Town of East Hampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of East Hampton 6-17-2010 by L.L. No. 4-2010; amended in its entirety 4-18-2013 by L.L. No. 1-2013. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Traffic Violations Bureau — See Ch. 61.
Streets and sidewalks — See Ch. 217.
Vehicles and traffic — See Ch. 240.

§ 226-1 Purpose and intent.

A. 
The purpose of this chapter is to regulate the activities of taxicabs and other vehicles for hire in the Town of East Hampton. History and experience have 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. Indeed, one of the Town Board's highest priorities is to promote public safety, economic well-being, and highway safety and usage within the community while preserving the character of the community.
B. 
The Town Board hereby declares that the transportation of persons by motor vehicles available for hire in the Town of East Hampton is a vital service which must be licensed and regulated in order to protect the health, safety and welfare of individuals using such services and the community as a whole.
C. 
Thus, this chapter is intended to safeguard consumers against price gouging, fraud and inferior services; to prevent unsafe driving conditions on the public roads and highways of the Town; and to prohibit the pickup of passengers by taxicabs not licensed to do so in the Town of East Hampton.
D. 
Because a variety of administrative costs will be incurred in connection with the issuance and recording of licenses, as yet undetermined in the regulation and enforcement of such licenses, the Board seeks to set all fees within this chapter by Town Board resolution. In doing so, the Board is able to better facilitate any necessary changes that may be required in the future.
E. 
Town Law §§ 136 and 137, General Municipal Law § 181 and Municipal Home Rule Law § 10 provide authorization for this chapter.

§ 226-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
BUSINESS
Includes any single act of transporting a passenger or passengers in a motor vehicle for hire or for compensation of any kind upon the public streets, roads and highways within the Town of East Hampton.
LIVERY
Any motor vehicle engaged in transportation for hire when, at the prior request of the passenger(s), a vehicle is used and pickup is made by prior arrangement or dispatch, 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.
OWNER
The owner, registered with the New York State Department of Motor Vehicles, of a motor vehicle used as a taxicab or otherwise engaged in the business of transportation for hire within the confines of the Town of East Hampton, and/or a purchaser under a conditional sales contract, a reserve title contract, a vendor's lien agreement, or a similar agreement, who is entitled to obtain in his or her own name proper New York State registration of a motor vehicle used as a taxicab or otherwise engaged in the business of transportation for hire within the confines of the Town of East Hampton and/or a person, as that term is defined herein, who is a business owner, principal, director and/or officer of a business, and/or a person owning or controlling one or more taxicabs operated or driven for compensation.
PASSENGER
Includes any person other than the operator/driver who is an occupant of a taxicab upon the public streets, roads and highways of the Town of East Hampton.
PERSON
Any natural person, corporation, partnership, form of business entity and any other form of organization. For the purposes of this chapter, upon a change in the identity of the owner of 20%, or more, of the outstanding shares of a corporation or partnership, such corporation or partnership shall be deemed to be a new and different "person."
STREET
Any street, avenue, bridge, highway, public way or public place within the confines of the Town of East Hampton.
TAXICAB
Any motor vehicle engaged in the business of transporting persons for hire, except:
A. 
Private vehicles not engaged in the business of transportation for hire;
B. 
Vehicles subject to the provisions of the Public Service Law or Transportation Corporations Law;
C. 
Vehicles under an express written contract to provide transportation for weddings, funerals, or similar functions;
D. 
Vehicles engaged in the transportation of hotel guests and employees only;
E. 
Vehicles for hire engaged in transportation from a point within the Town to a point outside the Town, or from a point outside the Town to a point within the Town, or from a point outside the Town, through the Town, and to a point beyond the Town;
F. 
Club vehicles engaged in the transportation of club members only; and
G. 
Vehicles for hire engaged in transportation upon a defined route under a franchise agreement therefor from the Town of East Hampton during specified hours of operation.

§ 226-3 Business license.

It shall be unlawful for any person to engage in the business of transporting people for hire by taxicab, from point to point within the confines of the Town of East Hampton, without having first obtained a license to conduct such business from the Town Clerk.
A. 
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 resident address of the applicant and, if applicant is not a natural person, the names and resident addresses of all officers, partners, directors and stockholders (if there are any and that they number 10 or less) of the applicant, social security number(s), business federal identification number, and certificate of incorporation.
(b) 
The business address of the applicant.
(c) 
Proof of insurance as required by § 226-16 of this chapter.
(d) 
A list of employees who will be operating a taxicab for the business within the confines of the Town of East Hampton.
[Added 12-17-2016 by L.L. No. 52-2016[1]]
[1]
Editor's Note: This local law also redesignated former Subsection A(1)(d) as Subsection A(1)(e).
(e) 
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.
(2) 
Fingerprints. When the business license application form has been completed, the applicant and, if the applicant is not a natural person, all officers, partners, directors and stockholders (if there are any and if they number 10 or fewer) of the applicant shall submit to being electronically fingerprinted at a fingerprinting service center approved by the Town. 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 requirement, the applicant shall arrange for an appointment with the Department of Public Safety for appropriate fingerprinting, and such fingerprints shall thereafter be transmitted to the New York State Division of Criminal Justice Services in the form and manner as prescribed by the New York State Division of Criminal Justice Services for a full search of its criminal history records. In connection with such fingerprinting requirement:
[Amended 5-15-2014 by L.L. No. 8-2014; 12-17-2016 by L.L. No. 52-2016]
(a) 
The application shall be accompanied by an appropriate fee, to be forwarded to the New York State Division of Criminal Justice Services in the form and manner as prescribed by the New York State Division of Criminal Justice Services, which amount shall be in addition to the processing fees stated herein, for such criminal history record check of the applicant as is deemed necessary or advisable for the protection of the public good and welfare. The applicant shall be responsible for all fees associated with the fingerprinting.
(b) 
The New York State Division of Criminal Justice Services will 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 Attorney. The Town Attorney shall review any information disseminated by the Division of Criminal Justice Services and must keep the same confidential and shall only disclose to the Chief of Police (or his designee) or the Town Clerk (or her designee), whether or not he/she may "approve" or "disapprove" the application, but may not share the actual results of the background check. Any secondary dissemination of criminal history record information is prohibited by New York State Law.
(c) 
There is no requirement for new fingerprints for each renewal period, unless the license issued under the provisions of this chapter has lapsed for a period of time in excess of one year, or there has been a change in the ownership, officers, partners, directors or stockholders, and in such case only individuals who have not yet been fingerprinted must comply with the provisions of § 226-3A(2). Any changes to the criminal history of an applicant (individual, officer, partner, director or stockholder) since the original application must be disclosed in writing at the time of renewal.
(d) 
If the application discloses that the applicant has been convicted of a felony, misdemeanor, or other criminal offense, the standards enumerated in §§ 701 to 703-b and §§ 751 to 753 of the New York State Correction Law shall be applied in considering the issuance or denial of a license.
B. 
Form. A business license shall state the name and address of the licensee.
C. 
Fee and term. The Town Board shall, by resolution, adopt a schedule of license fees as shall be necessary, pursuant to this chapter, and the annual renewal thereof. Such fees shall be collected by the Town Clerk and shall be the fees required under the chapter until the same shall be amended or modified or repealed by a subsequent resolution of the Town Board. No license fee shall be prorated except as provided for in § 226-17C.
[Amended 12-17-2016 by L.L. No. 52-2016]
D. 
Posting and business office. A business license shall be conspicuously posted, in full public view, in the main office of the licensee. Each applicant for a business license shall maintain a physical business office within the Town of East Hampton. A taxi office shall obtain all required use permits as described in Chapter 255, Zoning, and shall obtain a proper certificate of occupancy for any premises prior to issuance of a business license. The proper certificate of occupancy shall be presented to the Town Clerk as part of the application to obtain a business license.
E. 
Renewal. Application for the renewal of a business license shall be filed no later than 30 days prior to the expiration of the current business license issued pursuant to this chapter. The application shall be verified and shall set forth the information listed in § 226-3A of this chapter. Forms for the renewal application shall be supplied by the Town Clerk and shall be requested by the licensee, in writing.
F. 
Any business licensed under this section that no longer wishes to operate as such, or is no longer in compliance with all the provisions of this chapter, must return the issued business license to the Town Clerk within 72 hours, and failure to do so will be a violation of this chapter. A voluntary surrender will not bar such business from reapplication.
[Added 12-17-2016 by L.L. No. 52-2016]

§ 226-4 Taxicab license.

It shall be unlawful for any person to operate or permit to be operated a taxicab, from point to point within the confines of the Town of East Hampton, without having first obtained therefor a taxicab license from the Town Clerk. All taxicabs licensed by the Town of East Hampton shall have livery, TLC, T- or taxicab license plates as issued by the New York State Department of Motor Vehicles.
A. 
Application. To obtain a taxicab license as required by this section, or any renewal thereof, a verified application shall be made to the Town Clerk, which application shall set forth the following information:
(1) 
The name and resident address of the applicant and the registered owner of the vehicle. Taxicabs and vehicles for hire must be registered in the same name as the business license.
[Amended 5-15-2014 by L.L. No. 8-2014]
(2) 
The business address from which the taxicab will be used and the business license under which it will be used.
(3) 
The make, model, year, seating capacity, mileage, vehicle identification number and the license plate number.
(4) 
If the vehicle has been previously used as a taxicab and where.
(5) 
Any additional information the Town Clerk shall deem necessary for the purpose of administering the provisions of this chapter or to assist in determining the applicant's fitness to engage in the business of transportation for hire.
B. 
Form. The taxicab license shall state the name and address of the registered owner; if the vehicle is held under a conditional sales contract, a reserve title contract, a vendor's lien agreement or under a similar sales agreement, the taxicab license shall state the name and address of the person entitled to obtain proper New York State registration for the vehicle in his or her own name. The taxicab license for all vehicles shall also state the seating capacity; the year, make and model; the license plate number; and the business license number under which the taxicab is being operated.
C. 
Fee and term. The license fee for each motor vehicle licensed pursuant to this section, and any renewal thereof, shall be nonrefundable and in an amount set by the Town Board. No license fee shall be prorated.
D. 
Posting. The taxicab license shall be conspicuously posted and securely fastened on the interior of such vehicle in such a manner as to be readily visible to a passenger in the rear seat.
E. 
Identification sticker.
(1) 
When issuing a taxicab license, the Town Clerk shall also deliver to the licensee two stickers bearing the taxicab license number, the vehicle license plate number and the expiration date of the taxicab license. Each such sticker must be securely affixed to the left rear windshield of the vehicle and to the upper right of the front windshield. The stickers are 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 licensee, the Town Clerk shall issue a duplicate sticker at a fee as set by the Town Board.
(3) 
Identification stickers issued pursuant to this section are the property of the Town of East Hampton, and must be removed and returned to the Town Clerk within 72 hours upon expiration, upon sale of the vehicle, or in the event the vehicle is no longer in compliance with any and all of the provisions of Chapter 226.
[Added 12-17-2016 by L.L. No. 52-2016]
F. 
Renewal. Application for the renewal of a taxicab license shall be filed no later than 30 days prior to the expiration of the current taxicab license issued pursuant to this chapter. The application shall be verified and shall set forth the information listed in § 226-4A of this chapter. Forms for the renewal applications shall be supplied by the Town Clerk.

§ 226-5 Taxicab driver's license.

It shall be unlawful for any person to drive or operate or, as an owner, to allow any person to drive or operate a taxicab or other motor vehicle engaged in transportation of persons, for hire, from point to point within the confines of the Town of East Hampton, without having first obtained a taxicab driver's license to drive or operate such a taxicab from the Town Clerk.
A. 
Application. To obtain a taxicab driver's license required by this section, or any renewal thereof, a verified application shall be made to the Town Clerk, upon a form to be furnished by the Town Clerk, which application shall set forth the following information:
(1) 
The name and resident 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. Any conviction for a felony or any conviction for a violation of § 1192 or § 1212 the Vehicle and Traffic Law or a conviction under Article 120, 125, 130, 135, 155 or 160 of the New York State Penal Law may act as a bar to the granting of a taxicab driver's license. If the application discloses that the applicant has been convicted of a felony, misdemeanor, or other criminal offense, the standards enumerated in §§ 701 to 703-b and §§ 751 to 753 of the New York State Correction Law shall be applied in considering the issuance or denial of a license.
[Amended 5-15-2014 by L.L. No. 8-2014; 12-17-2016 by L.L. No. 52-2016]
(6) 
Whether or not the applicant has ever had an "indicated" report of suspected child abuse or maltreatment or has ever had a finding by the Family Court of the State of New York of an act of child neglect or abuse as defined by Family Court Act, Article 10, or such similar laws as exist in any state or country.
(7) 
The applicant's chauffeur's license classification and license number.
(8) 
Whether or not the applicant has been previously licensed in such occupation and, if so, the details of where, when and for what period; and, if such license was ever suspended or revoked, the reason therefor and the date thereof.
(9) 
Whether the applicant is a registered Level 2 or Level 3 sex offender, as recorded on the Division of Criminal Justice Services Subdirectory maintained pursuant to the Sex Offender Registration Act (New York State Correction Law Article 6-C), or if the applicant has ever been the focus of an "indicated" report to the New York State Central Register of Child Abuse and Maltreatment or has been found to have neglected or abused a child as defined by New York State Family Court Act Article 10.
[Amended 12-17-2016 by L.L. No. 52-2016]
(10) 
Provide the name of the licensed taxicab business or businesses employing him/her to operate a taxicab within the confines of the Town of East Hampton.
[Added 12-17-2016 by L.L. No. 52-2016[1]]
[1]
Editor's Note: This local law also redesignated former Subsection A(10) as Subsection A(11).
(11) 
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.
B. 
Taxicab driver's photographs and fingerprints.
(1) 
All license applications shall be accompanied by two 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. 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 requirement, the applicant shall arrange for an appointment with the Department of Public Safety for appropriate fingerprinting, and such fingerprints shall thereafter be transmitted to the New York State Division of Criminal Justice Services in the form and manner as prescribed by the New York State Division of Criminal Justice Services for a full search of its criminal history records. In connection with such fingerprinting requirement:
[Amended 5-15-2014 by L.L. No. 8-2014; 12-17-2016 by L.L. No. 52-2016]
(a) 
The application shall be accompanied by an appropriate fee to be forwarded to the New York State Division of Criminal Justice Services in the form and manner as prescribed by the New York State Division of Criminal Justice Services, which amount shall be in addition to the processing fees stated herein, for such criminal history record check of the applicant as is deemed necessary or advisable for the protection of the public good and welfare. The applicant shall be responsible for all fees associated with the fingerprinting.
(b) 
The New York State Division of Criminal Justice Services will 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 Attorney. The Town Attorney shall review any information disseminated by the Division of Criminal Justice Services and must keep the same confidential and shall only disclose to the Chief of Police (or his designee), or the Town Clerk (or her designee), whether or not he/she may "approve" or "disapprove" the application, but may not share the actual results of the background check. Any secondary dissemination of criminal history record information is prohibited by New York State law.
(c) 
The Town Clerk may waive the requirement for new fingerprints for each renewal period, unless the license issued under the provisions of this chapter has lapsed for a period of time in excess of one year.
(d) 
If the application discloses that the applicant has been convicted of a felony, misdemeanor, or other criminal offense, the standards enumerated in §§ 701 to 703-b and §§ 751 to 753 of the New York State Correction Law shall be applied in considering the issuance or denial of a license.
C. 
Form. The taxicab driver's license shall contain the name, address, date of birth, signature and photograph of the licensee. It shall state the dates of issuance and expiration of the license.
D. 
Fee and term. The license fee for each taxicab driver's license issued under this section shall be in an amount set by the Town Board. No license fee shall be prorated.
E. 
Posting. The taxicab driver's license issued by the Town Clerk shall be conspicuously posted and securely fastened on the visor on the driver's side of the taxicab. Such license must be clearly visible from all passenger areas of the vehicle regardless of whether or not a passenger is currently in the vehicle.
[Amended 12-17-2016 by L.L. No. 52-2016]
F. 
Renewal. Application for the renewal of a driver's license shall be filed no later than 30 days prior to the expiration of the driver's license issued pursuant to this chapter. The application shall be verified on a form furnished by the Town Clerk and shall contain the information required by § 226-5A and all its subsections. The licensee shall request these renewal forms from the Town Clerk, in writing. Upon annual renewal, the licensee shall execute a written affidavit, sworn to under oath, before an officer empowered to administer such oath, that the licensee has not been charged with, nor convicted of, any crime. Upon the licensee's disclosure of such charge or conviction, the Town Clerk shall have the discretion to issue, renew or not. The affidavit to be executed by the licensee shall be preceded by a written warning that knowingly making a false sworn statement constitutes the separate crime of perjury and that the discovery of any false statement will result in the immediate revocation of the license. All licensees are required to notify the Town Clerk within 24 hours of their being charged with or convicted of a crime, or found to have committed an act of child neglect or abuse as defined by Family Court Act Article 10, or such similar laws as exist in any state or country. Upon learning that a licensee has been charged with, or convicted of, a crime, or found to have committed an act of child neglect or abuse as defined by Family Court Act Article 10, or such similar laws as exist in any state or country, the Town Clerk shall have the discretionary power to suspend or revoke the subject license.
[Amended 12-17-2016 by L.L. No. 52-2016]

§ 226-6 Disapprovals.

A. 
Notice and right to appeal. The Town Clerk shall notify an applicant of a disapproval of an application, in writing, and shall include a statement that the applicant may request an appeal hearing before the designated review board, by filing a written request with the Town Clerk. Service of such notice shall be made personally or by certified mail to the address set forth in the application. The Town Clerk shall give the appealing party at least five days' written notice of the time and place of such hearing.
B. 
Hearing. At the time and place set for the hearing upon the appeal from the determination of the Town Clerk, the designated review board shall give the appealing party and any other interested party a reasonable opportunity to be heard in order to show cause why the determination of the Town Clerk should not be upheld. The decision of the designated review board shall be in writing, shall specify the ground or grounds upon which the decision is based and shall be final and conclusive, subject to review only by a court of competent jurisdiction.

§ 226-7 Suspensions, revocations, notice and hearings.

A. 
Suspensions. The designated review board shall suspend any license and set the time and place for a revocation hearing, as prescribed in this chapter, under the following circumstances:
(1) 
Noncompliance: any violation of the provisions of this chapter or any reason for which the original application could have been disapproved, as set forth above.
(2) 
Criminality: conviction of any felony or misdemeanor that, in the judgment of the designated review board, renders the license holder unfit or undesirable under the standards of Article 23-A of the Correction Law of the State of New York.
(3) 
Fraud, misrepresentation or false statements contained in the license application or made in the course of conducting transportation for hire.
(4) 
Improper conduct: conducting transportation for hire in an unlawful manner or in such a way as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
(5) 
Improper postings: more than three convictions for failure to post any and all identification devices and placards, as required by this chapter, within the one year prior to the time of such suspension.
B. 
Revocation. The designated review board shall have the power to revoke any license issued under this chapter if it determines, after a public hearing, that the holder is undesirable or incapable of properly conducting transportation for hire or that the vehicle is undesirable or incapable of properly transporting passengers for hire.
C. 
Notice. If the designated review board determines to hold such a hearing, it shall notify the holder that a hearing will be held to determine whether his or her license should be suspended or revoked. Such notice shall specify the time and place of the hearing and the ground or grounds for suspension or revocation which will be the subject of the hearing. Such notice shall be in writing, shall be served at least five days prior to the hearing and shall be served personally or sent by certified mail, return receipt requested, addressed to the address set forth in the application.
D. 
At the time and place set for the hearing, the designated review board shall give the holder and any other interested party a reasonable opportunity to be heard.
E. 
If the designated review board determines that the license should be suspended or revoked, the designated review board shall notify the holder of the decision. Such notice shall be served personally or sent by certified mail, return receipt requested, to the address set forth in the application. The license holder shall immediately surrender said license to the Town Clerk.
F. 
The decision of the designated review board shall be in writing, shall specify the ground or grounds upon which the decision shall be based and shall be final and conclusive, subject to review only by a court of competent jurisdiction.
G. 
It shall be unlawful for any person to refuse to surrender a license issued pursuant to this chapter to the Town Clerk upon demand after the license has been suspended, revoked or expired.
H. 
Reapplication. A person whose license has been revoked shall not be permitted to reapply for a period of at least one year from the date of revocation.

§ 226-8 Waivers; certificates of relief from civil disabilities.

A. 
Waivers of disapproval or suspension. A vehicle license that 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 East Hampton.

§ 226-9 Duties of taxicab drivers.

[Amended 5-15-2014 by L.L. No. 8-2014; 12-17-2016 by L.L. No. 52-2016]
It shall be the duty of taxicab drivers subject to the provisions of this chapter to do, and it shall be a violation of this chapter for failing to comply with, the following:
A. 
Keep the interior and exterior of his or her taxicab clean at all times.
B. 
Transport all orderly persons upon request, unless already under hire.
C. 
Inform the Town Clerk, in writing, of any change in address within 72 hours.
D. 
Thoroughly search his or her taxicab for lost or misplaced items after the discharge of each fare and surrender all items found to the taxicab business office.
E. 
Inform the Town Clerk, in writing, within 24 hours of the loss or theft of his or her driver's license.
F. 
Not allow the engine to idle for more than five minutes when the taxicab is not in motion.
G. 
Not transport persons without payment of a fare, except the owner of the taxicab or a fellow employee.
H. 
Not transport a greater number of persons than the rated capacity of the taxicab as listed on the license or allow a greater number of persons than the rated capacity of the taxicab as listed on the license enter the cab.
I. 
Maintain a written record of all trips, showing the time and place each passenger engaged the taxicab or vehicle for hire and the time and place each passenger left the taxicab or vehicle for hire, as well as the fare charged. The driver shall deliver a copy of this record to the taxicab or vehicle for hire owner. This record shall be retained by the driver for a period of one month and by the owner for a period of one year.
J. 
Not conduct himself or herself in any manner or way that is either dangerous or offensive to the general public.
K. 
Not lease, assign, or otherwise transfer his or her taxicab license, nor enter into an arrangement with a taxicab business (licensed under § 226-3) whereby the taxicab business provides a taxicab license (pursuant to § 226-4) to the driver for compensation. The transfer of ownership of a vehicle from a driver to the business that employs such driver shall be presumptive evidence of a prohibited arrangement.
L. 
Maintain the taxicab in the same condition as existed when the original application for the taxicab license was obtained, including, but not limited to, maintaining the same livery, TLC, T- or taxicab license plates as issued by the New York State Department of Motor Vehicles.

§ 226-10 Duties of owners.

A. 
It shall be the duty of every owner of a taxicab subject to the provisions of this chapter to do, and it shall be a violation of this chapter for failing to comply with, the following:
[Amended 5-15-2014 by L.L. No. 8-2014; 12-17-2016 by L.L. No. 52-2016]
(1) 
Inspect and repair all damage or malfunction to or in the taxicab each week. All said repairs and maintenance to the taxicab shall not be made while the vehicle is on the public street, public way or public place.
(2) 
Not allow the taxicab to be used in business if not in proper working condition.
(3) 
Equip and maintain each taxicab with:
(a) 
All-season tires or snow tires when there is snow or ice on the streets.
(b) 
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.
(c) 
Vehicle identification. The exact name and telephone number of the business license under which the taxicab is being operated, and the car or vehicle number, shall be conspicuously lettered on each longitudinal side of the exterior of the vehicle in letters at least five inches in height.
(4) 
Not allow any unlicensed taxicab driver or other unauthorized person to operate the taxicab, and not lease, assign, or otherwise transfer his or her taxicab license nor enter into an arrangement with a taxicab driver (licensed under § 226-5) whereby the taxicab business provides a taxicab license (pursuant to § 226-4) to the driver for compensation. The transfer of ownership of a vehicle from a driver to the business that employs such driver shall be presumptive evidence of a prohibited arrangement.
(5) 
Maintain the driver's fare record, which has been delivered to the owner, for a period of one year. If the driver fails to deliver the fare record to the owner, the owner shall request the record from the driver and, if still not delivered, shall inform the Town Clerk of the driver's failure to provide the fare record. The owner shall make such record available to the Town Clerk (or her designee) immediately upon demand.
(6) 
Report to the Town Clerk the loss or the theft of the taxicab license, in writing, within 24 hours.
(7) 
Conspicuously and securely post and maintain a fare schedule within the taxicab and forward a copy thereof to the Town Clerk.
(8) 
Maintain a physical business office within the Town of East Hampton with a proper certificate of occupancy for the taxicab business office required by § 226-3D.
(9) 
Ensure that the identification stickers issued under § 226-4 are both properly affixed to the vehicle for which they were issued. Upon expiration, upon sale of the vehicle, or in the event the vehicle is no longer in compliance with any and all of the provisions of Chapter 226, such stickers must be removed immediately and returned to the Town Clerk within 72 hours.
(10) 
Maintain the taxicab in the same condition as existed when the original application for the taxicab license was obtained including, but not limited to, maintaining the same livery, TLC, T- or taxicab license plates as issued by the New York State Department of Motor Vehicles. Should the vehicle be altered in any manner that differs from the information provided in the application under § 226-4, such information must be updated with the Town Clerk in writing within 24 hours. If such change makes the vehicle inapplicable to be operated as a taxicab under Chapter 226, all identification stickers must be removed immediately.
B. 
The provisions of Subdivision 50 of Section 375 of the Vehicle and Traffic Law are not applicable to taxicabs registered or licensed by the Town of East Hampton.
C. 
No vehicle for hire shall be parked on any public road in the unincorporated Hamlet of Montauk except when actively dropping off or picking up a fare between the hours of 9:00 p.m. and 6:00 a.m. the immediately following day. Between the hours of 6:00 a.m. and 9:00 p.m., no vehicle for hire shall be parked on any public road in the unincorporated Hamlet of Montauk for more than 15 minutes, except when actively dropping off or picking up a fare. For the purposes of this subsection, the unincorporated Hamlet of Montauk shall consist of all those areas located within the Montauk School District.
[Added 7-21-2016 by L.L. No. 34-2016]
D. 
No vehicle for hire shall be parked in the public Kirk Park Parking Lot in Montauk except when actively dropping off or picking up a fare.
[Added 7-21-2016 by L.L. No. 34-2016]
E. 
No vehicle for hire shall be parked in the public parking lot at 84 S. Euclid Avenue, Montauk, Suffolk County Tax Map No. 300-49-1-18, except when actively dropping off or picking up a fare.
[Added 7-21-2016 by L.L. No. 34-2016]

§ 226-11 License record and seal.

A. 
Each license issued pursuant to the provisions of this chapter shall be stamped with the Seal of the Town of East Hampton.
B. 
In addition, the Town Clerk shall keep a record of all licenses issued pursuant to this chapter. Such record shall list the complaints, suspensions and revocations recorded against each licensee and shall be open to view by the public during regular business hours.

§ 226-12 Transfer, lease, or assignment of licenses.

It shall be a violation of this chapter for any person to transfer, assign or lease, or to accept the transfer, assignment or leasing of, any license issued under this chapter from person to person or from vehicle to vehicle. Failure to comply with this provision shall be deemed sufficient cause for the revocation or suspension of any license issued pursuant to this chapter and is a violation chargeable against both the transferor, assignor or leaser and transferee, assignee or lessee, as well as against the holder(s) of the taxicab business license.

§ 226-13 Loss of license.

Should any license issued pursuant to this chapter be lost or stolen through no fault of the licensee, the Town Clerk shall issue a duplicate license for a fee to be set by the Town Board.

§ 226-14 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 24 hours. After this period, if the property is still not claimed, it shall be brought to the East Hampton Town Police Department, and a receipt shall be obtained.

§ 226-15 Posted fare schedule.

A. 
It shall be a violation of this chapter to operate or permit to be operated a taxicab, from point to point within the confines of the Town of East Hampton, unless there is conspicuously posted in the interior of the taxicab a schedule of the fares to be charged for the hire of such vehicle. Such schedule shall be legibly printed on white cardboard or similar material, in easy view of the passenger riding in the back seat and not less than 8.5 inches by 11 inches in size.
B. 
This fare schedule shall contain the following information:
(1) 
The minimum and the maximum fare to be charged within the Town of East Hampton.
(2) 
The fare per mile.
(3) 
Any fare for transportation outside of the Town should be checked with the office.
(4) 
Cost for waiting time.
(5) 
Fare for exclusive, one-passenger service.
(6) 
Cost for packages.
C. 
The owner or operator of the taxicab will not be allowed to collect a fare greater than that which is posted.

§ 226-16 Liability insurance; proof required.

A. 
Business owners.
(1) 
Each applicant for a business license shall, before such license may be issued or renewed pursuant to this chapter, procure and maintain an insurance policy covering the applicant and each motor vehicle against public liability in at least the minimum limits required by the laws of the State of New York for personal injury and property damage, which insurance shall be maintained in force during the period covered by the license. The applicant shall file with the Town Clerk a certificate of insurance evidencing such insurance coverage within five days of such application. Such certificate and insurance policy shall provide that the Town of East Hampton shall be given 30 days' prior written notice of cancellation. Such policy shall not be canceled or suspended either by the insured or the insurer unless at least 30 days' notice, in writing, of the intention to cancel or suspend such policy has been filed with the Town Clerk, and, upon such suspension or cancellation of insurance, the license shall stand suspended until such time as an acceptable policy or certification of insurance shall be on file with the Town Clerk.
B. 
Vehicle operator. Operators while in possession of a vehicle are responsible for having the valid, current insurance card for said vehicle issued to the business and/or vehicle owner with them at all times.

§ 226-17 License fees, expirations, and renewals.

[Amended 5-15-2014 by L.L. No. 8-2014]
A. 
Regular fees. The Town Board shall, by resolution, adopt a schedule of the following fees necessary, pursuant to this chapter, and the annual renewal thereof. Such fees shall be collected by the Town Clerk at the time applications are presented for issuance, replacement, substitution, processing, waiver or hearing and shall be the fees required under this chapter until the same shall be amended or modified or repealed by a subsequent resolution of the Town Board.
(1) 
For a business license.
(2) 
For a taxicab license for each motor vehicle.
(3) 
For a taxicab driver license.
(4) 
For any replacement or duplicate license.
B. 
Refunds. Fees shall not be refunded in the event that an application is denied.
C. 
Reductions. There shall be no reduction in fees for licenses issued for a fractional part of a year unless a change in expiration dates reduces the term of the validity of such license.
[Amended 12-17-2016 by L.L. No. 52-2016]
D. 
Expirations. The term of all licenses issued hereunder shall be for the period of one year beginning on the first day of March and expiring on the last day of February of each year.
[Amended 12-17-2016 by L.L. No. 52-2016]
E. 
Renewals. Applications for renewal of all licenses shall be made no later than 30 days prior to the expiration date thereof.

§ 226-18 Penalties for offenses.

A. 
Misdemeanors. Any person found to have violated § 226-3 or 226-15C of this chapter shall be guilty of a misdemeanor. A first offense hereunder shall be punishable by a fine of not less than $500; a second conviction shall be punishable by a fine of not less than $500 nor more than $1,000; and a third conviction shall be punishable by a fine of not less than $1,000 nor more than $1,500 or, in each case, by imprisonment for a period not to exceed one year, or both. Each day that the offense continues shall constitute a separate additional misdemeanor.
B. 
Violations. Any person found to have committed any other offense against this chapter not specifically designated as a misdemeanor, or any section or provision thereof, is guilty of a violation. A first violation of this chapter shall be punishable by a fine of not less than $250; a second conviction shall be punishable by a fine of not less than $250 nor more than $500; and a third conviction shall be punishable by a fine of not less than $500 nor more than $750 or, in each case, by imprisonment for a period not to exceed 15 days, or both. Each day that the violation continues shall constitute a separate additional offense.
C. 
Notwithstanding a conviction for a violation or misdemeanor and imposition of a fine and/or imprisonment, any license holder shall also be subject to suspension, revocation or future disapproval of any license 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.
D. 
In addition to any other remedy provided by law, where authorized by a duly appointed resolution of the Town Board, the Town Attorney shall bring and maintain a civil proceeding in the name of the Town in the Supreme Court to recover a civil penalty against any person conducting, maintaining or permitting a violation of this chapter.

§ 226-19 Severability.

If any part or provision of this chapter or the application thereof to any person or circumstance is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision of or application directly involved in the controversy in which the judgment shall have been rendered and shall not affect or impair the validity of the remainder of this chapter or the application thereof to other persons or circumstances.

§ 226-20 Application of provisions.

Nothing proposed by this chapter shall apply to persons or taxicabs engaged in the business of transporting persons, for hire or pay, from a point outside the Town of East Hampton to a point within the Town nor from a point within the Town to a point outside the Town of East Hampton nor from a point outside the Town to another point outside the Town and passing through the Town of East Hampton.

§ 226-21 When effective.

This chapter shall be effective upon filing with the Secretary of State.