[HISTORY: Adopted Malone Village Board 1-12-1976 by L.L. No.
1-1976.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Sidewalks and streets — See Ch. 47.
Traffic Violations Bureau — See Ch. 54A.
Vehicles and traffic — See Ch. 59.
[1]
Editor's Note: This local law supersedes former Ch. 53,
Taxicabs, as amended 11-14-1966 and 6-14-1971.
As used in this chapter, the following terms shall have the
meanings indicated:
Any vehicle used to carry passengers for hire, but not operating
over a fixed route.
The place of business used to house the offices and/or communications
equipment of a taxi service within the incorporated limits of the
Village of Malone.
[Amended 3-8-1982 by L.L. No. 2-1982]
A.
It shall be unlawful for any person to drive or operate a taxicab
upon the public streets of the Village of Malone, New York, unless
the driver has in his possession a valid taxicab driver's license
issued by the Village Board of the Village of Malone and signed by
the Village Clerk. It shall, however, not be unlawful for any person
to drive or operate a taxicab upon the public streets of the Village
of Malone, New York, without a valid taxicab driver's license
for the sole purpose of leaving off, within the limits of the Village
of Malone, New York, a passenger who was picked up in another municipality.
[Amended 3-8-1982 by L.L. No. 2-1982]
B.
Any person interested in obtaining such license shall complete and
file an application therefor with the Village Clerk of the Village
of Malone. The qualifications of the driver, as hereinafter set forth,
shall be examined by the Chief of Police of the Village of Malone,
who shall, within 30 days after the date of the filing of the application
with the Village Clerk, submit written recommendations to the Village
Board of the Village of Malone.
C.
Such licenses are not transferable.
[Amended 3-8-1982 by L.L. No. 2-1982]
A person shall be qualified to operate a taxicab in the Village
of Malone only if he:
A.
Is at least 18 years of age.
B.
Can, by reason of experience or training, or both, safely operate
a taxicab, within the judgment of the Chief of Police of the Malone
Village Police Department. In exercising this judgment, the Chief
of Police shall have due regard for the safety of the applicant, the
applicant's passenger or passengers, other motorists and their
passengers and pedestrians, as well as the personal property of the
general public.
C.
Presents to the Chief of Police of the Malone Village Police Department
a statement signed, within two years prior to the date of the application
or reapplication, by a physician licensed to practice his profession
in the State of New York, stating that the applicant is in good general
health; that he or she suffers from no known physical illness, disease,
handicap or disability which would prevent or tend to prevent him
or her from safely operating a taxicab; and that he or she is not
taking any medication or undergoing any course of treatment which
would prevent or tend to prevent him or her from safely operating
a taxicab.
D.
Possesses a driver's license valid in the State of New York
for the purposes of driving or operating a taxicab.
E.
When making initial/first application, furnishes the Chief of Police
of the Malone Village Police Department with a listing of all the
applicant's arrests and convictions for violations of the Penal
Law of the State of New York, the Vehicle and Traffic Law of the State
of New York, the Code of the Village of Malone and any other statute
or statutes of the State of New York, its sister states or the United
States of America. A person making an initial/first time application
shall furnish the Chief of Police with a listing of all arrests, convictions,
etc.
[Amended 2-27-1995 by L.L. No. 1-1995]
H.
Approved taxi drivers will display, at all times, their certified
photo taxi driver license issued by the Village of Malone in their
taxicab. The display of this license is mandatory in the taxicab that
the approved driver is operating. Certified photo taxi driver licenses
will list the company that the driver is employed by and are nontransferable.
[Added 5-8-2000 by L.L. No. 1-2000]
I.
Certified photo taxi driver licenses must be surrendered to the Malone
Police Department upon discontinued employment with a taxi company.
[Added 5-8-2000 by L.L. No. 1-2000]
J.
Any altering or changing of the certified taxi driver license could
result in criminal charges.
[Added 5-8-2000 by L.L. No. 1-2000]
K.
Taxi drivers will present themselves in a professional manner. Appropriate
clean clothing, based on weather conditions, is required. Shirts and
footwear are required at all times.
[Added 5-8-2000 by L.L. No. 1-2000]
L.
Anyone convicted of a felony is not qualified to apply.
[Added 5-8-2000 by L.L. No. 1-2000]
M.
Anyone convicted of a misdemeanor in the past 12 months is not qualified
to apply.
[Added 5-8-2000 by L.L. No. 1-2000]
N.
The Village will honor any certificate of relief from disabilities
in making a determination of qualification of the applicant.
[Added 5-8-2000 by L.L. No. 1-2000]
[Amended 3-8-1982 by L.L. No. 2-1982; 7-22-1985 by L.L. No.
6-1985; 2-27-1995 by L.L. No. 1-1995; 5-8-2000 by L.L. No.
1-2000]
A.
Anyone convicted of a felony, as per New York State Penal Law, or
serious offense, as that term is defined by § 265.00 of
the New York State Penal Law, is disqualified.
B.
Anyone convicted of three misdemeanors in the past 10 years is disqualified.
C.
Anyone convicted of a misdemeanor, while holding a valid taxi driver
license, will have his/her taxi driver license suspended for a period
of one year.
D.
The Village will honor any certificate of relief from disabilities
in making a determination of disqualification of the applicant.
E.
A driver is disqualified if he or she has accumulated, within the
past 24 months, eight or more points on his or her driver's license,
as such points are determined by the Department of Motor Vehicles
of the State of New York.
[Added 1-14-2002 by L.L. No. 2-2002]
F.
A driver is disqualified if he or she has, within the past three years, had his or her license to operate a taxicab in the Village of Malone revoked pursuant to the provisions of § 53-11 of this chapter or has had his or her driver's license revoked by the Department of Motor Vehicles of the State of New York.
[Added 1-14-2002 by L.L. No. 2-2002]
A.
It shall be unlawful for any person or persons to engage in the business
of transporting passengers for hire, within the Village of Malone,
New York, without first obtaining a license to operate such taxi stand
or business from the Village Board of the Village of Malone. Any person
or persons intending to engage in said business of transporting passengers
for hire, within the Village of Malone, New York, must also possess
a valid taxicab driver's license.
[Amended 3-8-1982 by L.L. No. 2-1982]
B.
Any person interested in obtaining such license shall complete and
file an application therefor with the Village Clerk of the Village
of Malone. The Chief of Police shall review the applicant's qualifications,
shall examine or cause to be examined the vehicles intended to be
used by the applicant in such business and shall, within 30 days after
the date of the filing of the application with the Village Clerk,
submit written recommendations to the Village Board of the Village
of Malone.
C.
Such licenses are not transferable.
D.
Any such license application shall also be reviewed by the Building
Inspector of the Village of Malone, or other appropriate official,
to determine whether the operation and location of such taxi stand
or business at the address designated in the application would violate
the zoning laws or ordinances of the Village of Malone.
E.
The license to operate a taxi stand or business may be revoked if
the holder of said license is in any violation of any zoning law or
ordinance of the Village of Malone.
[Added 2-27-1995 by L.L. No. 1-1995]
F.
Compliance with statutory provisions and rules of the New York State
Vehicle and Traffic Law is required. No taxicab licensee shall operate
or cause to be operated any taxicab unless the provisions of Article
8, § 370, Subdivision 1, of the New York State Vehicle and
Traffic Law relating to liability and property damage insurance have
been and continue to be complied with. This shall include filing,
with the Malone Village Clerk, a current insurance policy showing
full coverage, together with the application and/or reapplication.
[Added 2-27-1995 by L.L. No. 1-1995]
G.
Taxi vehicle license requirements.
[Added 5-8-2000 by L.L. No. 1-2000]
(1)
Vehicles used for taxi purposes will be required to be registered,
inspected and insured under New York State requirements.
(2)
A Village of Malone information sheet on vehicles used for taxi purposes
will also be completed and kept on record at the Malone Village Police
Department.
(3)
Vehicles will be labeled with lettering at least four inches in height
displaying the name of the company and its telephone number. Said
identification must meet the approval of the Chief of Police as to
appearance and visibility.
(4)
All taxi vehicles will be equipped with an exterior roof taxi light.
(5)
No more than 10% of the surface area of the vehicle shall have visible
rust or body damage.
(6)
The interior of the taxi vehicle shall be kept neat and clean.
(7)
All windows, doors, seatbelts and the interior roof light shall be
operable, and there shall be no broken or cracked window glass.
(8)
Vehicles shall be equipped with a working flashlight, fire extinguisher
and customer receipt book.
(9)
Vehicles may be inspected by any member of the Malone Village Police
Department at any time.
(10)
Taxi owners will be required to furnish car seats for young children,
in compliance with New York State Vehicle and Traffic Law.
[Amended 2-27-1995 by L.L. No. 1-1995]
No person shall be entitled to regularly park or stand any taxi
vehicle in any parking place within the Village of Malone without
first obtaining a permit from the Village Board of the Village of
Malone, on such terms and conditions and upon the payment of whatever
fees are imposed by the said Village Board. The Village Board of the
Village of Malone reserves the right to limit the number of permits
issued and to revoke the same in its discretion.
All licenses and/or permits issued in accordance with this chapter
shall be valid until March 31 of the calendar year following its date
of issuance, by which date the holder thereof shall obtain a renewal
thereof after compliance with the terms of this chapter.
[Amended 2-27-1995 by L.L. No. 1-1995; 5-8-2000 by L.L. No.
1-2000]
A.
The annual fee for each taxi driver license shall be $25. All drivers
approved prior to April 1, 2000, and holding a valid Malone taxi driver
license shall have the year 2000 certified photo taxi driver license
fee waived.
B.
The fee for each annual taxi stand license shall be $50. However,
all taxi stands approved prior to April 1, 2000, and holding a valid
taxi stand license, shall have the year 2000 taxi stand license fee
waived.
[Amended 3-8-1982 by L.L. No. 2-1982; 1-23-1984; 6-4-1996; 5-8-2000 by L.L. No.
1-2000; 3-14-2011]
The rate of transportation of a passenger over the age of 12
years, within the Village of Malone, New York, shall be not more than
$5. The Board of Trustees of the Village of Malone shall have the
authority, upon proper resolution, to change the fares which may be
charged for the transportation of a passenger over the age of 12 years
within the Village of Malone, New York.
A.
The Village Board of the Village of Malone shall have the power to waive any of the requirements or terms of this chapter upon good cause shown. In particular, the Board of Trustees of the Village of Malone shall have the power to waive the enforcement of those qualifications and disqualifications set forth in §§ 53-3 and 53-4 of this chapter with respect to those applicants for renewal who possessed a valid taxicab driver's license as of January 1, 1982.
[Amended 3-8-1982 by L.L. No. 2-1982]
B.
The Village Board of the Village of Malone and the Chief of Police
shall have the right to inspect any taxi vehicles, at reasonable times,
to ensure that they are properly equipped and maintained. If such
vehicles are not properly equipped or maintained, the owner thereof
may be prohibited from driving, using or operating said vehicle as
a taxi in the Village of Malone.
C.
An owner of a taxicab stand or business shall report to the Chief
of Police of the Malone Village Police Department any motor vehicle
accident involving his or her taxicab, within 24 hours, regardless
of the jurisdiction in which the accident occurred.
[Added 2-27-1995 by L.L. No. 1-1995]
D.
An owner of a taxicab stand or business shall not require, permit
or authorize a driver to operate a taxicab for more than 12 hours
in any continuous twenty-four-hour period.
[Added 2-27-1995 by L.L. No. 1-1995]
E.
Taxi stands and vehicles will be maintained in a clean and orderly
manner.
[Added 5-8-2000 by L.L. No. 1-2000]
F.
Taxi drivers will comply with a standard dress code reflecting clean
and acceptable guidelines.
[Added 5-8-2000 by L.L. No. 1-2000]
G.
Taxicabs will be considered smoke-free at all times.
[Added 5-8-2000 by L.L. No. 1-2000]
[Amended 3-8-1982 by L.L. No. 2-1982; 2-27-1995 by L.L. No.
1-1995]
A.
Any person, firm or corporation found guilty of violating any of
the provisions of this chapter shall be guilty of disorderly conduct
and fined not less than $250 for a first offense, $500 for second
offense, and $750 and up to 15 days in jail for each additional offense
thereafter.
[Amended 9-10-2018 by L.L. No. 3-2018]
B.
A person whose license to operate a taxicab or to operate a taxicab
stand or business is suspended or revoked under any section of this
chapter may, within 30 days, request a personal appearance before
the Board of Trustees to offer evidence as to why the suspension or
revocation should be reconsidered.
In the event that any portion of this chapter shall be declared
invalid by a court of competent jurisdiction, such invalidity shall
not be deemed to affect the remaining portion hereof.
[Amended 5-8-2000 by L.L. No. 1-2000]
This chapter shall take effect immediately upon filing with
the Secretary of State of the State of New York.
