[Amended 12-20-2010 by L.L. No. 19-2010]
[Amended 5-20-2013 by L.L. No. 10-2013]
Not more than one taxi from one company may remain at a taxi
stand located on any street within the City or on City-owned property
to the exclusion of other taxicabs pointed in accordance with the
traffic regulations. No taxicab standing at the head of any such line
shall refuse to carry any orderly person applying for a taxicab who
agrees to pay the proper rate of fare, but this shall not prevent
any person from selecting any taxicab he may desire on the stand,
whether it is at the head of the line or not. As the taxicabs leave
the line with the passengers, those behind shall move up, and any
taxicab seeking a place on the stand shall approach the same only
from the rear of the stand and shall stop as near as possible to the
last taxicab on the stand. No taxicab shall stand within eight feet
of any crosswalk.
No person shall solicit passengers, except the driver of a taxicab,
and then only when within arms' length of his vehicle. No taxicab
while awaiting employment shall stand on any public street unless
at a stand designated in accordance with this chapter.
A.
Within 10 days of passage of this chapter, taxicab owners and/or
operators shall file with the City Clerk rate cards which indicate
a schedule of fees. Such rates and fees shall become the fixed rates
and fees for the individual registrant and shall remain fixed. These
rates and fees shall include zone maps, charges for local fares, waiting
time, running time, charges for additional fare, extra stops in transit
and additional fees for late-hour calls.
B.
Rate cards shall be prominently displayed on the dash of each taxicab
and shall be easily visible to passengers. The rate card shall be
clearly maintained at all times. Any violation of such filings shall
result in suspension of the taxicab license until the next filing,
at which time the Police Chief shall determine whether the license
shall be renewed. Any attempt to circumvent the intent of this chapter
shall be deemed a violation thereof.
C.
The fixed rates and rate cards as established above shall be in effect
for a minimum period of four months. Any amendment to a rate card
must be filed with the Police Chief a minimum of 10 days prior to
the new rates going into effect.
A.
Prepayment. 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 upon request anywhere in the
City unless previously engaged or unable to do so.
B.
Disputed fares. All disputes as to fares shall be determined by the
officer in charge of the police station; failure to comply with such
determination shall subject the party offending to a violation of
this chapter, punishable by a fine not exceeding $250, up to 15 days
in jail, or both. Whenever a passenger asks for a receipt, it shall
be given to him by the 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.
C.
Overcharge. No person shall charge or attempt to charge any passenger
a greater rate of fare than that to which the taxicab is entitled
under the provisions of this chapter.
D.
The failure to operate a taxicab in the taxi business for a ninety-day
period shall be deemed an abandonment, and the license shall be returned.
E.
No person shall be allowed to ride on the seat with the driver except
paying passengers, and any driver who shall permit this may be deprived
of his license. It shall be the duty of all police officers to notify
the Chief of Police of any violation of this provision.
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 to the nearest police
station and deposited with the officer in charge within 24 hours after
the finding thereof.
A.
No person owning or driving a taxicab shall deceive any passenger
who may ride or who may desire to ride in any such vehicle as to his
destination by the shortest route or the lawful price to be charged
for such person, or shall convey such passenger or cause him to be
conveyed to a place other than that directed by him.
B.
Misrepresentation. No person owning or driving a taxicab shall misrepresent
himself or the company for which he works to any passenger who rides
or who may desire to ride in any such vehicle as to the taking of
any person that has previously called or is going to call for another
individual taxi or company, for transportation to a certain destination.
It shall be unlawful for any licensed driver of any taxicab
to misrepresent the name of his employer, or knowingly to receive
or transport any person or persons who intend any unlawful act in
such vehicle during the voyage or at the termination thereof, whether
within such vehicle or not. It shall also be unlawful for any such
driver to solicit or procure or to aid or assist in soliciting or
procuring any person to ride in a licensed taxicab with the intent
to commit any unlawful act therein or at any time during the voyage
or the termination thereof, whether within the vehicle or not. Any
such actions shall be cause for the taxicab driver's license
and/or taxicab license to be revoked as set forth in this chapter.
The provisions of this chapter shall have no application to
taxicabs while in use at funerals, christenings or weddings and other
religious ceremonies.
[Amended 5-20-2013 by L.L. No. 10-2013]
A.
Any driver or taxicab owner violating any of the provisions of this
chapter shall, upon conviction, be guilty of a violation and may have
all licenses granted pursuant to this chapter suspended or revoked,
as determined by the Chief of Police, and shall be held liable for:
B.
The Chief of Police may, in his discretion, temporarily suspend a
license pending the prosecution of the licensee.
[Amended 5-20-2013 by L.L. No. 10-2013]
A.
The City Administrator shall hear and decide appeals from and review
any order, denial, suspension or revocation made by the Chief of Police
or his designated agent with respect to a driver's or taxicab
license as provided for herein.
B.
Request for hearing. Upon the denial of an application, or the suspension
or revocation of a license, the aggrieved party may, within 10 business
days after receiving written notice, file a request, in writing, upon
the City Administrator for review of said decision by the Chief of
Police or his designated agent. Notice of the date, place and time
of the hearing shall be given in writing by mail to the applicant,
directed to the address appearing on the records of the Police Department
for the licensee or applicant. In the event that demand for a hearing
is not made within the prescribed time or in the event that the licensee
or applicant does not timely appear for the hearing, the order of
the Police Chief shall then be final and conclusive.
C.
Hearings. Upon receipt of a request for a hearing as provided above,
the City Administrator shall set a time and place for a hearing. The
aggrieved party shall have the option of whether such hearing shall
be public or private. The hearing shall commence no later than 30
days after the date on which the request was filed. Failure by the
City Administrator to commence a hearing within 30 days shall not
be deemed to constitute approval of such request if good and sufficient
reason exists.
D.
Findings. The aggrieved party shall be given an opportunity to present
evidence why such denial of application, or such suspension or revocation
of the license, shall be sustained, modified or withdrawn. The Chief
of Police or his designated agent may also present evidence. Upon
consideration of the evidence presented, the City Administrator shall
sustain, modify or withdraw the decision of the Chief of Police or
his designated agent. In the event the aggrieved party is not satisfied
with the decision of the City Administrator, such aggrieved party
may file an Article 78 proceeding under the New York Civil Practice
Law and Rules, except that such Article 78 proceeding must be filed
within 30 days of the filing of the City Administrator's decision
with the City Clerk of the City of Beacon and service of the same
upon the aggrieved party.
