[HISTORY: Adopted by the Board of Supervisors
of the Village of Port Jefferson as Ch. 70 of the 1970 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Vehicles and trafficย โย See Ch. 245.
Unless the language context indicates that a
different meaning is intended, the following words shall be given
the meanings hereinafter ascribed to them:
Any individual who is engaged in driving a motor vehicle.
Every individual, partnership, association, corporation,
joint-stock association, including any receiver, trustee or assignee
thereof, owning, controlling or managing one or more taxicabs in the
Incorporated Village of Port Jefferson.
Any motor vehicle for hire, except buses or motor vehicles
operating on a fixed schedule or between fixed terminals or over a
fixed route, and except motor vehicles used by funeral directors or
undertakers to transport deceased persons, or funeral corteges, designed
to carry seven persons or less, including the driver, operated on
call or demand, accepting passengers for transportation, with or without
a taximeter.
A.ย
No person shall engage in the business of operating
a taxicab without the limits of the Incorporated Village of Port Jefferson
without having first obtained a license and unless said license is
in full force and effect.
B.ย
No person shall operate or permit to be operated any
vehicle bearing the words "taxi," "taxicab," "hack" or other designation
of similar import, nor shall any person advertise or hold himself
out as being engaged in the taxicab business, unless he is licensed
pursuant to this chapter.
A.ย
No license shall be issued to any person unless he
is the owner of each taxicab operated in his name.
B.ย
Application for a license shall be made to the Board
of Trustees of the Incorporated Village of Port Jefferson on forms
prescribed by them and shall be sworn to before a notary public by
the person making the application.
C.ย
Every person applying for a license must:
(1)ย
If he is to operate a taxicab, be the holder of a
valid chauffeur's license issued by the State of New York entitling
him to drive a taxicab as a chauffeur or, if he is not to operate
a taxicab, demonstrate that every operator thereof is the holder of
such a license.
(2)ย
Produce a birth certificate evidencing that he is
of the age of at least 21 years.
(3)ย
Produce a certificate from a duly licensed doctor
of medicine dated within 30 days of application to the effect that
applicant is of sound physique with good eyesight and not subject
to epilepsy, vertigo, heart trouble or any other infirmity of body
or mind which might render him unfit for the safe operation of a public
vehicle.
(4)ย
Annex to his application two unmounted, unretouched
photographs of himself of a type and size as approved by the Board
of Trustees, taken within 30 days preceding the filing of his application.
One photograph shall be attached to the license when issued and the
other shall be filed with the application.
(5)ย
Annex to his application impressions of the fingers
of both of his hands, taken under the supervision of the Village Clerk.
Applications with photographs and fingerprint impressions attached
shall be sent forthwith to the Suffolk County Police Department, and
no license shall be issued by the Village Clerk under the provisions
of this chapter until the receipt, in writing, from the Suffolk County
Police Department of a report showing the results of the investigation
and examination of the fingerprint impressions; provided, however,
that a temporary license may be issued pending such investigation,
not to exceed 20 days.
(6)ย
Complete the prescribed application form setting forth,
in addition to such other information as the Board of Trustees may
deem necessary, his full name; residence; places of residence for
five years previous to moving to his present address; age; height,
color of eyes and hair; place of birth; length of time he has resided
at present address; whether a citizen of the United States; places
of previous employment; previous experience, if any, in the taxicab
business; the year, type and make of the motor vehicle or vehicles
to be used in said business; the motor number, state license number,
whether the person applying is married or single; whether he has ever
been arrested or convicted of a felony or misdemeanor; whether he
has been previously licensed as a driver or chauffeur or previously
licensed to engage in the business of operating a taxicab, and, if
so, whether his license has ever been revoked and for what cause;
and the number of the chauffeur's license issued by the State of New
York. If the application is being made by a corporation or association
or joint-stock association, the names and addresses of all officers,
directors, stockholders and members shall be set forth, if made by
a partnership, the names and addresses of all parties shall be set
forth.
[Amended 8-3-2009 by L.L. No. 9-2009]
No license shall be issued unless the taxicab or taxicabs to
be used by the person applying therefor shall have been found to be
in a fit and safe condition, which condition shall be presumptively
shown by the presentation of a current certificate of inspection duly
issued by a person or entity authorized to issue such certificates.
Such certificate of inspection shall not, however, be conclusive against
the Village as to the fit and safe condition of the taxicab or taxicabs
but shall be evidence merely that the owner of the vehicle has had
an inspection made as required by this chapter.
[Amended 8-3-2009 by L.L. No. 9-2009]
A.ย
Upon presentation to the Village of the certificate of inspection
referenced in the preceding section, and upon payment of the fee hereinafter
set forth, a license shall be issued by the Village Clerk to the person
applying therefor for a period of one year following the date thereof.
The license so issued shall contain the official license number of
the taxicab, together with the date of inspection of the same, and
the name of the owner and shall be signed by the Village Treasurer
and countersigned by the Village Clerk. The license card shall be
conspicuously posted in the taxicab for which issued. If a taxicab
shall be disabled, disqualified for service or sold, the Mayor may,
at his discretion, permit the use of a license granted for such taxicab
to be transferred and used for another, provided that such taxicab
and the purchase thereof comply with the provisions of this chapter.
Should the state license number of a taxicab be changed during the
life of the taxicab license, such change and number shall be immediately
reported by the licensee to the Village Clerk.
[Amended 5-9-1973; 6-4-2001 by L.L. No. 10-2001; 8-3-2009 by L.L. No. 9-2009]
The fee for the license provided for in this chapter shall be
the sum of $125 for one year or part thereof for each taxicab used
or permitted to be used in the taxicab business by the person to whom
the license is issued. The licensing fee is not refundable. The Board
of Trustees shall have the right to increase the fee from time to
time, without further amendment to this section. In the event of any
such increase, the amount thereof can be ascertained by inquiry to
the Village Clerk/Administrator.
A license issued pursuant to this chapter may
be suspended at any time for cause by the Mayor if a taxicab shall
be used for immoral or illegal purposes or shall be used in violation
of this chapter or any ordinance or state law respecting the operation
of motor vehicles. Such suspension shall continue until the next meeting
of the Board of Trustees, and at said hearing said license, after
due notice to the person affected and an opportunity afforded to him
to be heard, may be revoked or the suspension vacated and the license
continued.
No transfer of stock or change of stock ownership
which will result in a transfer or change in the control of the corporation
holding a license will be effective to transfer the license unless
a new application pursuant to this chapter is made. No license issued
pursuant to this chapter shall be assignable.
A.ย
The operator of each taxicab shall be the holder of
a valid chauffeur's license issued by the State of New York entitling
him to drive a taxicab as a chauffeur.
B.ย
The operator of each taxicab shall be identified by
a card displayed in full view of the passenger or passengers, containing
the operator's photograph and his name and address in letters of sufficient
size to be read easily.
No operator, unless then engaged or employed,
shall refuse to carry any person who applies to him for carriage and
who is willing to tender him the fare therefor to the place of his
destination, nor shall any operator, having undertaken to convey any
passenger, omit or neglect to do so, provided that such passenger
is in such condition of health, sobriety and cleanliness that his
carriage in such taxicab would not be a violation of any law, ordinance
or rule relating to health and safety, and provided further that the
origin or destination or the immediate approach to said origin or
destination is not impassable or dangerous to pass by reason of conditions
of the road over which the taxicab must necessarily proceed.
A.ย
No taxicab shall carry more persons, including the
operator, than the number designated as its seating capacity by the
manufacturer of such vehicles. A child in arms will not be counted
as a passenger.
B.ย
Whenever any taxicab is occupied by a fare-paying
passenger or by members of the party of a fare-paying passenger, the
operator shall permit no other person to occupy or ride in said taxicab
except at the request or consent of said fare-paying passenger.
C.ย
Each taxicab shall be operated over the most direct
and reasonable route from point of pickup of a passenger or passengers
to the point of destination of such passenger or passengers.
The standing or parking on Main Street (Route
25A) at the same time of more than one taxicab operated and licensed
in the name of any person is hereby prohibited.
[Added 6-11-1992 by L.L. No. 4-1992; amended 1-5-2015 by L.L. No. 1-2015]
Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalties provided in ยงย 1-2 of the Code of the Village of Port Jefferson.