[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.]
GENERAL REFERENCES
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:
A.
The name and address of the applicant.
B.
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.
C.
The experience of the applicant in the transportation
of passengers.
D.
Any facts which the applicant believes tends to prove
that public convenience and necessity require the granting of a certificate.
E.
Such further information as the Village Clerk-Treasurer
may require.
A.
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.
B.
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.
C.
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.
D.
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]
E.
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.[1]
[Amended 7-10-1990 by L.L. No. 5-1990]
A.
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.
B.
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]
A.
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.
B.
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.[1]
[1]
Editor's Note: The fee schedule is on file in the village offices.
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.
A.
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:
(1)
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.
(2)
The experience of the applicant in the transportation
of passengers.
(3)
The educational background of the applicant.
(4)
A concise history of his employment.
B.
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.
A.
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]
(1)
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.[1]
(2)
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]
B.
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.
A.
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.
B.
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,[1] unless the license for the preceding year has been revoked.
[Amended 10-15-1976 by L.L. No. 9-1976[2] ]
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.
A.
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.[1]
B.
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.
A.
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.
B.
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.[1]
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]
A.
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.
B.
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.
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.
