[HISTORY: Adopted by the Board of Trustees of the Village
of Nyack 10-8-1998 by L.L. No. 16-1998 (Ch. 51A of the 1972 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 330.
A.
This chapter shall be known as the "Taxicabs and Vehicles-for-Hire
Licensing Law of the Village of Nyack."
B.
The Board of Trustees hereby declares that the transportation of
persons by motor vehicles available for hire in the Village of Nyack
is a vital service which must be licensed and regulated in order to
protect the health, safety and welfare of individuals using such services.
C.
The Board of Trustees further finds that the unregulated use of the
streets of Nyack by present and future taxicab operators contributes
to traffic congestion in a manner not responsive to solution by the
general application of the vehicle and traffic laws of the State of
New York, and that the regulation of such use on behalf of the Village
by the Parking Authority of the Village of Nyack is the most efficient
mechanism of enforcement available.
D.
The intent and intended scope of this Taxicabs and Vehicles-for-Hire
Licensing Chapter is to:
(1)
Control and regulate the level of service and the rates to be charged
therefor by taxicabs picking up and discharging passengers wholly
within the Village.
(2)
Prohibit the pickup of passengers within the Village of Nyack for
destinations either within or without the Village by taxicabs and
other vehicles for hire not licensed to do business in the Village
of Nyack.
(3)
Control and regulate the stopping, standing and cruising activities
of taxicabs and other vehicles for hire by investing the Parking Authority
of the Village of Nyack with the authority to promulgate regulations
governing hack stands, taxicab standing times and cruising activities
on selected streets or generally, and to prohibit, if it deems it
necessary, the use of metered parking spaces by taxicabs and/or other
vehicles for hire.
Unless otherwise expressly stated, whenever used in this chapter,
the following words shall have the meaning given them by this section:
A telephone box authorized to be erected at or near a hack
stand for the receipt of calls for the furnishing of taxi services
by the authorized users of the stand.
A person, firm or corporation owning, controlling the use
of or engaged in the business of operating one or more taxicabs for
hire upon the streets of the Village.
The Parking Authority of the Village of Nyack.
A rigid white sheet of paper not less than five inches by
seven inches encased in a clear transparent wrapper to be securely
affixed to the vehicle, so as to be clearly visible to all passengers
in the vehicle and clearly readable, containing information as required
pursuant to this chapter. No printing thereon shall be in other than
black letters not less than one inch high.
Any motor vehicle engaged in the business of carrying persons
for hire, whether the same be operated from a street stand, a garage,
by dispatch or in any other way operated for hire, except vehicles
commonly known as buses, provided that such buses be by ad hoc charter
and not operating on a regular route or, if on a regular route, they
operate as common carriers under the aegis of the County of Rockland,
the Interstate Commerce Commission or some other regulatory authority,
state or federal, or used by undertakers in carrying out their business.
Taxicabs shall be considered commercial vehicles.
Written permission by the Village to any person, firm or
corporation to drive a licensed taxicab or vehicle for hire upon the
streets of the Village.
A license granted by the Village to any person, firm or corporation
to operate or keep for hire any taxicab in the Village for a period
commencing January 1 of each year and terminating on December 31 of
that year, unless sooner terminated, revoked or suspended.
Any designated area on a public street or within a public
parking lot designated and marked by the Parking Authority of the
Village of Nyack as and for the exclusive use of taxicabs and other
designated vehicles for hire.
Any motor vehicle, except buses (as defined within the definition
of "taxicab" herein), or those used by undertakers engaged in the
business of carrying persons for hire which do not operate from street
stands and are not available for hire. A vehicle displaying a license
plate designated by the New York State Department of Motor Vehicles
for use by vehicles for hire or by the Taxi and Limousine Commission
of the City of New York shall be presumed to be so engaged.
A license granted by the Village to any person, firm or corporation
to operate or keep a vehicle for hire in the Village for a period
commencing January 1 of each year and terminating on December 31 of
that year, unless sooner terminated, revoked or suspended.
The Incorporated Village of Nyack, whether operating through
the authority of the Village Board, the Village Parking Authority
or any other official.
No taxicab or vehicle for hire may be kept for hire or pay nor
pick up passengers for hire or pay within the Village, unless the
owner of said taxicab or vehicle for hire obtains a taxicab or vehicle-for-hire
operating license, together with a New York State inspection certificate
and sticker for same that has been duly issued and is in full force
and effect.
[Amended 5-12-2005 by L.L. No. 3-2005]
A fee for a taxicab license shall be $200 for each taxicab licensed.
Thereafter, the fee for the annual renewal thereof shall be $200.
A replacement of vehicles during this period shall be $50.
[Amended 5-12-2005 by L.L. No. 3-2005]
The fee for a vehicle-for-hire operating license shall be $200
for each vehicle licensed. Thereafter, the fee for the annual renewal
thereof shall be $200. A replacement of vehicles during this period
shall be $50.
[Amended 9-9-2004 by L.L. No. 5-2004; 3-8-2007 by L.L. No. 1-2007]
An application for a taxicab or vehicle-for-hire operating license
shall be made by the owner to the Parking Authority upon forms furnished
by the Authority or the Village Clerk, which forms shall be fully
completed by the applicant. Said application shall contain the following
information:
A.
The name, date of birth and residence of the person applying for
the license and prior arrests, resulting in convictions, inclusive
of vehicle and traffic violations for the previous five years.
B.
The type of motor vehicle to be licensed and the state license number.
C.
The following additional fees payable in connection with the background
check of each applicant:
(1)
An official bank check or postal money order in the amount of $75
payable to the "New York State Division of Criminal Justice Services."
[Amended 9-25-2008 by L.L. No. 2-2008]
(2)
For Town of Orangetown residents, an official bank check or postal
money order in the amount of $15 payable to the "Town of Orangetown."
(This fee includes postage.)
(3)
For nonresidents of the Town of Orangetown, an official bank check
or postal money order in the amount of $20 payable to the "Town of
Orangetown." (This fee includes postage.)
D.
Such other information, and the payment of such other fees, as the
Parking Authority, Village Clerk, or Chief of Police may deem necessary
for the safety and welfare of the public, including but not limited
to any forms or application authorizing a background screening of
the applicant.
E.
The name of the title of the Village employee responsible for reviewing
the criminal history record information (CHRI) of applicants shall
be the Supervisor of Parking Enforcement.
[Added 9-25-2008 by L.L. No. 2-2008]
F.
If, upon review of the CHRI by the Supervisor of Parking Enforcement,
it is apparent that an applicant has been convicted of a felony and/or
misdemeanor, any decision regarding such applicant's fitness
for holding an operating license shall be made upon a review of the
factors contained in New York State Correction Law §§ 751
to 753.
[Added 9-25-2008 by L.L. No. 2-2008]
A.
No taxicab or vehicle-for-hire operating license shall be issued
to any person who has been convicted of a felony or any sex offense
or who has been found not to be of good moral character or whose driving
privileges have been suspended or revoked within the previous five-year
period. Any applicant refused a license by the Parking Authority may
appeal to the Board of Trustees, which may direct, after investigation
and a public hearing, that a license be issued to operate a taxicab
or vehicle for hire to a person who has been convicted of a felony,
other than a sex offense, upon ample proof being submitted to the
Board of Trustees that the applicant has been a person of good moral
character for a period of three years preceding the date of filing
the application for a taxicab or vehicle-for-hire operating license.
B.
Each taxicab and vehicle-for-hire operating license issued shall
be personal to the licensee and shall not be transferred by the licensee.
"Transfer" shall include a change in beneficial ownership of more
than 25% of the stock of any corporate licensee, except as a result
of testamentary or intestate succession.
A taxicab or vehicle-for-hire operating license shall be issued by the Chairman of the Parking Authority, provided that the applicant has complied with all the provisions of this chapter. In the event of a denial and successful appeal per § 310-7A herein, the Chairman shall issue a license, if directed by the Board, subsequent to its hearing.
[Added 7-8-1999 by L.L. No. 6-1999]
The number of taxicab or vehicle for hire operating licenses
issued pursuant to this chapter shall not exceed 35.
[Amended 7-8-1999 by L.L. No. 6-1999]
Upon the issuance of a taxicab operating license, the Parking
Authority shall thereupon assign and designate a number for such licensed
taxicab which shall be displayed on the exterior rear doors, as well
as the upper quarter panel of the said taxicab, in numbers at least
six inches in height and one inch in width in a color that contrasts
with the background color of the taxicab, so that the same is legible
at a distance of 50 feet during daylight hours. Said number shall
also be displayed in the interior of said taxicab in numbers at least
two inches in height, so that the same is visible to passengers in
the front and rear of the taxicab. Such requirements as to display
shall not apply to vehicles for hire.
[Amended 9-9-2004 by L.L. No. 5-2004]
The Parking Authority shall keep a register or card index of
the name of each person owning or operating a taxicab or vehicle for
hire licensed under this chapter, together with the license number
and description, make and color marking of such vehicle. Such record,
subject to limitations set forth in the Public Officers Law of the
State of New York, shall be open to the public at all reasonable times.
A.
A taxicab or vehicle-for-hire exterior and interior shall be kept
in a clean and good condition and all parts of the taxicab and vehicle
for hire shall be in good working order and in safe condition, as
evidenced by the display of a duly issued and valid New York State
inspection certificate.
B.
The taxicab or vehicle for hire shall have a valid New York State
inspection sticker displayed in accordance with the New York State
Vehicle and Traffic Law.
[Amended 9-9-2004 by L.L. No. 5-2004]
C.
Vehicles must be maintained not only in safe operating condition,
as evidenced by the display of the valid New York State inspection
certificate, but they must not be operated with body, fender or bumper
damage, inoperable seat belts or torn passenger upholstery.
D.
The Parking Authority is authorized to establish such additional
rules and regulations as are necessary to ensure the condition of
fitness for operation and use of taxicabs and vehicles-for-hire, and
it shall establish the form of certificate to be issued therefor.
[Amended 9-9-2004 by L.L. No. 5-2004]
All taxicabs shall be clearly identified or marked on the exteriors
as follows:
A.
The name of the company, owner or operator and telephone number in
three-inch minimum and six-inch maximum lettering or an approved decal
on each front door.
B.
Identifying numerals four inches high on the center of the rear trunk
deck so as to be legible from the rear. Any violation of this section
shall be punishable by a fine not to exceed $50.
[Amended 6-22-2006 by L.L. No. 2-2006]
C.
Any violation of this section shall be punishable by a fine not to
exceed $50.
[Added 6-22-2006 by L.L. No. 2-2006]
A.
Each taxicab shall display, at all times, a rate card which shall
contain the name and address of the owner of the taxicab and the number
assigned to said taxicab. The rate card shall also contain a schedule
of fare charges as determined by the Board of Trustees.
B.
Each taxicab and vehicle for hire shall display, at all times, the
driver's license of the driver of the taxicab or vehicle for
hire issued by the Village containing a photograph of the driver with
the driver's name, date of birth, description of driver, motorist
identification number and Nyack driver's license number as assigned.
C.
The required card or cards shall be placed on the dashboard inside
said taxicab or vehicle for hire and shall be illuminated after sundown,
so that they are clearly readable from the rear seat by the passenger.
D.
FOR COMPLAINTS
A notice shall be placed in each taxicab or vehicle for hire attached
to the dashboard, as well as to the rear of the front seat, which
shall read as follows:
If a passenger has any complaint regarding the operation
of the vehicle or the conduct of the driver, call the Village of Nyack
at (845) _____, giving the name of the owner, the number of the taxicab
or vehicle for hire, and the substance of the complaint, together
with the complainant's name, address and telephone number.
[Amended 9-9-2004 by L.L. No. 5-2004]
E.
Each taxicab shall have displayed on the rear doors thereof the following:
"VILLAGE OF NYACK MAXIMUM RATE — $3." Any violation of this
section shall be punishable by a fine not to exceed $150.
[Amended 6-22-2006 by L.L. No. 2-2006; 5-14-2009 by L.L. No. 2-2009]
A taxicab or vehicle-for-hire operating license shall issue
as of January 1 and shall expire on the last day of December next
succeeding, unless sooner suspended.
A.
A taxicab operating license or vehicle-for-hire operating license
may be suspended or revoked by the Parking Authority for good and
proper reasons following citation and a hearing to be held not less
than 30 days following citation, and upon at least five days'
written notice to the licensee. Such hearing shall be held before
a majority of the Parking Authority Board, and the licensee shall
be afforded an opportunity to be heard and to present evidence on
his behalf.
[Amended 9-9-2004 by L.L. No. 5-2004]
B.
A taxicab operating license or vehicle-for-hire operating license
may be suspended or revoked by the Authority after a hearing if it
is found that the vehicle licensed as a taxicab or vehicle for hire
has been used:
(1)
For an immoral or illegal purpose or business;
(2)
For a violation of a Village ordinance, local law or resolution or
any state or federal law;
(3)
Where the owner knowingly failed to provide safe transportation to
any passenger using the taxicab or vehicle for hire; or
(4)
While charging excessive fares.
No person shall drive nor shall any person permit a taxicab
or vehicle for hire to be driven on the streets of the Village, unless
a driver thereof has been duly licensed and unless there is in full
force and effect a Village taxicab driver's license to drive
such taxicab.
[Amended 5-12-2005 by L.L. No. 3-2005]
The fee for a taxicab driver's license and renewal thereof
shall be $50. No license fee shall be prorated. No license fee shall
be charged for owners of duly licensed taxicabs or vehicles for hire
and for stockholders of corporations licensed to operate taxicabs
and vehicles for hire in the Village, unless they drive such motor
vehicles.
A.
An application for a Village taxicab driver's license shall
be made to the Parking Authority on forms designated by the Authority.
No license shall be issued or renewed unless it appears from said
application and from any investigation that the applicant:
(1)
Has been issued and currently maintains a valid New York State chauffeur's
license.
(2)
Is of sound mind and body and of good health and eyesight and is
not subject to any physical or emotional disability which might render
him unfit for safe operation of the taxicab.
(3)
Has not been convicted of a crime, misdemeanor or any moving traffic
violation within the previous three years which is indicative of unsafe
driving habits.
(4)
Applicants shall provide the Parking Authority with a certified copy
of the applicant's driving abstract from the Department of Motor
Vehicles dated within 60 days of the date of the application, and
such other information and the payment of such other fees as the Parking
Authority, Village Clerk, or Chief of Police may deem necessary for
the safety and convenience of the public, including but not limited
to any forms or application authorizing a background screening of
the applicant.
[Added 9-9-2004 by L.L. No. 5-2004]
B.
Any person denied a driver's license by the Parking Authority
may appeal said determination to the Board of Trustees within 30 days
after receiving written notification thereof. The Village Board may
grant a license if it finds that the applicant has met the standards
of this chapter or that the provisions of this chapter should be waived
because of undue hardship, and that the safety of the public will
not be diminished thereby.
Upon satisfactory fulfillment of the requirements set forth in §§ 310-18 and 310-19, there shall be issued to the applicant a license which shall be in such form as to contain the signature of the licensee and blank spaces for such additional information as the Authority may require in the interest of the public's safety and convenience. Each license shall be stamped by the Seal of the Village. 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.
A Village taxicab driver's license shall be valid until
the end of the calendar year issued, unless sooner suspended or revoked.
Such license may be renewed annually.
[Amended 9-9-2004 by L.L. No. 5-2004]
A.
A taxicab driver's license may be suspended by the Parking Authority,
or any person so designated, until the next regular meeting of the
Authority, at which time such Board shall review and determine the
question of revocation, suspension or return of the license.
B.
A taxicab driver's license may be suspended or revoked by the
Authority if it is found by the Authority, after a hearing to be held
not less than 30 days following citation, and upon at least five days'
written notice to the licensee, that the licensee:
(1)
Operated a taxicab for an immoral or illegal purpose of business;
(2)
Operated a taxicab for a violation of any Village ordinance, local
law or resolution or any state or federal law;
(3)
Knowingly failed to provide safe transportation to any passenger
using the taxicab;
(4)
Charged excessive fares; or
(5)
Has been convicted of a traffic violation or offense indicative of
unsafe driving.
C.
Such hearing shall be held before a majority of the Parking Authority
Board, and the licensee shall be afforded an opportunity to be heard
and to present evidence on his behalf.
A.
Any taxicab driver's license issued pursuant to this chapter
shall be carried by a licensee at all times when such licensee is
operating or in charge of any taxicab.
B.
Any person licensed as a taxicab driver who defaces, removes or obliterates
any official entry upon his license, shall be punished by a fine,
and/or suspension of his license, and such altered license shall be
immediately confiscated by the Parking Authority or by the Orangetown
Police Department.
[Amended 9-9-2004 by L.L. No. 5-2004]
Whenever a license or permit issued pursuant to the provisions
of this chapter shall be lost, stolen or destroyed, without fault
on the part of the holder, his agent or employee, a duplicate in lieu
thereof under the original application may be issued upon the filing
of a sworn affidavit containing the facts of such loss or theft, together
with a payment in the sum of $25.
[Amended 9-9-2004 by L.L. No. 5-2004]
A license issued hereunder shall not be assignable or transferable
to any other person nor be applicable to any motor vehicle other than
the one specified therein. Any licensee who permits his license to
be used by any other person, and any person who uses such license
granted or given to any other person, shall be guilty of a violation
of this chapter and subject to revocation of all licenses and permits.
No taxicab or vehicle-for-hire driver may refuse to provide
service to any person who calls the operator to request service, nor
may the driver refuse to provide service to any person who calls the
operator to request service for transportation from the Village of
Nyack to any point within the County of Rockland.
A.
A taxicab may discharge a passenger on any street in the Village
when directed to do so by a passenger, provided that such taxicab
pulls into the curb and does not block traffic. At no time shall a
taxicab stop in the main traffic lane to discharge passengers.
B.
Every owner, driver or his representative shall remain inside the
taxicab or visibly within the vicinity of the vehicle when said taxicab
is parked at a designated taxicab stand, except that, when necessary,
a driver may be absent from his taxicab for no more than 10 consecutive
minutes for personal reasons. Nothing herein contained shall prohibit
a driver from alighting to the street or sidewalk for the purpose
of assisting passengers into or out of the vehicle.
A trip record shall be kept by each licensed taxicab driver
showing time dispatched, destination, time of arrival at destination,
number and sex of passengers and total fare. Such trip record shall
be submitted to the Authority or to the Orangetown or Clarkstown Police
upon request.
No driver shall permit more persons to be carried in a taxicab
or vehicle for hire as passengers than the rated seating capacity
of said vehicle as stated in the license for such vehicle.
A.
Establishment. The Board of Trustees hereby delegates to the Parking
Authority (subject to approval by the Board of Trustees by resolution)
the power to establish maximum rates of fare or charges for transportation
or conveyance of passengers, carrying of baggage or bulky items, waiting
time and taxicab rental, which rates shall be prominently displayed
as provided heretofore.
B.
Enforcement. For the purposes of enforcing and effectuating such
fare charging, the Parking Authority may require and/or subpoena the
books and records of any taxicab owner or operator to be examined
by its duly designated agent, who shall report thereon to the Authority,
which shall take such action thereon as may be appropriate in the
public interest.
No greater fare or charges shall be made than as follows:
A.
Passengers.
(1)
For one person riding from any point in the Village or to any destination
within the Village: $3.
(2)
For two or more persons being conveyed from the same point within
the Village to the same destination within the Village: $3 for the
first person and $0.50 for each additional person.
(4)
An additional charge of $1 may be added to any fare for each stop
under five minutes requested by the passenger.
(5)
No person shall be required to pay for any trip in advance, except
for trips in excess of 10 miles and for fares picked up between the
hours of 12:00 midnight and 6:00 a.m.
[Amended 9-9-2004 by L.L. No. 5-2004]
A.
An appearance ticket, or simplified traffic information as defined
in Article 100 of the Criminal Procedure Law of the State of New York,
shall be issued for a violation of any section of this chapter and
shall be returnable before a Justice of the Village of Nyack Justice
Court. Appearance tickets, or simplified traffic informations, may
be issued by employees of the Village of Nyack or of the Nyack Parking
Authority, members of the Orangetown and Clarkstown Police Departments
and members of the Rockland County Sheriff's Department.
B.
A conviction for a violation of any section of this chapter shall
constitute a traffic infraction, and the penalty shall not exceed
a $1,000 fine for each section violated, and/or 15 days in jail for
each section violated, and/or suspension or revocation of the Village
taxicab driver's license or vehicle-for-hire operating license.
The Village of Nyack Parking Authority may prohibit, by resolution
of the Parking Authority Board subject to approval of the Board of
Trustees, the use of metered spaces by taxicabs and/or other vehicles
for hire; provided, however, that the Parking Authority shall designate
sufficient nonmetered parking for taxicabs and/or other vehicles for
hire upon the adoption of such regulation(s) prohibiting the use of
metered spaces.
[Added 9-9-2004 by L.L. No. 5-2004]
If any section of this chapter conflicts with any state law,
the provisions of this chapter are intended to supersede same to the
maximum extent permitted by law.
