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Town of Riverhead, NY
Tuesday, September 17, 2013
Chapter 99. TAXICABS AND VEHICLES FOR HIRE
[HISTORY: Adopted by the Town Board of the Town of Riverhead 5-3-2011 by
L.L. No. 16-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic -See Ch. 101.
§ 99-1. Purpose.
A. The purpose of this chapter is to regulate the activities of taxicabs and other
vehicles for hire in the Town of Riverhead. History has shown that there is a
need for investigation and review of the conduct of taxicab drivers and vehicles
for hire in order to ensure the health, safety, and welfare of residents and visitors
within the Town of Riverhead. Indeed, one of the Town Board's highest priorities
is to protect the peace and security of our citizens on the highways in our
community.
B. Thus, this chapter is intended to enhance the peace and security of our citizens
in their homes and neighborhoods; to safeguard consumers against fraud and
inferior services; and to prevent congestion and unsafe conditions on the streets
and highways of the Town.
§ 99-2. Word usage; 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 Riverhead.
BUSINESS LICENSE
Written authorization which permits a person to engage in the business of
transportation for hire or to employ others for said purposes.
CRUISING
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To travel about the street and roadways at random.
DEPOT
An additional place of business in the area where an owner's terminal is
located.
DRUG TESTING POLICY/RANDOM DRUG TESTING POLICY
A written policy that meets the minimum requirements for the testing of holders
of a commercial driver's license for drugs and/or alcohol developed by the
United States Department of Transportation and Federal Motor Carrier Safety
Administration as set forth in the Code of Federal Regulations in 49 CFR Parts
40 and 382.
FARE
A transportation charge or the price of passage or the sum paid or due for
conveying a person by taxicab or vehicle for hire.
LIMOUSINE
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
A natural person who is entitled to obtain in his or her own name proper New
York State licensing for the operation of a motor vehicle for the purpose of
transportation for hire.
OPERATOR'S PERMIT
Written authorization which permits an operator to engage in the business of
transportation for hire within the Town of Riverhead.
OWNER
Includes a person, as defined herein, who is a business owner, principal,
director and/or officer 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 Riverhead.
PERSON
Includes natural persons, corporations, partnerships, unincorporated
associations or any other organizations of two or more persons.
TAXICAB
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Any motor vehicle engaged in the business of transportation for hire, other
than a limousine, whether the same is operated from a street stand or subject
to calls from a garage.
TAXI STAND
A public place alongside the curb of a street or elsewhere which has been so
designated as reserved exclusively for the use of all taxicabs licensed
pursuant to this chapter.
TERMINAL
A fixed base of operation of the owner of the taxicab or limousine.
TOWN
Includes all areas within the Town of Riverhead exclusive of areas wholly
within any incorporated village.
TRANSPORTATION FOR HIRE
Includes the transporting of a passenger or passengers in a motor vehicle, for
hire or for compensation of any kind, upon the public streets, roads and
highways within the Town of Riverhead.
VEHICLE FOR HIRE
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 Riverhead.
VEHICLE PERMIT
Written authorization which permits the use of a specific vehicle in the
business of transportation for hire within the Town of Riverhead.
ZONE
An area within the Town.
§ 99-3. Exemptions.
The provisions of this chapter shall not apply to vehicles solely owned and operated
for the activities set forth herein:
A. Business vehicles engaged in a business other than transportation for hire,
wherein said vehicles are used solely for transportation of clients of said
business, whether for a fee or not, and are not made available for hire by
persons other than clients of the principal business.
B. Hotel vehicles engaged in the transportation of hotel guests only.
C. Club vehicles engaged in the transportation of club members only.
D. Public or private school vehicles engaged in the transportation of school pupils
only.
E. Buses as defined by the New York State Vehicle and Traffic Law.
F. Limousines as defined in this chapter.
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G. Vehicles for hire engaged in transportation from a point outside the Town of
Riverhead to a point within the Town, from a point within the Town to a point
outside the Town, or from a point outside the Town to another point outside the
Town and passing through the Town of Riverhead.
§ 99-4. Business license.
A. It shall be unlawful for any person to engage in the business of transporting
people for hire by a taxicab, from point to point within the confines of the Town of
Riverhead, without having first obtained a license to conduct such business from
the Town Clerk.
B. Application.
(1) To obtain a business license required by this section, 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 permanent address of the applicant, the applicant's
telephone number and social security number. If the applicant is a
corporate entity, the name and address of all officers, partners, directors,
members, and/or stockholders of the applicant, the applicant's federal tax
identification number and telephone number.
(b) The make, model, year, seating capacity, vehicle identification number
and license plate number of each vehicle to be used in said taxicab
business.
(c) The registered owner of each vehicle to be used in said taxicab business.
No business license shall be issued to any person unless he is the owner
of each taxicab operated in his name.
(d) The names and addresses of all vehicle operators.
(e) The name, address, telephone number and title of the person designated
to accept process or other legal notices on behalf of the licensee. The
licensee is required to designate an agent who resides in the County of
Suffolk for the service of process of any notices set forth in this chapter or
for the service of process of a violation of this chapter.
(f) Details of any convictions for misdemeanors and felonies, including the
nature of the offense for which arrested and ultimately convicted, the date
of arrest and conviction, the place where said conviction was had and the
sentence imposed.
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(2) In addition to the requirements set forth in Subsection B(1) of this section,
prior to obtaining a business license required by this section, or any renewal
thereof, the business owner shall certify that the business has a written drug
testing policy as defined herein.
C. Form. A business license shall state the name and address of the licensee, the
date of the issuance and expiration of said business license, and that the
licensee is authorized to engage in the business of transportation for hire by the
Town of Riverhead.
D. Term. The term of the business license shall be for a term of one year.
E. Posting of business license. A business license shall be conspicuously posted, in
full public view, in the main office of the licensee.
F. Renewal. Application for the renewal of a business license shall be filed no later
than 30 days prior to its expiration. The application shall be verified and shall set
forth the information listed in § 99~B of this chapter. Forms for the renewal
application shall be supplied by the Town Clerk and shall be requested by the
licensee.
G. Modification. Any change in circumstance with regard to the information required
hereinabove shall be reported to the Town Clerk within 30 days of occurrence.
§ 99-5. Operator's permit.
A. It shall be unlawful for any person to drive or operate or, as an owner, to allow
any person, including the owner, to drive or operate a taxicab or other motor
vehicle engaged in transportation for hire, as defined herein, without having first
obtained an operator's permit to drive or operate a taxicab from the Town Clerk.
B. Application. To obtain a permit required by this section, 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:
(1) The name and permanent address of the applicant.
(2) Any other names ever used by the applicant.
(3) The applicant's place of residence for the past five-year period.
(4) The applicant's age, 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, including the offense the applicant was
convicted of, the date and court of conviction, and the sentence imposed.
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(6) The applicant's license classification and license number. All applicants must
hold the proper license from the State of New York to operate a taxicab to be
issued an operator's permit.
C. Additional requirements. In addition to a completed application, an applicant
must comply with the following requirements in order to be considered for an
operator's permit.
(1) Photograph. All operator permit applications shall be accompanied by four
unmounted, unretouched photographs of the applicant, showing head and
shoulders, taken within 30 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 appear at the Riverhead Town Police Department, or a New York State
Division of Criminal Justice Services' approved vendor, to be fingerprinted as
provided in the form and manner prescribed by the Division of Criminal
Justice Services, for such fingerprint search. Prior to the fingerprinting, the
Town Clerk shall secure from the applicant the required fee for a criminal
history record check in the form of a check or money order made payable, as
required, to the New York State Division of Criminal Justice Services to be
forwarded to the Division with such fingerprints. Any fee for fingerprinting
charged by the Department or vendor is in addition to the fees required to be
paid to the Town Clerk. The Chief of Police of the Riverhead Town Police
Department orhis/her designee(s) shall review all information provided by
New York State Division of Criminal Justice Services in connection with the
applicant's criminal background and investigation. If a prospective applicant
for any of the aforementioned licenses has been convicted of a crime, any
decision regarding such prospective applicant's fitness for a license will be
made upon consideration of New York State Correction Law 701-703-b
and 751-753. [Amended 7-3-2012 by L.L. No. 11-2012]
(3) Physician's statement. The applicant must submit a written statement from a
medical doctor licensed to practice medicine in the State of New York stating
that the applicant is physically and mentally fit to safely operate a motor
vehicle.
(4) Drug test. The applicant must submit a certification from his employer that he
has passed apre-employment drug test.
(5) Driver's license and abstract. The applicant must submit a copy of the
applicant's New York State driver's license along with a New York State
driver's abstract detailing the applicant's driving history dated within 10 days
of the date the application is submitted to the Town Clerk.
D. Form. The permit shall contain the name, address, date of birth, signature and
photograph of the applicant. It shall state the dates of issuance and expiration of
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the permit. In addition, there shall be sufficient blank spaces to record any
suspension or revocation of the permit.
E. Term. The term of the permit shall be for one year from date of issuance.
F. Posting. The permit shall be conspicuously posted and securely fastened on the
visor on the driver's side of the taxicab.
G. Renewal. Application for the renewal of an operator's permit shall be filed no
later than 30 days prior to its expiration. The application shall be verified on a
form furnished by the Town Clerk and shall contain the information required by
§ 99-6B and C and all their subsections. An applicant requesting to renew an
operator's permit shall request a renewal form from the Town Clerk either in
person or in writing.
H. Temporary permit.
(1) The Town Clerk may issue a temporary permit to an applicant, who is
otherwise qualified, pending the investigation of the applicant's application for
a full permit.
(2) The holder of a temporary permit shall be subject to all the provisions of this
chapter. The duration of a temporary permit shall be 30 days.
(3) No temporary permit may be issued until the applicant has submitted a
certification from the applicant's employer that the applicant has passed a pre
-employment drug test.
I. Modification. Any change in circumstance with regard to the information required
hereinabove shall be reported in writing to the Town Clerk within 30 days of
occurrence.
J. Denial of operator's permit. The Town Clerk shall not issue an operator's permit in
the following instances:
(1) The applicant has a conviction for any of the offenses:
(a) A felony within the last 10 years.
(b) Any crime involving the manufacture, transportation, possession, or sale
of illegal drugs as defined by New York Penal Law.
(c) A crime involving the operation of a motor vehicle under the influence of
alcohol or drugs.
(d) Any offense that requires the applicant to register as a sex offender.
(e) Reckless driving.
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(f) Endangering the welfare of a child.
(2) It is determined by the Town Clerk that the applicant made a false, misleading
or fraudulent statement in the application for an operator's permit.
(3) The applicant has been convicted of offense for violating a provision of this
chapter a minimum of three times.
§ 99-6. Vehicle permit.
A. It shall be unlawful for any person to operate or permit to be operated a taxicab,
from point to point within the confines of the Town of Riverhead, without having
first obtained therefor a vehicle permit from the Town Clerk. All taxicabs licensed
by the Town of Riverhead shall be registered in the State of New York and must
have the proper registration and license plates for a taxicab as required by the
New York State Department of Motor Vehicles.
B. Application.
(1) To obtain a vehicle permit as required by this section, or any renewal thereof,
a verified application shall be made to the Town Clerk, which application shall
set forth the following information:
(a) The name and resident address of the applicant and the registered owner
of the vehicle.
(b) The business address from which the taxicab will be used and the
business license under which it will be used.
(c) The make, model, year, seating capacity, vehicle identification number
and the license plate number.
(d) If the vehicle has been previously used as a taxicab and where.
(2) In addition to the application, an applicant for a vehicle permit shall provide
the following:
(a) Proof that the vehicle is properly registered in New York State as required
by this section.
(b) A valid certificate of inspection from a business licensed as a New York
State Vehicle Inspection Station.
(c) Proof that the vehicle is insured as required by the New York State
Department of Motor Vehicles.
C. Form. The vehicle permit shall state the name and address of the registered
owner; if the vehicle is leased, the name and address of the party to which it is
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leased; the seating capacity; the year, make and model; the license plate
number; and the business license number under which the taxicab is being
operated.
D. Term. The term of the vehicle permit shall be for one year from date of issuance.
E. Posting. The vehicle permit shall be conspicuously posted and securely fastened
on the interior of such vehicle in such a manner as to be readily visible to a
passenger in the rear seat.
F. Identification sticker.
(1) When issuing a vehicle permit, the Town Clerk shall also deliver a sticker
bearing the vehicle permit number, the vehicle license plate number and the
expiration date of the vehicle permit. Each such sticker must be securely
affixed to the rear bumper of the vehicle. The sticker is to remain there and
shall be kept clearly visible at all times.
(2) Should this sticker become lost, stolen or destroyed through no fault of the
owner, the Town Clerk shall issue a duplicate sticker at a fee as set by the
Town Board.
G. Renewal. An application for the renewal of a vehicle permit shall be filed no later
than 30 days prior to expiration. The application shall be verified and shall set
forth the information listed in § 99-6B of this chapter. Forms for the renewal
applications shall be supplied by the Town Clerk and shall be requested by the
licensee, in writing or in person no later 45 days prior to the expiration date of the
current permit.
H. Modification. Any change in circumstance with regard to the information required
hereinabove shall be reported to the Town Clerk within 30 days of occurrence.
§ 99-7. Operator regulations.
It shall be the duty of every operator of a taxicab to comply with the following:
A. Each operator shall keep the interior and exterior of his taxicab clean at all times.
B. An operator must transport all orderly persons upon request, unless already
under hire.
C. An operator must inform the Town Clerk, in writing, of any change in address
within 72 hours.
D. An operator shall thoroughly search his taxicab for lost or misplaced items after
the discharge of each fare.
E. Operators shall inform the Town Clerk, in writing, within 24 hours of the loss or
theft of the operator's permit.
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F. Operators shall not transport a greater number of persons than the rated capacity
of the taxicab as listed on the vehicle permit.
G. After having accepted a person for transportation, an operator must refuse to
accept any other passengers without the consent of the person first accepted for
transportation.
H. At the request of any passenger, operators must enforce no smoking in their
vehicle by all occupants, including the driver, during the presence of the
passenger making said request.
I. Operators may not use loudspeakers, noisemaking devices, or other attention-
seeking devices.
J. Operators may not peddle any goods or property from the vehicle for hire.
K. Operators may not solicit the use of a vehicle for hire in violation of Chapter 99 of
the Code of the Town of Riverhead or for any purpose other than transportation
for hire.
L. An operator may not allow any other person to use his operator permit.
M. Operators shall maintain a written log of all trips, showing the time and place
each passenger engages the taxicab and the time and place he leaves the
taxicab, as well as the fare charged. The operator shall deliver a copy of this log
to the owner of the taxicab. The log shall be retained by the operator and the
owner for a period of one year.
N. No operator shall engage in the act of cruising as defined in this chapter.
O. An operator shall not conduct himself in any manner or way that is either
dangerous or offensive to the general public.
P. Operators shall, upon request of a member of the Town Attorney Investigation
Unit or Town of Riverhead Police Department, produce for inspection their trip
log.
O. Operators shall be subject to the same requirements as a holder of a commercial
driver's license as set forth by the United States Department of Transportation
and the Federal Motor Carrier Safety Administration with regard to the operation
of vehicle and the consumption of alcohol and drugs.
R. Operators must submit to and pass all alcohol and/or drug tests required by this
chapter.
§ 99-8. Owner regulations.
It shall be the duty of every owner of a taxicab, as defined in this chapter, to:
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A. Inspect and repair all damage or malfunction to or in the vehicle or equipment
each week. All said repairs and maintenance to the vehicles shall not be made
while the vehicle is on the public street, public way or public place.
B. Not allow the taxicab to be used in business if not in proper working condition.
C. Equip and maintain each taxicab with interior lights, under the control of the
driver, which shall fully illuminate the passenger area when a passenger is
boarding or alighting from the vehicle.
D. Not allow any person to operate the taxicab without an operator's permit as
defined by this chapter.
E. Maintain the operator's log for a period of one year and which must be available
for inspection by the Town, upon request, at all times during said period.
F. Report to the Town Clerk the loss or the theft of the vehicle permit, in writing,
within 24 hours.
G. Ensure that all operators employed by the owner comply with all of sections
regarding the duties, requirements and responsibilities of operators contained in
this chapter.
H. Develop, implement and follow a written drug testing policy as defined in this
chapter.
I. Upon notification that an operator employed by the owner has failed a drug test,
the owner must within 24 hours notify the Town Clerk in writing that the operator
has failed a drug test and is no longer eligible to operate a taxicab in the Town of
Riverhead. Notice to the Town Clerk must be sent by certified mail.
J. Prevent an operator from driving any taxicab owned by the owner upon
notification that the operator has failed a drug test until such time that the owner
is notified by the Town Clerk in writing that the operator's privilege to drive a
taxicab in the Town of Riverhead has been restored.
K. Maintain written records regarding all drug tests administered pursuant to this
chapter for a period of three years and produce said records for inspection upon
the request of the Town Clerk, Town Board, Town Investigative Unit or Town of
Riverhead Police Department.
L. Maintain a maintenance log for each vehicle owned by the owner for a period of
one year and which must be available for inspection by the Town, upon request,
at all times during said period.
§ 99-9. License and permit seal; recordkeeping.
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A. Each license and permit issued pursuant to the provisions of this chapter shall be
stamped with the Seal of the Town of Riverhead.
B. In addition, the Town Clerk shall keep a record of all licenses and permits issued
pursuant to this chapter. Such record shall list the complaints, suspensions and
revocations recorded against each licensee and permit holder and such record
shall be open to view by the public during regular business hours. Upon receiving
any complaint, the Town Clerk shall forward such complaint to the Investigation
Unit of the Town Attorney's Office for investigation.
§ 99-10. Transfer or assignment.
It shall be a violation of this chapter for any person to transferor assign, or to
accept transfer or assignment, of any license or permit issued under this chapter
from person to person or from vehicle to vehicle.
§ 99-ll. Loss of license or permit.
Should any license or permit issued pursuant to this chapter be lost or stolen
through no fault of the licensee or permit holder, the Town Clerk shall issue a
duplicate license or permit for a fee to be set by the Town Board.
§ 99-12. Lost and found articles.
All property which is lost or misplaced in the taxicab shall be kept at the address
listed on the business license under which the taxicab is operated for a period of
one month. After this period, if the property is still not claimed, it shall be brought to
the Riverhead Town Police Department and a receipt obtained.
§ 99-13. Inspection.
A. Each and every taxicab licensed pursuant to the provisions of this chapter shall
be subject to inspection by the Investigative Unit of the Town Attorney's Office.
Said inspection shall concern the cleanliness of the taxicab, the required safety
equipment, and the proper posting of licenses and other items required by this
chapter.
§ 99-14. Police inspections.
Nothing in this chapter shall prevent the Riverhead Town Police Department from
making further routine inspections.
§ 99-15. Request to submit to testing.
Any member of the Town Attorney Investigation Unit or the Riverhead Town Police
Department may, upon reasonable suspicion that an operator has consumed drugs
or alcohol in violation of this chapter, the New York Vehicle and Traffic Law and/or
the New York Penal Law, request that the operator submit to a drug and/or alcohol
test.
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§ 99-16. Denial, suspension or revocation of license or
permit.
A. The Town Clerk shall suspend or revoke a license or permit upon learning of a
violation of this chapter. Notice of the revocation or suspension shall be mailed to
the licensee or permit holder by registered mail, at the address listed on the
license or permit application notifying the license or permit holder that their
license or permit has been suspended or revoked and the reason for such
suspension or revocation.
B. Any license or permit holder shall be entitled to a hearing to appeal a denial,
suspension or revocation. Any license or permit holder who wants to appeal a
denial, or suspension or revocation must notify the Town Clerk in writing that
they wish to appeal the denial, suspension or revocation. Said hearing shall be
held before the Town Board. The Town Clerk shall notify the license or permit
holder of the date, time and place of the hearing, in writing, at least 30 days prior
to the hearing. At the close of the hearing, the Town Board may suspend, revoke
or uphold the denial of the license or permit or dismiss the charges alleged. The
Town Board must state the facts upon which the ruling is based.
C. Failure to comply with the provisions of this chapter shall be seen as sufficient
cause for the revocation or suspension of such license or permit.
D. Conviction of a violation of the New York State Vehicle and Traffic Law in a court
of competent jurisdiction regarding the equipment or working condition of the
taxicab shall be grounds for the suspension or revocation of the vehicle permit.
E. The Town Clerk shall suspend any license or permit issued pursuant to this
chapter upon learning that the license or permit holder has been charged with
any of the offenses listed in § 99-5J(1).
F. The Town Clerk shall revoke any license or permit issued pursuant to this chapter
upon learning:
(1) That the license or permit holder has been convicted of an offense listed in
(2) That an application contained a false, misleading or fraudulent statement;
(3) That a license or permit holder has three or more convictions for violating
provisions of the Riverhead Town Code; or
(4) That an operator has failed a drug test as defined herein.
§ 99-17. Vehicle regulations.
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A. Each vehicle used as a cab, as defined hereinabove, must be equipped with a
permanent raised operational dome light affixed to the roof, with "taxi," "taxicab"
or the business name imprinted thereon, and must have "taxi" or "taxicab" and
the business telephone number permanently affixed to each side of the exterior,
not less than four inches in height, and the business name and address must be
permanently affixed to the lower portion of the front door, on each side of the
exterior, not less than two inches in height.
B. The owner of each vehicle shall ensure that the vehicle and its equipment are
inspected at least once during each week, the results of which must be noted in
the written log maintained for that vehicle. Each vehicle in use must be capable
of passing all Town, state and police inspections. Any and all repairs to the
vehicle must be recorded in the maintenance log.
C. Each vehicle must be kept clean, sanitary, fit, of good appearance and in a safe
condition for the transportation of passengers; including repair of all malfunctions
and/or damages and must comply with all alterations and/or additions that may
be required.
§ 99-18. Passenger regulations, rights and complaints.
A. Issuance. Upon approval of an application for a taxicab license, the Town Clerk
shall issue a placard for each vehicle 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.
§ 99-19. Surrender of license or permit.
A. Disapproval, suspension or revocation. Holders of licenses and/or permits issued
pursuant to this chapter must surrender same to the Town Clerk immediately
upon demand after the disapproval, suspension or revocation thereof.
B. Sales. Holders of a license issued pursuant to this chapter must surrender same
to the Town Clerk immediately upon, and in no case later than seven days from,
the sale or other disposition of a business or any vehicle.
C. State actions. Holders of licenses and/or permits issued pursuant to this chapter
must surrender same to the Town Clerk immediately upon, and in no case later
than seven days from, suspension or revocation by the State of New York of any
relevant license, permit or registration.
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§ 99-20. Sale or disposition of vehicle.
Each person licensed pursuant to this chapter shall, upon the sale or other
disposition of a licensed taxicab or limousine, within 24 hours, notify the Town Clerk
of the sale or other disposition, surrender the taxicab license issued for the vehicle
and submit proof that the license plates have been surrendered to the Department
of Motor Vehicles.
§ 99-21. Prohibited activities by passengers.
The activities by 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.
§ 99-22. Passenger rights and complaints.
A. Rights. Passengers in vehicles for hire are entitled to quiet, safe, orderly, timely,
comfortable transportation, at a price stated 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 by
completing a complaint form obtained from the Town Clerk and shall file with the
Town Clerk the completed complaint form.
§ 99-23. Taxi stands.
A. The Town Board may, from time to time, by resolution establish stands at such
locations upon the streets or other public places of the Town as it deems
necessary for the use of the taxicabs operated and driven by the persons
licensed pursuant to this chapter and prescribe the number of taxicabs that may
occupy the stand at one time; however, the Town Board must find that such
stands are required by the public convenience and necessity and will not tend to
create a traffic hazard.
B. All taxi stands may be used by any taxicab licensed pursuant to this chapter and
driven by any operator possessing an operator's permit pursuant to this chapter,
provided there is a vacant space available therefor.
C. No vehicle other than a taxicab, duly licensed pursuant to this chapter, shall at
any time occupy any space established as a taxicab.
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§ 99-24. Fees.
A. Regular fees. The Town Board shall set all fees under this chapter by resolution
and shall adjust said fees as the Board deems appropriate. The Town Clerk shall
collect a fee, for processing the following applications, at the time applications
are presented for issuance, replacement, substitution, processing or hearing:
(1) For an owner's license.
(2) For a vehicle permit.
(3) For an operator's permit.
(4) For processing fingerprints by the New York State Division of Criminal Justice
Service at prevailing fee of that agency in the form of check or money order
made payable to that agency.
(5) For a revocation hearing.
(6) For an appeal of disapproval, suspension hearing or revocation hearing.
B. Late fees. The Town Clerk shall collect additional fees at the time applications
are presented for renewal when said applications are made in excess of 30 days
after the expiration date thereof.
C. Refunds. Fees shall not be refunded in the event that an application is denied.
§ 99-25. Penalties for offenses.
A. Any person or persons committing an offense against this chapter or any section
or provision thereof is guilty of a violation punishable by a fine as indicated herein
below or imprisonment for a period not to exceed 15 days, or by both fine and
imprisonment, and each day's continued violation shall constitute a separate
offense:
(1) First offense: not more than $500.
(2) Second offense: not more than $1,500 but not less than $500.
(3) Third offense: not less than $1,000, and additionally, revocation of the license
and/or permit issued pursuant to this chapter for a minimum of one year, after
which reinstatement shall be based on a complete new application process,
including fingerprints.
B. In addition to any other remedy provided by law, the Town may bring an
injunction proceeding or Supreme Court proceeding to enforce the provisions of
this chapter.
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C. Notwithstanding conviction for a violation hereunder, and imposition of a fine
and/or imprisonment therefor, any license or permit holder shall also be liable for
suspension, revocation or future disapproval of any license or permit held by him
or her in his or her own or any business or corporate name for 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.
§ 99-26. Severability.
If any part of 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 of 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.
§ 99-27. When effective.
A. The provisions of this chapter shall take effect immediately.
B. Notwithstanding the foregoing, owners and operators, as defined herein, shall
have six months to from the date of adoption of this chapter to comply with the
requirements of this chapter.
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