[HISTORY: Adopted by the Town Board of the Town of Cheektowaga 5-19-2014 by L.L. No.
2-2014.[1] Amendments noted where applicable.]
The existing Chapter 223 of the Code of the Town of Cheektowaga (originally adopted October 21, 1985) is hereby repealed.
It is hereby declared that the taxicab and the livery business
is a vital part of the transportation facilities of the Town of Cheektowaga
and that its regulation is necessary to preserve peace, good order
and safety for the inhabitants of the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person driving a taxicab or livery upon the public highways
for hire.
Any motor vehicle, other than a taxicab or a bus, used in
the business of transporting passengers for compensation that does
not utilize any type of a taximeter.
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power, except electrically
driven mobility assistance devices operated or driven by a person
with a disability, vehicles which run only upon rails or tracks, snowmobiles
as defined in Article 47 of the New York Vehicle and Traffic Law and
all-terrain vehicles as defined in Article 48-B of the New York Vehicle
and Traffic Law.
A person owning or controlling one or more taxicabs and/or
livery vehicles and driving or causing any such vehicle to be driven
upon the public highways for hire.
Includes an individual, a partnership, any unincorporated
association, a corporation and any other legal entity.
Any motor vehicle engaged in the business of carrying passengers
for hire, having a seating capacity of less than eight persons and
not operated on a fixed route.
A mechanical instrument or device by which the charge for
hire of a taxicab may be mechanically calculated either for the distance
traveled or waiting time, or both, and upon which such charge is indicated
by means of figures.
The Town of Cheektowaga, excluding the Buffalo Niagara International
Airport, the Village of Sloan and those portions of the Village of
Depew within the Town of Cheektowaga.
A.Â
It shall be unlawful for any owner, driver or employee of any taxicab
and/or livery to transport persons in a taxicab or livery from, to,
or within the Town without having first obtained and having then in
force an owner's permit, as hereinafter provided.
[Amended 4-18-2016 by L.L. No. 4-2016]
B.Â
Every owner’s permit issued hereunder shall be issued for one
calendar year, from July 1 through June 30 each year. There will be
no prorating of the yearly fee should an owner apply for an owner’s
permit after July 1.
[Amended 5-4-2015 by L.L.
No. 3-2015]
A.Â
Every person who desires to operate a taxicab or taxicabs and/or
livery owned or controlled by that person, upon the public highways
within the Town, shall file with the Town Clerk a written application,
verified under oath, stating:
(1)Â
The name and address of the owner of the taxicab or taxicabs and/or
livery, specifying, in the case of any partnership, unincorporated
association or other legal entity, the name and address of each member
thereof and, in the case of any corporation, the name and address
of each officer, director and stockholder thereof.
(2)Â
A description of each vehicle, including the make, model, color,
license plate number, passenger capacity, year of vehicle and proof
of inspection.[1]
[Amended 5-4-2015 by L.L.
No. 3-2015]
[1]
Editor’s Note: Former Subsection A(3), concerning the
location of proposed depots and terminals, which immediately followed
this subsection, was repealed 5-4-2015 by L.L. No. 3-2015.
B.Â
If the Town Clerk shall find that all the required forms and documents
have been completed and submitted and that the owner is qualified,
then the Town Clerk, upon receipt of proof of insurance against public
liability for each taxicab and/or livery showing the amounts of coverage,
which amounts shall be at least the minimum amount required under
New York State law for personal injuries to each person per accident,
for total personal injuries for each accident and for property damage
and which insurance shall be maintained in full force during the period
covered by the permit, and upon receiving payment of the proper fee,
shall issue a permit stating the name and address of the owner, the
date of the issuance thereof, the number of vehicles the owner is
authorized to operate, and the number of the license plate assigned
to each vehicle.
C.Â
Any permit issued here may be renewed annually for additional periods
of one year each from the expiration date upon the filing of an application
containing all the information required herein.
D.Â
Every owner issued a permit pursuant to this chapter who shall desire to add to the number of taxicabs and/or liveries then being operated shall file with the Town Clerk a new written application, under oath, providing all the information required as described in Subsection A hereinabove.
E.Â
If the Town Clerk shall find that the addition of such taxicab(s)
and/or livery meets all requirements, then he/she shall issue an owner's
permit stating the name and address of the applicant, the numbers
of the license plate assigned to such vehicles and the date of issuance
thereof.
F.Â
The owner's permit issued hereunder shall not be transferable
or assignable to any other person.
[Amended 5-4-2015 by L.L.
No. 3-2015]
The fee for a taxicab owner’s permit and a livery owner’s
permit shall be the sum of $25 per year for each vehicle and/or $200
for a fleet of up to 10 vehicles. For replacing a lost permit, the
fee shall be $10. In case of the sale or disuse for taxicab and/or
livery purposes of any permitted taxicab and/or livery, the holder
of the taxicab and/or livery permit may, with the approval of the
Town Clerk, have the same transferred to another vehicle owned by
him/her without fee.
A.Â
Each owner shall provide a list of all vehicle operators who will
be operating the taxicab(s) and/or livery(ies), as the case may be,
that have a permit issued pursuant to this chapter along with a copy
of the drivers' licenses for all such operators and two passport-size
photos of each driver.
B.Â
Each driver will be required to complete an application that will
be provided by the Town Clerk's office and shall also have a
background check completed by the Town Police Department.
C.Â
Upon approval by the Town Clerk of the application and approval by
the Town Police Department of the background check, each driver shall
be issued a taxicab/livery driver permit identification card.
D.Â
Each driver shall carry his/her taxicab/livery driver permit identification
card with him/her at all times while operating a taxicab/livery within
the Town.
E.Â
Each owner shall take all necessary steps to update that list of
drivers whenever drivers are added or deleted. Under no circumstances
shall an owner allow anyone to operate any of owner's taxicabs
and/or liveries for the purpose of transporting persons for hire from,
to, or within the Town who has not completed the application process
set forth herein and who has not been issued a taxicab/livery driver
permit identification card.
F.Â
Every driver’s permit license issued hereunder shall be issued
for one calendar year from July 1 through June 30 each year. There
will be no prorating of the yearly fee should a driver apply for a
driver’s permit after July 1.
[Amended 5-4-2015 by L.L.
No. 3-2015]
G.Â
Driver’s permits that are being renewed will not require another
Cheektowaga Police background check. The license information previously
provided by the driver will be used to obtain a license report from
the Department of Motor Vehicles. Any driver who fails to renew a
driver’s permit within 30 days of expiration will be required
to have a full and complete Cheektowaga Police Department check at
a cost of $10.
[Added 5-4-2015 by L.L.
No. 3-2015]
A.Â
The fee for a taxicab/livery driver's permit identification
card shall be the sum of $25 per year for each driver. For replacing
a lost driver's permit, the fee shall be $10. Driver's permits
are nontransferable.
B.Â
In any case where an owner has paid for and been issued a taxicab/livery
owner's permit to operate a taxicab or taxicabs and/or livery
owned by that person and that person is also seeking to obtain a taxicab/livery
driver's permit identification card to operate that vehicle,
the fee for the taxicab/livery driver's permit identification
card for that owner shall be waived.
A.Â
Any applicant who shall have been denied an owner's and/or operator's
permit under this chapter may apply to the Town Board for a review
of the action of the Town Clerk, as hereinafter provided:
(1)Â
Such application to the Town Board shall be in writing, signed and
acknowledged by the applicant, and shall state the ground or grounds
on which the applicant claims that the determination of the Town Clerk
was erroneous.
(2)Â
Such application shall be filed with the Town Clerk by the applicant
within 20 days after notice of denial of his/her license by the Town
Clerk has been mailed to him or delivered to him in person.
(3)Â
Upon the filing of such application, the Town Board shall hold a hearing thereon pursuant to the provisions set forth in Subsection B herein below.
(4)Â
At such hearing, the Town Board shall consider the applicant's
application upon the record before the Town Clerk in connection with
the Town Clerks consideration thereof and, in its discretion, may
receive new or additional evidence in support thereof or in opposition
thereto.
(5)Â
The Town Board, after such hearing, may affirm the action of the
Town Clerk or direct the Town Clerk to issue a proper permit pursuant
to this chapter.
B.Â
Whenever it shall be provided herein that a hearing shall or may
be held by the Town Board with respect to any matter:
(1)Â
Such hearing shall be held on a date and at a place and hour designated
by the Town Board.
(2)Â
The Town Clerk shall give notice thereof, stating the name and address
of the applicant or license holder concerned, the subject matter of
the hearing, and the date, place and hour thereof designated therefor,
by mailing a copy thereof to the applicant or license holder concerned,
at the address shown upon the most recent application of such applicant
or licensee, at least 10 days before such hearing.
(3)Â
The applicant or license holder involved shall be entitled to be
represented by legal counsel and to present such competent and material
testimony or other evidence in his/her own behalf as may be relevant
to the subject matter of the hearing.
(4)Â
All witnesses shall be sworn and examined under oath.
A.Â
No motor vehicle utilizing a taximeter shall be used for hire unless
that taximeter is in full compliance with all applicable local and
state statutes, rules and regulations and has an official seal from
the appropriate authorizing authority.
B.Â
No taximeter shall be operated from either rear wheel of such vehicle,
and the figures thereon shall be illuminated and visible to the passenger
from the rear seat of the vehicle.
C.Â
No taximeter shall be operated unless said taximeter and speedometer
are in proper working condition.
D.Â
It shall be unlawful to change the size of the front wheels or tires
of a taxicab or livery or the gears operating the taximeters or to
change said instrument from one vehicle to another.
E.Â
All taximeters shall have an intact cover and gears, and no person
shall or allow the use of a taximeter on which the seal has been broken.
A.Â
No taxicab or livery driver shall leave his/her vehicle without shutting
off the radio.
B.Â
No driver shall blow his/her horn, shout or use a loud tone to solicit
a fare.
C.Â
No driver shall idle the motor of his/her vehicle excessively at
any time.
D.Â
It shall be the duty of each taxicab 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 the same with the owner of the taxicab,
and such records shall be preserved for at least six months and shall
be made available for inspection by the Police Department during said
period.
E.Â
It shall be the duty of each livery vehicle driver to have a printed
form that provides the date, time and location of each pickup; the
name, address and telephone number of the person(s) who ordered the
service; the destination each person is being transported to; and
the price being charged for the transportation service.
F.Â
The numbered permit assigned to each vehicle by the Town Clerk must
be affixed to the vehicle in a conspicuous place at the rear of the
vehicle and cannot be transferred to another vehicle.
G.Â
Each taxicab operated hereunder shall bear on the outside of at least
one door on each side of the vehicle the word "TAXI."
H.Â
No taxicab or livery driver shall solicit passengers except when
sitting in the driver's compartment of such taxicab or livery,
as the case may be, or while standing immediately adjacent thereto,
nor in a loud or annoying tone or voice nor by sign nor in any manner
annoy, obstruct the movement of or follow any person for the purpose
of soliciting patronage.
I.Â
No taxicab or livery driver shall stop to pick up any additional
passengers while proceeding to the destination of any passenger then
occupying the taxicab or livery, as the case may be, without the consent
of all such passengers.
J.Â
No taxicab or livery driver shall permit more persons to be carried
in his/her taxicab or livery, as the case may be, than the number
for which he/she has seating facilities.
K.Â
Every taxicab and livery driver, as soon as practicable after his/her
taxicab or livery, as the case may be, is emptied of passengers, shall
carefully search his/her vehicle for any property left there by any
passenger, and if he shall find any such property, he/she shall as
soon as reasonably practical deliver it to the Police Department in
Cheektowaga.
L.Â
The interior and exterior of all vehicles operated pursuant to the
chapter shall be clean and sanitary at all times.
A.Â
Violation of any of the provisions of this chapter shall be punishable
by a fine of not to exceed $500 for each offense. Each day in which
violations of these provisions occur shall constitute a separate offense.
Should an owner or a driver be convicted of three violations of this
chapter within any eighteen-month period, then the permit granted
to such owner or operator pursuant to this chapter may be suspended
or revoked.
B.Â
It shall be a violation for any taxicab and/or livery owner to have
a taxicab or livery operating within the Town while having a revoked
or suspended permit and for any taxicab or livery driver to operate
a taxicab and/or livery within the Town while having a revoked or
suspended permit. Each time a taxicab or livery owner or driver operates
a taxicab and/or a livery within the Town while having a revoked or
suspended permit shall constitute a separate offense. Such offenses
shall be punishable by a fine not to exceed $250 for the first offense,
$500 for the second offense and $1,000 for any additional offenses.
The provisions of this chapter pertaining to obtaining an owner's
permit and/or a driver's permit shall not apply to any taxicab
or livery that is registered outside of the State of New York.