By the adoption of this article, the City of Port Jervis declares
its intent to delegate to the Chief of Police, or his designee, and
Port Jervis Police Department established in the City of Port Jervis
the authority, presently entrusted to the Common Council of and for
the City of Port Jervis, to determine the criminal history of persons
applying for a taxicab driver's license in the City of Port Jervis.
It is specifically the intent of the City of Port Jervis to reserve
to the Common Council of the City of Port Jervis the power to approve
or deny persons applying for a taxicab driver's license in the
City of Port Jervis but that all other supervisory and administrative
duties, including background checks, be delegated to the Chief of
Police, or his designee, and Police Department of the City of Port
Jervis.
The words and phrases and definitions of words as used in the
New York State Town Law and/or the New York State Vehicle and Traffic
Law shall be applied in the enforcement of this article.
The City of Port Jervis is delegating authority for the comparison
of fingerprint analysis to the Division of Criminal Justice Services
by submission of fingerprint cards and appropriate processing fees.
The Port Jervis Police Department will secure fingerprint cards and
the appropriate processing fees for said applicants and submit them
to the Division of Criminal Justice Services. The Chief of the Port
Jervis Police Department, or his designated agent within the Port
Jervis Police Department, shall be responsible for reviewing the criminal
history record information disseminated by the Division of Criminal
Justice Services. The Chief, or his designee, will then provide a
statement to the Common Council regarding an applicant's suitability
for licensure.
Any applicant determined to have been convicted of any felony,
as defined in § 10.00 of the New York State Penal Law or
as defined by the Vehicle and Traffic Law of the State of New York,
will be denied approval for a taxicab driver's license in the
City of Port Jervis, County of Orange, State of New York, unless the
disability created by conviction of a felony has been removed as provided
in the Correction Law of the State of New York.
Any applicant having been denied approval for a taxicab driver's
license in the City of Port Jervis, County of Orange, State of New
York, shall have the right to appeal the denial to the Safety Committee
of the Common Council of the City of Port Jervis, Orange County, New
York. Said appeal must be filed within 15 days of receipt of notice
of the denial of the taxicab driver's license and must be in
writing, delivered to the office of the Chief of Police of the Port
Jervis Police Department. Any challenge regarding criminal history
records must be conducted in accordance with the rules and regulations
of the Division of Criminal Justice Services of the State of New York.
