[HISTORY: Adopted by the Board of Trustees of the Village of Cedarhurst: Art. I, 6-14-1976 as L.L. No. 5-1976; Art. II, 2-1-1993 as L.L. No. 1-1993. Amendments noted where applicable.]
Licenses and permits — See Ch. 166.
[Adopted 6-14-1976 as L.L. No. 5-1976]
No person shall operate or permit a taxicab owned or controlled by him or her to be operated as a vehicle for hire upon the streets of the Village of Cedarhurst without having first obtained a certificate of public convenience and necessity from the Board of Trustees.
An application for a certificate shall be filed with the Village Clerk-Treasurer upon forms provided by the Village of Cedarhurst; and said application shall be verified under oath and shall furnish the following information:
The name and address of the applicant.
The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to said judgment.
The experience of the applicant in the transportation of passengers.
Any facts which the applicant believes tends to prove that public convenience and necessity require the granting of a certificate.
Such further information as the Village Clerk-Treasurer may require.
No certificate of public convenience and of necessity shall be issued to any person, company or corporation which already has one certificate of public convenience and necessity.
Ownership of any stock in a corporation which has issued to it a certificate of public convenience and necessity shall be considered as holding a certificate of public convenience and necessity.
No person shall have issued to him or her a certificate of public convenience and necessity unless he or she shall also have issued to him or her previously or simultaneously an existing valid taxi cab driver's license pursuant to this section.
In the event that an application is made by a corporation, the applicant must confirm and/or verify that there is only one shareholder of said corporation (including where shares may be held by a husband and wife, they shall be considered as one shareholder for purposes of this section) and said shareholder shall have issued to him or her previously or simultaneously an existing valid taxi cab driver's license pursuant to this article.
[Added 7-10-1990 by L.L. No. 5-1990]
In the event that a corporation shall apply for and be granted a certificate of public convenience and necessity, then any such corporation shall, in addition to any other requirements of this chapter, shall be required to submit a certified copy of its corporate resolution which authorizes such application and, further, shall annually submit a certificate of good standing as issued by the Secretary of State.
[Amended 7-10-1990 by L.L. No. 5-1990]
If the Board of Trustees finds that further taxicab service in the Village of Cedarhurst is required by the public convenience and necessity and that the applicant is fit, willing and able to perform such public transportation and to conform to the provisions of this article and the rules promulgated by the Village of Cedarhurst, then the Board of Trustees shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under said certificate and the date of issuance; otherwise, the application shall be denied.
In making the above findings, the Board of Trustees shall take into consideration the number of taxicabs in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions, and the character, experience and responsibility of the applicant.
[Amended 7-10-1990 by L.L. No. 5-1990]
No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect an indemnity bond for each vehicle authorized in the amount of $25,000 for bodily injury to any one person; in the amount of $50,000 for injuries to more than one person which are sustained in the same accident and $25,000 for property damage resulting from any one accident. Said bond or bonds shall inure to the benefit of any person who shall be injured or who shall sustain damage to property proximately caused by the negligence of a holder, his or her servants or agents. Said bond or bonds shall be filed in the office of the Village Clerk-Treasurer and shall have as surety thereon a surety company authorized to do business in the State of New York.
The Board of Trustees may, in its discretion, allow the holder to file, in lieu of bond or bonds, a liability insurance policy issued by an insurance company authorized to do business in the State of New York. Said policy shall conform to the provisions of this article relating to bonds.
[Amended 3-5-1979 by L.L. No. 11-1979]
No certificate shall be issued or continued in operation unless the holder thereof has paid an annual license fee for the right to engage in the taxicab business and a fee each year for each vehicle operated under a certificate of public convenience and necessity. Said license fees shall be set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting.
No certificate of public convenience and necessity may be mortgaged or transferred.
A certificate issued under the provisions of this chapter may be revoked or suspended by the Board of Trustees if the holder thereof has violated any of the provisions of this chapter, discontinued operations for more than 90 days or has violated any ordinances of the Village of Cedarhurst or the laws of the United States or the State of New York, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard.
No person shall operate a taxicab for hire upon the streets of the Village of Cedarhurst, and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the Village of Cedarhurst shall be so driven at any time for hire, unless the driver of said taxicab shall have first obtained and shall have then in force a taxicab driver's license issued under the provisions of this article.
An application for a taxicab driver's license shall be filed with the Clerk-Treasurer of the village on forms provided by the village, and such application shall be verified under oath and shall contain the following information:
The names and addresses of three residents of the Village of Cedarhurst who have known the applicant for a period of five years and who will vouch for the sobriety, honesty and general good character of the applicant.
The experience of the applicant in the transportation of passengers.
The educational background of the applicant.
A concise history of his employment.
Each application shall be accompanied by a certificate from a reputable physician certifying that, in his or her opinion, the applicant is not inflicted with any disease or infirmity which might make him or her an unsafe or unsatisfactory driver. At the time the application is filed, the applicant shall pay to the Clerk-Treasurer's office the fee set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting. A list of fees shall be continuously posted in the Village Hall.
[Amended 3-5-1979 by L.L. No. 12-1979]
Before any application is finally passed upon by the Board of Trustees, the applicant shall be required to pass a satisfactory examination as to his or her knowledge of the area and to show that he or she has a current motor vehicle operator's license issued by the State of New York.
All applicants for a taxicab driver's license shall be required to submit to an investigation of such applicant's traffic and police record, as follows:
[Amended 4-19-1993 by L.L. No. 6-1993]
Each applicant shall obtain a copy of his or her driving record from the Department of Motor Vehicles and a duly certified copy thereof shall be attached to the application for taxicab driver's license; and, in addition thereto, upon request of the Village Clerk-Treasurer, Mayor, Village Attorney or the person designated as Taxi Commissioner by the Mayor, each applicant shall submit a completed fingerprint card, completed by the Police Department, and all appropriate processing fees for identification processing and/or a copy of the applicant's criminal record, as may be required by or as provided by the State of New York Division of Criminal Justice Services.
By submission of such application, fingerprint card and processing fees, each such applicant will have authorized the Village Clerk-Treasurer, Mayor, Village Attorney or the person designated as Taxi Commissioner by the Mayor, to receive, inspect and/or review the applicant's criminal history record in connection with any and all arrests and/or convictions for any and all violations, offenses and/or crimes which may appear upon such records. The Village Clerk-Treasurer, Mayor or the person designated as Taxi Commissioner by the Mayor may deny the applicant a license as a taxicab driver in the Village of Cedarhurst if, in the judgment of said Village Clerk-Treasurer, Mayor or the person designated as Taxi Commissioner by the Mayor, any information contained therein shall demonstrate and/or indicate to the Village Clerk-Treasurer, Mayor or the person designated as Taxi Commissioner by the Mayor that such licensing of the applicant is inappropriate and may endanger the public with whom such applicant may come in contact as part of his or her duties and/or employment as such taxicab driver.
[Amended 11-1-1993 by L.L. No. 11-1993]
The Police Department shall conduct an investigation of each applicant for a taxicab driver's license, and a report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideration of the Board of Trustees.
The Board of Trustees shall, upon consideration of the application and the reports and certificate required to be attached thereto, approve or reject the application. If the application is rejected, the applicant may request a personal appearance before the Board to offer evidence why his or her application should be reconsidered.
Upon approval of an application for a taxicab driver's license, the Clerk-Treasurer shall issue a license to the applicant which shall bear the name, address, color, age, signature and photograph of the applicant.
Such license shall be in effect for the remainder of the fiscal year. A license for every fiscal year, commencing June 1 thereafter, shall be issued upon the payment of a fee as set by the Board of Trustees by resolution of a majority vote of its members present at a Board meeting, unless the license for the preceding year has been revoked.
[Amended 10-15-1976 by L.L. No. 9-1976 ]
Every driver licensed under this article shall post his or her driver's license in such a place as to be in full view of all passengers while such driver is operating a taxicab.
The Board of Trustees is hereby given the authority to suspend any driver's license issued under this ordinance for a driver's failing or refusing to comply with the provisions of this article, such suspension to last for a period of not more than 90 days. The Board of Trustees is also given authority to revoke any driver's license for failure to comply with the provisions of this article. However, a license may not be revoked unless the driver has received notice and has had an opportunity to present evidence in his or her behalf. The Board of Trustees shall further have the right to suspend or revoke any driver's license, for a period not exceeding 90 days, pending a revocation hearing and decision or determination of such a revocation hearing.
Every driver licensed under this article shall comply with all city, state and federal laws. Failure to do so will justify the Board of Trustees suspending or revoking a license.
Vehicles must be licensed. Prior to the use and operation of any vehicle under the provisions of this article, said vehicle shall be thoroughly examined and inspected by the Taxi Commissioner or his or her designee and found to comply with such reasonable rules and regulations as may be prescribed by the Board of Trustees. These rules and regulations shall be promulgated to provide safe transportation and shall specify such safety equipment and/or any physical conditions, notifications, etc., as may be required by the Taxi Commissioner.
Vehicles must be kept in a clean and sanitary condition.
Every vehicle operating under this article shall be kept in a clean and sanitary condition according to rules and regulations promulgated by the Board of Trustees.
[Amended 6-19-1978 by L.L. No. 14-1978]
Each taxicab shall bear on the outside of each rear door, in painted letters not less than two inches nor more than three inches in height, the name of the owner and, in addition, may bear an identifying design approved by the village. Each taxicab shall have a roof light identifying the vehicle as a Cedarhurst taxicab, and it shall be illuminated from dusk to dawn while the cab is in public service.
All taxicabs shall be equipped with a two-way radio and shall keep in touch at all time with their central call station.
No owner or driver of a taxicab shall charge a greater sum for the use of a taxicab than in accordance with the permitted rates of the Village of Cedarhurst. Every taxicab operated under this article shall have a rate card setting forth the authorized rates of fare displayed in such a place as to be in view of all passengers.
Any proposed change in the rates of fare shall be effective until submitted to and approved by the Board of Trustees. Any proposed change in the rates of fare imposed without such prior approval by the Board of Trustees shall be null and void and shall be deemed a violation of the terms and provisions of this chapter.
All persons engaged in the taxicab business in the Village of Cedarhurst operating under the provisions of this article shall render an overall service to the public desiring to use taxicabs. Holders of certificates of public convenience and necessity shall maintain a central place of business and keep the same open 24 hours a day for the purpose of receiving calls and dispatching cabs. They shall answer all calls received by them for services inside the corporate limits of Cedarhurst as soon as they can do, and if said services cannot be rendered within a reasonable time, they shall then notify the prospective passengers how long it will be before said call can be answered and give the reason therefor. Any holder who shall refuse to accept a call anywhere in the corporate limits of Cedarhurst at any time when such holder has available cabs; or who shall fail or refuse to give overall service shall be deemed a violator of this article and the certificate granted to such holder shall be revoked at the discretion of the Board of Trustees.
[Amended 10-5-1976 by L.L. No. 10-1976; 6-19-1978 by L.L. No. 15-1978]
Daily manifests or dispatches records shall be maintained upon which are recorded all trips made each day, showing time and place of origin, destination of each trip and the amount of fare. All such completed manifests shall be returned to the owner by the driver at the conclusion of his or her tour of duty. The forms for each manifest shall be furnished to the driver by the owner and shall be of a character approved by the Clerk-Treasurer of the Village.
These manifests or dispatches records are to be preserved by every holder of a certificate of public convenience or a person designated by them jointly in a safe place for at least a fiscal year next succeeding the current fiscal year, and said manifests shall be available to the Village of Cedarhurst. The certificate holders, singly and collectively, will be responsible for the preservation of these records as here described.
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in accordance with Chapter 1, Article III, General Penalty.
The driver of any taxicab shall, upon demand by the passenger, render to such passenger a receipt for the amount charged.
It shall be unlawful for any person to refuse to pay the legal fare of any of the vehicles mentioned in this article after having hired the same, and it shall be unlawful for any person to hire any vehicle herein defined with intent to defraud the person from whom it is hired of the value of such service.
No driver shall solicit passengers for a taxicab.
Drivers of taxicabs shall not receive or discharge passengers in the roadway, but shall pull up to the right-hand sidewalk as nearly as possible or, in the absence of a sidewalk, to the extreme right hand side of the road and there receive or discharge passengers, except upon one-way streets, where passengers may be discharged at either the right or left-hand sidewalk or side of the roadway in the absence of a sidewalk.
No driver shall cruise in search of passengers.
No driver shall permit more persons to be carried in a taxicab as passengers than the rated capacity of his taxicab as stated in the license for said vehicle.
No driver shall refuse or neglect to convey any orderly person or persons, upon request, unless previously engaged or unable or forbidden by the provisions of this article to do so.
[Adopted 2-1-1993 as L.L. No. 1-1993]
It is hereby declared and found that licensing and controls are required as a matter of public safety with respect to vehicles for hire such as a taxicab, a livery, a coach, a limousine, a van and/or a wheelchair-accessible van, pursuant to the requirements of the Vehicle and Traffic Law of the State of New York and amendments enacted to §§ 509 and 510 in Chapter 605 of 1992, and in particular new Subdivision 2-a of § 510, which provides mandatory license and registration suspension and/or revocation for violations of a local law.
It shall be unlawful and prohibited to knowingly operate, offer to operate or permit the operation for hire within the Village of Cedarhurst of any vehicle as a taxicab, a livery (as defined in § 12l-e of the Vehicle and Traffic Law), a coach, a limousine, a van or a wheelchair-accessible van without first obtaining a license from the appropriate licensing authority and/or without for-hire insurance from the appropriate insurance agency.
Upon the request of any law enforcement officer of the State of New York and/or the Village of Cedarhurst who may be empowered to issue a summons and/or an appearance ticket and/or uniform traffic information, the operator of any vehicle for hire shall produce proof and/or verification of licensing and/or insurance as required pursuant to this article and/or the Vehicle and Traffic Law. Failure to produce such proof and/or verification upon request shall be prima facie evidence of being unlicensed and/or uninsured as required by this article and/or the Vehicle and Traffic Law, including but not limited to § 509 and/or § 510 thereof.
No alcoholic beverages of any kind may be possessed nor consumed by any person operating a taxicab while on duty. In addition, no alcoholic beverages of any kind may be located at any office nor at any dispatching station and shall not be consumed by any taxicab owner/driver nor relief driver at such premises, while either on- or off-duty. Any violation of this section shall, in addition to any other penalties specified in this chapter, be cause for immediate suspension and/or revocation of such owner's certificate of public convenience and necessity as well as such owner/driver's and/or relief driver's license, as well as § 232-16 of Article I hereof.
Any person violating any of the provisions of this article shall be guilty of an infraction punishable in accordance with Chapter 1, Article III, General Penalty, in addition to any fines, suspensions and/or revocations imposed by the said Vehicle and Traffic Law of the State of New York.