[HISTORY: Adopted by the Board of Trustees
of the Village of Haverstraw 7-19-1993 by L.L. No. 2-1993. Amendments noted where
applicable.]
[Amended 12-19-1994 by L.L. No. 6-1994; 11-18-2013 by L.L. No. 2-2013]
It has been determined that the business of transporting passengers
for hire by motor vehicle in the Village of Haverstraw is affected
with public interest, is a vital and integral part of the transportation
system in the Village, and must, therefore, be supervised, regulated
and controlled by the Village of Haverstraw. This chapter is specifically
designed to regulate vehicles for hire which pick up or drop off passengers
in the Village of Haverstraw. This chapter specifically pertains to
vehicles for hire which are based within or outside of the Village
of Haverstraw and pick up or drop off passengers in the Village of
Haverstraw.
[Amended 8-11-1997 by L.L. No. 4-1997; 9-8-2004 by L.L. No.
1-2004; 11-18-2013 by L.L. No. 2-2013]
As used in this chapter, the following terms shall have the
meanings indicated:
A motor vehicle designed to carry fewer than nine passengers,
excluding the driver, which charges for service on the basis of a
flat rate, time, mileage or zone and is not permitted to accept hails
from a prospective passenger or passengers on the streets in the Village
of Haverstraw. A vehicle shall be presumed to be a vehicle for hire
under this chapter if it bears license plates, so designated and issued
by the State of New York Department of Motor Vehicles for a vehicle
for hire, and picks up or drops off passengers in the Village of Haverstraw
for transportation.
A person owning and/or controlling the use of operating a
vehicle for hire on the streets in the Village of Haverstraw.
Exactly the same as "taxicab," except these vehicles shall be exempt from the identification requirements of Subsections A, B, and C of § 218-14 of this chapter and the number of livery taxicabs shall be limited to five livery taxicabs for each taxicab company operating a base in the Village of Haverstraw for the routing of calls for taxicab service.
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. It shall not
include vehicles which are rented or leased without a driver.
All vehicles for hire used to pick up passengers
in the Village of Haverstraw shall not be permitted to operate in
said village, unless said vehicle is licensed by the Village of Haverstraw.
[Amended 12-19-1994 by L.L. No. 6-1994; 6-3-1996 by L.L. No. 4-1996]
A.
No person shall operate a vehicle for hire on the
streets in the Village of Haverstraw, unless that driver shall have
applied to the Village of Haverstraw Village Clerk's office and been
issued a permit by the Village of Haverstraw and said permit is in
full force and effect.
[Amended 6-15-2015 by L.L. No. 4-2015]
B.
No driver's permit for a vehicle for hire shall be
issued to any person who does not have a valid Class E driver's license,
has been convicted of a felony or any sex offense or who has been
convicted of two or more separate convictions for moving traffic violations
within the twelve-month period immediately preceding the date of the
application for a permit, or who has been involved in more than two
accidents within 18 months of applying for a permit or a renewal.
Any person denied a permit shall be afforded the opportunity, upon
written request to the Village Clerk within 10 days after being notified
that a permit to operate a vehicle for hire has been denied, to appear
before the Board of Trustees to be heard to contest said denial. After
receiving an applicant's request to review a permit denial, the Village
Clerk shall schedule upon written notice to the applicant a hearing
before the Board of Trustees, or a hearing officer designated by the
Board of Trustees, at either of the next two regularly scheduled Village
Board meetings, or at such other time as the Board of Trustees shall
decide. At the hearing before the Board of Trustees, the applicant
may present to the Board information as to why a permit should be
issued. The Board of Trustees shall decide, under all the circumstances
contained in the application and presented at the hearing, whether,
in the exercise of their reasonable discretion, a permit may be safely
issued or the denial sustained. In rendering their determination,
the Board of Trustees shall indicate in a written decision their reason(s)
for confirming the denial of the permit or their reason(s) for granting
the permit.
[Amended 6-3-1996 by L.L. No. 4-1996]
Said application shall include the name, current
address, telephone number, date of birth of the applicant and the
applicant's social security number, together with a copy of the present
driver's license of the applicant; prior arrests and convictions thereof,
including the nature of the offense, the date committed and the sentence
imposed, if any; convictions for any moving traffic violations within
the last 36 months and all property damage and personal injury accidents
involved in within the last 36 months.
[Amended 1-18-1994 by L.L. No. 2-1994; 12-19-1994 by L.L. No.
6-1994; 6-3-1996 by L.L. No. 4-1996; 2-3-1997 by L.L. No.
1-1997; 8-11-1997 by L.L. No. 4-1997]
A.
All applicants for a permit for a driver of a vehicle
for hire shall pay an annual fee as set forth in the village schedule
of fees, which shall be nonrefundable. No portion of the permit fee
shall be prorated.
[Amended 12-6-1993 by L.L. No. 7-1993]
A.
Vehicles for hire shall not be allowed to park or
stand in any metered parking spots or on Main Street, New Main Street
and Broadway, or within one block of those streets, unless the Board
of Trustees of the Village of Haverstraw designates parking spots
specifically for "Taxicabs Only." On-street parking by taxicabs shall,
in any event, not exceed 30 minutes at a time.
[Amended 6-3-1996 by L.L. No. 4-1996]
B.
Areas will be designated in the village's municipal
parking areas for the exclusive use of vehicles for hire. It shall
be in the village's exclusive jurisdiction to determine the number
of spots that shall be set aside for each taxicab company. In order
to park in a designated spot, a permit shall be required from the
village. The cost for the permit per spot shall be as set forth in
the village schedule of fees.
[Amended 8-11-1997 by L.L. No. 4-1997]
C.
The village shall remove all taxicab stands currently
on the village streets.
D.
An annual parking permit fee for vehicles for hire
for use of the designated spots in the municipal parking lots shall
be as set forth in the village schedule of fees.
[Amended 8-11-1997 by L.L. No. 4-1997]
E.
The penalty for vehicles for hire parking in nondesignated
spots shall be a fine of up to $50.
[Amended 1-18-1994 by L.L. No. 2-1994; 12-19-1994 by L.L. No.
6-1994; 2-3-1997 by L.L. No. 1-1997]
A.
The period of registration each year shall run from
March 1 through February 28. All applications for renewal shall be
submitted at least 20 days before the expiration of the date of registration.
[Amended 6-12-1997 by L.L. No. 2-1997]
B.
A fee as set forth in the village schedule of fees
shall be charged for transferring registration from one vehicle to
another during the registration year.
[Amended 8-11-1997 by L.L. No. 4-1997]
An application for a license for a vehicle for hire shall be made by the owner to the Chief of Police and shall include the following information: name, current address, telephone number, date of birth, social security number, together with a copy of the present driver's license of the applicant; make, year, model and identification number of vehicle to be licensed, license plate number of said vehicle, name, policy and expiration date of insurance carrier insuring said vehicle and prior arrests and convictions. Upon the application and payment of the proper fee, said application shall be reviewed and processed. If said application is found acceptable, it shall be given to the Board of Trustees, who shall approve the same at its next public meeting. If said application is rejected because the vehicle does not comply with § 218-10, notice thereof shall be given to the applicant, by certified mail, return receipt requested. The applicant shall thereafter have 30 days to appeal said denial to the Board of Trustees of the Village of Haverstraw, who shall afford the applicant an opportunity to be heard to contest said denial.
The interior and exterior of a vehicle for hire
shall be kept in clean and good condition and all parts of the vehicle
shall be in good working order and safe condition. Each vehicle for
hire shall be inspected as to its condition prior to the issuance
of a vehicle for hire license. It shall also be inspected upon renewal
of its license and at such other times are deemed necessary and proper
for the maintenance of said vehicle in good working order and safe
for public use. Upon passing inspection, the Village Department of
Public Works shall issue a decal which shall be placed on the right
lower portion of the rear window of said vehicle. Said decal shall
contain the date of issue, type of vehicle and color thereof. Each
decal so issued shall expire on the 31st day of December of each calendar
year.
A vehicle for hire license shall be issued by
the Mayor upon recommendation of the Chief of Police and approval
by the Board of Trustees, provided that the applicant has complied
with all the provisions of this article. Said license shall be countersigned
by the Village Clerk.
[Amended 12-6-1993 by L.L. No. 7-1993; 12-19-1994 by L.L. No.
6-1994]
Upon the issuance of a vehicle for hire license,
the Village Clerk shall thereupon assign and designate a number for
such licensed vehicle which shall be painted on the exterior front
doors, as well as both upper quarter panels of said vehicle, in numbers
at least six inches in height and one inch in width in a color that
contrasts with the background color of the taxicab, so that the same
is legible at a distance of 50 yards during daylight hours. Said number
shall also be displayed in the interior of said vehicle in numbers
at least two inches in height, so that the same is visible to passengers
in the front and rear of the vehicle.
The Village Clerk shall keep a register or card
index of the name of each person owning or operating a vehicle for
hire licensed under this article, together with the license number
and description, make and color marking of such vehicle. Such record
shall be open to the inspection of the public at all reasonable times.
A copy of each said license and register shall be filed with the Police
Department.
All taxicabs shall be clearly identified or
marked on the exteriors, as follows:
A.
Light on roof, with legend "taxi" to be lit at night.
The legend "taxi" shall be facing both the front and rear of the vehicle.
[Amended 12-19-1994 by L.L. No. 6-1994]
B.
Name of company, owner or operator and telephone number
in three-inch minimum and six-inch maximum lettering, or an approved
decal on each front door.
C.
Identifying numerals four inches high on the center
of the trailing lip as to be legible from the rear. When a vehicle
does not have a four-inch trailing lip, the numbers will be placed
on the lower left corner of the rear window so that they are legible
from the rear.
[Amended 12-19-1994 by L.L. No. 6-1994]
D.
All livery taxicabs shall be clearly identified by placing identifying numerals four inches high in the lower left-hand corner of the rear window so that they are legible from the rear. Livery taxicabs shall not be required to display any other identification on the exterior of the vehicle. In all other respects livery taxicabs shall be bound by all the other rules and regulations of this chapter, including the interior display of the driver's photograph and complaint notice as set forth in § 218-15 of this chapter.
[Added 9-8-2004 by L.L. No. 1-2004]
A.
Each vehicle for hire shall display, at all times,
the driver's license of the driver of the vehicle for hire issued
by the Village of Haverstraw, containing a photograph of the driver
with the driver's name, date of birth, description of driver, motorist
identification number, Village of Haverstraw driver's license number,
as assigned, and the name and address of the owner of the vehicle
and the number assigned to the vehicle.
B.
A notice shall be placed in each vehicle for hire
attached to the dashboard, as well as to the rear of the front seat
which shall read as follows: "For Complaints - If a passenger has
any complaint regarding the operation of the vehicle or the conduct
of the driver, call the Village of Haverstraw (845) 429-0300, between
the hours of 9:00 a.m. and 4:30 p.m., and thereafter, the Town of
Haverstraw Police Department (845) 354-1500, giving the name of the
owner, the number of the vehicle for hire and the substance of the
complaint, together with the complainant's name, address and telephone
number."
[Amended 6-15-2015 by L.L. No. 4-2015]
C.
The required card or cards shall be placed on the
dashboard inside said vehicle for hire and shall be illuminated after
sundown so that it is clearly readable by the rear seat passenger.
[Added 12-19-1994 by L.L. No. 6-1994]
Vehicles for hire may accept passengers only
on the basis of telephone contact or prearrangement, and shall not
be permitted to accept passengers on the street as a result of a hail
by same or others acting in their behalf, nor at a taxi stand.
The vehicle for hire license may be suspended
or revoked or a fine may be imposed by the Board of Trustees if:
A.
It is found, after a hearing, that the vehicle for
hire has been used for an immoral or illegal purpose. Any such hearing
shall be held by the Board of Trustees or a hearing examiner appointed
by the Board of Trustees.
[Amended 12-19-1994 by L.L. No. 6-1994]
B.
It is found that the vehicle for hire has been used
in conjunction with a crime.
C.
It is found that the vehicle for hire has been used
in conjunction with a violation of a village ordinance, local law
or resolution.
D.
It is found that the owner has knowingly failed to
provide safe transportation to any passenger.
E.
It is found that the vehicle does not comply with
the requirements of the Vehicle and Traffic Law of the State of New
York or any rules and regulations of the New York State Department
of Motor Vehicles.
[Added 12-6-1993 by L.L. No. 7-1993]
A driver's permit for a vehicle for hire may
be suspended or revoked or a fine may be imposed by the Board of Trustees:
A.
If it is found, after a hearing, that the vehicle
for hire has been used for an immoral or illegal purpose.
B.
If it is found that the vehicle for hire has been
used in conjunction with a crime.
C.
If it is found that the vehicle for hire has been
used in conjunction with a violation of a village ordinance, local
law or resolution.
D.
If it is found that the owner has knowingly failed
to provide safe transportation to any passenger.
E.
If it is found that the vehicle for hire has been
used for soliciting or picking up a passenger by means other than
telephone contact or prearrangement.
F.
If it is found that the vehicle does not comply with
the requirements of the Vehicle and Traffic Law of the State of New
York or any rules and regulations of the New York State Department
of Motor Vehicles.
[Added 12-6-1993 by L.L. No. 7-1993]
G.
For failure to answer a parking summons issued by
the Village of Haverstraw within 30 days of issuance of the summons.
[Amended 12-19-1994 by L.L. No. 6-1994]
[Added 12-19-1994 by L.L. No. 6-1994]
A.
If an individual, company, partnership or corporation
that holds any licenses for vehicles for hire in the Village of Haverstraw
is convicted of failing to have proper insurance as provided in the
pertinent section of the Vehicle and Traffic Law of the State of New
York, all of the licenses for vehicles for hire owned by said individual,
partnership or corporation shall be revoked by the Board of Trustees
after conducting a hearing to be held by the Board of Trustees or
its designated hearing officer. At any such hearing, a certified abstract
issued by the New York State Commissioner of Motor Vehicles establishing
a failure to carry insurance as provided in the pertinent sections
of the Vehicle and Traffic Law shall be deemed prima facia evidence
of such failure.
B.
If an individual that holds a driver's permit to operate
a vehicle for hire in the Village of Haverstraw is convicted of failing
to have proper insurance as provided in the pertinent section of the
Vehicle and Traffic Law of the State of New York, the permit shall
be revoked by the Board of Trustees after conducting a hearing to
be held by the Board of Trustees or its designated hearing officer.
At any such hearing, a certified abstract issued by the New York State
Commissioner of Motor Vehicles establishing a failure to carry insurance
as provided in the pertinent sections of the Vehicle and Traffic Law
shall be deemed prima facia evidence of such failure.
[Amended 6-3-1996 by L.L. No. 4-1996; 8-11-1997 by L.L. No.
4-1997; 10-17-2022 by L.L. No. 3-2022]
A.
Unlicensed operation of a vehicle for hire. The penalty
for unlicensed operation of a vehicle for hire shall be a fine of
$250 if convicted of operating, or having control of, a vehicle for
hire utilizing the same to pick up passengers within the Village of
Haverstraw while not licensed by the Village of Haverstraw; which
charge, under this chapter, shall be a petty offense or infraction,
and not a crime. The continuation or repeat of a violation of, or
failure to comply with, any provision of this chapter shall constitute,
for each occurrence that transpires or each day on which the violation
continues, a separate and distinct charge hereunder.
B.
Unregistered vehicle for hire. The penalty against
the vehicle owner for allowing an unregistered vehicle for hire to
be operated in the Village of Haverstraw shall be a fine of $500;
which charge, under this chapter, shall be a petty offense or infraction,
and not a crime. The continuation or repeat of a violation of, or
failure to comply with, any provision of this chapter shall constitute,
for each occurrence that transpires or each day on which the violation
continues, a separate and distinct charge hereunder.
C.
The penalty for violating any section of this chapter
for which a penalty is not specifically provided shall be a fine of
from $50 to $250; which charge, under this chapter, shall be a petty
offense or infraction, and not a crime. The continuation or repeat
of a violation of, or failure to comply with, any provision of this
chapter shall constitute, for each occurrence that transpires or each
day on which the violation continues, a separate and distinct charge
hereunder.
