[HISTORY: Adopted by the Board of Trustees
of the Village of Tarrytown 9-3-1996 by L.L. No. 6-1996.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law superseded former
Ch. 273, Taxicabs, adopted 5-20-1991 by L.L. No. 8-1991.
As used in this chapter, the following terms
shall have the meanings indicated:
Every motor vehicle having a seating capacity of 15 or more
passengers in addition to the driver and used for the transportation
of persons.
The operation of a motor vehicle upon public streets when
not engaged by a passenger for hire, soliciting prospective passengers
for hire by words or actions.
Any actions, words or gestures by which solicit a prospective
passenger for hire.
The Village Administrator of the Village of Tarrytown for
taxicab licenses or livery licenses. The Westchester County Taxi and
Limousine Commission for all for hire vehicle driver permits.
[Amended 9-18-2006 by L.L. No. 11-2006; 10-3-2011 by L.L. No. 10-2011]
The regulations concerning liveries contained in this chapter
apply only to liveries which pick up or drop off passengers at the
Metro North Commuter Railroad Station.
[Amended 10-3-2011 by L.L. No. 10-2011]
Every motor vehicle, other than a taxicab or a bus, used
in the business of transporting passengers for compensation.
Includes any person who operates a livery.
Every motor vehicle, other than a bus, used in the business
of transporting passengers for compensation, and operated in such
business under a license or permit issued by a local authority. All
taxicab vehicles authorized by the Village of Tarrytown to operate
as taxis must have New York State Department of Motor Vehicle taxi
plates.
[Amended 1-22-2002 by L.L. No. 2-2002]
Includes any person who operates a taxicab.
[Amended 9-20-2010 by L.L. No. 11-2010; 10-3-2011 by L.L. No.
10-2011]
A.
No person
shall drive a taxi which picks up passengers within the Village limits
and no owner of a taxi shall permit a driver thereof to pick up passengers
within the Village limits without said driver having first procured
a Westchester County for-hire-vehicle driver's permit from the Westchester
County Taxi and Limousine Commission.
B.
No person
shall drive a livery which picks up or drops off passengers at the
Metro North Commuter Railroad Station and no owner of a livery shall
permit a driver thereof to pick up and/or drop off passengers at the
Metro North Commuter Railroad Station without first having procured
a Westchester County for-hire-vehicle driver’s permit from the
Westchester County Taxi and Limousine Commission.
A.
No owner of a taxicab which picks up passengers within
the Village limits shall cause or permit such taxicab to be driven,
operated or kept for hire or pay within the Village limits without
first having procured a taxicab license for said taxicab and keeping
the same in effect under the terms of this provision.
B.
No owner of a livery which picks up passengers or
drops off passengers at the Metro North Commuter Railroad Station
shall cause or permit such livery to be driven, operated or kept for
hire or pay without first having procured a livery license for said
livery and keeping the same in force and effect under the provisions
of this chapter.
[Added 10-3-2011 by L.L. No. 10-2011[1]]
The permit issued by the Village shall be prominently displayed
by the for hire vehicle driver at all times when driving a taxicab
or livery in the Village so as to be visible to all passengers riding
in the taxicab or livery. Rules concerning the display of licenses
or permits shall be prescribed by the Police Committee.
[1]
Editor's Note: This local law also repealed former § 273-4,
Application for a taxicab/livery combination driver's license,
as amended.
[Amended 9-15-1997 by L.L. No. 9-1997; 6-18-2001 by L.L. No.
5-2001; 1-22-2002 by L.L. No. 2-2002; 10-3-2011 by L.L. No. 10-2011[1]; 11-19-2018 by L.L.
No. 16-2018]
A.
An application for a taxicab license or livery license shall be made
by the owner of the vehicle upon blank forms furnished by the licensing
official.
(1)
Such application shall contain:
(a)
The owner's full name and present residence.
(b)
If the vehicle is owned by other than an individual person,
the name and address of the firm, partnership, corporation or other.
If a corporation, indicate the state in which incorporated or chartered
and the date of such official recognition.
(c)
The full names, addresses, driver's license number and
dates of birth of all owners, officers, partners, managers, and members
of the Board of Directors of such firm.
[1]
If the vehicle is owned by an individual person, the application
shall contain the full name, address, driver license number and date
of birth of the individual owner.
[2]
Individual vehicle owners shall also submit a notarized letter
from the firm, partnership, corporation or other in which they will
be operating under, acknowledging and permitting the individual to
operate under the firm, partnership, corporation or other's name.
(d)
Whether the applicant or any of the above named have ever been
arrested for any crime or offense other than a traffic violation and,
if so, that person's name and the charge, jurisdiction, date
and disposition of each offense.
(e)
All individual vehicle owners, company owners, officers, partners,
managers, and members of the Board of Directors shall be fingerprinted
by an outside agency recommended by the Tarrytown Police Department,
which fingerprints shall be forwarded to the New York State Division
of Criminal Justice Services for identification processing. The applicant(s)
will tender the fees as established by the New York State Department
of Criminal Justice Services for the taking of such fingerprints.
Said fingerprints to be taken every two years upon renewal. Should
additional persons be added during the license year, those person(s)
shall be immediately subject to the fingerprints requirements of this
section.
(f)
Model and year of taxicab or livery.
(g)
Vehicle identification number of taxicab or livery.
(h)
Vehicle registration number and a copy of the current New York
State vehicle registration for taxicab or livery.
(i)
Date of current New York State motor vehicle inspection of taxicab
or livery.
(j)
Places and dates of previous taxicab licenses or livery licenses.
(k)
Whether owner's license to operate a taxicab or livery
has ever been revoked in the Village or elsewhere and, if so, for
what cause.
B.
False statements.
(1)
Each application shall contain the following statement: "It is a
crime punishable as a Class A misdemeanor to knowingly make a false
statement herein."
(2)
Any false statements by the owner for a taxicab license or a livery
license shall be promptly reported by the licensing official to the
Village Attorney. The licensing official is hereby authorized and
empowered to require such additional information as he may deem necessary.
C.
All applications shall be reviewed by the Police Department to determine
the veracity of the information included in the application and compliance
with the requirements of this chapter.
D.
Applications for renewal of a taxicab license or a livery license
shall be filed in the office of the Village Clerk at least 45 days
prior to the expiration of said license. Anyone failing to submit
said renewal application within the time frame stated herein shall
forfeit said license to the Village.
E.
An application to transfer a taxicab license or a livery license
from one vehicle to another vehicle owned by and registered to the
same person, firm, corporation or partnership during a licensing year
shall be considered a new application, and all provisions of this
chapter shall apply except that an administration fee of $25 and not
an application fee would apply.
F.
Any individual vehicle owner operating under a firm, partnership,
corporation or other entity who begins operating under a different
firm, partnership, corporation or other entity during a licensing
year shall be considered a new application, and all provisions of
this chapter shall apply except that an administration fee of $25
and not an application fee would apply.
G.
A taxicab license or a livery license may not be transferred or sold
by the person, firm, corporation, partnership or entity that holds
the license to any other person, firm, corporation, partnership or
entity. Any attempt to sell or transfer a taxicab license or livery
license as defined herein will result in the forfeiture of said license
to the Village.
[Amended 10-3-2011 by L.L. No. 10-2011[1]]
The Police Chief shall keep a complete record of all taxicab
licenses or livery licenses issued and denied under this chapter,
together with all applications, record checks, renewals, suspensions
and revocations thereof.
[Amended 1-6-1997 by L.L. No. 1-1997; 6-18-2001 by L.L. No.
5-2001; 1-22-2002 by L.L. No. 2-2002; 5-7-2007; 10-3-2011 by L.L. No.
10-2011[1]]
A.
Taxicabs and liveries not licensed by the Village of Tarrytown are
not permitted to pick up fares at the Metro North Commuter Railroad
Station.
B.
Any vehicle licensed under the requirements of this chapter which
uses the parking area designated as taxicab or livery stands and/or
the waiting and loading areas for the Metro North Commuter Railroad
Station is required to place the Village as an additional (named)
insured on the vehicle's and the owner's auto insurance
policy.
C.
A driver of a taxi or livery shall not be permitted to wait for fares
on the train station platform(s) or on walkway(s) at a distance greater
than 20 feet from their vehicle at any time.
D.
The Chief of Police or his designee shall investigate all complaints
regarding taxi and/or livery companies or vehicles that are licensed
by the Village of Tarrytown and which occur within the geographical
jurisdiction of the Village. The Chief may, upon investigation, refer
the matter to the Board of Trustees for further review and possible
disciplinary action.
E.
The Chief of Police or his designee may, from time to time, cause
to have a Department of Motor Vehicles inquiry run on any taxi or
livery vehicle licensed by the Village of Tarrytown. The Chief or
his designee shall have the right to question the licensee regarding
any violation(s) that may be discovered. The Chief may, upon investigation,
refer the matter to the Board of Trustees for further review and possible
action.
F.
The lettering on taxicabs as specified herein is required to be permanently
affixed to the vehicle; and the roof lights on taxicabs as required
herein are required to be permanently affixed to the vehicle and lighted
during the hours of darkness.
G.
No taxi or livery driver shall refuse or neglect to convey an orderly
person or persons upon request anywhere in the Village. No taxi or
livery driver shall carry any other person than the person first employing
the taxi/livery car without the consent of such first passenger.
[Added 5-15-2017 by L.L.
No. 4-2017]
H.
Taxis/livery cars shall have the name of the company, the company
telephone number, and the cab number assigned to the vehicle clearly
marked in letters or numerals of at least two inches in height. These
are to be on the driver and passenger sides of the vehicle and are
to be in a sharply contrasting color to that of the vehicle and be
permanently affixed to the vehicle.
[Added 5-15-2017 by L.L.
No. 4-2017]
[Amended 9-15-1997 by L.L. No. 9-1997; 6-18-2001 by L.L. No.
5-2001; 9-20-2010 by L.L. No. 11-2010; 10-3-2011 by L.L. No.
10-2011[1]; 11-19-2018 by L.L.
No. 16-2018]
A.
Any owner of a taxicab or livery not licensed, inspected or equipped
in accordance with the provisions of this chapter, or of a taxicab
or livery, the license of which has been suspended or revoked, who
engages in the business of a taxicab or livery as defined herein or
attempts to engage in such business or solicits passengers for hire,
or any owner of a taxicab or livery who permits a taxicab or livery
driver not licensed under this chapter to drive a taxicab or livery
shall, upon conviction, be punished by a fine of not less than $100
and of not more than $250 or imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment.
B.
Upon conviction of any person for any violation of a provision of
this chapter for which no punishment is specifically provided, the
punishment, upon conviction for such violation, shall be a fine of
not less than $100 and of not more than $250 or imprisonment for a
term not exceeding 15 days, or by both such fine and imprisonment.
C.
Each and every day that a violation of this chapter continues shall
constitute a separate and distinct violation of this chapter.
D.
Suspension and revocation of license. In addition to the fine or
imprisonment, or both, authorized by this chapter, any licensee shall
be subject to the suspension or revocation of his/her license upon
conviction for any violation of this chapter. The Village Administrator
may suspend or revoke a license granted under any provision of this
chapter, pending or in advance of criminal prosecution of the license.
E.
Forfeiture of license. In addition to any penalty authorized by this
chapter, any owner of a taxicab and/or livery license, or any firm,
partnership, corporation or other entity permitting operation under
their business name, shall be subject to the forfeiture of their taxicab,
livery or business license, with the license reverting back to the
Village, upon conviction for any violation of this chapter.
A.
No vehicle shall be licensed as a taxicab or livery
unless it has been inspected as required by the Department of Motor
Vehicles of the State of New York and has affixed on it a valid New
York State inspection certificate and, further, that it has been examined
and found to be clean, fit and of good appearance for the transportation
of passengers. The Police Chief shall make or have made by his deputy
an examination before a license shall be issued, and only upon certification
by the Police Chief that the vehicle meets the conditions herein prescribed
shall the Mayor issue or renew or reinstate a license.
B.
Any taxicab or livery that fails an inspection by
the Department of Motor Vehicles of the State of New York or an inspection
by the Village of Tarrytown Police Department shall have 30 days to
repair said vehicle for reinspection. If, within the thirty-day period,
the vehicle does not pass reinspection, the license for that taxicab
or livery shall be forfeit and will revert to the Village.
[Added 9-15-1997 by L.L. No. 9-1997[1]]
[1]
Editor's Note: This local law also redesignated
former Subsections B, C and D as E, F and G.
C.
For any taxicab or livery that fails an inspection
by the Department of Motor Vehicles of the State of New York or an
inspection by the Village of Tarrytown Police Department and is found
to be operating within the Village limits before the vehicle has passed
reinspection, the license for that taxicab or livery shall be forfeit
and will revert to the Village.
[Added 9-15-1997 by L.L. No. 9-1997]
D.
For any taxicab or livery that is found to be operating
within the Village limits with an expired New York State Department
of Motor Vehicles inspection sticker, the license for that taxicab
or livery shall be forfeit and will revert to the Village.
[Added 9-15-1997 by L.L. No. 9-1997]
E.
The Village Administrator shall refuse a license to
or, if already issued, shall revoke or suspend the license of any
vehicle certified to be unfit or unsuited for public patronage.
[Amended 9-20-2010 by L.L. No. 11-2010]
F.
The Police Chief is hereby authorized and empowered
to establish reasonable rules and regulations for the inspection of
taxicabs and liveries as to their condition of fitness and qualifications
and the form of certificate to be issued therefor.
G.
The Police Chief shall make or have made by his designee
from time to time, as may be directed by the Police Committee, further
inspections and examinations of taxicabs and liveries licensed hereunder
to determine that they are kept in a condition of continued fitness
for public use. Certificates, in writing, of all such inspections
shall be promptly made to the Village Clerk and reported by him to
the Village Administrator.
[Amended 9-20-2010 by L.L. No. 11-2010]
A.
Upon meeting the inspection requirements set forth in § 273-9 hereof, a taxicab or livery shall be licensed by delivering to the owner thereof a card of such size and form as may be prescribed by the licensing official. The card shall contain the official license number of the taxicab or livery, together with the date of inspection and a statement to the effect that, in case of any complaints, the licensing official shall be notified, giving the license number of the taxicab or livery. Such card shall be signed by the licensing official or his/her representative. The license number assigned hereunder shall, in each case, be the same as that assigned to the vehicle for that year, pursuant to law. Such license card shall be prominently displayed in the taxicab or livery at times so as to be visible to all passengers riding in the taxicab or livery. Rules concerning the display of the license card shall be prescribed by the Police Committee.
B.
Taxicab licenses or livery licenses shall be valid
for one year unless previously suspended or revoked.
C.
Licenses, when not used for a period of two months,
shall be considered null and void.
F.
The Village shall have the right to investigate and
obtain information regarding the ownership of any entity (limited
liability company, corporation, partnership or individual or entities
with common operations and dispatchers) that owns taxicab and livery
licenses issued by the Village. If any entity (limited liability company,
corporation, partnership or individual or entities with common operations
and dispatchers) is deemed to have violated this section, all of their
taxicab and/or livery licenses will be subject to forfeiture to the
Village.
[Added 9-15-1997 by L.L. No. 9-1997; amended 6-18-2001 by L.L. No. 5-2001]
H.
Any and all taxi and livery licenses issued by the
Village of Tarrytown shall remain the property of the Village of Tarrytown
and shall revert back to the Village upon:
[Amended 6-18-2001 by L.L. No. 5-2001]
A.
General.
(1)
Any vehicle licensed under the requirements of this
chapter which uses the parking area designated as taxicab stands/livery
stands and/or the holding area for the Metro North Commuter Railroad
Station is required to place the Village as an additional (named)
insured on the vehicle's and the owner's auto insurance policy.
[Amended 9-15-1997 by L.L. No. 9-1997; 6-18-2001 by L.L. No. 5-2001]
(2)
A livery licensed under the requirements of this chapter
shall in no case be permitted to use the parking areas designated
as taxicab stands.
(3)
A taxicab licensed under the requirements of this
chapter shall in no case be permitted to use the parking areas designated
as livery stands.
(4)
All taxicabs and liveries shall park only in designated
parking spaces and designated holding areas so marked for taxicabs
and liveries.
[Amended 6-18-2001 by L.L. No. 5-2001]
B.
Taxicab stands. The Police Committee shall from time
to time determine the appropriate location(s) at the Metro North Commuter
Railroad Station for taxicab stands.
C.
Livery stands. The Police Committee shall from time
to time determine the appropriate location(s) at the Metro North Commuter
Railroad Station for livery stands.
A.
A taxicab owner or driver or a livery owner or driver
shall not charge a fare for taxicab services or livery services in
excess of the schedule of rates established by the Board of Trustees.
The schedule of rates is located in the Fee Schedule for the Village
of Tarrytown.
B.
A card listing the zones and the fee schedule shall
be placed in each taxicab or livery in a clearly visible location
as prescribed by the Police Committee.
C.
In the event of a dispute over the fare, the driver
shall contact the dispatcher; if requested by the passenger, the driver
shall proceed to the police station.
D.
The Board of Trustees may, by resolution, modify the
schedule of rates.
E.
A card advising the taxicab/livery passenger that
complaints regarding service and/or rates can be directed to the Village
of Tarrytown Police Department shall be placed in each taxi and livery
vehicle at a location determined by the Police Committee.
[Amended 6-18-2001 by L.L. No. 5-2001]
From time to time the Police Committee for the
Village of Tarrytown shall promulgate rules, designations, directives
and mandates as enumerated in this chapter. These rules, designations,
directives and mandates shall be contained in Appendix A of this chapter.[1]
[1]
Editor's Note: Appendix A is on file in the
office of the Village Clerk.
