall be filed with the Town Clerk with the permit application. Current permit holders shall file with the Town Clerk proof that they are regularly attending and/or have satisfactorily completed such courses. § 180-18. Vehicle operator regulations. The regulations set forth herein are mandatory and are the responsibility of the operator while in possession of a vehicle and of the owners as to themselves and their vehicles, operators and/or employees during all times and operations of the business. A. Compliance, generally. Operators must be in compliance with all requirements of this chapter, all ordinances, local laws and codes, laws, rules and regulations, including but not limited to those concerning vehicles, traffic and parking, of the Town of Huntington, County of Suffolk and State of New York. B. Compliance, owners. Operators must specifically be in compliance with all owner regulations set forth in this chapter, as they may apply to operators. C. Compliance, vehicles. Operators must specifically be in compliance with all vehicle regulations set forth in this chapter, as they may apply to operators. D. Address changes. Operators must report to the Town Clerk, within seven days, any change of their residence. E. Fares. Operators must charge fares to all passengers, except owners or the agents, employees or immediate family members of owners, and may not charge more than the rates fixed on the schedule of fares, nor any fare whatsoever if said schedule is not posted conspicuously within the interior of a vehicle so it may be viewed by all passengers. F. Identification devices. Operators must display their permit, as required in this chapter; must refuse to operate vehicles that do not have a certificate of operation and schedule of fares conspicuously posted and securely fastened on the interior of the vehicle; and must report to the Town Clerk, within 24 hours, the loss, theft, mutilation, marring or alteration of any such documents. file:///C:/LJsers/staceyn/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 16 of 30 G. Lost property. Operators must make a thorough search of the interior of a vehicle after the discharge of each passenger and immediately turn over any lost or misplaced article(s) to the appropriate local police authorities. H. Multiple passengers. Operators must, after having accepted a person for transportation, refuse to accept any other passengers without the consent of the person first accepted for transportation. I. No-smoking requests. Operators must at the request of any passenger, enforce no smoking in their vehicles by all occupants, including the operator, during the presence of the passenger making said request. J. Operator conduct. Operators must conduct themselves in an orderly manner while operating a vehicle for hire. K. Passenger conduct. Operators must transport any person(s) conducting him or herself in an orderly manner, upon request to do so, unless then under hire by another person or unless prohibited from so doing by any other provisions of this chapter. L. Written logs. Operators must maintain and constantly update all written logs prescribed in this chapter. § 180-19. Prohibited activities by vehicle operators. The activities set forth herein are unlawful, are therefore prohibited and are the responsibility of the operator while in possession of a vehicle and of the owner as to themselves and their vehicles, operators and/or employees during all times and operations of the business: A. Noncompliance, generally. Operators may not be in violation of any requirements of this chapter, as they apply to operators. B. Noncompliance, owners. Operators may not specifically be in violation of any prohibited business owner activities, as they may apply to operators. C. Noncompliance, vehicles. Operators may not specifically be in violation of any prohibited vehicle activities, as they may apply to operators. D. Attention-seeking devices. Operators, or any person on their behalf, may not use loudspeakers, noisemaking devices and/or any other attention-seeking devices upon any street, road, highway, alley, park or other public place within the town for the purpose of attracting attention to solicitation of passengers of for any other purpose. E. Cruising. Operators may not cruise public streets, roads and/or highways of the town in search of passengers. fi le:///C:/iJsers/staceyn/AppData/Local/Microsoft/ W indows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 17 of 30 F. Delays. Operators may not delay more than five minutes after first receiving a passenger and before proceeding to convey the passenger to his or her destination, unless the passenger so requests. G. Improper vehicle conditions. Operators must refuse to operate vehicles that are not clean, sanitary, fit, of good appearance and in a safe condition for the transportation of passengers, including all repairs, alterations and/or additions that may be required. H. Invalid documents. Operators may not operate any vehicle while their town permits, chauffeurs' licenses or other appropriate New York State issued licenses are not in effect, have expired or have been suspended or revoked and must refuse to operate any vehicle for which the certificate of operation or business owner's license is not in effect, has expired or has been suspended or revoked. I. Overloading. Operators may not use a vehicle for transporting a greater number of passengers than the rated capacity of the vehicle. J. Parking. Operators may not park a vehicle upon public streets, roads or highways when not in actual operation, except in those areas designated for taxicab parking. K. Peddling. Operators may not peddle or allow the peddling of any goods or property from or near a vehicle. L. Unattended vehicles. Operators may not leave a vehicle unattended in any public place, except their depot or garage, or when necessary for the operator to be absent therefrom, but in no event for more than 30 consecutive minutes. M. Unauthorized operators. Operators may not allow any other person to use their permits. Article V. Administrative Requirements § 180-20. Transfers unlawful. [Amended 2-1-2011 by L.L. No. 3-2011] It is unlawful for any person to transfer or assign any license, car top advertising device, certificate or permit, or the identification device therefore, issued under the provisions of this chapter, to any other person or from one vehicle to another. § 180-21. Expirations and renewals. A. Expirations. All licenses, certificates with or without provision for car top advertising device and permits issued hereunder shall expire at 12:00 midnight on the first day of May next following the date of issuance. [Amended 2-1-2011 by L.L. No. 3-2011] file:///C:/Users/staceyn/AppData/Local/Microsoft/W indows/Temporary%20Internet%20Fi... 9/ 18/2013 - Town of Huntington, NY Page 18 of 30 B. Renewals. Applications for renewal of all licenses, certificates and permits shall be made no earlier than (30) days prior to the expiration date thereof An application for renewal of any license, certificate or permit made more than 30 days after the expiration date thereof shall be subject to an additional penalty fee, as set forth herein. § 180-22. Issuance and posting of identification devices; contents. A. Business owner's license. (1) Issuance. Upon approval of an application, the Town Clerk shall issue to the business owner a license bearing the title: "Business License: Transportation For Hire." (2) Posting. Owners, at all times, are responsible for keeping said license conspicuously posted and securely fastened at their business offices within the Town of Huntington, in a clear and readable manner. (3) Contents. The license shall set forth the following information: (a) The name and business address of the owner of the business so licensed. (b) The signature and seal of the Town Clerk imprinted thereon. (c) A statement certifying that the person and/or business to whom such permit is issued is authorized to operate that business for the purpose of transporting passengers for hire. (d) The dates of issuance and expiration of such license and the number thereof. B. Vehicle's certificate of operation. (1) Issuance. Upon approval of an application, the Town Clerk shall issue for each vehicle a certificate bearing the title: "Certificate Of Operation: Transportation For Hire." (2) Posting. Owners, at all times, and operators, while in possession of a vehicle, are responsible for keeping said certificate conspicuously posted and securely fastened in the interior of said vehicle, in a clear and readable manner. (3) Contents. The certificate shall set forth the following information: file:///C: /Users/staceyn/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Fi... 9/ 18/2013 _ Town of Huntington, NY Page 19 of 30 (a) The name and business address of the owner of the vehicle and the business which is certified to use said vehicle for the purpose of transporting passengers for hire. (b) The name and business address of the certificate of operation holder, if different. (c) The signature and seal of the Town Clerk imprinted thereon. (d) A statement certifying that the vehicle to which such certificate is issued is authorized to be used for the purpose of transporting passengers for hire by said business. (e) A statement certifying that the business to which such certificate is issued is authorized to engage in the business of transporting passengers for hire. (f) The dates of issuance and expiration of such certificate and the numbers thereof. (g) The make, type, seating capacity, name of owner, New York State vehicle registration number, vehicle identification number, license plate number and fleet number, if applicable, of said vehicle. C. Vehicle operator's permit. (1) Issuance. Upon approval of an application, the Town Clerk shall issue to the vehicle operator a permit bearing the title: "Operator Permit: Transportation For Hire." (2) Posting. Operators, at all times, are responsible for keeping said permit conspicuously posted and securely fastened in the interior of a vehicle while in possession thereof, in a clear and readable manner. (3) Contents. The permit shall set forth the following information: (a) The name of the permit holder. (b) The signature and seal of the Town Clerk imprinted thereon. (c) A statement certifying that the operator to which such permit is issued is authorized to operate a motor vehicle for the purpose of transporting passengers. (d) The dates of issuance and expiration of such permit and the number thereof. file:///C:/Users/staceyn/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 20 of 30 § 180-23. Filing and posting of schedules of fares; contents. A. Filing. Owners must file with the Town Clerk a copy of the current, valid schedule of fares to be charged for the transportation of passengers for hire in their vehicles. B. Posting. Owners, at all times, and operators, while in possession of a vehicle, are responsible for keeping said schedule conspicuously posted and securely fastened in the interior of each vehicle, in a clear and readable manner. C. Contents. The schedule shall set forth the following information: (1) The title: "Schedule of Fares: Transportation For Hire." (2) The fares to be charged legibly printed on white cardboard or similar-type materials not less than six by eight (6 x 8) inches in size. D. Restrictions. No fare may be charged in excess of the rates fixed on the schedule of fares, and no fare may be charged whatsoever if said schedule is not posted as required herein. § 180-24. Issuance and posting of passenger regulations, rights and complaints; contents. A. Issuance. Upon approval of an application for a certificate of operation, the Town Clerk shall issue a placard for each vehicle bearing the title: "Passenger Regulations, Rights and Complaints." B. Posting. Owners, at all times, and operators, while in possession of a vehicle, are 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, as prescribed by this chapter. § 180-25. Maintenance and inspection of written logs. A. Maintenance of dispatch logs. Owners, at all times, are responsible for maintaining and immediate updating of a written log, recording all engagements of all vehicles used in said business, the time and place each passenger engaged each vehicle, the time and place each passenger terminated the engagement of each vehicle and the fares charged for each engagement. B. Maintenance of trip logs. Owners, at all times, and operators, while in possession of a vehicle, are responsible for maintaining and immediately updating a written file:///C:/Users/staceyn/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 21 of 30 log of all trips for and in each vehicle, recording all engagements of all vehicles used in said business, the time and place each passenger engaged each vehicle, the time and place each passenger terminated the engagement of each vehicle and the fares charged for each engagement. C. Inspections. Such records must be kept for six years from the date of the transactions and must be available for inspection by the town, upon request, at all times during said period. § 180-26. Exclusive rights to locations prohibited; state highways. A. Public properties. Owners or operators involved in transportation for hire shall not have exclusive rights to any location on any street, road or highway, or on any public property, unless so prescribed by a contract or franchise agreement with the public entity owning said property. B. State highways. Owners or operators involved in transportation for hire shall not occupy any part of a state highway for the purpose of soliciting passengers for so long as the same is governed and regulated by New York State Vehicle and Traffic Law § 1157(c) and § 1800. § 180-27. Liability insurance; proof required. A. Business owners. (1) Filing. Owners shall, prior to issuance of their licenses and/or certificates of operation, file with the Town Clerk memoranda of insurance for the business and each vehicle used therein. (2) Contents. The memoranda shall set forth the following information: (a) That the business and each vehicle is insured against public liability in at least the minimum limits required by the laws of New York State for personal injury and property damage. (b) That said insurance company shall provide the Town of Huntington with 30 days' prior written notice of cancellation. (c) The name, local address and telephone number of the insurance agent. (3) Cancellation. If said insurance is suspended or cancelled 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. file:///C:/Users/staceyn/AppData/Local/Microsofr/Windows/Temporary%20Internet%20Fi... 9/ 18/2013 _ _ _ Town of Huntington, NY Page 22 of 30 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. § 180-28. Surrender of license, certificate or permit. A. Disapproval, suspension or revocation. Holders of licenses, certificates 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 licenses and/or certificates, issued pursuant to this chapter, must surrender same to the Town Clerk immediately upon, and in no case later than seven days from, the sale or other disposition of a business or any vehicle. C. State actions. Holders of licenses, certificates and/or permits, issued pursuant to this chapter, must surrender same to the Town Clerk immediately upon, and in no case later than seven days from, suspension or revocation by the State of New York of any relevant license, permit or registration. Article VI. Passenger Requirements § 180-29. Prohibited activities by passengers. The activities by passengers set forth herein are unlawful, are therefore prohibited and are the responsibility of the passenger while occupying, engaging or in any way using a vehicle for hire: A. Nonpayment. Passengers must pay the agreed or established fare, as indicated on the schedule of fares posted in the vehicle. B. Disorderly conduct. Passengers must conduct themselves in an orderly manner. C. Criminality. Passengers may not engage in criminal conduct of any kind whatsoever. D. Attention-seeking devices. Passengers may not use loudspeakers, noisemaking devices, signs, displays or other attention-seeking devices. E. Peddling. Passengers may not peddle any goods or property from the vehicle for hire. F. Improper use. Passengers may not solicit the use of a vehicle for hire in violation of Chapter 180 of the Code of the Town of Huntington, or for any purpose other than transportation for hire. file:///C:/Users/staceyn/AppData/Local/Microsoft/ W indows/Temporary%20Internet%20Fi... 9/ 18/2013 _ Town of Huntington, NY Page 23 of 30 § 180-30. Passengers' rights; complaints. A. Rights. Passengers in vehicles for hire are entitled to quiet, safe, orderly, timely, comfortable transportation, at a price stated on a "Schedule of Fares," posted in the vehicle in a clear and readable manner. B. Complaints. Passengers who wish to file complaints regarding poor service, poor vehicle conditions, improper conduct or any other reason should do so at the Office of the Town Clerk, Huntington Town Hall, 100 Main Street, Huntington, New York 11743. Article VII. Disapprovals, Suspensions, Revocations and Appeals § 180-31. Disapprovals. A. Business owner's license and/or vehicle operator's permit. The Town Clerk shall notify the applicant that his or her application is disapproved, and no license and/or permit will be issued, under the circumstances set forth herein: (1) Personal review. A determination by the Town Clerk that the applicant lacks the character, experience or responsibility to engage in transportation for hire. (2) Business review. A determination by the Town Clerk that the applicant has an unacceptable business record based on a review of past complaints; that the services the applicant proposes to offer or has offered are inadequate; or that the applicant has had more than three convictions for failure to post any and all devices and placards required by this chapter within five years. (3) Criminality, generally. Any conviction for a felony, misdemeanor and/or town ordinance violation which, in the judgment of the Town Clerk, renders the applicant unfit, undesirable or incapable of properly engaging in transportation for hire; or if fraud, misrepresentations or false statements are contained in the application. (4) Criminality, charges. An indictment or formal charges with or for any crime. (5) Criminality, evidence. A preponderance of evidence that the applicant has violated any provision of this or any other chapter of the Code of the Town of Huntington or any local law, ordinance, code, rule or regulation of Suffolk County, New York State, the Town of Huntington or any other municipality. file:///C:/Users/staceyn/AppData/Local/Microsofr/Windows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 24 of 30 (6) Criminality, controlled substances. Any crime involving the manufacture, transportation, possession, sale or habitual use of amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs. (7) Criminality, minors. Any crime against or involving children. (8) Criminality, vehicular. Any felony involving use of a vehicle by the applicant within the last three years; any crime involving operation of a vehicle while under the influence of alcohol, amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs; or leaving the scene of an accident. B. Vehicle's certificate of operation. The Town Clerk shall notify the applicant that his or her application is disapproved, and no certificate will be issued, under the circumstances set forth herein: (1) Noncompliance. Vehicles which do not comply with the requirements of the State of New York, County of Suffolk or Town of Huntington, including any of the following: (a) Lack of a valid business owner's license from the Town of Huntington by applicant. (b) Lack of equipment, markings and/or devices and placards required by this chapter. (c) Lack of any repairs, alterations or additions as may be required by this chapter or any directive of the Town Clerk. (d) Lack of a written log or the improper maintenance, updating or availability for inspection of said written log, as required hereinabove, during the term of any previous certificate. (e) Lack of proper reporting of any accident, as required hereinabove, during the term of any previous certificate. (f) A determination by the Town Clerk that the vehicle possesses an unacceptable business record based upon a review of the history of past complaints. (g) More than three convictions for failure to post any and all devices and placards, as required by this chapter, against said vehicle, within five years. (2) Inspection failure. Vehicles which do not comply with state and/or town inspections as required hereinabove, including any of the following: file:///C:/Users/staceyn/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 25 of 30 (a) Unclean, unfit, of poor appearance or in an unsafe condition for the transportation of passengers. (b) Improper or incorrect vehicle identification, registration or license plate numbers. (c) Inoperative headlights, taillights, parking fights, stop or brake lights, directional signals, roof lights or interior lights. (d) A faulty suspension system as can be determined by anon-mechanic inspector. (e) Broken windows, windshield, rear view mirrors or side view mirrors. (f) Inoperative windshield wipers or horn. (g) Faulty doors, door locks and door latches, or doors that do not allow occupants of the passenger compartment to readily open them from the interior of the vehicle. (h) Badly worn tires, the treads of which do not meet minimum New York State Vehicle and Traffic Law requirements. (i) A faulty exhaust system, evidenced by excessive noise, visible fumes or visible holes. Q) A faulty fuel system, evidenced by visible leak or strong fuel smell. (k) General neglect and/or disrepair of the chassis and/or body of the vehicle. (3) Criminal involvement. Vehicles for which there is evidence or information that it was used or involved in any of the criminal activities set forth herein: (a) Any felony. (b) Any crime involving the manufacture, transportation, possession, sale or habitual use of amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs. (c) Operation of the vehicle while under the influence of alcohol, amphetamines, narcotic drugs, formulations of amphetamines or derivatives of narcotic drugs. (d) Leaving the scene of an accident. (e) Any crime against or involving children. (f) Peddling of any goods or property from or near the vehicle. file:///C:/Users/staceyn/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 26 of 30 (g) Any violation of any provision of this or any other chapter of the Town Code or any local law, ordinance, code, law, rule or regulation of Suffolk County or New York State. (h) An indictment or formal charges with or for any crime or offense. § 180-32. Suspensions and revocations. [Amended 2-10-2004 by L.L. No. 6-2004; 3-21-2006 by L.L. No. 9-2006] A. Procedure. The Town Clerk shall suspend any license, certificate or permit and may recommend that such license, certificate or permit be revoked, under the following circumstances: (1) Noncompliance. Any violation of or failure to comply with the provisions of this chapter, or lawful order of the Town Clerk or other town officer relative to the operation of transportation for hire, or any reason for which the original application could have been disapproved. (2) Criminality. Conviction of any violation or crime which, in the judgment of the Town Clerk renders the holder or vehicle unfit, undesirable or incapable of transporting for hire within the Town of Huntington. (3) Deception. Fraud, misrepresentation or false statements contained in the application for a license, certificate or permit, or made in the course of conducting transportation for hire. § 180-33. Notices, hearings and appeals. A. Notices. All notices shall be mailed, by certified mail, return receipt requested, to the applicant and/or holder of a license, certificate or permit at the last address on file with the Town Clerk. In the event an appeal from a denial or suspension has been filed, notice of the hearing date shall be mailed, at least five (5) days prior to the date set for such hearing. [Amended 2-10-2004 by L.L. No. 6-2004; 3-21-2006 by L.L. No. 9-2006] B. Disapprovals. Notice of the denial of an application shall be given in writing, setting forth the grounds therefore and the right to an appeal hearing before the Town Board or a duly appointed hearing officer. The applicant may appeal the decision of the Town Clerk to deny the application within thirty (30) days of receipt of such notice. All requests for an appeal shall be in writing and accompanied by the requisite fee. [Amended 2-10-2004 by L.L. No. 6-2004; 3- 21-2006 by L.L. No. 9-2006] C. Suspensions. Notice of suspension shall be given in writing, setting forth the grounds for such action and the right to an appeal hearing before the Town Board or a duly appointed hearing officer. The suspension shall take effect immediately upon issuance and shall not exceed one (1) year. The licensee may file:///C:/Users/staceyn/AppData/Local/Microsoft/ W indows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 27 of 30 appeal the decision of the Town Clerk to suspend the license within thirty (30) days of receipt of such notice. All requests for an appeal shall be in writing and accompanied by the requisite fee. [Amended 3-21-2006 by L.L. No. 9-2006] D. Revocations. The Town Clerk, after suspending a license, may recommend that the suspended license be revoked. Notice of hearing for revocation shall be given in writing, setting forth the grounds for the revocation and the time and place of such revocation hearing before the Town Board or a duly appointed hearing officer. The decision of the Town Board is a final agency determination and may be appealed to a court of competent jurisdiction. [Amended 2-10-2004 by L.L. No. 6-2004; 3-21-2006 by L.L. No. 9-2006] E. Administrative hearing officer. The Town Board may appoint an administrative hearing officer to conduct revocation hearings or to hear appeals from the denial or suspension of a license, certificate or permit. The hearing officer shall submit his/her written findings and recommendations to the Town Board. It is the intention of the Town Board to protect the legal rights of the public by insuring every applicant under this chapter receives fair and expeditious due process by providing for an administrative hearing officer to alternatively preside over such hearings. In order to accomplish this goal, the Town Board is exercising its authority under § 10(I)(ii)(a)(12) of the Municipal Home Rule Law, § 136(1) and § 137 of the Town Law and any other applicable provision of law now or hereafter enacted, to supersede and/or expand upon the applicable provisions of § 137 of the Town Law, and any other applicable or successor law, in order to permit an appointed administrative hearing officer to preside over revocation hearings and appeals. [Added 2-10-2004 by L.L. No. 6-2004; amended 3-21- 2006 by L.L. No. 9-2006] F. Hearings. All appeals from the decision of the Town Clerk and revocation hearings shall be processed as follows: [Amended 2-10-2004 by L.L. No. 6- 2004; 3-21-2006 by L.L. No. 9-2006] (1) All hearings administered by the Town Board or duly appointed hearing officer shall be recorded. (2) If the hearing is held before the Town Board, it may affirm or reverse, in whole or in part, the Town Clerk's denial or suspension of a license, certificate or permit, with or without conditions, and may revoke a license, certificate or permit, with or without conditions, after such hearing. (3) If the hearing is held before a hearing officer he shall file written findings and recommendations, including the action to be taken and/or the amount of any fine or penalty, with the Town Board no later than thirty (30) days from the close of the hearing. The Town Board may accept or reject the recommendations of the hearing officer, in whole or in part, with or without conditions. file:///C: /Users/staceyn/AppData/Local/Microsoft/Windows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 28 of 30 (4) The hearing officer shall mail his/her written findings and recommendations to the applicant by regular or certified mail no later than thirty (30) days from the close of the hearing. G. Decisions. The decision of the Town Board is final and, shall be mailed to the applicant and file with the Town Clerk. [Amended 2-10-2004 by L.L. No. 6- 2004] H. Reapplications. Aperson whose license, certificate or permit has been revoked shall not be permitted to reapply for a period of at least one year from the date of the revocation. [Amended 2-10-2004 by L.L. No. 6-2004] § 180-34. Waivers; certificates of relief from civil disabilities. A. Waivers of disapproval or suspension. A certificate of operation which has been disapproved or suspended due to use of said vehicle in the commission of a crime, as prescribed in this chapter, may be approved or reinstated with the filing of a request for a waiver from the Town Clerk, after a determination by the Town Clerk, with advice of the appropriate Police Department, that said vehicle's involvement in the crime was not the liability of the business and/or vehicle owner. B. Certificate of relief from civil disabilities. Anyone convicted of a crime described hereinabove who has received a certificate of relief from civil disabilities regarding said conviction, issued by a court of competent jurisdiction, will not be subject to disapproval, suspension or revocation based on said conviction, after a review and determination by the Town Clerk that the crime would not endanger the health, safety and welfare of the residents of the Town of Huntington. § 180-35. Records. The Town Clerk shall keep a record of all applications, disapprovals, suspensions, revocations and complaints regarding licenses, certificates and permits, together with any reports in respect thereto, and shall forward such information, in writing, to the Suffolk County Police Department, which is to be updated on a weekly basis. Article VIII. Fees, Penalties and Miscellaneous Provisions § 180-36. Fees. A. Regular fees. The following fees shall be collected by the Town Clerk at the time applications are presented for issuance, replacement, substitution, processing, waiver or hearing: file:///C:/Users/staceyn/AppData/Local/Microsoft/ Windows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 29 of 30 (1) For a business owner's license: one hundred fifty ($150) dollars. (2) For a certificate of operation for each motor vehicle: fifty ($50) dollars. (3) For a vehicle operator's permit: fifty ($50) dollars. (4) For processing by the town of fingerprints, when applicable, in addition to the New York State Division of Criminal Justice Services fee: fifty ($50) dollars. (5) For a waiver of disapproval, suspension or revocation: twenty ($20) dollars. (6) Editor's Note: Former Subsection A(6), establishing the fee for a revocation hearing, was repealed 3-21-2006 by L.L. No. 9-2006. This local law also redesignated former Subsection A(7) as A(6). For an appeal of a denial or suspension: one hundred ($100) dollars. (7) For a car top advertising device: fifty ($50) dollars. [Added 2-1-2011 by L.L. No. 3-2011] B. Late fees. The following additional fees shall be collected by the Town Clerk at the time applications are presented for renewal when said applications are made in excess of 30 days after the expiration date thereof. (1) For a business owner's license: fifty ($50). dollars (2) For a certificate of operation for each motor vehicle: fifteen ($15). dollars (3) For a vehicle operator's permit: fifteen ($15). dollars C. Refunds. Fees shall not be refunded in the event that an application is denied. D. Reductions. There shall be no reduction in fees for licenses, certificates or permits issued for a fractional part of a year. § 180-37. Penalties for offenses. A. Any person or persons, associations, corporations or entities committing an offense against this chapter or any section or provision thereof is guilty of a violation punishable by a fine or imprisonment for a period not to exceed fifteen (15) days, or by both fine and imprisonment, and each day, or part thereof such violation continues shall constitute a separate offense punishable in like manner: [Amended 3-21-2006 by L.L. No. 9-2006] (1) First offense: not less than Two Hundred and Fifty ($250) Dollars or more than Five Hundred ($500) Dollars. (2) Second offense: not less than Five Hundred ($500) Dollars or more than One Thousand Five Hundred ($1,500) Dollars. file:///C:/Users/staceyn/AppData/Local/Microsoft/ W indows/Temporary%20Internet%20Fi... 9/ 18/2013 Town of Huntington, NY Page 30 of 30 (3) Third offense: not less than One Thousand Five Hundred ($1,500) Dollars or more than Five Thousand ($5,000) Dollars. Additionally, in the case of vehicle operators, the permit shall be revoked for a minimum of one (1) year. An operator seeking a permit after the expiration of one (1) year shall file a new application, submit to fingerprinting and pay the requisite fees as set forth in this chapter. B. In addition to any other remedy provided by law, the town may bring an injunction proceeding to enforce this chapter. C. Notwithstanding conviction for a violation hereunder, and imposition of a fine and/or imprisonment therefor, any license, certificate or permit holder shall also be liable to suspension, revocation or future disapproval of any license, certificate or permit held by him or her in his or her own or any business or corporate name for any offense against this chapter. The provisions contained in this chapter regarding disapproval, suspension and revocation shall be controlling to effectuate any disapproval, suspension or revocation provided for herein. § 180-38. Severability. The provisions of this chapter are declared to be severable and if any section, sentence, clause or phrase of this chapter shall for any reason be held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this chapter, but they shall remain in effect, it being the legislative intent that this chapter shall stand notwithstanding the invalidity of any part. file:///C:/Users/staceyn/AppData/Local/Microsoft/ W indows/Temporary%20Internet%20Fi... 9/ 18/2013