A.
It shall be unlawful for any person to own and operate a taxicab,
private livery car, private livery van or limousine business that
is not duly licensed under the provisions of this article.
Applications for a taxicab and/or livery license shall be made,
in writing, by the owner upon forms furnished by the City Clerk. Such
application shall contain:
A.
Personal history: the name and address of the owner and, in the event
that the owner is a partnership or operating under a business name,
attaching to the application a certified copy of the certificate of
partnership or business name filed with the Otsego County Clerk's
office and, in the event that the owner is a corporation, furnishing
the names and addresses of all the corporate officers. Any certificates
pertaining to an assumed business name must be provided to, and brought
to the attention of, the Office of the City Clerk when operating a
company or licensing specific vehicles under the assumed name.
B.
Office location and hours of operation including and responsible
person to answer calls. The owner must inform the City Clerk of his/her
permanent office location and the telephone number for the same. The
owner shall also notify the City Clerk who is responsible for receiving
and dispatching calls for service while the vehicles are operating.
C.
Vehicle information. The number of taxicabs, private livery cars,
private livery vans or limousines for which the license application
is made, stating the make, type, year of manufacture, vehicle identification
number, passenger seating capacity, a copy of the certificate of insurance
for each taxicab, private livery car, private livery van or limousine
and verification of registration for use as a taxicab, private livery
car, private livery van or limousine by the New York State Department
of Motor Vehicles.
D.
Vehicles must be registered and insured under the same name.
E.
Previous licenses: whether the applicant is or has previously been
assigned a taxicab and/or livery license and, if so, in what jurisdiction
and the status of the previous license. Documentation demonstrating
the proof of licensure and contact information for the appropriate
jurisdiction must be provided.
F.
Previous suspensions/revocations: whether the applicant currently
holds or was the former holder of a taxicab and/or livery license
which has been revoked or suspended and, if so, for what cause.
G.
Convictions of a crime or traffic offense: whether the applicant
has been convicted of a crime or any traffic offense and specifically
listing the particulars of each offense.
H.
Defendant in pending criminal case: whether the applicant is a defendant
in any pending criminal action and the court where the action is pending.
A.
Issuance; fee.
(1)
Application for a taxicab company owner's license shall be made,
in writing, on forms supplied by the City Clerk to the applicant.
Such application shall be accompanied by the nonrefundable application
fee payment of the license fee set by resolution from time to time
by the Common Council of the City of Oneonta and a medallion fee set
by resolution from time to time by the Common Council of the City
of Oneonta for each vehicle used as a taxicab.
(2)
Application for a livery company owner's license shall be made,
in writing, on forms supplied by the City Clerk to the applicant.
Such application shall be accompanied by the nonrefundable application
fee payment of the license fee set by resolution from time to time
by the Common Council of the City of Oneonta and a medallion fee set
by resolution from time to time by the Common Council of the City
of Oneonta for each vehicle used as a livery vehicle.
(3)
Furthermore, said license applications should be submitted to the City Clerk's office at least 10 days prior to the expiration on December 31 to allow full and proper review of submitted materials. If said application is not submitted within the stated time period, the City Clerk shall not be required to approve said application by December 31 and may invoke the privileges identified in Subsection B below. Any application received after the December 31 deadline is subject to an administrative fee as set from time to time by Common Council.
B.
Term. Each license shall be issued for the calendar year only and
shall expire on December 31 of each year. If said license is not renewed
by December 31 of each calendar year, accompanied by any and all required
information and submissions, the taxicab and/or livery license shall
be deemed invalid. The Police Chief, or his designee, shall be directed
by the City Clerk to instruct the owner to cease any and all operations
until said license fee and required attachments are submitted to the
City Clerk and the license is issued. The City Clerk must then notify
the Police Chief that all requirements have been met before operations
may resume.
In the event that the owner of any such taxicab and/or livery service licensed under this article shall dispose of such taxicab, private livery car, private livery van or limousine and shall wish to transfer said license to another taxicab, private livery car, private livery van or limousine, he/she shall make application for such transfer to the City Clerk, shall comply with all conditions precedent to the issuance of an original license under this article and shall pay to the City Clerk a transfer fee which shall be set by resolution from time to time by the Common Council of the City of Oneonta. When the City Clerk is satisfied that all conditions have been met, the City Clerk shall issue a new license for such taxicab, private livery car, private livery van or limousine. When such owner has made an application hereunder, and has otherwise complied with the provisions of this article, he/she may operate such taxicab, private livery car, private livery van or limousine for a period not exceeding three weeks prior to the issuance of a new license, without being liable to the penalties imposed by this chapter, unless such application is sooner rejected and subject to the provisions of § 272-7.
The City Clerk shall keep a register of the name of each person
owning or operating a taxicab, private livery car, private livery
van or limousine licensed under this article, together with the license
number and the description and make of such vehicle, with the date
and complete records of inspections made of it. Such records shall
be open to the inspection of the public at all times.
A.
It shall be unlawful for any person to operate a taxicab and/or livery
company within the City unless said company is covered by a liability
insurance policy for the protection of passengers in an amount to
be determined by the owner's insurance carrier. Proof of insurance
shall be required for all vehicles operating as a taxicab, private
livery car, private livery van or limousine and shall be filed with
the City Clerk before the taxicab and/or livery license is issued.
B.
It shall be unlawful for any person to operate or permit the operation
of a taxicab, private livery car, private livery van or limousine
within the City unless all persons employed or subcontracted to drive
for each respective owner, and who are not the owner/operator, shall
be covered on the owner's liability insurance policy for the
protection of passengers in an amount to be determined by the owner's
insurance carrier and as per all applicable and appropriate New York
State regulations.
C.
It shall be unlawful for any person to operate or permit the operation
of a taxicab, private livery car, private livery van or limousine
within the City unless all persons employed or subcontracted to drive
for each respective owner, and who are not the owner/operator, shall
be covered on the owner's workers' compensation policy for
the protection of the drivers in an amount to be determined by the
owner's insurance carrier and as per all applicable and appropriate
New York State regulations.
D.
Change of vehicles. Whenever any vehicle is replaced by another vehicle, before the new vehicle shall be operated as a taxicab, private livery car, private livery van or limousine, proof of insurance and plate receipts/registration documents as required by Subsection A of this section shall be submitted to the City Clerk.
A.
Vehicle regulations; exterior.
(1)
Any violation of the following sections of the Oneonta Municipal
Code is subject to a fine as set by the City of Oneonta Court, and/or
an administrative fee, and/or suspension or revocation of the owner's
taxicab or livery license.
(2)
General requirements. All vehicles shall have in good working order
headlights, taillights, brake lights, directional signal lights, windshield,
windshield wipers, backup lights, defrosters (front and rear) and
horn, all other vehicle glass, a minimum of four doors, door locks,
trunk lid, trunk hood, splash shields, bumpers and fenders. Body and
tires shall be maintained in a clean condition and in good working
order. There shall be no tears, holes or large rust spots in the vehicle
body and no loose pieces, such as fenders, bumpers or trim, hanging
from the vehicle body as shown by the pre-trip inspection.
(3)
Printed lettering. It shall be required that all taxicabs and livery
vehicles have printed lettering on both the left and right front doors,
at least four inches high, in a color contrasting to that of the taxicab
or livery vehicles, setting forth the name of the person owning or
dispatching the taxicab or livery vehicle. The taxicab or livery vehicle
shall further have a number printed on the front and rear doors as
well as on the rear of the trunk, at least five inches high, and clearly
visible from all directions for the purpose of vehicle identification.
Limousines shall be exempt from this provision.
(4)
Roof lights. It shall also be required that all taxicabs be equipped
with a roof light of a minimum size of not less than eight inches
in length and three inches in height, which shall contain the word
"taxi" and/or the name of the applicable livery company. The roof
light shall denote when the vehicle is off duty. The light shall be
illuminated when the taxicab is occupied by a paying passenger and
shall be kept unlighted when the taxicab is vacant or is not for hire.
The roof light may also be equipped with appropriate "off duty/on
duty" lighted components in lieu of the preceding lighting requirement.
(5)
Color. All taxicabs and livery vehicles shall be painted in a color
pattern so as not to be confused with any federal, state or local
law enforcement vehicle which normally operates or may be found in
the City of Oneonta or in Otsego County, generally.
(6)
Windows. All taxicabs and livery vehicles shall have windows in the
rear and side of the vehicle sufficient in number and of such size
and dimensions. Tinted windows shall be allowed on all taxicabs and
livery vehicles that meet applicable and appropriate New York State
Vehicle and Traffic Law regulations. In no circumstances shall window
tint be of a depth which does not permit visualization as to the number
of occupants and their activities.
(7)
Uniformity of body and color. All taxicabs and livery vehicles shall
have exterior body parts of a uniform color scheme, including original
two-tone, vinyl or wood-grained paneling options provided by the vehicle
manufacturer.
B.
Vehicle regulations; interior.
(1)
General condition. The interior of each vehicle shall be maintained
in a clean condition, free of foreign matter and offensive odors.
There shall be no litter in the vehicle or trunk. Seats and floor
mats shall be kept clean and without holes or large wear spots.
(2)
Posted notices. Each vehicle shall have notices conspicuously posted which provide the phone number of the taxicab company and that of the office of the City Clerk, indicating where to direct any complaints relative to the fare being charged, appearance or functioning of the vehicle or the conduct of the driver. Additionally, each vehicle shall have conspicuously posted the adopted rate schedule as per Article IV of this chapter. Rates, as well as a notice that states, "Seatbelts must be available for your use. Please buckle up!"
(3)
Interior door locks. All vehicles shall be equipped with doors which
fasten in a manner so that they may be readily opened from the inside
by a passenger.
(4)
Front and rear seat belts. All vehicles shall be equipped with both
front and rear seat belts.
(5)
Registration plate. All vehicles shall have attached two New York
State registration plates appropriate to the registration class of
the vehicle.
(6)
Medallion certificate. All vehicles shall have conspicuously affixed
medallion certificates issued by the City Clerk's office at all
times.
C.
Inspection of vehicles. No vehicle shall be licensed as a taxicab, private livery car, private livery van or limousine until it has been thoroughly and carefully inspected and examined and found to be in thoroughly safe condition for the transportation of passengers and must be clean, fit and of good appearance. All vehicles must undergo a four-wheel brake inspection which shall be documented on the certification as stated in Subsection D, Intervals. No taxicab, private livery car, private livery van or limousine shall be operated unless it displays on the interior surface of the windshield, as close to the lower right-hand corner as practicable, an unexpired certificate of inspection issued to the current operator of the taxicab, private livery car, private livery van or limousine by the City Clerk's office upon proof of inspection, as hereinafter provided in Subsection D of this section.
D.
Intervals. Taxicabs, private livery cars, private livery vans or
limousines are required to be inspected at six-month intervals. Valid
proof of such inspection shall be by certificate issued by the licensed
New York inspection station, not owned and operated by a taxicab and/or
livery owner, certifying that the vehicle meets all requirements of
the Vehicle and Traffic Law of the State of New York. Certifications
shall be made on a form to be supplied by the City Clerk.
E.
Periodic inspections by City of Oneonta personnel. The Chief of Police,
their designee, City Clerk, or their designee, or any other City personnel
so designated by the Common Council may, from time to time or based
upon a complaint of any citizen, inspect a particular vehicle or all
vehicles of a company as defined in this chapter after reasonable
notice to the owner(s). If it is found that a vehicle does not meet
the requirements of this section, the authorized City personnel may,
with authorization from the City Clerk upon facts and information
obtained through the inspection process in their discretion, recommend
immediate suspension or revocation of the owner's taxicab and/or
livery license or the City-issued taxicab driver's license of
the person driving the vehicle at the time of the inspection and/or
complaint.
F.
Costs. All costs of such inspection shall be borne by the taxicab
and/or livery owners.
