Unless the context specifically indicates otherwise, the meaning
of terms used in this chapter shall be as follows:
Permission granted by the City of Port Jervis to a person
to drive a taxicab upon the streets of the City of Port Jervis.
An individual, a corporation or other legal entity, partnership
and any other unincorporated association.
Any street, alley, avenue, court, bridge, lane or public
place in the City.
Any motor vehicle engaged in the business of carrying passengers
for hire, whether the same is operated from a street stand or subject
to calls from a garage or otherwise operated for hire, except vehicles
subject to provisions of the Transportation Corporation Law, ambulances
or hearses.
Any person who drives a taxicab, whether such person is the
owner of such taxicab or employed by a taxicab owner or operator and
whether operated on a regular, part-time or occasional basis.
Such license issued by the City of Port Jervis authorizing
the holder thereof to conduct a taxicab business in the City of Port
Jervis.
Any place designated by the City of Port Jervis and so marked
by an appropriate sign alongside the curb of a street or elsewhere
which is exclusively reserved for use of taxicabs.
It shall be unlawful for any person to drive, operate or keep
for hire or pay within the limits of the City any taxicab without
first having obtained and paid for a license to drive, a license to
operate or keep for pay or hire, or both, and having the same in force
and effect, under the provisions of this chapter.
A.
No person shall drive a taxicab and no person shall permit anyone
to drive a taxicab within the limits of the City without such driver
having first obtained and paid for and having in force and effect
a driver's license under the provisions of this chapter.
B.
No person shall conduct a taxicab business in the City of Port Jervis
without having first obtained a taxicab license under the provisions
of this chapter. Conducting a taxicab business in the City of Port
Jervis shall be defined as entities having offices within or without
the City limits which pick up and/or discharge passengers/customers
within or without the City limits for a fare.
A.
Each applicant for a taxicab driver's license must properly
complete and submit to the Port Jervis Police Department a taxi driver's
application which shall contain the following information and satisfactory
proof thereof:
(1)
Applicant must possess a valid proper class license from New York
State necessary to operate a taxi or a valid proper class license
from another state of the United States.
[Amended 5-22-2017 by L.L. No. 10-2017]
(2)
Physical condition. Written report of a physician that the applicant
is physically sound; possesses good eyesight and hearing; is not the
subject of any diseases of the heart, blood vessels, brain, spinal
cord, or organs of the respiratory system or their appendages; if
the applicant has had any serious illness or injury which is perceptible
in the heart, lungs, kidneys, or other abdominal organs, or the skin,
eyes, ears, or limbs, etc.; that the functions of the brain and nervous
system are in a healthy state; and whether the applicant uses stimulants,
tobacco, or narcotic drugs. In addition, a statement from a physician
stating that the applicant is mentally and physically fit to safely
drive a public taxi.
(3)
Literacy. The applicant must be able to read and write the English
language.
(4)
Such other information as the Chief of Police or his designee may
deem necessary from time to time.
B.
The foregoing application shall be signed and sworn to by the applicant
and filed with the Port Jervis Police Department as a permanent record.
Any false statement made by the applicant shall be cause for the immediate
revocation of the taxicab driver's license issued by the City
of Port Jervis. In the event the applicant disputes the cause for
revocation of the taxicab driver's license pursuant to the aforesaid,
he may notify the Port Jervis Police Department within 10 days after
the date of revocation of said taxicab driver's license, and
upon such notification, a public hearing shall be held before the
Common Council of the City of Port Jervis at its regularly scheduled
meeting or at a special meeting called for such purpose. The decision
of the Common Council with respect to the disposition of the driver's
license in connection with said revocation shall be final and binding
upon the City of Port Jervis and the applicant.
C.
Applicant qualifications.
(1)
In order to be granted a City of Port Jervis taxicab driver's
license, an applicant must:
(a)
Hold a valid New York State driver's license in the proper
class or classification necessary to drive a taxicab in New York State.
(b)
Not have any wants or warrants anywhere in any jurisdiction.
(c)
Have no felony convictions anywhere in any jurisdiction.
(d)
Have no felony charges pending anywhere in any jurisdiction.
(e)
Not be a registered or designated sex offender anywhere in any
jurisdiction.
(2)
If during the term of the taxicab driver's license issued by
the City of Port Jervis any of the aforementioned conditions or requirements
change, the same shall be cause for the immediate revocation of the
Port Jervis taxicab driver's license by the appropriate individual
board or agency of the City of Port Jervis.
Each applicant for a taxicab driver's license must file
with his application three unmounted, untouched photographs of himself,
in such position as the Port Jervis Police Department may direct,
taken within the 30 days preceding the filing of his application.
Photographs shall be of a size which may be easily attached to the
license. One shall be attached to the license when issued, one shall
be filed with the application, and one shall be filed with the Chief
of Police. The photograph shall be so attached to the license that
it cannot be removed and another photograph substituted without detection.
Each licensed driver shall, upon demand, exhibit his license and photograph
for inspection.
A.
Taxicab license. Each applicant for a taxicab license shall comply with the requirements of Article II, Background Check for Taxicab License, of this chapter.
(1)
Any applicant for a taxicab license who shall have previously complied with the requirements of Article II, Background Check for Taxicab License, of this chapter shall be relieved of the obligation to resubmit processing fees or fingerprint documentation relative to the background check required under said Article II upon subsequent renewal applications for such taxicab license.
(2)
Any applicant for a taxicab license who had previously been issued a taxicab license by the City of Port Jervis and who had previously reported and disclosed on said license application prior criminal convictions shall not be barred from being granted a taxicab license based upon said prior disclosed and reported convictions. Any nonreported or subsequent conviction shall result in denial of the requested license as set forth in Article II of this chapter.
B.
Taxi driver's license. Each applicant for a taxi driver's license shall comply with the requirements of Article IV, Background Check for Taxicab Driver's License, of this chapter.
(1)
Any applicant for a taxicab driver's license who shall have previously complied with the requirements of Article IV, Background Check for Taxicab Driver's License, of this chapter shall be relieved of the obligation to resubmit processing fees or fingerprint documentation relative to the background check required under said Article IV upon subsequent renewal applications for such a taxicab driver's license.
(2)
Any applicant for a taxicab driver's license who had previously been issued a taxicab driver's license by the City of Port Jervis and who had previously reported and disclosed on said license application prior criminal convictions shall not be barred from being granted a taxicab driver's license based upon said prior disclosed and reported convictions. Any nonreported or subsequent conviction shall result in denial of the requested license as set forth in Article IV.
A.
Form; terms. Upon satisfactory fulfillment of the foregoing requirements,
there shall be issued to the applicant a license which shall be in
such form as to contain a photograph and signature of the licensee
and blank spaces upon which a record may be made of any arrest of
or serious complaint against him. Each license shall be stamped with
the Seal of the City upon at least a portion of the photograph. All
licenses shall be numbered in the order in which they are issued and
shall contain the name and place of residence of the licensee and
the dates of the issuance and expiration of the license.
B.
Prohibited acts. The defacing, removal or obliteration of any official
entry made upon a license issued by the City of Port Jervis to a driver
shall be cause for immediate revocation of said license.
C.
Duration. Taxi drivers' licenses or taxi licenses shall be issued
as of February 1, 2004, and shall be valid to and including the day
preceding the birthday of the applicant commencing in 2005, unless
previously suspended or revoked. All licenses, commencing in 2005,
must be renewed on or before the applicant's birthday in order
not to lapse.
D.
Display. Such license or permit shall be carried by the licensee
at all times when operating or in charge of any taxicab and shall
be produced when demanded by any policeman or peace officer within
the City of Port Jervis.
The Port Jervis Police Department may renew a driver's
license from year to year.
The license fee for a taxi driver's license or renewal thereof shall be as provided in Chapter 280, Fees, plus any additional processing fees. The applicable additional processing fees as set by the Division of Criminal Justice Services or other appropriate state agency shall be required to be submitted at the time of application for said license in order to be remitted to the Division of Criminal Justice Services of the State of New York for fingerprint processing fees. The remaining balance shall be required to be submitted at the time of approval of the application for said license and shall be retained by the City of Port Jervis.
Any person who shall apply for and receive a taxi license or
renewal thereof, or a taxi driver's license or renewal thereof,
and who shall thereafter be convicted of any felony crime, whether
in New York State or otherwise, shall be obligated to inform the Chief
of the Port Jervis Police Department, or his designee, of said conviction
within 72 hours of said conviction having been entered. Said notification
is required notwithstanding the filing of an appeal of said conviction
or otherwise. Failure to notify the Chief of the Port Jervis Police
Department, or his designee, of said conviction within 72 hours of
said conviction having been entered shall result in immediate revocation
of the taxi driver's license or taxi license, subject to rights
of appeal as otherwise provided in this chapter or other local laws
of the City of Port Jervis.
A.
Procedure. A driver's license or permit may at any time be suspended
or revoked for cause, after a hearing on notice by the Common Council
of the City of Port Jervis. Any such suspension shall be for the time
period specified by said Common Council and shall be noted on the
license, together with a statement for the reasons therefor. Notification
of such suspension or revocation, as the case may be, shall be sent
to the Police Department of the City of Port Jervis, which shall immediately
confiscate said license. The license shall be returned to the licensee
at the expiration of the period for which the license was suspended
without payment of any additional fee.
B.
Revocation; effect. A second suspension for the same reason or in
any case a third suspension of a driver's license shall effect
revocation thereof. No taxicab driver whose license or permit has
been revoked in accordance with the terms and conditions of this chapter
shall again be licensed as a taxicab driver in the City of Port Jervis
except upon written application to the Common Council of the City
of Port Jervis, whose decision thereon shall be final and binding
upon the applicant and the City of Port Jervis.
There shall be kept in the office of the Port Jervis Police
Department a complete record of each license or permit issued to a
driver and of all renewals, suspensions and revocations thereof, which
record shall be kept on file with the original application of the
driver for a license.
A.
Required; duration. It shall be unlawful for any person to operate
or permit to be operated a taxicab upon the streets of the City without
first having obtained therefor a taxicab license under the provisions
of this chapter from the Port Jervis Police Department. Such license
shall be issued as of March 1 and shall expire on the last day of
February next succeeding, unless sooner suspended or revoked.
B.
Application. Application for a taxicab license shall be made by the
owner upon blank forms furnished by the Port Jervis Police Department.
Such application shall contain the following information:
(1)
The name, age and residence of the person applying for the license
and what, if any, previous experience he has had in such business.
(2)
The name, age and residence of the persons to be in immediate charge
of any such taxicab or taxicabs.
(3)
Make, year, model, type, VIN (vehicle identification number), license
plate number, seating capacity, odometer reading and date of purchase
of the vehicle to be used as a taxicab.
(4)
Whether previously licensed to operate a taxicab, and if so, where.
(5)
Whether the license to operate a taxicab has ever been revoked, and
if so, for what cause.
(6)
Such other information as the Port Jervis Police Department may deem
necessary.
A.
Inspection. In addition to any motor vehicle inspection required
by the Motor Vehicle Department of the State of New York, no vehicle
shall be licensed as a taxicab to be operated in the City of Port
Jervis as a taxicab until it has been thoroughly and carefully inspected
and examined and found to be in a thoroughly safe condition for the
transportation of passengers, clean, fit, of good appearance and well
painted and varnished. The Chief of Police or someone designated by
him shall make such examination and inspection before a license is
issued and shall make such inspection of such licensed vehicle two
times annually.
B.
Unfit vehicle. The Port Jervis Police Department shall refuse to
issue a license for or, if already issued, revoke or suspend the license
of any vehicle found by the Chief of Police of the City of Port Jervis
to be unfit or unsuited for public patronage.
A.
Issuance. If upon inspection a taxicab is found to be of lawful construction
and in proper condition, in accordance with the provisions of this
chapter, and upon the approval of the application and the payment
of the license fee hereinafter set forth, the same shall be licensed
by delivering to the owner a card of such size and form as may be
prescribed by the Port Jervis Police Department.
B.
Contents; use. The card shall contain the official license number
of the taxicab, together with the date of inspection of the same and
a statement to the effect that in case of any complaints the Port
Jervis Police Department shall be notified, giving the license number
of the taxicab. Such card shall be signed by the licensing official
and shall contain blank spaces upon which an entry shall be made of
the date of every inspection of the vehicle by the Chief of Police
or his representative.
The license fee for a taxi license or renewal thereof shall be as provided in Chapter 280, Fees, plus any additional processing fees. The applicable additional processing fees as set by the Division of Criminal Justice Services or other appropriate state agency shall be required to be submitted at the time of application for said license in order to be remitted to the Division of Criminal Justice Services of the State of New York for fingerprint processing fees. The remaining balance per vehicle shall be required to be submitted at the time of approval of the application for said license and shall be retained by the City of Port Jervis.
The Chief of Police shall, from time to time, see that all taxicabs
licensed by the City of Port Jervis are kept clean and in good repair
on the interior and exterior for public use and shall inspect or cause
to be inspected all taxicabs from time to time, as hereinbefore provided
or on the complaint of any person of full age, as often as may be
necessary. Reports in writing of all inspections shall be promptly
filed in the office of the Port Jervis Police Department.
In the event, after conviction by a court of competent jurisdiction,
it is determined that any vehicle so licensed pursuant to the terms
and conditions of this chapter has been used for an illegal business
or purpose, the license for such vehicle shall be deemed revoked forthwith
without any further action by the City of Port Jervis. The Police
Department of the City of Port Jervis shall cause such license to
be confiscated and returned to the Port Jervis Police Department.
No new license shall be issued until after application therefor and
good cause has been shown. In the event the issuance of a license
is refused after revocation, as in this section provided, the applicant
may demand a hearing before the Common Council of the City of Port
Jervis, which hearing shall be held not less than 20 days after request
therefor at a regular or special meeting of the Common Council of
the City of Port Jervis. The decision of the Common Council of the
City of Port Jervis on the issuance or denial of said license shall
be final and binding upon the applicant and the City of Port Jervis.
In the event a court of competent jurisdiction has determined that
a vehicle licensed by the City of Port Jervis is in violation of any
ordinance of said City or any state law governing the use, operation
or licensing of motor vehicles, then and in that event the license
shall be suspended forthwith, and the Police Department shall confiscate
the same. The period of suspension shall be determined by the Common
Council of the City of Port Jervis at its next regular meeting. Said
period of suspension shall be based upon report of the Chief of Police
to the Common Council. Upon the expiration of said suspension period,
said taxicab license shall be returned.
The Port Jervis Police Department shall keep a register or card
index of the name of each person owning or operating a taxicab licensed
under this chapter, together with the license number and the description
and make of such vehicle and the date and complete record of inspection
made of it. Such record shall be open to the inspection of the public
at all reasonable times.
A.
Authority of Chief of Police. The Chief of Police shall be authorized
to locate and designate taxicab stands. He shall further designate
the number of such taxicabs that shall be allowed to stand at any
of the places designated by him and shall provide a metal sign, which
shall be attached to a post or stanchion adjacent to such stand.
B.
Application for stand. Owners of any property may apply to the Port
Jervis Police Department for the establishment of taxicab stands adjacent
to their premises, stating in such application the number of taxicabs
they desire to occupy such stand. Such application shall be granted
solely in the discretion of the Common Council and may be revoked
by it at any time.
Only taxicabs in such numbers as are provided for by parking
spaces may remain at the stand while waiting for employment, and only
in single file, pointed in accordance with applicable traffic regulations.
The taxicab stand shall be used only for the purpose of parking, and
while any licensed taxicab is in any of said spaces it shall not be
repaired, washed or otherwise serviced. No vehicle shall occupy a
stand unless a permit therefor has been issued by the Port Jervis
Police Department. Applications for permits to occupy a stand shall
designate the stand and shall be made in writing to the Port Jervis
Police Department by the owner upon forms prescribed by the licensing
official.
Every driver of a taxicab immediately after the termination
of any hiring or employment must carefully search such taxicab for
any property lost or left therein, and any such property, unless sooner
claimed or delivered to the owner, must be taken to the nearest police
station and deposited with the officer in charge within 24 hours after
the finding thereof.
A.
Duty of licensee. Every person to whom a license or permit has been
issued under the provisions of this chapter shall, upon discontinuing
or abandoning the operation or driving of a taxicab, return such license
or permit to the Port Jervis Police Department unless such license
or permit has been lost or for other reasons cannot be restored.
B.
Assignment and transfer prohibited. Such license and permit shall
not be assigned or transferred to any other person or be applicable
to any motor vehicle other than the one specified therein. Any licensee
who permits his license or permit to be used by any other person,
and any person who uses such license or permit granted or given to
any other person, shall each be guilty of a violation of this chapter.
C.
Duplicate licenses and permits. Whenever a license or permit shall be lost, stolen or destroyed without fault on the part of the holder, his agent or employee, a duplicate in lieu thereof under the original application may be issued by the Port Jervis Police Department upon the filing of a sworn affidavit containing facts of such loss or theft. A fee as provided in Chapter 280, Fees, shall be charged for said duplicate license or permit.
No person owning or driving a taxicab shall deceive any passenger
who may ride or who may desire to ride in any such vehicle as to his
destination by the shortest route or the lawful price to be charged
for such person, nor shall he convey such passenger or cause him to
be conveyed to a place other than that directed by him. Taxicab fees
shall be set by the Common Council, and any price or fee increase
must be approved by the Common Council.
It shall be unlawful for any licensed driver of any taxicab
to misrepresent the name of his employer or knowingly to receive or
transport any person or persons who intend to commit any unlawful
act in such vehicle during the voyage or at the termination thereof,
whether within such vehicle or not. It shall also be unlawful for
any such driver to solicit or procure or to aid or assist in soliciting
or procuring any person to ride in a licensed taxicab with the intent
to commit any unlawful act therein or at any time during the voyage
or at the termination thereof, whether within the vehicle or not.
A.
Cleanliness of vehicle. Every holder of a taxicab license shall at
all times keep the inside of the cab operated by him in a clean and
sanitary condition and shall at least once each day thoroughly clean
the inside of such taxicab.
B.
Windows. Every owner of a taxicab shall provide windows in the passenger
portion of each taxicab sufficient in number and of such size and
dimension that at all times persons may be readily seen through such
windows with sufficient distinctness to identify such persons.
C.
Locks on doors. No owner or driver of a taxicab shall at any time
so fasten or lock the doors on a taxicab that it is impossible for
a passenger to open the same from the inside. Every owner shall provide
means for unfastening doors on taxicabs so that such doors may be
readily opened on the inside by a passenger.
D.
Changes in address. Changes in address of owner or driver shall be
reported to the Port Jervis Police Department in writing within three
days.
E.
Every owner of a taxicab shall designate it as a taxicab by the use
of the word "Taxi," which shall be either painted on the driver and
passenger front side doors or be attached to said doors by a magnetic
strip or decals. In either case, such letters shall be uniform size,
at least four inches in height, and each stroke of each letter shall
not be less than one inch in width.
A.
Unauthorized vehicles. Any owner or driver of a taxicab not licensed or equipped in accordance with the provisions of this chapter, or of a taxicab the license of which has been suspended or revoked, who engages in the business of a taxicab as defined herein or attempts to engage in such business or solicits passengers for hire, shall, upon conviction, be punished as prescribed in Chapter 1, General Provisions, Article I.
B.
Unauthorized drivers. Any person not having been duly licensed as a taxicab driver, or any person whose license as such driver has been revoked, or any person whose license has been suspended and who during the term of suspension drives for hire a taxicab upon the streets, shall, upon conviction, be punished as prescribed in Chapter 1, General Provisions, Article I.
D.
License suspension or revocation in addition to other penalties.
In addition to the fine, imprisonment, or both, authorized by this
chapter, any licensee shall be subject to the suspension or revocation
of his license upon conviction for any violation of this chapter.
The Common Council may, in its discretion, suspend or revoke a license
granted under any provision of this chapter pending or in advance
of any criminal prosecution of the licensee.
