[HISTORY: Adopted by the Board of Trustees of the Village of Babylon
6-12-1956 (Ch. 224 of the 1981 Code). Amendments noted where applicable.]
Unless otherwise expressly stated, as used in this chapter, the following
terms shall have the meanings indicated:
Permission granted by the Village of Babylon to any person to drive
any licensed taxicab upon the streets of such Village.
Any person owning or having control of the use of one or more taxicabs
used for hire upon the streets of the Village of Babylon or engaged in the
business of operating a taxicab.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint stock companies, societies and all other
entities of any kind capable of being sued.
A card on which is printed the tariff rates in the Village of Babylon
as provided by this chapter.
Any street, alley, avenue, court, bridge, lane or public place in
the Village of Babylon.
Any motor vehicle engaged in the business of carrying persons for
hire, whether the same is operated from a street stand or subject to calls
from a garage or residence or otherwise operated for hire, except vehicles
subject to the provisions of the Transportation Corporation Law or used by
undertakers in carrying on their business.
One or more persons employed by an authorized taxi company engaged
in the business of dispatching and assigning taxicab drivers to operate taxicabs
within the Village of Babylon.
[Added 10-11-2005 by L.L. No. 5-2005]
Any person who drives a taxicab, whether such person is the owner
of such taxicab or employed by a taxicab operator.
The permission granted by the Village of Babylon to any person to
operate or keep for hire any specific taxicab in such Village.
Any place alongside the curb of a street, public place or elsewhere,
which is designated and reserved by the Village of Babylon for the use of
taxicabs exclusively.
A.
It shall be unlawful for any person to operate or keep
for hire or pay within the limits of the Village of Babylon any taxicab without
first having obtained and paid for a license for operating or keeping for
pay or hire and having the same in force and effect under the provisions of
this chapter.
B.
Except as provided in Subsection C of this section, the provisions of this chapter relative to the operation of taxicabs and licensing of drivers of taxicabs shall not apply to taxicabs operated from points outside of the limits of the Village of Babylon and to the drivers of such taxicabs, provided that the owner and operator of such taxicabs and the drivers thereof shall have complied with the provisions of the rules, regulations or amendments relative to the operation, equipment of taxicabs with meters and licensing of drivers in force in the municipality or political subdivisions from which such taxicabs shall operate and shall display the taxicab license and driver's license as required thereby.
A.
No person shall operate or cause to be operated any taxicab in
the Village of Babylon without first having obtained a license therefor authorizing
such operation.
B.
The taxicab company as well as the taxicab company dispatcher
will be held responsible for any person who is found in violation of operating
a taxicab without a current taxicab driver's license granted by the Village
of Babylon.
[Added 10-11-2005 by L.L. No. 5-2005]
The Clerk of the Village of Babylon, subject to the approval of the
Board of Trustees and in accordance with the provisions of this chapter, shall
grant a license to operate a taxicab or taxicabs to such person who shall
have filed application therefor in the manner herein described.
[Amended 6-22-2004 by L.L. No. 2-2004; 10-11-2005L.L.
No. 5-2005]
All taxicab driver’s licenses granted by the Village of Babylon
shall expire on August 14. Renewal fee for 2006 will be $35. Renewal fees
for the following years will remain at $25, or as determined by the Board
of Trustees.
[Amended 10-11-2005L.L. No. 5-2005]
Upon application prior to August 15 of each year, the Village Clerk
may renew any license or cause a new license to be issued for the ensuing
year.
[Amended 2-28-1961]
If a taxicab is certified by the operator to be of lawful construction
and in proper condition and in accordance with the provisions of this chapter,
upon the approval of the application and certificate of insurance and the
payment of the license fee hereinafter set forth, the same shall be licensed
by the Village Clerk by delivering to the operator a license and license sticker
in such form as may be prescribed by the Board of Trustees. The license and
sticker shall contain the official license plate number of the taxicab as
issued by the Bureau of Motor Vehicles of the State of New York, together
with the date of license of the same. Such license and sticker shall be signed
by the licensing official. The license sticker shall be of a distinctly different
color each year and the license number assigned hereunder shall, in each case,
be the same as that assigned to the vehicle for that year, pursuant to law.
The sticker shall be affixed to the windshield of the vehicle licensed, adjacent
to the required state certificate and so as not to interfere with the vision
of the driver of the vehicle. Any licensee who defaces, obliterates or changes
any official entry made upon his license or sticker shall have his license
revoked. Should the state license number of a taxicab be changed during the
life of the taxicab license, such change and number shall be immediately reported
by the licensee to the Clerk of the Village of Babylon.
No license may be assigned or transferred.
Change of ownership of or title to any taxicab or taxicabs shall automatically
revoke any license previously granted for the operation of such taxicab or
taxicabs, unless permission for such change of ownership or title is first
given by the Board of Trustees. The purchaser of any such taxicab or taxicabs
may not operate such vehicles as taxicabs until he has applied for and been
granted a new license and paid the fee therefor in the manner provided for
in this chapter.
Whenever the operator sells or transfers title to a motor vehicle or
vehicles used as a taxicab or taxicabs for which a license or licenses have
been granted and, within 30 days after such sale or transfer, purchases another
or other taxicab or taxicabs, the Village Clerk may, upon written application
by the operator within 30 days of such purchase, issue a new license or licenses
for the operation of no greater number of taxicabs than those so sold or transferred,
provided that such owner has complied with all of the provisions of this chapter.
Any operator whose taxicab or taxicabs for which a license or licenses
have been granted have been destroyed involuntarily or who voluntarily destroys
any taxicab or taxicabs may, upon written application to the Village Clerk
within 30 days after such destruction, be issued a new license or licenses
for the operation of no greater number of taxicabs than those so destroyed,
upon satisfactory evidence presented to the Village Clerk of such destruction
and proof that the operator has complied with all of the provisions of this
chapter.
[Amended 6-22-2004 by L.L. No. 2-2004]
Licenses may be suspended or revoked by the Board of Trustees
at any time in case:
A.
The Board of Trustees finds the operator's past record
to be unsatisfactory.
B.
The operator fails to operate the taxicab or taxicabs in accordance
with the provisions of this chapter or amendments thereto.
C.
The operator shall cease to operate any taxicab for a period
of 30 consecutive days without having obtained permission for cessation of
such operation from the Board of Trustees, except as hereinafter provided.
D.
The operator operates the taxicab or taxicabs at a rate of fare
other than that on the rate card displayed in the taxicab and on file with
the Village Clerk.
E.
The Board of Trustees finds that any agreement of sale, conditional
contract of sale or chattel mortgage entered into by the owner is made in
fraud of creditors.
F.
For any other reason which the Board of Trustees may deem warrants
suspension or revocation.
Licenses which shall have been suspended or revoked by the Board of
Trustees after a hearing shall, forthwith, be surrendered with the license
sticker to the Village Clerk, and the operation of any taxicab or taxicabs
covered by such licenses shall cease forthwith. Any operator who shall permanently
retire any taxicab or taxicabs from service and not replace same within 60
days thereof shall immediately surrender any license or licenses granted for
the operation of such taxicab or taxicabs and the license sticker to the Village
Clerk, and said operator must thereafter secure a license or licenses for
the operation of the same or other taxicab or taxicabs in the manner provided
in this chapter.
An application for a license to operate one or more taxicabs shall be
filed with the Village Clerk, on forms provided by the Village Clerk, which
application shall be signed and sworn to by the applicant and contain the
following information:[1]
A.
The name and address of the operator, and in the event
that the operator is a partnership and/or operating under an assumed name,
a certified copy of the certificate of partnership and/or certificate for
doing business under an assumed name filed with the County Clerk shall be
furnished.
B.
The number of vehicles for which a license or licenses
are desired.
C.
The make, type, year of manufacture, serial number, engine
number and passenger seating capacity of each taxicab for which application
for a license is made.
D.
The name and residence of the person to be in immediate
responsible charge of the operation of any such taxicab or taxicabs.
E.
Whether previously licensed to operate a taxicab and,
if so, where.
F.
Whether license or certificate of public convenience
and necessity to operate a taxicab has ever been revoked and, if so, for what
cause.
G.
License plate number issued by Bureau of Motor Vehicles
of the State of New York.
H.
Proof of insurance for vehicle.
I.
Proof of inspection of vehicles.
J.
Such other information as the Board of Trustees may deem
necessary.
[Amended 4-3-1961; 2-9-1962]
The operator of each taxicab which is granted a license to operate in
the Village of Babylon pursuant to this chapter shall pay to the Village Clerk
such sum for each cab so licensed as provided by resolution of the Board of
Trustees adopted from time to time. Such license fee shall be in addition
to and not in lieu of any other license fees or charges established by proper
authority and applicable to taxicabs in the Village of Babylon.
The maximum rates of fare to be charged or taken by any and all persons
licensed under this chapter to carry passengers for hire within the limits
of the Village of Babylon shall be stated on a rate card which shall at all
times be displayed conspicuously in a card frame within the taxicab. A copy
of such rate card shall be placed on file in the office of the Village Clerk.
[Amended 6-26-1962]
The Board of Trustees may, from time to time, by resolution duly adopted,
establish, enlarge, diminish, modify or abolish fare zones within the territorial
limits of the Village.
[Amended 6-26-1962]
A.
The Board of Trustees may, from time to time, by resolution
duly adopted, establish, modify or abolish rates of fares to be charged for
transportation within the established fare zones at various hours during the
day. Upon the adoption of such resolution, a certified copy thereof shall
be sent by registered or certified mail by the Village Clerk to each holder
of a license under this chapter at his address on file in the Clerk's office.
B.
The rates of fares established by said resolution shall be posted and displayed in each taxicab as provided in § 325-16, and thereafter no fare shall be charged for transportation greater than the fare provided by such resolution. Failure to adhere to the rate schedule shall be grounds for the revocation or suspension of the license of the taxicab operator as well as the taxicab driver after a hearing before the Board of Trustees.
[Amended 2-28-1961[1]]
No vehicle shall be licensed until the operator has certified that it
has been thoroughly and carefully examined and found to be in a thoroughly
safe condition for the transportation of passengers, clean, fit, of good appearance
and well painted and varnished. The Board of Trustees shall have the right
to make such examination and inspection before a license is issued or at any
period while the license is in effect. The Village Clerk may refuse to license
a vehicle or, if the license is already issued, revoke or suspend the same
if the licensed vehicle is found to be unfit or unsuited for public patronage.
The taxicab operator shall file with the Village Clerk a certificate
of insurance or a duplicate of insurance policy on each and every vehicle
for which an application is made. Such insurance shall be in conformity with
the requirements of the State of New York as set up in the laws governing
the operation of taxicabs.
[Amended 2-28-1961[1]]
The Board of Trustees shall have the right to inspect or cause to be
inspected at the expense of the operator all taxicabs from time to time or
on complaint of any citizen for the purpose of determining the condition and
fitness of same for public use. Reports in writing of all inspections shall
be promptly filed with the Village Clerk.
The Village Clerk shall keep a register of the name of each person owning
or operating a taxicab licensed under this chapter, together with the license
number and the description and make of such vehicle, with the date and complete
record of inspection made of it. Such record shall be open to the inspection
of the public at all reasonable times.
[Amended 2-28-1961]
The Suffolk County Police Department is hereby authorized to locate
and designate new taxicab stands and to approve and designate existing taxicab
stands subject to the approval of the Board of Trustees. It shall further
designate the number of such taxicabs that shall be allowed to stand at any
of the existing or new places designated by them and shall provide a metal
sign, which shall be attached to a post or stanchion adjacent to such stand
and on which sign shall be placed the number of vehicles allowed on the particular
stand. A permit to operate from such stands, whether existing or new, must
be obtained from the Village Clerk, subject, however, to the approval of and
the right of revocation at any time by the Board of Trustees.
Only taxicabs in such numbers as are set forth on the metal sign may
remain at the stand while waiting for employment, and only in single file,
pointed in accordance with the traffic regulations. No taxicab standing at
the head of any such line shall refuse to carry any orderly person applying
for a taxicab, who agrees to pay the proper rate of fare; but this shall not
prevent any person from selecting any taxicab he may desire on the stand,
whether it is at the head of the line or not. As the taxicabs leave the line
with passengers, those behind shall move up, and any taxicab seeking a space
on the stand shall approach the same only from the rear of the stand and shall
stop as near as possible to the last taxicab on the stand. No taxicab shall
stand within 10 feet of any crosswalk. No vehicle shall occupy a stand unless
a permit therefor has been issued by the Village Clerk. Applications for permits
to occupy a stand shall designate the stand and shall be made in writing to
the Village Clerk by the owner upon forms prescribed by the licensing official.
No driver shall cruise in search of passengers at any time. Whenever
a taxicab is unoccupied, the driver shall proceed at once by the most direct
route to the garage where the vehicle is housed or to its authorized stand.
Every driver of a taxicab, immediately after the termination of any
hiring or employment, must carefully search such taxicab for any property
lost or left therein, and any such property must be immediately deposited
with the operator. Any such property must be held, maintained and disposed
of according to law.
No owner, driver or any other person shall solicit patronage of persons
assembled at the terminal of any other common carrier nor at any intermediate
points along any established route of such carrier when such persons have
assembled for the purpose of using the service of said common carrier. Nothing
herein contained shall be construed to prohibit or interfere with response
to any call for a taxicab made by signal from a pedestrian.
A.
Every operator of a taxicab or taxicabs shall at all
times keep the inside of the cab operated by him in a clean and sanitary condition
and shall at least once each day thoroughly clean the inside of such taxicab.
B.
Every operator of a taxicab shall provide windows in
the tonneaus of each taxicab sufficient in number and of such size and dimensions
that at all times persons may be readily seen with sufficient distinctness
to be identified.
C.
Every operator of a taxicab shall furnish tire chains
or snow tires for each such vehicle, and every driver shall use chains or
snow tires on both rear wheels when there is snow or ice on the pavement.
[Amended 11-30-1981 by L.L. No. 18-1981]
D.
No operator or driver of a taxicab shall at any time
so fasten or lock the doors of a taxicab that it is impossible for a passenger
to open the same from the inside. Every operator shall provide means for unfastening
doors of taxicabs so that such doors may be readily opened on the inside by
a passenger.
E.
Changes of address of operator or driver shall be reported
to the Precinct Commander of the Suffolk County Police Department and the
Village Clerk in writing within three days.
[Amended 2-28-1961]
F.
Driver's license required. A taxicab duly authorized
to be operated under the provisions of this chapter shall be driven and operated
only by a duly licensed driver who shall have obtained and paid for and have
in force and effect a driver's license under the provisions of this chapter.
G.
Application for driver's license. Each applicant for
a driver's license must comply with the following to the satisfaction of the
Board of Trustees:
(1)
Produce and exhibit a state chauffeur's license.
(2)
Proof that he is of the age of 21 years or over.
(3)
Furnish a certificate from a duly licensed doctor of
medicine, dated within 30 days of the application to the effect that applicant
is of sound physique with good eyesight and not subject to epilepsy, vertigo,
heart trouble or any other infirmity of body or mind which might render him
unfit for the safe operation of a public vehicle.
(4)
Proof of ability to read and write the English language.
(5)
Be clean in dress and person and not addicted to the
use of intoxicating liquor or drugs.
(6)
Produce affidavits of good character from two reputable
citizens who have known him personally for at least one year next preceding
the date of his application.
(7)
Fill out upon a prescribed form to be provided by the
Village Clerk a statement giving his full name, residence, places of residence
for five years previous to moving to his present address, age, color, height,
color of eyes and hair, place of birth, length of time he has resided in his
present address, whether a citizen of the United States, places of previous
employment, whether married or single, whether he has ever been arrested or
convicted of a felony or misdemeanor, whether he has been summoned to court,
whether he has been previously licensed as a driver or chauffeur and, if so,
whether his license has ever been revoked, and for what cause, and the number
of the chauffeur's license issued by the state, which statement shall be signed
and sworn to by the applicant and filed with the Village Clerk as a permanent
record. Proof of false statements of a material fact by the applicant for
a driver's license shall be grounds for revocation. The Village Clerk is hereby
authorized and empowered to require such additional information as he may
deem necessary, and all proofs required by this subsection shall be annexed
to the application and be retained by the Village Clerk.
H.
Examination of drivers. Applicants may be required to
submit to such tests relating to driving knowledge and skill as the Board
of Trustees may determine.
I.
Photograph of driver. Each applicant for a driver's license
must file with his application three unmounted, unretouched photographs of
himself of a type and size as approved by the Board of Trustees, taken within
the 30 days preceding the filing of his application. One photograph shall
be attached to the license when issued, and the others shall be filed with
the application.
J.
Investigation of drivers. Every applicant for a driver's
license shall be investigated by the Suffolk County Police Department or any
state or federal agency the Board of Trustees may from time to time designate.
In connection with this investigation, every applicant shall file with his
application impressions of all fingers upon forms furnished by the Suffolk
County Police Department or any state or federal identification agency, taken
under the supervision of such department or agency. Whenever fingerprint identification
services are not available to applicants, the Board of Trustees may waive
the requirement. Applications, with photograph and fingerprint impressions
when available, shall be forwarded to the Precinct Commander of the Suffolk
County Police Department, or other appropriate bureau or section of that Department
or any state or federal agency designated by the Board of Trustees, for examination
of available criminal records. Until the receipt, in writing, of a report
of the investigation with respect to the applicant, and the same has been
approved by the Board of Trustees, no license shall be issued by the Village
Clerk under the provisions of this chapter. Until the report of the investigation
has been received, the Village Clerk, upon authorization of the Board of Trustees,
may issue a temporary license for a period not to exceed 20 days and renew
the temporary license for additional periods of 20 days. It is the intent
of this subsection, that the Board of Trustees, in passing upon applications,
may use and rely upon the fingerprinting and identification services and reports
of the Suffolk County Police Department or any state or federal agency available
to them in determining the background, fitness and desirability of the applicant.
[Amended 12-14-1971]
K.
Form and terms of driver's license. Upon satisfactory
fulfillment of the foregoing requirements, the Village Clerk shall issue to
the applicant a license in such form as to contain a photograph and signature
of the licensee and blank spaces upon which a record may be made of any arrest
or serious complaint against him. Each license shall be stamped by the Seal
of the Village of Babylon upon at least a portion of the photograph. All licenses
shall be numbered in the order in which they are issued and shall contain
the name and place of residence of the licensee and the dates of issuance
and expiration of the license. Any licensee who defaces, removes or obliterates
any official entry made upon his license shall be punished by the revocation
of his license. Driver's licenses shall expire on March 14 in each year, unless
previously suspended or revoked. If an extraordinary public emergency arises
affecting transportation of the public upon the streets within the Village,
temporary permits may be issued by the Village Clerk under such terms and
conditions as the Board of Trustees provides.
L.
Driver's badges. There shall be delivered to each licensed
driver a metal badge, of such form and style as the Board of Trustees may
prescribe, with his license number thereon, which must, under penalty of revocation
of the license, be constantly and conspicuously displayed on the outside of
the driver's garment when he is engaged in his employment. This badge is to
remain the property of the Village of Babylon and shall be returned as herein
provided for.
M.
Renewal of driver's license. A driver, in applying for
a renewal of his license, shall make application not less than 30 days next
preceding its expiration, on a form to be furnished by the Village Clerk,
which shall consider such application and, if found satisfactory, shall issue
the driver's license for the current year upon payment of license fee.
N.
Fee for driver's license. The license fee to be paid
for an annual driver's license shall be such sum as provided by resolution
of the Board of Trustees adopted from time to time.
[Amended 4-1-1961]
O.
Suspension or revocation of driver's license. A driver's
license may be suspended or revoked for cause after a hearing by the Board
of Trustees. When the license is suspended or revoked, the driver's license
and badge shall be returned to the Suffolk County Police Department, and such
suspension, together with the reasons therefor, shall be noted on the license.
[Amended 2-28-1961]
P.
Record of driver's license. There shall be kept in the
office of the Village Clerk a complete record of each license issued to a
driver and of all renewals, suspensions and revocations thereof, which record
shall be kept on file with the original application of the driver for a license.
Q.
Payment of fares. Every driver of a taxicab shall have
the right to demand payment of the legal fare in advance and may refuse employment
unless so prepaid, but no driver of a taxicab shall otherwise refuse or neglect
to convey any orderly person or persons upon request anywhere in the Village,
unless previously engaged or unable to do so.
R.
It shall be unlawful for any such driver to solicit or
procure or to aid or assist in soliciting or procuring any person to ride
in a licensed taxicab with the intent to commit any unlawful act therein or
at any time during the voyage or the termination thereof, whether within the
vehicle or not.
S.
Limitation of number of taxicabs. The Board of Trustees
may, by resolution duly adopted, from time to time limit the number of taxicabs
which may be licensed under this chapter at any time or from time to time.
[Added 4-28-1964]
A.
Any person committing an offense against any provision
of this chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, 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.
[Amended 11-30-1981 by L.L. No. 18-1981]
B.
In addition or as an alternative to the above-provided
penalties, the Board of Trustees may also maintain an action or proceeding
in the name of the Village in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of this chapter.
[Amended 11-30-1981 by L.L. No. 18-1981]
C.
Suspension and revocation of license. 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 Board of Trustees, after a public hearing,
may, in its discretion, suspend or revoke a license granted under any provision
of this chapter, pending or in advance of the criminal prosecution of the
licensee.
