[HISTORY: Adopted by the Common Council of the City of Hudson 1-30-2013 by L.L. No.
1-2013.[1] Amendments noted where applicable.]
For the purposes of this chapter, the following words shall
have the meanings indicated:
Any person who drives a taxicab, whether such person is the
owner of such taxicab or is employed by a taxicab owner or operator.
A taxicab service located outside the boundaries of the City
of Hudson.
Permission granted by the City to any non-City-resident taxicab
operator to conduct a taxicab service in the City.
A person who owns not more than one taxicab which taxicab
shall be registered at the residence address of such person who shall
also be the only driver of such taxicab to be used in the provision
of the services regulated by this chapter. Notwithstanding the foregoing,
the spouse of an owner-operator who resides with such owner-operator
may also operate such taxicab in the provisions of the services regulated
by this chapter. No more than one owner-operator may be licensed hereunder
at any one physical address at any one time.
A firm, association, organization, partnership, trust, company
or individual.
A card on which is printed the tariff rates in the City of
Hudson as provided by this chapter.
A taxicab service located within the boundaries of the City
of Hudson.
Permission granted by the City to any City-resident taxicab
service to conduct a taxicab service in the City.
Any motor vehicle engaged in the business of carrying persons
for hire, whether the same be subject to calls from a garage or otherwise
operated for hire, except vehicles subject to the provisions of the
Transportation Corporation Law or used by undertakers in carrying
on theft business.
Permission granted by the City of Hudson to any person to
drive upon the streets of such City any taxicab authorized to operate
in the City by a valid resident or nonresident taxicab service permit.
A card granted by the City of Hudson certifying that a taxicab
is safe for the transportation of passengers. Each such card shall
bear a unique serial number upon its face.
A permit issued annually to a resident taxicab service that,
when displayed pursuant to this chapter, enables the vehicle in which
it is displayed to be parked in the City-of-Hudson-owned municipal
parking lot across the street from the Amtrak station where parking
meters are utilized without the need to pay the fees for such parking
meters nor the fines associated with not paying such fees and otherwise
as set forth in this chapter.
A business operated by a person to drive, operate or keep
for hire any taxicab for the purpose of providing the public with
automobile transportation services for a fee whose business and fees
are regulated and established pursuant to this chapter.
It shall be unlawful for any person to engage in a taxicab service
without first having obtained and paid for either a resident or nonresident
taxicab service permit and having the same in force and effect, as
set forth in this chapter.
It shall be unlawful for any taxicab service or taxicab driver
to transport passengers within the City of Hudson in a taxicab which
has not been thoroughly and carefully inspected and examined and found
to be in a thoroughly safe condition for the transportation of passengers,
as set forth in this chapter.
It shall be unlawful for any taxicab driver to solicit passengers
for hire or drive passengers for pay within the City of Hudson in
any taxicab without first having obtained and paid for a taxicab driver's
license and having the same in force and effect, as set forth in this
chapter.
Each applicant for a taxicab driver's license must comply
with the following to the satisfaction of the Commissioner of Police:
A.
First have obtained a valid and effective Class E license issued
by the New York State Department of Motor Vehicles.
B.
Be of the age of 18 years or over.
C.
Be able to read, write and have a reasonable command of the English
language.
D.
Information required on application.
(1)
Submit to the Commissioner of Police, upon an application form to
be provided by the Commissioner, a sworn application which shall become
a record of the Hudson Police Department, giving the applicant's:
(a)
Full name;
(b)
Current residence and place(s) of residence for the five-year
period preceding the location of the applicant's current residence;
(c)
Age, race, height, color of eyes and hair;
(d)
Place of birth and citizenship;
(e)
Place(s) of current employment and previous employment for the
five-year period preceding the date of the application;
(f)
Arrest and conviction record(s) of any charge of a felony or
misdemeanor;
(g)
Identification number of any previously issued taxicab license(s),
Class E license(s) issued by the New York State Department of Motor
Vehicles, or chauffer's license, if any, and whether any such
license(s) has ever been revoked and for what cause.
(2)
Any false statements sworn to by the applicant for a taxicab driver's
license shall be promptly reported by the Commissioner of Police to
the District Attorney of Columbia County. The Commissioner of Police
is hereby authorized and empowered to require such additional information
as he or she may reasonably deem necessary. Each taxicab driver's
license shall expire December 31 of each year.
Each applicant for a taxicab driver's license must file
with such applicant's sworn application form three unmounted,
unretouched photographs of the applicant, in such position and size
as the Commissioner of Police may direct, taken within 30 days preceding
the filing of the application. Upon issuance of the taxicab driver's
license, the photograph shall be attached to the license in a manner
proscribed by the Commissioner of Police. Thereafter, each licensed
driver shall exhibit such license and photograph in a manner permitting
passengers in the rear seat of the taxicab to easily inspect such
license and photograph.
A.
Each applicant for a taxicab driver's license shall be fingerprinted
and subject to a background check for the purpose of creating a criminal
history record report as directed by the Commissioner of Police pursuant
to regulations adopted by the Chief of the Hudson Police Department.
Any fees associated with such fingerprinting or background check shall
be paid by the applicant to the Hudson Police Department or such other
agency as the Hudson Police Department designates to undertake such
fingerprinting. No taxicab license shall be issued to a person who
has been twice convicted of a felony within the past 10 years according
to the applicant's criminal history record report.
B.
Criminal history record reports furnished by the Division of Criminal Justice Services to the Hudson Police Department pursuant to this chapter shall be subject to review only by the Chief of Police, and the Commissioner of Police. Notwithstanding Subsection A above, the Commissioner of Police may authorize issuance of a taxicab license to a previously convicted criminal if, in the Commissioner's reasonable judgment, the applicant's criminal history is such that issuance of the taxicab license will not endanger the public.
Upon satisfactory fulfillment of the foregoing requirements
for the issuance of a taxicab driver's license and upon the payment
of a fee as established by the Common Council, there shall be issued
to the applicant a taxicab driver's license which shall be in
such a form as to contain a photograph and signature of the licensee,
together with space for any such information or data as the Commissioner
of Police may deem advisable.
Every driver shall prominently display his or her taxicab driver's
license, while he or she is operating a taxicab, in a manner reasonably
designed to permit passengers in the first two rows of seats within
such taxicab to view and read such license.
The Commissioner of Police may renew a taxicab driver's
license from year to year by appropriate endorsement thereon and upon
the payment of a fee as established by the Common Council. A driver,
in applying for a renewal of such license, shall make such application
not less than 30 days next preceding its expiration, upon a form to
be furnished by the Commissioner of Police.
A taxicab driver's license may be suspended or revoked
for cause after a hearing by the Commissioner, during which the taxicab
driver shall be afforded an opportunity to hear and respond to all
matters raised at such hearing. Any resulting suspension or revocation
shall be noted on the taxicab driver's license, together with
a statement of the reasons thereof. Notice of suspension or revocation
shall be sent to the taxicab driver via first-class United States
mail by the official suspending or revoking such license and the taxicab
driver shall be required to forfeit to the Commissioner of Police,
within seven days of the date of such notice, the taxicab driver's
license for the duration of the suspension or revocation.
A.
Resident taxicab service or owner-operator permit. It shall be unlawful
for any person operating a resident taxicab service, including any
owner or operator, to solicit riders or passengers within the City
of Hudson without first having obtained a resident taxicab service
permit from the Commissioner of Police. It shall be a condition of
such resident taxicab permit that the taxicab be parked overnight
within the City of Hudson and otherwise in compliance with the provisions
of this chapter, and be available for inspection as defined in Article
5 of the Vehicle and Traffic Law of the State of New York by the Police
Department on a daily basis. Such permit shall be issued as of the
first day in January in each and every year for the term of one year
expiring on the 31st day of December next following, unless sooner
suspended or revoked pursuant to the provisions of this chapter. Application
for a resident taxicab service permit shall be made by the owner of
the taxicab service, or the owner-operator on a sworn application
form to be provided by the Commissioner of Police which shall become
a record of the Hudson Police Department. Such application shall contain:
(1)
The name, age and residence of the applicant applying for the permit,
and what, if any, previous experience the applicant has had in such
business.
(2)
The name, age and residence of the person to be in immediate charge
of any such taxicab or taxicabs if different than the applicant.
(3)
For each taxicab operated as part of a taxicab service, the identity
of the person who will operate or on whose behalf a taxicab will be
operated, the make, model, year of manufacture and type of motorcar
to be used, the factory number and the state license number thereof,
its then-current odometer reading and the seating capacity according
to its trade rating.
(4)
Whether the applicant was previously licensed to operate a taxicab
or taxicab service and, if so, where.
(5)
Whether a license issued to an applicant to operate a taxicab or
taxicab service has ever been revoked and, if so, for what cause.
(6)
Such application shall set forth the physical address of the taxicab
service or the owner-operator, as the case may be. A resident taxicab
service shall only operate in the I zoning district as defined in
this Code. A taxicab owner-operator may operate in any zoning district
in the City of Hudson except the Core-Riverfront and Recreational
Conservation Districts as defined in this Code. The application must
include a certification from the City Code Enforcement Officer that
the location of operation of the taxicab service or owner-operator
taxicab residence is in compliance with this chapter and the City
Zoning Code.[1] Thereafter, all subsequent renewals of such permit changing
the location of the physical address of the resident taxicab service
or owner-operator residence shall also include a certification by
the City's Code Enforcement Officer that the new location is
in compliance with this chapter and the City Zoning Code.
(7)
Such other information as the Commissioner of Police may reasonably
deem necessary.
B.
Parking roster and parking permits.
(1)
Parking roster. Each resident taxicab service shall, upon the initial
granting of a resident taxicab service permit, provide the Commissioner
of Police with a roster of each taxicab that will be operated pursuant
to such permit which roster shall include, at a minimum, the taxicab
inspection card serial number of each such taxicab and such other
information as the Commissioner of Police shall reasonably require.
Thereafter, the roster required pursuant to this subsection shall
be annually filed with the Commissioner of Police. The roster provided
pursuant to this subsection shall be updated within three days of
any change.
(2)
Parking permits.
(a)
Upon the Commissioner of Police receiving the initial or annual
roster required by this subsection, or any update thereto, the Commissioner
shall issue to such taxicab service that number of taxicab parking
permits corresponding to the number of taxicabs enumerated on such
roster. The taxicab service shall pay an annual fee, as established
by the Common Council from time to time, for each taxicab parking
permit issued pursuant to this chapter.
(b)
Each taxicab parking permit issued pursuant to this chapter
may be used in any taxicab on the roster under which it was issued
when such taxicab is not in service; and in the personal vehicle of
the driver of such taxicab while such driver is operating that taxicab.
It shall be a violation of this chapter to use a taxicab parking permit
in any manner not set forth in this chapter.
A.
It shall be unlawful for any taxicab to be parked anywhere in the
City of Hudson except as provided in this chapter.
B.
Notwithstanding the foregoing or anything else in this chapter to
the contrary:
(1)
An owner-operator, as herein defined, may park his taxicab on the
block on which such owner-operator's residence is indicated on
the resident taxicab service permit application or on the property
of such owner-operator. Only one taxicab may be parked on such block
or property.
(2)
Any taxicab operated pursuant to a resident taxicab service permit
may park on a City street for not longer than one hour in any eight-hour
period, unless otherwise lawfully parked in the City-of-Hudson-owned
municipal parking lot across the street from the Amtrak station.
C.
Anytime a taxicab is parked in the City of Hudson except as provided
in this chapter, all parking and parking meter laws of the City of
Hudson and the State of New York shall apply to such taxicab in addition
to any other provision of this chapter.
It shall be unlawful for any person to pick up or discharge
passengers from a taxicab for hire upon the streets of the City of
Hudson if such passenger(s) shall have been solicited within the City
of Hudson and the taxicab shall not have been issued a resident taxicab
service permit or a nonresident taxicab service permit has not been
obtained as hereinafter provided. Such nonresident taxicab service
permit shall be issued as of the first day of January of each and
every year for the term of one year expiring on the 31st day of December
next following, unless sooner suspended or revoked pursuant to the
provisions of this chapter. A taxicab operated under a nonresident
taxicab service permit may not be parked within the City for more
than one hour in every eight-hour period. Application for a nonresident
taxicab service permit shall be made by the applicant upon a sworn
form to be furnished by the Commissioner of Police. Such application
shall contain:
A.
The name, age and residence of the person applying for the permit,
and what, if any, previous experience that applicant has had in such
business.
B.
The name, age and residence of the person to be in immediate charge
of any such taxicab or taxicabs if different than that applicant.
C.
The make, model, year of manufacture and type of motorcar to be used,
the factory number and the state license number thereof, its then-current
odometer reading and the seating capacity according to its trade rating.
D.
Whether the applicant has been previously licensed to operate a taxicab
or taxicab service and, if so, where.
E.
Whether a license issued to the applicant to operate a taxicab or
taxicab service has ever been revoked and, if so, where and for what
cause.
A.
No taxicab licensed pursuant to this chapter shall be used for the
transportation of passengers within the City of Hudson until it has
been thoroughly and carefully inspected and examined and found to
be in a thoroughly safe condition for the transportation of passengers.
The Commissioner of Police shall not certify that a taxicab has passed
inspection or, if already issued, shall revoke or suspend a taxicab
inspection card, if the Commissioner or the Commissioner's designee
finds that such taxicab is unfit or unsuited for public patronage.
B.
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 taxicab inspection fee hereinafter set forth, the same shall
be certified for public use by delivering to the owner a card of such
size and form as may be prescribed by the Commissioner of Police.
The card shall contain a City of Hudson inspection number for the
taxicab, together with the date of inspection of the same and a statement
to the effect that, in case of any complaints, the Commissioner of
Police shall be notified, giving the said license number of the taxicab
and the phone number of the Commissioner of Police. Such card shall
be signed by the Commissioner of Police and shall contain blank spaces
upon which an entry shall be made of the date of every inspection
of the vehicle by the Commissioner of Police or the Commissioner's
designee. The taxicab inspection card shall be of a distinctly different
color each year, and the inspection number assigned hereunder shall,
in each case, be the same as that assigned to the vehicle for that
year, pursuant to this chapter. The Commissioner of Police shall also
affix to a conspicuous and indispensable part of each taxicab a small
plate, not exceeding six inches nor more than four inches in diameter,
which shall bear the inspection number of the vehicle. The design
of such plate shall be changed annually. Any owner or operator who
defaces, obliterates or changes any official entry made upon the inspection
card or plate shall have such card and plate revoked. If a taxicab
shall be disabled, disqualified for service or sold, the Commissioner
of Police may permit the use of the inspection card granted for such
taxicab to be transferred and used for another, provided that such
taxicab and the purchaser thereof comply with the provisions of this
chapter. Should the state number plate of a taxicab subject to this
chapter be changed during the period of validity of a taxicab inspection
card issued pursuant to this chapter, such change and number shall
be immediately reported by the owner of such taxicab to the Commissioner
of Police.
The amount of all license, permit, inspection and application
fees required by this chapter shall be established by the Common Council
from time to time and shall be charged by and made payable to the
Commissioner of Police, City of Hudson. No license, permit, inspection
or application fee shall be prorated for a period of less than six
months.
The Commissioner of Police shall maintain a constant vigilance
over all taxicabs to see that they are kept in a condition of continued
fitness for public use, and to this end the Commissioner of Police
shall inspect or cause to be inspected all taxicabs from time to time
as hereinbefore provided, or on the complaint of any citizen, as often
as may be necessary. Reports in writing of all inspections shall be
promptly filed in the office of the Commissioner of Police.
A taxicab service permit may be revoked or suspended at any
time for cause, after a hearing by the Commissioner of Police, if
a vehicle covered by the permit shall be used for any illegal business
or purpose, or for a violation of any ordinance or state law governing
the operation of motor vehicles.
A.
Overcharge. No taxicab driver shall charge or attempt to charge any
passenger a greater rate of fare than that to which the taxicab driver
is entitled to charge under the provisions of this chapter.
B.
Taxicab drivers shall keep trip sheets on a form specified by the
Chief of Police, of all trips taken and shall maintain such sheets
for a period of seven years.
Every person to whom a license, permit or inspection card has
been issued under the provisions of this chapter shall, upon discontinuing
or abandoning the operation or driving of a taxicab, return such license,
permit or inspection card to the Commissioner of Police unless such
license, permit or inspection card has been lost, stolen or destroyed.
Such license, permit or inspection card shall not be assigned or transferred
to any other person nor be applicable to any other motor vehicle than
the one specified therein except as otherwise provided in this chapter.
Any licensee who permits his license, permit or inspection card to
be used by any other person, and any person who uses such license,
permit or inspection card granted or given to any other person, shall
each be guilty of a violation of this chapter. Whenever a license,
permit or inspection card shall be lost, stolen or destroyed, a duplicate
in lieu thereof under the original application may be issued by the
Commissioner of Police upon the filing of a sworn affidavit containing
the facts of such loss or theft and upon the payment of the cost of
such duplicate license, permit or inspection card.
Every taxicab shall have the name of the taxicab service that
operates it, its primary telephone number and the taxicab inspection
card number of such vehicle plainly and legibly painted in characters
at least two inches in height with at least a one-fourth-inch stroke,
in a distinct color or colors that contrast with the color of such
vehicle, on the passenger doors on both sides of such taxicab, on
the trunk or tailgate thereof (as the case may be), and roof of the
vehicle, and no other such numbers shall appear on the sides of such
taxicab which may lead to confusion in quickly identifying such taxicab.
A.
Every holder of a taxicab driver's license shall at all times
keep the inside of the cab operated by such holder in a clean and
sanitary condition and shall at least once each day thoroughly clean
the inside of such cab.
B.
No taxicab shall be used to convey any person affected with a contagious
disease. Should it be found by the owner or driver that a taxicab
has been so used, the owner shall immediately so report to the City
health authorities, and such vehicle shall not again be used until
it has been thoroughly cleaned and fumigated under the direction of
the City health authorities.
C.
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 lock 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 of address of any holder of a taxicab driver's license
or taxicab service permit shall be reported to the Commissioner of
Police in writing within three days of such change.
E.
Taxicabs operated pursuant to a valid taxicab service permit issued
pursuant to this chapter may solicit passengers on any public street
in the City of Hudson, New York, and at a designated taxicab stand
and in space or spaces specifically assigned to taxicabs by the Commissioner
of Police. The Police Commissioner is hereby empowered and authorized
to designate an area or areas within the City of Hudson as a taxicab
stand or taxicab stands and to assign space or spaces for occupancy
by said taxicab or taxicabs while the same are in service.
A.
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 service as defined herein, or attempts to engage in such
business or solicits passengers for hire, shall be guilty of a violation
punishable as follows: by imprisonment for a term not exceeding 15
days or by a fine not exceeding $250, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
B.
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 be guilty of a violation
punishable as follows: by imprisonment for a term not exceeding 15
days or by a fine not exceeding $250, or by both such fine and imprisonment.
The continuation of an offense against the provisions of this chapter
shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
C.
Any person committing any other offense against any provision of
this chapter shall be guilty of a violation punishable as follows:
by imprisonment for a term not exceeding 15 days or by a fine not
exceeding $250, or by both such fine and imprisonment. The continuation
of an offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.
D.
In addition to the fine or 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 Commissioner of Police may in his discretion suspend or revoke
a license granted under any provision of this chapter, pending or
in advance of the criminal prosecution of the licensee.
