A.
Owner's license. An owner's license may be suspended or
revoked at any time by the City Clerk for a violation of this chapter
or if the licensed owner is twice convicted within a period of six
months of a violation of any state law or City ordinance relating
to the operation of motor vehicles, and must be revoked if the driver
is convicted of a misdemeanor or felony or indicted for a felony related
to New York State Penal Law Articles 130, Sex offenses; 230, Prostitution
offenses; 235, Obscenity and related offenses; 245, Offenses regarding
public sensibilities; and 263, Sexual performance by a child. Whenever
any owner's license is revoked or suspended, it shall be surrendered
to the City Clerk. In the case of a suspension, the license shall
be retained by the City Clerk until the suspension expires. In a case
of a revocation, the license shall be retained in the records of the
City Clerk. In the event that any person to whom an owner's license
is issued has such license suspended on three separate and distinct
occasions within a period of 18 months, the third suspension shall
automatically result in a revocation. Any reissuance of a revoked
owner's license will be at the discretion of the City Clerk.
B.
Taxicab and/or livery driver's license. A taxicab and/or livery
driver's license may be suspended or revoked at any time by the
City Clerk for a violation of this chapter, and must be revoked if
the driver is convicted of a misdemeanor or felony or indicted for
a felony related to New York State Penal Law Articles 130, Sex offenses;
230, Prostitution offenses; 235, Obscenity and related offenses; 245,
Offenses regarding public sensibilities and 263, Sexual performance
by a child, or upon two convictions within a period of six months
of a violation of any of the traffic laws of the State of New York
or ordinances of the City of Oneonta. In cases of suspension and revocation,
the license shall be surrendered to the City Clerk. Upon termination
of the suspension, it shall be returned to the licensed driver. Upon
revocation, the license shall be retained in the records of the City
Clerk. A third suspension within a period of 18 months shall result
in an automatic revocation of the license. Any reissuance of a revoked
owner's license will be at the discretion of the City Clerk.
C.
Endorsement on license. Any suspensions of a license shall be noted
on the face thereof by the City Clerk before the license is returned
to the licensed owner or licensed driver.
D.
Appeal. Any person whose license has been suspended or revoked may
ask for and receive a hearing before the Transportation Committee
within 45 days of making a written request for the same, and, at such
hearing, the person may present such testimony as may be proper. After
hearing the grievance, the Transportation Committee, if satisfied
that the action taken was, under the circumstances, more severe than
necessary or that extenuating circumstances exist, may reduce, lengthen
or end the suspension or change the revocation to a suspension or
direct that a new license be issued to replace the revoked license,
and the Common Council may, in making such decisions, attach to them
such stipulations and conditions as it may deem necessary or desirable
in the case.
(1)
Failure of a license holder to notify the City Clerk's Office
within 24 hours of any interaction with law enforcement that results,
or will result, in court system contact may result in an immediate
suspension of the holder's taxi or livery license. The license
will not be restored until adequate proof is provided demonstrating
that the case is one which does not violate any of the sections of
law noted previously in this code, has been disposed of or the circumstances
are found to be sufficient for the restoration of one's privilege
to operate a taxi or livery vehicle within the City of Oneonta.
Each operator shall maintain, for a period of at least one year,
a record of all calls made and the name of the driver making such
calls; said record shall be maintained at the taxicab company owner's
base office and shall be available at any time for inspection by the
Police Department or any other approved City personnel.
A.
Cruising.
(1)
"Cruising" shall mean the operation of a taxicab upon public streets
when not employed by a passenger. Such activity shall be allowed.
Taxicabs shall maintain proper traffic flow. The discharge and pickup
of passengers is prohibited in those locations where stopping is not
allowed by the New York State Vehicle and Traffic Law.
(2)
Cruising by a private livery car, private livery van or limousine
shall be prohibited. Use of a private livery car, private livery van
or limousine shall be by reservation only and shall be destination-specific.
At no time will a taxicab driver park a private livery car, private
livery van or limousine in any location in the City in order to wait
for fares. All private livery cars, private livery vans or limousines
shall be parked at and dispatched directly from the place of business.
B.
Parking. No taxicab, while waiting employment by a passenger, shall
stand on any public street in a meter zone other than at a taxicab
stand designated or established in accordance with this chapter. Furthermore,
at no time shall a taxicab cruise or sit idle in a public park or
in designated areas reserved as "loading/unloading zones."
A.
All taxicabs, private livery cars, private livery vans or limousines
must have available a federally approved child car seat for each child
passenger required to use a car seat under New York State law, if
a request for such car seat has been made by a passenger in advance,
at the time of a request by telephone for services.
B.
All others must maintain, in vehicles or at a terminal, a total number
of federally approved car seats equal to 20% of the number of licensed
vehicles and in no case less than one car seat.
C.
Failure to comply with this section shall be grounds for revocation
or nonrenewal of an owner's license.
The Common Council shall determine the number and location of
taxicab stands.
