Village of Canton, NY Chapter 292 Taxicabs

[HISTORY: Adopted by the Board of Trustees of the Village of Canton 12-18-2000 by L.L. No. 15-2000. Amendments noted where applicable.]

§ 292-1 Definitions.

Unless otherwise expressly stated, whenever used in this chapter, the following words and terms shall have the following meanings:

DRIVER

Any person licensed to operate a taxicab within the Village of Canton.

OWNER

Any person who, as owner of any motor vehicle, causes or permits the same to be used as a taxicab within the Village of Canton.

PERSON

In the case of a taxicab driver, a "person" must be an individual. In the case of a taxicab owner, a "person" shall include any individual, partnership, corporation or other business entity.

STREET

Any public street, highway, road, avenue, alley or place in the Village of Canton.

TAXICAB

Any motor vehicle engaged in the business of carrying persons for hire, whether the same is operated from a street stand or subject to calls from a garage or otherwise operated for hire. Excepted from this definition are ambulances, vehicles subject to the provisions of the Transportation Corporations Law and those used by undertakers in carrying on their business.

TAXICAB STAND

Any place established under the authority of the governing body of the Village of Canton for taxicabs to park while waiting for business.

§ 292-2 License required.

A. No person who is the owner of a motor vehicle shall permit said motor vehicle to be operated as a taxicab within the Village of Canton unless the owner of said motor vehicle shall have obtained and have in force a valid taxicab license issued under the provisions of this chapter.

B. No person shall drive a taxicab or permit any other person to drive a taxicab upon any street within the Village of Canton without such driver having obtained and having in force and effect a taxicab driver's license issued under the provisions of this chapter.

§ 292-3 Application for license.

A. Applications for the issuance or renewal of a taxicab owner's license and a taxicab driver's license shall be made in writing by the applicant, on forms furnished by the Village of Canton as prescribed by the Police Chief.

[Amended 5-21-2012 by L.L. No. 1-2012]

(1) Applications for the issuance or renewal of a taxicab owner's license shall, in addition to any other requirements imposed by law, provide:

(a) The name, age and address of the applicant. In the case of a corporation, the name, age and address of each officer, director and shareholder shall be provided. In the case of a partnership or other business entity, the name, age and address of each partner or member shall be provided.

(b) The present or intended location where the applicant proposes to conduct the taxicab business.

(c) A description of each motor vehicle owned by the applicant which it is proposed will be used as a taxicab (including the vehicle identification number).

(d) Proof of registration (including the state registration number).

(e) Proof of title.

(f) Proof of inspection.

(g) Proof of insurance, together with proof that the Village of Canton is listed with the insurance company as a party to be notified in the event that insurance is canceled.

(h) Proof of compliance with all New York State Department of Transportation rules and regulations applicable to owners of taxicabs and vehicles offered for taxicab service.

(i) A statement of whether or not the applicant has ever been convicted of a felony.

(j) A statement whereby the applicant agrees to notify the Police Chief, in writing, within five calendar days of any change to any of the information required to be provided in the application.

(2) Applications for the issuance or renewal of a taxicab driver's license shall, in addition to any other requirements imposed by law, provide:

(a) The name, age and address of the applicant.

(b) The present or intended location where the applicant proposes to drive the taxicab.

(c) A statement as to whether or not the applicant has ever been convicted of a felony.

(d) A statement listing any traffic infractions or misdemeanors or violations involving the use of a motor vehicle for which the applicant has been convicted during the five years immediately preceding the date of the application.

(e) Proof that the applicant has a valid, unsuspended and unrevoked New York State driver's license.

(f) Proof of insurance coverage and proof that the Village of Canton is listed with the insurance company as a party to be notified in the event that insurance is canceled.

(g) Proof of compliance with all New York State Department of Transportation rules and regulations applicable to drivers of taxicabs and vehicles offered for taxicab service, including, without limitation, required physical examinations.

(h) A statement whereby the applicant agrees to notify the Police Chief, in writing, within five calendar days of any change to any of the information required to be provided in the application.

B. Each license issued pursuant to this chapter shall be issued for a period of one year. No taxicab owner's license or taxicab driver's license shall be issued or renewed without the payment of the annual fee for the issuance or renewal period and without the applicant submitting the completed application required by § 292-3A.

[Amended 2-19-2002 by L.L. No. 1-2002]

C. Annual fee.

[Amended 2-19-2002 by L.L. No. 1-2002]

(1) The annual fee to be charged for a taxicab owner's license, and any modifications to said annual fee from time to time, shall be determined by resolution(s) of the Village Board of Trustees.

(2) The annual fee to be charged for a taxicab driver's license, and any modifications to said annual fee from time to time, shall be determined by resolution(s) of the Village Board of Trustees.

D. Both the owner's license and the driver's license, when issued, shall be affixed in a conspicuous place within the taxicab. A photograph of the holder of the driver's license shall be affixed to or posted with the driver's license and shall depict a full frontal view of the face of the driver's license holder. Such photograph shall be at least 11/2 by 3 inches in size.

§ 292-4 Issuance of license.

A. Taxicab owner's license.

(1) No taxicab owner's license shall be issued to or held by any person who has been convicted of a felony. In the case of a corporation, this provision shall apply to each officer, director and shareholder of the corporation. In the case of a partnership or other business entity, this provision shall apply to each partner or member.

(2) No taxicab owner's license shall be issued to or held by any person for any motor vehicle which is not registered and titled to said person.

(3) No taxicab owner's license shall be issued to or held by any person for any motor vehicle which does not bear a valid certificate or sticker of inspection.

(4) No taxicab owner's license shall be issued to or held by any person for any motor vehicle for which the owner does not have insurance.

(5) No taxicab owner's license shall be issued to or held by any person who has not fully complied with all New York State Department of Transportation rules and regulations applicable to owners of taxicabs and vehicles offered for taxicab service.

(6) A separate license shall be required for each motor vehicle used as a taxicab. A license issued for one motor vehicle may not be transferred to or used for another motor vehicle.

B. Taxicab driver's license.

(1) No taxicab driver's license shall be issued to or held by any person who has been convicted of a felony.

(2) No taxicab driver's license shall be issued to or held by any person who has accumulated, within the past 24 months, eight or more points on his or her driver's license (points as determined by the New York State Department of Motor Vehicles or the state in which the offense was committed).

[Amended 5-21-2012 by L.L. No. 1-2012]

(3) No taxicab driver's license shall be issued to or held by any person who does not have in force and effect a valid New York State driver's license (unsuspended and unrevoked).

(4) No taxicab driver's license shall be issued to or held by any person who does not have in force and effect appropriate insurance coverage.

(5) No taxicab driver's license shall be issued to or held by any person who shall not have fully complied with all New York State Department of Transportation rules and regulations applicable to drivers of taxicabs and vehicles offered for taxicab service.

(6) A taxicab driver's license may not be transferred or used by any person other than the person to whom it was issued.

(7) A person shall be at least 18 years of age in order to receive a taxicab driver's license.

[Added 5-21-2012 by L.L. No. 1-2012]

§ 292-5 Suspension or revocation of license.

A. Any taxicab owner's license issued or renewed pursuant to the provisions of this chapter shall be automatically suspended and subject to revocation, during the period of said license, upon the happening of any of the following occurrences:

(1) The person holding the license is convicted of a felony.

(2) The motor vehicle (which is the subject of the license) ceases to be registered or titled to the person holding the license.

(3) The motor vehicle (which is the subject of the license) ceases to bear a valid certificate or sticker of inspection.

(4) The motor vehicle (which is the subject of the license) ceases to be insured.

(5) The motor vehicle (which is the subject of the license) ceases to meet all requirements imposed by the New York State Department of Transportation rules and regulations applicable to taxicabs and vehicles offered for taxicab service.

B. Any taxicab driver's license issued or renewed pursuant to the provisions of this chapter shall be automatically suspended and subject to revocation upon the happening of any of the following occurrences:

(1) The person holding the license is convicted of a felony.

(2) The person has accumulated, within the past 24 months, eight or more points on his or her driver's license (points as determined by the New York State Department of Motor Vehicles or the state in which the offense was committed).

[Amended 5-21-2012 by L.L. No. 1-2012]

(3) The person holding the license ceases to be insured.

(4) The New York State driver's license of the person holding the license is suspended or revoked.

(5) The person holding the license ceases to meet all requirements imposed by the New York State Department of Transportation rules and regulations applicable to drivers of taxicabs and vehicles offered for taxicab service.

(6) The person ceases to comply with any other requirement necessary for the issuance of a taxicab driver's license under this chapter.

[Added 5-21-2012 by L.L. No. 1-2012]

C. Procedure upon suspension; revocation of license; review.

(1) Notice of suspension.

[Amended 5-21-2012 by L.L. No. 1-2012]

(a) Within five business days of being informed that any of the circumstances described at § 292-5A or B has occurred, the Police Chief shall serve upon the holder of the license a written notice containing the following information:

[1] A description of the license and a statement setting forth the name and address of the license holder, as appears from the records of the Police Chief.

[2] A statement that the license has been suspended and the effective date of the suspension.

[3] A statement of each occurrence upon which the automatic suspension is based.

[4] Where applicable, a statement setting forth the actions which will be required to constitute full compliance with the provisions of this chapter.

[5] Where applicable, a statement that the license holder has a period of 10 business days following service of the notice to submit to the Police Chief proof of full compliance with the provisions of this chapter.

[6] A statement that failure, within a period of 10 business days following service of the notice, to submit to the Police Chief proof of full compliance with the provisions of this chapter shall result in the revocation of the license upon the expiration of said ten-business-day period.

(b) Service of the notice of suspension may be made upon the license holder by certified or registered mail or by any of the means set forth at New York Civil Practice Law and Rules for service of process upon an individual, partnership, corporation, municipality or other entity.

(2) Reinstatement of the license. If the license holder provides, to the satisfaction of the Police Chief, proof of full compliance with the provisions of this chapter within 10 business days following service of the notice of suspension, then the automatic suspension of the license shall be lifted and the license shall be reinstated with full force and effect.

[Amended 5-21-2012 by L.L. No. 1-2012]

(3) Revocation of license.

[Amended 5-21-2012 by L.L. No. 1-2012]

(a) If the license holder fails to provide the Police Chief with proof of full compliance with the provisions of this chapter within 10 business days following service of the notice of suspension, then upon the 11th business day following service of the notice upon the license holder the license shall be revoked.

(b) If the license holder fails to provide the Police Chief with proof of full compliance with the provisions of this chapter within 10 business days following service of the notice of suspension, then the Police Chief shall serve upon the holder of the license a written notice of revocation, containing the following information:

[1] A description of the license and a statement setting forth the name and address of the license holder, as appears from the records of the Police Chief.

[2] A statement that the license has been revoked and the effective date of the revocation.

[3] A statement of each occurrence upon which the revocation is based.

[4] A statement setting forth the license holder's appeal process, as set forth at § 292-5C(4).

(c) Service of the notice of revocation may be made upon the license holder by certified or registered mail or by any of the means set forth at New York Civil Practice Law and Rules for service of process upon an individual, partnership, corporation, municipality or other entity.

(4) Appeal.

(a) Within 10 business days of service of the notice of revocation, the license holder may request a hearing. In order to have a hearing, the request must be in writing and must be received by the Police Chief within 10 business days of the service upon the license holder of the notice of revocation.

[Amended 5-21-2012 by L.L. No. 1-2012]

(b) The hearing shall be conducted by a quorum of the Village Board of Trustees, which shall conduct a hearing upon at least seven calendar days' notice to the license holder.

[1] The only question upon the hearing shall be whether or not the license holder was in full compliance with the provisions of this chapter within 10 business days of the service upon the license holder of the notice of suspension.

[2] The revocation of the license shall be upheld if it is determined that the license holder was not in full compliance with the provisions of this chapter within 10 business days of the service upon the license holder of the notice of suspension.

[3] A decision of the Village Board of Trustees to overrule the Police Chief's revocation of the license shall be upon a vote of the majority plus one of the quorum of the Board then convened for the hearing.

[Amended 5-21-2012 by L.L. No. 1-2012]

(c) The decision of the Board of Trustees shall be reduced to writing and filed with the office of the Village Clerk and Police Chief, and a copy shall be provided to the license holder (and the license holder's attorney, if an attorney has appeared on behalf of the license holder) by certified mail, return receipt requested, or by any of the means set forth at New York Civil Practice Law and Rules for service of process upon an individual, partnership, corporation, municipality or other entity.

[Amended 5-21-2012 by L.L. No. 1-2012]

(d) The license holder may appeal the determination of the Board of Trustees directly to the Supreme Court of the State of New York pursuant to Article 78 of the Civil Practice Law and Rules. Any appeal must be commenced within 30 calendar days of the filing of the Board's determination with the Police Chief. Such a proceeding shall not stay further action pursuant to this chapter unless the court so orders.

[Amended 5-21-2012 by L.L. No. 1-2012]

(5) The Board of Trustees may extend the time limitations set forth in this section, upon its own motion or upon the request of the license holder or any other interested party. Such extension shall be by resolution of the Board. The extension of the time limitation in a particular case shall not operate as an extension of the affected time limitation in other cases.

§ 292-6 Restrictions on operation.

A. No person shall park a taxicab upon any street in the Village of Canton for the purpose of soliciting fares, except at a designated taxicab stand.

B. No taxicab driver shall interfere with any other taxicab driver or vehicle when such driver is soliciting a fare at a designated taxicab stand.

C. No person shall solicit fares by cruising the streets of the Village of Canton.

§ 292-7 Rates.

A. The Board of Trustees shall establish by resolution (which may be amended from time to time) a schedule of maximum rates that shall govern any person owning, operating or controlling any motor vehicle for hire or reward as a taxicab in the Village of Canton.

B. No person shall charge or demand any taxicab fare in excess of the rates specified by resolution of the Village Board of Trustees.

§ 292-8 Penalties for offenses.

Any person violating any provision of this chapter shall be subject to a fine or penalty not exceeding $500 or to imprisonment for a term not to exceed 15 days, or both, for each and every offense.