[HISTORY: Adopted by the Board of Trustees
of the Village of Lynbrook as Ch. 19, Art. I, of the 1967 Code of
Ordinances; amended in its entirety 9-19-2011 by L.L. No. 12-2011. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Permission granted by the Village to any person to drive
a licensed taxicab upon the streets of the Village.
Any person owning or having control of the use of one or
more taxicabs used for hire upon the streets of the village or engaged
in the business of operating a taxicab.
A card on which is printed the tariff rates in the Village
as provided by this chapter.
Any street, alley, avenue, court, bridge, lane or public
place in the village.
Any motor vehicle engaged in the business of carrying persons
for hire, whether same is operated from a street stand or subject
to calls from a garage or otherwise operated for hire.
Any person who drives a taxicab, whether such person is the
owner of such taxicab or employed by a taxicab owner or operator.
Permission granted by the Village Board to any person to
operate or keep for hire a taxicab in the village.
Any place alongside the curb of a street or elsewhere which
is reserved by the Village for the exclusive use of taxicabs.
It shall be unlawful for any person to drive, operate or keep
a taxicab for hire or pay within the Village, without first having
obtained and paid for a license to drive or a license for operating
or keeping a vehicle for pay or hire, or both, and having same in
force and effect under the provisions of this chapter.
No person shall drive a taxicab, and no person shall permit
anyone to drive a taxicab, within the Village without such driver
having first obtained and paid for and having in force and effect
a driver's license under the provisions of this chapter. A revocation
or suspension of said driver's New York State driver's license
must be immediately reported to the Chief of Police and will constitute
an automatic revocation or suspension of the Lynbrook taxi driver's
license.
Each applicant for a taxicab driver's license must comply
with the following to the satisfaction of the Chief of Police:
A.
The applicant must first have obtained an appropriate New York State
driver's license.
B.
The applicant must be the age of 18 years or over.
C.
The applicant must be able to speak the English language.
D.
The applicant must be clean in dress and person and not addicted
to the use of intoxicating liquor or drugs.
E.
The applicant must provide, upon a form to be provided by the Village
Clerk, a statement giving the applicant's full name, residence,
date of birth, whether a citizen of the United States, whether the
applicant has ever been convicted of a felony or misdemeanor, whether
the applicant's license has ever been revoked and for what reason,
and the number of the driver's license issued to the applicant
by the state. The completed form shall be signed and sworn to by the
applicant and filed with the Chief of Police. Said document will be
maintained as a permanent record. The Chief of Police is hereby authorized
and empowered to require such additional information as may be deemed
necessary.
F.
Upon notification of approval of the application, the applicant will
have a period of 30 days within which to take physical possession
of the taxi driver's license at Village Hall. Should the applicant
fail to obtain the license within said period of time, the approval
will be deemed void.
G.
With respect to any taxicab stand used by the applicant, the applicant
must agree to maintain said stand and surrounding area within a radius
of 50 feet free of litter and debris of any kind and shall maintain
such stand in a clean and sanitary manner while the applicant's
vehicle is stopped at said stand. The Chief of Police, in his sole
discretion, may revoke the taxicab license of the licensee upon a
finding that the licensee has failed to so maintain said taxicab stand.
When the application form has been completed, the applicant
shall present himself or herself to an officer of the Lynbrook Police
Department to be fingerprinted. A copy of such fingerprints shall
be sent to the Division of Criminal Justice Services, Albany, New
York (hereinafter "DCJS"), requesting a fingerprint search, together
with the fee required by DCJS, in such form of payment as is acceptable
to DCJS, which fee shall be provided by the applicant. The DCJS reply
shall be reviewed by the Chief of Police or a member of the Police
Department.
Each applicant for a driver's license must file with his
application two unmounted, unretouched photographs of himself in such
position as the Chief of Police may direct, taken within the 30 days
preceding the filing of the application. Photographs shall be of passport
size, one of which shall be attached to the license when issued, and
the other shall be filed with the application. The photograph shall
be so attached to the license that it cannot be removed and another
photograph substituted without detection. Each licensed driver shall,
upon demand, exhibit his license and photograph for inspection.
[Amended 3-5-2012 by L.L. No. 1-2012]
A holder of a Lynbrook driver license to operate a taxicab must
obtain and possess a "for-hire driver license" to operate a for-hire
vehicle that is issued by the Nassau County Office of Consumer Affairs,
Taxi and Limousine Commission pursuant to Nassau County Taxi and Limousine
Commission Regulation 1-07 et. seq.
Applications for driver's licenses shall forthwith be sent
to the Chief of Police, and no license shall be issued under the provisions
of this chapter until receipt, in writing, from the Chief of Police
of a report showing the results of the investigation and examination
of the fingerprint impressions.
A.
No driver's license shall be issued to a person who has been convicted
in the last five years of a felony or of any crime involving fraud
or fraudulent practices or moral turpitude, including violations of
Penal Law §§ 120.01 et seq. (assault), 120.50 (stalking),
135.05 and 135.10 (unlawful imprisonment); Penal Law Articles 125
(homicide), 155 (larceny), 160 (robbery), 178 (illegal possession
of prescription medications), 220 (controlled substances), 235 (obscenity),
245 (exposure), 260 (child abandonment or nonsupport; child endangerment),
265 (possession of firearms), and/or 270 (violations against public
safety).
[Amended 9-16-2013 by L.L. No. 11-2013]
B.
The applicant may, upon obtaining a certificate of relief, be considered
for issuance of a license, except for a conviction of Penal Law § 120.01
et seq. (assault), Penal Law Article 125 (homicide), or Article 260
(conduct endangering a child), if there were no violations for any
offenses defined as a crime within the past five years preceding the
date of the license application.
C.
No driver's license shall be issued to a person who has been
convicted in the past five years of a violation of § 1192,
Subdivisions 1, 2, 2-a, 3 or 4-a (DWI), or § 1212 (reckless
driving) of the Vehicle and Traffic Law.
D.
A driver's license shall not be issued to a person who has been
convicted of Penal Law Articles 130 (sex offenses), 135 (kidnapping),
230 (prostitution), 263 (sexual performance by child), and/or § 120.70
(luring a child).
[Amended 9-16-2013 by L.L. No. 11-2013]
Upon satisfactory fulfillment of the requirements of this chapter,
there shall be issued to the applicant therefor a driver's license
which shall contain a photograph. Each license shall be stamped by
the Seal of the Village upon at least a portion of the photograph.
All licenses shall be numbered in the order in which they are issued
and shall contain the name and place of residence of the licensee
and the date of issuance and expiration of the license.
Driver's licenses shall be issued as of January 1 each
year and shall be valid to and including December 31 next succeeding,
unless sooner suspended or revoked.
The fee for the issuance of a taxicab driver's license
shall be in such amount as set forth by resolution of the Board of
Trustees. The applicant shall pay the amount, and in the form, as
prescribed by the New York State Department of Criminal Justice Services
for a fingerprint search fee.
In addition to being subject to the penalties provided for an
offense against the provisions of this chapter, any holder of a driver's
license who shall deface, remove or obliterate any official entry
upon his license shall be punished by revocation of his license.
[Amended 1-11-2016 by L.L. No. 1-2016]
A.
A taxicab
driver's license may at any time be suspended or revoked on the grounds
of a violation of any provision of this chapter.
B.
Revocation
or a suspension of a taxicab license by the Chief of Police may be
appealed to the Board of Trustees within 20 days of the date of notice
of said action upon written notice by the licensee. The only issue
for determination by the Board of Trustees will be whether there was
substantial evidence supporting the revocation or suspension by the
Chief of Police.
C.
Upon revocation
or suspension, the taxicab driver shall immediately surrender the
license document issued to him to the Chief of Police.
D.
Effect
of revocation. No licensee whose license has been revoked may apply
for a license following a period of two years from the date of the
revocation. In the event of a failure or refusal of the taxicab driver
to surrender a revoked or suspended license document, such driver
shall be barred from reapplying for a driver's license for a period
of three years.
[Amended 1-11-2016 by L.L. No. 1-2016]
There shall be kept in the office of the Village Clerk a complete
record of each license issued to a taxicab driver or to a taxicab
owner and any revocation or suspension thereof, which records shall
be kept on file with the original application.
[Amended 3-5-2012 by L.L. No. 1-2012]
A.
It shall
be unlawful for any person to operate or any owner to permit to be
operated a taxicab for hire without a taxicab license under the provisions
of this chapter.
B.
A holder
of a Lynbrook taxi license must provide to the Chief of Police proof
of registration of said for-hire vehicle with the Taxi and Limousine
Commission of Nassau County pursuant to Nassau County Taxi and Limousine
Commission Regulations 1-03 et seq. Such proof must be provided to
the Chief of Police within 30 days of the issuance of the Lynbrook
taxi license to said taxi owner.
Application for a taxicab license shall be made by the owner
upon forms furnished by the Village Clerk and shall provide the following
information:
A.
The name, age and residence of the person applying for the license.
In the case of a corporation, the applicant shall provide the names
and addresses of each of the officers thereof. In the case of an unincorporated
association, the applicant will provide the names and addresses of
each member thereof.
B.
The make, model and vehicle registration number of each vehicle to
be licensed. The application will set forth the New York State registration
plate number for said vehicle.
C.
Such other information as the Chief of Police may deem necessary.
D.
Renewal licenses will be issued by the Village Clerk upon the approval
of the Village Board.
A.
Issuance or denial of a new taxicab license.
(1)
If the Village Clerk shall find that it appears that further taxicab service in the Village and particularly in the area in which the applicant for a new taxicab license proposes to operate is required by the public convenience and necessity and, from the representations contained in the application for such taxicab license, that the applicant is qualified and able to perform such public transportation and to conform to the provisions of this chapter and the rules and regulations adopted under this chapter, then the Village Clerk, upon the certification of each taxicab proposed to be operated by the applicant pursuant to § 224-23 hereof, and the furnishing by the applicant of proof of insurance, as hereinafter provided, shall prepare a report stating the name and address of the applicant and the date of the issuance thereof and the number of vehicles the applicant is requesting to operate, and the Village Clerk shall submit that report to the Village Board, which will determine whether a taxicab license will be issued for each vehicle to be licensed hereunder. If the Village Board determines that such license or licenses should issue, it may grant for each such vehicle a license bearing the words "Licensed Taxicab" and an assigned number and the year of issuance.
(2)
Before making any finding for the report to the Village Board
as to whether public convenience and necessity justify the issuance
of a taxicab owner's license or the licensing of additional taxicabs,
the Village Clerk shall cause to be published in a newspaper of general
circulation in the Village of Lynbrook a notice stating that application
has been made for the licensing of a vehicle or vehicles as taxicabs
and the number of vehicles for which such application has been made,
and advising members of the public that they may submit a statement
addressed to the Village Clerk commenting on whether or not public
convenience would be served by such licensing, and that such statement
must be filed at least seven days before the date fixed in the notice.
Any such statements so filed must be considered by the Village Clerk
in making a finding for the report to the Village Board as to public
convenience and necessity.
(3)
If the Village Board shall find from the representations contained in the application that an applicant for an owner's license for a taxicab(s) is qualified and able to conduct the business of taxicab operation and to conform to the provisions of this chapter and the rules and regulations adopted under this chapter, then the Village Board, upon the certification of each taxicab proposed to be operated by the applicant pursuant to § 224-23 hereof, and the furnishing by the applicant of proof of insurance, as hereinafter provided, may issue a license pursuant to § 224-23 hereof.
(4)
In making its determination as to whether any taxicab license
shall issue, the Board shall consider, but is not bound by, the Village
Clerk's report. The Board may give consideration to such other
facts, conditions and circumstances as it may consider relevant before
making its findings and determination.
B.
Consideration of taxicabs already in operation. In making the findings for the report to the Board required by § 224-22.1A(1), the Village Clerk shall take into consideration the number of taxicabs already in operation in the Village, whether existing transportation is adequate to meet the public need, the probable effect of additional taxicabs on local traffic conditions, and the character, experience and responsibility of the applicant and the adequacy of the service which the applicant proposes to give.
C.
Submission to examination under oath. The Village Clerk may, if deemed
appropriate, as part of the investigation, require the applicant and
any others having knowledge of the facts to submit to an examination
under oath and to produce evidence relating thereto, or hold a hearing
upon such application as hereinafter provided.
D.
Adding a new taxicab to the number of taxicabs currently licensed.
(1)
Every owner licensed under this chapter who shall desire to
add to the number of taxicabs he is then operating shall file with
the Village Clerk a written application under oath, stating:
(a)
The name and address of the applicant.
(b)
The applicant's owner's license number.
(c)
Any facts which the applicant believes tend to prove that the
public convenience and necessity require such addition.
(d)
A description of each such additional taxicab, including the
make, model, passenger seating capacity, year of manufacture, New
York State registration number, and motor number.
(2)
If the Village Clerk shall find that the addition of such taxicab
or taxicabs is required by the public convenience and necessity, then
he shall issue a supplementary report to the Village Board concerning
those findings. If the Board should find that it is appropriate, it
may issue such further taxicab license as required by its findings.
A.
Form and contents of license. Upon approval of the application for
a taxicab license following satisfactory inspection of the taxicab,
and upon payment of the prescribed fee, a license shall be issued
for said vehicle by delivery thereof to the owner. Said license shall
be in the size and form as prescribed by the Chief of Police.
B.
In accepting a taxicab license, the licensee shall certify and agree:
(1)
To be responsible for the continued maintenance of the vehicle in
accordance with the regulations of the Chief of Police; and
(2)
To be responsible for the maintenance of any taxicab stand area at
which the licensed vehicle may park; maintenance shall include keeping
the stand area clean and sanitary and free of litter and debris of
any type; and
(3)
To provide the Chief of Police with evidence of the location of the
storage or parking of each licensed taxicab.
A taxicab license shall be issued as of April 1 and shall expire
on March 31 next succeeding unless sooner suspended or revoked. If
a license is issued after April 1, it shall nevertheless, after the
full fee is paid, expire the following March 31.
[Amended 12-14-2015 by L.L. No. 9-2015]
Each licensed taxicab shall be insured by an automobile liability
insurance policy with minimum limits of $100,000/$300,000 for bodily
injury and $50,000 for property damage.
Should the state registration number of a taxicab be changed,
or any information set forth in the taxicab license application be
changed, during the life of the taxicab license, such change and number
shall be immediately reported by the licensee to the Chief of Police.
An annual fee shall be charged for each vehicle licensed hereunder.
Said fee shall be in such amount as set by resolution of the Board
of Trustees.
In addition to being subject to the penalties provided for an
offense against this chapter, any licensee who defaces, obliterates
or changes any official entry made upon his taxicab license shall
have his license revoked.
[Amended 1-11-2016 by L.L. No. 1-2016]
A.
A taxicab
license may be revoked or suspended by the Chief of Police for cause,
pending a hearing. Upon written notice to the holder of a taxicab
license, the Chief of Police may conduct an investigation, at which
time the Chief will determine whether there is substantial evidence
to revoke or suspend the taxicab license. A suspension or revocation
may be made where the Chief finds that there has been a violation
of any provision of this chapter in the use, operation or control
of said licensed taxicab or upon a finding that the taxicab has been
used for any immoral or illegal business or purpose.
B.
Any revocation
or suspension may be appealed to the Village Board of Trustees within
20 days of date of notice of said action by the licensee. The sole
issue for determination by the Village Board will be whether or not
the Chief of Police had substantial evidence to support the suspension
or revocation.
C.
Upon revocation
or suspension of a taxicab license, the holder shall, within five
days of the date of written notice, surrender the license document
to the Chief of Police.
D.
A failure
or refusal of the holder to immediately surrender such license document
shall result in a bar to any application by said holder for a taxicab
license for any motor vehicle for a period of two years from the date
of revocation or suspension.
The Village Clerk shall keep a register of the name of each
person owning or operating a taxicab licensed under this chapter,
together with the license number and the description and make of such
vehicle, with the date and complete record of inspection made of such
vehicle by or under the direction of the Chief of Police. Such record
shall be open to inspection by the public at all reasonable times.
Changes of address of taxicab owners or drivers shall be reported
to the Chief of Police, in writing, within three days thereafter.
A.
The taxicab licensee shall present the taxicab for inspection at
such reasonable time and place as the Chief of Police may direct.
B.
The Chief of Police shall direct an inspection of any licensed taxicab
where a complaint of an individual is received indicating a likelihood
of a violation of the maintenance provisions of this chapter.
The Chief of Police is authorized to promulgate regulations
for the maintenance of licensed taxicabs. A copy of the regulations
shall be provided to each licensed taxicab owner. The regulations
shall be kept available for public inspection during regular business
hours at the office of the Police Department. Licensed drivers and
owners of licensed taxicabs shall comply with each such maintenance
regulation.
A.
Designation. Taxicab rates within the Village shall be furnished
to each person to whom a license is issued for the transportation
of persons as herein provided, and such rates shall be printed on
a card or other method as said Board of Trustees shall designate.
B.
Posting. Said rates so printed shall be posted in a conspicuous place
in each vehicle licensed for the transportation of persons for hire.
It shall be unlawful for any taxicab owner, operator or driver
to charge fares for taxicab service in excess of the rates established
by resolution of the Board of Trustees.
Every driver of a taxicab shall have the right to demand payment
of the legal fare in advance and may refuse employment unless so prepaid,
but no driver of a taxicab shall otherwise refuse or neglect to convey
any orderly person or persons anywhere in the Village, unless previously
engaged or unable to do so.
No taxicab driver shall stop to pick up an additional passenger
while en route to the destination of any passenger occupying the taxicab
without the consent of such passenger or passengers.
When a passenger asks for a receipt, it shall be given to him
by the taxicab driver. Such receipt shall show the name of the driver,
the name of the owner of the taxicab, the number of the taxicab, the
time when the trip began and ended, and the amount of fare collected.
Every license issued by the Chief of Police shall be issued
upon the condition that (a) no charge shall be made for the transportation
of persons within the Village by such licensee other than at the rate
therefor which may, from, time to time, be fixed by the Board of Trustees,
and (b) for trips to a point outside the Village, driver advise the
passenger of the amount of the fare before beginning the trip.
No person shall solicit fares or patrons to ride in a taxicab
owned or operated by him through spoken words or otherwise in any
part of the Village.
No taxicab, while awaiting employment by passengers, shall stand
on any public street or place other than at or upon a taxicab stand
designated and established in accordance with this chapter.
Every driver of a taxicab, immediately after the termination
of any hiring or employment, must carefully search such taxicab for
any property lost or left therein, and any such property, unless sooner
claimed or delivered to the owner, must be taken forthwith to the
police station and deposited with the officer in charge.
A.
The Chief of Police is hereby authorized to designate the location
of taxicab stands to meet the need and convenience of Village residents.
B.
The Chief of Police is hereby authorized to promulgate regulations
for the signage, use and maintenance of taxicab stands. Said regulations
shall be kept available for public inspection during regular business
hours at the offices of the Police Department.
C.
Long Island
Rail Road Station.
[Added 3-5-2012 by L.L. No. 1-2012; amended 3-3-2014 by L.L. No. 7-2014]
(1)
A
taxicab stand at the Long Island Rail Road Station, whether located
on public or private property, shall include an office and a toilet
facility available to taxicab drivers and the public 24 hours a day
within 500 feet of the taxicab stand. Evidence to ownership, leasehold
or licence of said office and toilet facility shall be presented to
the Chief of Police before the issuance of a taxicab license containing
authorization to use such taxicab stand.
(2)
The
application for a license under this subsection or for an endorsement
on an existing license authorizing the use of the Long Island taxicab
stand shall be accompanied by a) a radius map signed by a surveyor
showing compliance with the five-hundred-foot office location requirement
by setting forth the distance from a point of the taxicab stand nearest
to the proposed office to that part of the proposed office door frame
nearest the taxicab stand; and b) a professional's certification confirming
that the office toilet facility is handicap accessible.
A.
Noncompliance, by licensed drivers or holders of taxicab licenses, with provisions of this chapter, denominated §§ 224-13, 224-16, 224-17, 224-20, 224-22, 224-23, 224-25, 224-26, 224-28, 224-31, 224-36, 224-37, 224-38, 224-39, 224-40, 224-41, 224-42, 224-44, 224-45, 224-46 and 224-49 shall be deemed violations and shall be punishable by fines up to $500 per violation or by imprisonment for up to 15 days, or by such fine and imprisonment.
B.
Licensed drivers or holders of taxicab licenses charged with noncompliance with the chapter sections referenced in Subsection A herein shall be assessed with an administrative penalty of $250 by the Chief of Police for each act of such noncompliance.
C.
The license of a driver or taxicab license holder shall be suspended
until said administrative penalty is paid to the Village of Lynbrook
and delivered to the Lynbrook Police Department. The Police Department
will provide a receipt evidencing the payment of such administrative
penalty.
