[HISTORY: Adopted by the Common Council of the City of Plattsburgh 7-22-1993 (Ch. 243 of the 1989 Code).
Amendments noted where applicable.]
The Common Council of the City of Plattsburgh finds that the
public's safety and convenience require that the business of
carrying persons in motor vehicles for a fee or charge be regulated
and the minimum standards be established regarding the qualifications
of operators and the physical condition of such vehicles.
As used in this chapter, the following terms shall have the
meanings indicated:
Any vehicle used to carry passengers for hire but not operating
on a fixed route.
A.
No taxi shall be used to transport persons for hire within the City
of Plattsburgh unless such taxi and the operator are licensed under
this chapter.
B.
No person shall operate a motor vehicle used to transport persons
for hire within the City of Plattsburgh unless such person is licensed
under this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Applicants for a taxi operator's license shall meet the
following requirements at the time of license application and while
they hold a taxi operator's license issued by the City of Plattsburgh.
An applicant shall be:
A.
A United States citizen or resident alien of the United States.
B.
The holder of a New York State driver's license of the class
required for operation of a taxi.
C.
An applicant shall not have been convicted of:
(1)
A felony offense under the Vehicle and Traffic Law within the previous
24 months.
(2)
A misdemeanor offense under the Vehicle and Traffic Law within the
previous 12 months.
(3)
More than three misdemeanor or felony offenses at any time in this
state or any other state.
(4)
Any crime under Articles 130, 220, or 265 of the New York State Penal
Law within the previous 24 months.
A.
The license application for a taxi operator's license shall be made
on a form approved by the Corporation Counsel.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The application may require the applicant to furnish the following
information:
(1)
The applicant's consent to the City obtaining the applicant's
criminal history (if any) and driving record history in this state
or any state.
(2)
The application's medical history, including any history of
drug or alcohol abuse.
(3)
Such other information as the Chief of Police deems relevant to evaluating
the applicant's fitness for a taxi operator's license.
C.
The application shall be filed with the City Clerk. It shall be reviewed
by the Chief of Police. If the Chief of Police determines that the
applicant meets the requirements of this chapter, the license shall
be issued by the City Clerk.
D.
The original of the taxi operator's license shall be affixed
to the sun visor on the driver's side of the vehicle so that
it is visible to passengers and shall be permitted to be examined
by any passenger upon request.
E.
Operator licenses shall expire one year from date of issue.
F.
Licenses may be renewed upon a form approved by the Corporation Counsel
which may require an oath or affirmation under penalty of perjury
that the information contained in the original license application
is true.
All taxis shall meet the following requirements at the time
of application and during the time that such vehicle is licensed by
the City:
A.
The vehicle shall be insured with a policy of insurance that meets
New York State minimum insurance requirements.
B.
The vehicle shall have an unexpired Department of Motor Vehicle inspection
sticker.
C.
The vehicle shall be labeled with the word "taxi" or "taxicab" in
permanent lettering at least four inches in height on the driver and
front passenger doors. The vehicle shall also bear the name of the
licensee, dispatch telephone number, and license number in letters
and numbers at least four inches in height.
[Amended by Ord. No. 1-2-97]
D.
The vehicle shall be equipped with an exterior cab roof light which
shall be kept off when not available for hire.
E.
No more than 20% of the surface area of the vehicle shall have visible
rust or body damage.
F.
The interior of the taxi shall be kept neat and clean.
G.
All windows, doors, seat belts and the interior roof light shall
be operable and there shall be no broken or cracked window glass.
H.
The vehicle shall be equipped with a flashlight, customer receipt
book and daily trip log in such form as the City may require.
I.
There shall be affixed to the back of the front passenger seat in
a conspicuous place a fare zone map and rate schedule in the form
and size furnished by the City.
J.
Licensed vehicles may be inspected by any member of the Plattsburgh
Police Department at any time.
K.
The original of the taxi vehicle license shall be kept on file with
the vehicle owner and a copy of such license shall be affixed to the
sun visor on the driver's side so that it is visible to passengers
and shall be permitted to be examined by any passenger upon request.
Upon passenger request, the taxi operator will issue a legible
trip receipt which includes: the taxi owner's name and City license
number, operator's last name and City license number, date, time,
trip origin and destination points, number in party, and fare charged.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
There shall be no lighted tobacco or use of an electronic cigarette
(i.e., "vaping") in a licensed vehicle when the vehicle is occupied
by a passenger.
No vehicle licensed under this chapter shall be parked or left
standing in any public parking space for the purpose of soliciting
passengers between the hours of 7:00 a.m. and 9:00 p.m., except in
areas specifically designated and signed by the City of Plattsburgh
as taxi stand zones.
A.
No taxicab operator shall charge a passenger a fare that is more
than the rates approved by the Common Council of the City of Plattsburgh.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The Common Council may amend the zones, rates and charges set forth
in this chapter by resolution.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Fees for taxicab operator licenses, taxi vehicle licenses and
replacement licenses for operators or vehicles authorized to be issued
by this chapter shall be set from time to time by the Common Council
by resolution.
Violations of this chapter may be prosecuted under this section
in accordance with the following procedure:
A.
A peace officer may, for violations occurring in his presence, issue
a written notice to the owner or operator of a vehicle to appear before
a designated hearing officer and show cause why he should be found
not to be in violation of this chapter.
B.
Upon receipt of a written complaint alleging a violation of this
chapter, the Chief of Police may issue a written notice to the owner
or operator of a vehicle to appear before a designated hearing officer
and show cause why he should be found not to be in violation of this
chapter.
C.
Such written notice shall advise the owner or operator of the section
of this chapter alleged to have been violated, the grounds for believing
a violation has occurred and the date, time and place of the hearing
on the violation which date shall not be sooner than 10 days from
the date such notice is served upon the owner or operator.
D.
Such notices may be served in person on the owner or operator or
by mailing same certified mail, return receipt to the owner or operator
at the address listed on the license issued by the City.
E.
The Mayor shall conduct such hearings.
F.
Testimony at such hearings shall be given under oath. It is not required
that there be a stenographic record of the hearing, but the owner
or operator may arrange for the hearing to be recorded at his expense.
The hearing officer shall determine whether the violation charged
is proven.
G.
Upon finding that a violation of this chapter has occurred, the Mayor
may:
(1)
For one violation, suspend the operator or vehicle license for up
to 30 days.
(2)
For two or more violations committed by the operator or the owner
of a licensed vehicle within the previous 12 months, suspend such
license for up to six months.
(3)
For four or more violations committed by the operator or owner of
a licensed vehicle within the previous 16 months, suspend such license
for up to one year.
H.
A person or vehicle whose license has been suspended shall not be
eligible to receive a new license until the suspension period has
expired.
I.
An operator who fails to remain in compliance with the licensing requirements of § 314-4 shall have his license revoked immediately and shall not be eligible to receive a new license until such licensing requirements are met.
J.
The Mayor's decision shall be reviewable by the Common Council,
provided a notice of appeal is filed with the City Clerk within five
business days of the date of such decision.
Violations of this chapter shall constitute an offense and may
be prosecuted by any police officer in the City Court of the City
of Plattsburgh. Upon conviction the offender shall be fined not more
than $250 for each offense.
