Town of Amherst, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Amherst 6-20-1966, effective 7-11-1966. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 138.
Vehicles and traffic — See Ch. 186.
As used in this chapter, the following terms shall have the meanings indicated:
DRIVER
Any person driving a taxicab upon the public highways for hire.
OWNER
A person owning or controlling one or more taxicabs and driving or causing any such vehicle to be driven upon the public highways for hire.
PERSON
Includes an individual, partnership, unincorporated association, corporation and any other legal entity.
TAXICABS
A vehicle engaged in the business of carrying passengers for hire, but not operating on a fixed route.
TAXIMETER
A mechanical instrument or device by which the charge for hire of a taxicab may be mechanically calculated either for the distance driven or waiting time, or both, and upon which such charge is indicated by means of figures.
TOWN
The Town of Amherst, not including the Village of Williamsville.
A. 
It shall be unlawful for any owner of any taxicab to permit same to be operated upon the public highways of the Town without having first obtained and having then in force an owner's license, as hereinafter provided.
B. 
Every owner's license issued hereunder shall be issued as of the first day of January 1967, or a subsequent date of issue, which shall expire on the 31st day of December 1967, next succeeding.
[Amended 8-15-1966]
C. 
Every person who desires to operate a taxicab or taxicabs owned or controlled by him upon the public highways within the Town shall file with the Town Clerk a written application verified under oath, stating:
(1) 
The name and address of the applicant, specifying, in the case of any unincorporated association, the names and addresses of members thereof and, in the case of any corporation, the names and addresses of each officer, director and stockholder thereof.
(2) 
All misdemeanors or felonies of which the applicant or any member thereof, if an unincorporated association, and any officer, director or stockholder thereof if a corporation, has been convicted, stating the name and location of the court and the date on which such convictions were held and the penalty imposed therefor.
(3) 
The experience of the applicant and each member thereof, if an unincorporated association, and each officer, director and stockholder thereof, if a corporation, in the transportation of passengers.
(4) 
Any facts which the applicant believes tend to provide that the public convenience and necessity require the granting of a license.
(5) 
The number of vehicles to be operated by the applicant and a description of each of such vehicles, including the make, model, passenger capacity, year of manufacture, motor number and state registration number thereof, and the make, type and number or other descriptive designation of the taximeter, together with an accurate and complete statement of the color of each taxicab.
(6) 
The age and citizenship of the applicant and each member thereof if an unincorporated association, and each officer, director and stockholder thereof if a corporation.
(7) 
The location of any and all depots and terminals proposed to be used by the applicant.
D. 
If the Town Clerk shall find that the applicant is qualified, then the Town Clerk, upon receipt of a certificate for each taxicab issued by the Town of Amherst Police Department certifying that the vehicle is in proper working condition and upon furnishing by the applicant of proof of insurance against public liability as required by the laws of the State of New York, which insurance shall be maintained in force during the period covered by the license, and the payment of the proper fee, shall issue a license stating the name and address of the applicant, the date of the issuance thereof, the number of vehicles the applicant is authorized to operate and the number of the license plates issued to each vehicle.
E. 
Every owner licensed hereunder who shall desire to add to the number of taxicabs he is then operating shall file with the Town Clerk a written application, under oath, stating:
(1) 
The name and address of the applicant.
(2) 
The applicant's owner's license number.
(3) 
Any facts which the applicant believes tend to prove the public convenience and necessity requires such addition.
(4) 
A description of each such additional taxicab, including the make, model, passenger seating capacity, year of manufacture, state registration number and motor number.
(5) 
If the Town Clerk shall find the addition of such taxicab meets all requirements as hereinafter set forth, then he shall issue a supplementary owner's license, stating the name and address of the applicant, the number of the license plate issued to each vehicle and the date of issuance thereof.
F. 
Any license issued hereunder may be renewed annually for additional periods of one year each from the date of expiration, upon the filing of an application containing all the information required herein.
G. 
The owner's license issued hereunder shall not be transferable.
The fee for a taxicab owner's license shall be the sum of $15 per year per each vehicle. For replacing a lost plate, the fee shall be $5. In case of the sale or disuse for taxicab purposes of any licensed taxicab, the owner of the taxicab license may have the same transferred to another vehicle owned by him with the approval of the Town Clerk and the payment of a transfer fee of $2.50. A fleet operator may pay a license fee of $110 per year, which shall entitle him to licenses for 10 taxicabs.
A. 
No person shall operate a taxicab upon the public highways of the Town of Amherst unless such taxicab shall be duly licensed as herein provided.
B. 
Every driver's license issued hereunder shall be issued as of the first day of January 1967, or a subsequent date of issue, which shall expire on the 31st day of December next succeeding.
[Amended 8-15-1966]
C. 
Every person desiring to drive a taxicab for hire upon the streets of the Town of Amherst shall file an application for a license so to drive with the Town Clerk, which application shall be in writing and verified under oath and shall state:
(1) 
The name, address and age of the applicant.
(2) 
A full description of the applicant, including height, weight, color of eyes and hair, scars or marks and the nature of any physical infirmity from which he may suffer.
(3) 
Recommendations by two residents of Erie County not related to the applicant who have known the applicant for a period of one year or more and who will vouch for the applicant's sobriety, honesty and general good character.
(4) 
Whether or not he is a citizen of the United States.
(5) 
The names and addresses of the applicant's employers during the last five years prior to his application.
(6) 
All violations of any traffic law, ordinance or regulation for which the applicant has been arrested or convicted within 18 months prior to the date of application and all crimes for which the applicant has ever been arrested or convicted, stating the date and place of each and the name and location of the court and the date on which each such conviction was had and the penalty imposed therefor.
(7) 
The number and date of issuance of the applicant's New York chauffeur's license.
(8) 
Whether or not any operator's or chauffeur's license held by the applicant has ever been revoked or suspended by the State of New York or any other state and, if so, by what court or other authority, on what date, for what cause and, if suspended, the period of such suspension.
(9) 
Any other relevant information that the Town Clerk may require.
D. 
The applicant for a driver's license, at the time of submitting an application, shall also:
(1) 
Submit two individual photographs of the applicant taken within 30 days prior to the date of the application, 1 1/2 inches by 1 1/2 inches in size, and such pictures must be a true likeness of the applicant and must show only the neck, shoulders and uncovered head.
(2) 
Exhibit a current New York State chauffeur's license for inspection.
(3) 
Be fingerprinted under the direction and supervision of the Town of Amherst Police Department.
E. 
Upon receipt of any application, the Town Clerk shall refer same to the Town of Amherst Police Department for such investigation as it shall deem necessary or desirable and report thereon.
F. 
Upon receipt of the report provided for, the Town Clerk shall issue a taxicab driver's license to the applicant if he shall find that the applicant is qualified for same.
G. 
At the time of the issuance of such license, the Town Clerk shall also furnish to the applicant a numbered photograph which must be conspicuously displayed in his taxicab.
H. 
The driver's license issued herein shall not be transferable.
I. 
The fee for a driver's license shall be the sum of $5 per year. To replace a lost or mislaid license, the fee shall be $2.50 per year.
A copy of the rates to be charged shall at all times be displayed in each vehicle in such a manner that it is easily visible from the rear seat of the vehicle. Upon demand, the driver of a taxicab shall furnish to the passenger a receipt for the fare paid, showing the name and photograph number of the driver.
A. 
No driver shall blow his horn, shout or use a loud tone to solicit a fare.
B. 
No driver shall idle the motor of his car excessively at any time.
C. 
It shall be the duty of each driver to keep a record of the point of origin and point of destination of all trips made and the charge made therefor and to file same with the owner of the taxicab. Such records shall be preserved for at least six months and shall be made available for inspection by the Police Department during said period.
D. 
The numbered license plate issued to each vehicle by the Town Clerk must be affixed to the vehicle in a conspicuous place adjacent to the rear license plate and cannot be transferable to another vehicle. The certificate accompanying said license plate shall be displayed prominently within the vehicle so as to be viewed from the rear seat.
[Amended 8-15-1966]
E. 
No taxicab driver shall stop to pick up any additional passengers while proceeding to the destination of any passenger occupying the taxicab without the consent of all the passengers.
F. 
No taxicab driver shall permit more persons to be carried in his taxicab than the number for which he has seating facilities.
[Added 9-26-1966, effective 10-17-1966]
A. 
No owner or operator of any taxicab, for the purpose of securing passengers, shall stand on any Town street, highway or place other than those designated as taxi stands as herein provided, except that, to meet special conditions, the Chief of Police is hereby authorized to designate additional places where taxicabs may stand while awaiting employment, but the use of such stands shall be subject at all times to the orders of said Chief of Police.
B. 
Nothing herein contained shall be construed as prohibiting the temporary occupation of any street in the vicinity of theaters and places of public entertainment by any taxicab while actually engaged by one or more passengers; provided, however, that in such case, the vehicle and the operator shall be subject at all times to the orders of the police.
C. 
Taxi stands shall be authorized by the Town Board of the Town of Amherst after a public hearing and shall be construed as an amendment of this chapter.
Any person, firm, association or corporation violating any provision of this chapter shall be guilty of an offense and subject to a fine of not more than $100, and a separate offense shall be deemed committed on each day during or on which a violation occurs and continues. In addition thereto, upon conviction for any violation of any of the provisions of this chapter, the license issued hereunder may be revoked by the Town Clerk.
This chapter shall become effective immediately upon publication and posting within the provisions of law.