City of Mount Vernon, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Mount Vernon 12-26-1968 as Ch. 42 of the General Ordinances, approved 12-27-1968. Amendments noted where applicable.]
GENERAL REFERENCES
Taxicab Commission — See Ch. 238.
Vehicles and traffic — See Ch. 256.
Unless otherwise expressly stated, whenever used in this chapter, the following words and phrases are defined as follows:
CITY LIMITS
Those boundary lines of the City of Mount Vernon appealing on the Official Map of the City of Mount Vernon, a copy of which is on file in the City Clerk's office.
[Added 6-11-1980, approved 6-12-1980]
DEPUTY POLICE COMMISSIONER
The Deputy Police Commissioner of Public Safety of the City of Mount Vernon.
DRIVER'S LICENSE
Permission granted by the City to a person to drive a licensed taxicab upon the streets of the City.
OPERATOR
Any person properly licensed under this chapter who owns, controls or operates one or more taxicabs licensed in the City of Mount Vernon.
PLACE OF BUSINESS
Any premises used for the purpose of operating and/or dispatching, by any means, taxicabs for hire within the City of Mount Vernon.
POLICE COMMISSIONER
The Commissioner of the Department of Public Safety of the City of Mount Vernon.
RATE CARD
The card on which is printed the rates of the established taxicab fares and taxicab license number.
TAXICAB
Any motor-driven vehicle, including but not limited to a van-type vehicle, engaged in the business of carrying passengers for hire, which shall not transport more than six persons, including the driver.
[Amended 10-12-1977, approved 10-13-1977]
TAXICAB DRIVER
Any person properly licensed to drive a taxicab, whether such person be the owner of such taxicab or employed by the owner of such taxicab.
TAXICAB LICENSE
A license issued by the City of Mount Vernon permitting the licensee to own, operate or control a taxicab in the City of Mount Vernon.
TAXICAB STAND
Any designated area along the curb on a public highway for the use of taxicabs offered for hire.
ZONE
A geographic area located within the City of Mount Vernon designated for the purpose of determining taxicab fares.
[Added 6-11-1980, approved 6-12-1980]
A. 
That area of the City located between and inclusive of the south side of Fifth Street on the north and the City limit bordering the City of New York, Bronx County, on the south. The northern border of Zone One shall be and include the south side of Fifth Street running westerly to the City limit bordering the City of New York, Bronx County, and running easterly to the City limit bordering the Town of Pelham. The southern border shall be and include the City limit bordering the City of New York, Bronx County.
B. 
That area of the City located between and inclusive of the south side of Lincoln Avenue on the north and the north side of Fifth Street on the south. The northern border of Zone Two shall be and include the south side of Lincoln Avenue running westerly to the City limit bordering the Town of Pelham and running westerly up to and including the south side of Howard Street, running through North MacQuesten Parkway to the City limit bordering the City of Yonkers. The southern border of Zone Two shall be and include the north side of Fifth Street running westerly to the City limit bordering the City of New York, Bronx County, and running easterly up to and including the east side of Hutchinson Avenue to the south side of the corner of East Third Street and Hutchinson Avenue to the City limit bordering the Town of Pelham.
C. 
That area of the City located between and inclusive of the City limit bordering the Village of Bronxville on the north and the north side of Lincoln Avenue on the south. The northern border of Zone Three shall be and include the City limit bordering the Village of Bronxville. The southern border of Zone Three shall be and include the north side of Lincoln Avenue running easterly to the City limit bordering the Town of Pelham and running westerly up to and including the north side of Howard Street, running through and including the west side of North MacQuesten Parkway at the westerly corner of Howard Street, running through to the City limit bordering the City of Yonkers.
[Amended 3-26-2003, approved 3-27-2003]
A. 
The City Clerk is authorized, upon payment of the requisite fee as hereinafter provided in this chapter, to issue drivers' licenses and taxicab licenses, sealed with the corporate seal of the City and countersigned by the Commissioner of Public Safety, to such applicants as shall procure the approval in writing of the Commissioner of Public Safety or his designee in conformity with the provisions of this chapter.
B. 
Taxicab licenses shall not be sold.
C. 
All available unassigned taxicab licenses will be distributed according to the Commissioner of Public Safety's waiting list as prescribed under § 237-2.2.
D. 
Operators who have four or more valid taxicab licenses may transfer all taxicab licenses to another operator, providing that such person meets all the requirements under this chapter and the operator has no outstanding fines and/or judgments against any taxi company owned by the operator.
[Amended 3-25-2009, approved 3-26-2009]
E. 
Upon approval, a taxicab license must be validated within 10 days and in service within 45 days.
[Added 1-27-1993, approved 1-28-1993]
A. 
It shall be unlawful for any person to drive a taxicab, licensed pursuant to § 237-14 of this chapter, unless such person is at least 18 years of age and has first obtained a taxicab driver's license pursuant to this chapter.
B. 
It shall be unlawful for any operator or licensee to permit any person to operate a taxicab licensed pursuant to § 237-14 of this chapter, unless such person is at least 18 years of age and has first obtained a taxicab driver's license pursuant to this chapter.
[Added 3-25-2009, approved 3-26-2009]
[Added 3-26-2003, approved 3-27-2003]
A. 
The Commissioner of Public Safety or his designee shall maintain a waiting list of all taxi license applicants under this section. The list will be maintained in chronological order of applications as filed. All applications shall be date-time stamped or otherwise endorsed with the time of filing thereon, and the receipts for such applications shall be furnished to the applicants.
B. 
No applicant may have more than one application on the waiting list maintained pursuant to this section.
C. 
Where a taxicab owner or car for hire owner whose name appears on the waiting list applied for the transfer of any other taxicab, issued under this section, his application shall be removed from the waiting list and cancelled.
D. 
Where licenses become available for issue, such issuance of licenses shall be made in chronological order from the waiting list to persons qualified to be granted a license. Said applicant shall be notified by certified mail and shall have 10 days to claim the assigned license.
E. 
The Commissioner shall announce by publication, in the official newspaper of the City or such other methods as he deems advisable, the availability date for applications for taxi licenses. Said applications shall not be acted upon until the Commissioner is satisfied that the applicant meets all requirements of this section.
A. 
Every applicant for a driver's license shall fulfill the following requirements to the satisfaction of the Commissioner of Public Safety or his designee prior to the issuance of a license:
(1) 
Be duly licensed as a chauffeur by the Motor Vehicle Department of the State of New York.
(2) 
Be 18 years of age or over.
[Amended 3-10-1976, approved 3-11-1976]
(3) 
Be of sound mind and body and not subject to epilepsy, vertigo, heart disease or any other infirmity of mind or body which might render the applicant incapable of safely operating such vehicle.
(4) 
Be able to read and write intelligibly the English language.
(5) 
Be clean in dress and person and not addicted to the use of intoxicating liquor or drugs.
(6) 
Not have been convicted of a felony nor any crime involving violence, dishonesty, deceit, indecency, degeneracy or moral turpitude.
(7) 
Be of good character and reputation.
(8) 
Complete, sign and file a sworn statement on such form or forms as shall be required by the Commissioner of Public Safety, showing compliance with the requirements hereinabove set forth and such other information as shall be deemed necessary and reasonable by the Commissioner of Public Safety in the interests of the public safety, health and welfare.
B. 
Every applicant shall furnish affidavits attesting to good character, reputation and fitness of the applicant from two reputable citizens of the City not related to the applicant by blood or marriage and who have known the applicant personally and have observed his conduct for at least one year prior to the date of the filing of said application, and an additional affidavit attesting to good character and fitness of the applicant executed by his employer. The provisions of this subsection may be waived by the Commissioner of Public Safety in his discretion.
Each applicant for a driver's license may be required to undergo tests of his driving ability and knowledge of the geography of the City of Mount Vernon.
Every applicant shall file with his application three unmounted, unretouched photographs of the applicant in such positions as the Commissioner of Public Safety may direct. The photographs shall have been taken within 30 days preceding the filing of the application. They shall be of the size which permit being easily attached to the license when issued. The photographs shall be so attached to the license as to prevent removal and the substitution of another photograph without detection. The license, with photographs attached, so long as the licensee is driving or in charge of the taxicab, shall be conspicuously displayed in the taxicab as hereinafter provided. If the application for a license is denied, two copies of the photograph shall be returned to the applicant.
[Amended 7-11-1979, approved 7-12-1979; 4-13-1989, approved 4-13-1989]
Every applicant for a license shall file, together with the application, fingerprints of both hands. The fingerprints shall be placed upon cards provided by the Commissioner of Public Safety and shall be taken under his/her supervision by a senior police officer, and at such a place as the Commissioner shall designate. The Commissioner of Public Safety shall have the authority to submit the fingerprints of the applicant, together with the required fees, to the Division of Criminal Justice Services or other appropriate agency for processing and investigation. No application for a taxicab license shall be approved nor any license issued under the provisions of this chapter until after the commanding officer of the Bureau of Criminal Identification in the Department of Public Safety has reviewed and examined the criminal history record information disseminated by the Division of Criminal Justice Services. No license shall be granted to any applicant who has been convicted of any felony or any misdemeanor involving violence, dishonesty or deceit.
[Amended 1-26-1977, approved 1-27-1977]
Upon satisfactory fulfillment of the foregoing requirements, the Commissioner of Public Safety shall issue a certificate certifying that the applicant is entitled to a driver's license. Upon presentation of the certificate to the City Clerk, he shall issue a license containing the photograph and signature of the licensee and spaces for recording any arrest or serious complaint. Each license shall be sealed with the City Seal, and such seal shall be so impressed so that part of same shall be impressed upon the photograph. All licenses shall be numbered in the order in which they are issued and shall include the dates of issuance and expiration. Any defacing, removing, altering or obliteration of an official entry made upon such license shall be cause for revocation. The license shall be issued as of May 1 of each year and shall be valid to and including April 30 next succeeding, unless previously suspended or revoked. All licenses issued on or after January 1, 1977, shall expire on April 30, 1977, and the fees for renewal of such licenses as of May 1, 1977, shall be prorated for the period May 1, 1977, to April 30, 1978.
The Commissioner of Public Safety or Deputy Commissioner of Public Safety may, by appropriate endorsement of a driver's license, certify to the City Clerk that such driver is entitled to a renewal of his license. The application for renewal shall be made not less than 30 days prior to its expiration on a form to be provided by the Commissioner of Public Safety, containing such data and photographs as he shall deem necessary and appropriate.
The Commissioner of Public Safety or the Deputy Commissioner of Public Safety may disapprove an application for a driver's license if he determines that:
A. 
The applicant has made a material false statement or concealed a material fact relating to his application; or
B. 
The applicant has failed to meet any of the requirements and qualifications provided in § 237-3 of this chapter.
A. 
The Commissioner of Public Safety or the Deputy Commissioner of Public Safety may suspend or revoke a driver's license and may refuse to approve an application for a renewal thereof for any of the following reasons:
(1) 
The conviction of the licensee of a felony or of any crime involving violence, dishonesty, deceit, indecency, degeneracy or moral turpitude.
(2) 
The licensee has made a material false statement or concealed a material fact in connection with the application for a driver's license or renewal thereof.
(3) 
The licensee has violated any of the provisions of this chapter.
B. 
Any suspension shall be noted on the driver's license, together with a statement of reasons therefor, and the driver shall surrender the driver's license and badge to the Commissioner of Public Safety or the Deputy Commissioner of Public Safety. The driver's license, badge and a memorandum of the suspension shall be sent forthwith to the City Clerk.
C. 
Hearing; appeal; rehearing.
[Amended 11-8-2000, approved 11-9-2000]
(1) 
Hearing. Except where a refusal to approve an application for a driver's license or a taxicab license or an application for a renewal thereof, or where revocation or suspension of such license is based solely on a judicial conviction or convictions, a licensee or applicant shall have an opportunity to be heard. Such hearing shall be held by the Commissioner of Public Safety or the Deputy Commissioner of Public Safety at such time and place as he shall prescribe. A license, however, may be temporarily suspended, without notice, pending any criminal proceeding, investigation or hearing. A licensee or applicant entitled to a hearing shall be given due notice thereof in writing and shall have the right to be represented by counsel.
(2) 
Appeal. Appeals, determinations of appeals and rehearings, under this section, shall be governed by §§ 238-3 and 238-4 of this Code.
D. 
Any licensee with outstanding fines and/or judgments.
[Added 3-25-2009, approved 3-26-2009]
The City Clerk and the Police Department shall maintain a complete record of each driver's license and all renewals, suspensions and revocations thereof, which record shall be filed with the original application for a driver's license.
[Amended 5-8-1991, approved 5-9-1991; 3-13-2002, approved 3-14-2002]
Every licensed driver shall be issued a metal badge of such form and style as the City Clerk shall prescribe, with the license number thereon in plain figures and containing the words "Licensed Cab, City of Mount Vernon" beneath such number. Under penalty of revocation of the license, the badge must be constantly and conspicuously displayed on the outside of the driver's outer garment when such licensee is engaged in his employment. Upon delivery of such badge, the licensee shall pay to the City Clerk the sum of $10 therefor, which sum shall be returned to the licensee upon its surrender to the City Clerk. No driver shall permit any other person to wear the badge issued to that driver.
A driver licensee shall:
A. 
Be clean in dress.
B. 
Not be addicted to drugs or intoxicating liquors.
C. 
Not engage in any illegal or criminal act.
D. 
Not permit the taxicab to be used for an indecent or unlawful purpose.
E. 
Be courteous to passengers and others.
F. 
Upon request made by a passenger, prospective passenger or police officer, give his/her name and badge number and the name and address of his/her employer, if any.
[Amended 5-8-2002, approved 5-9-2002]
G. 
Not use the identification card of another driver or permit anyone to use his identification card.
H. 
Not change, deface or conceal in any manner any entries on his identification card or rate card.
I. 
Not sit in any part of his vehicle except the driver's section and not permit anyone who is not a passenger to sit in the vehicle except under emergency conditions.
J. 
Cooperate with law enforcement officers in the performance of their duties and report immediately to the Police Department any person attempting to use his vehicle in connection with a crime or escape from the scene of a crime.
K. 
Not blow any horn, shout or yell while waiting for employment at any public stand.
L. 
Not operate a taxicab while his taxicab driver's license is suspended or revoked.
M. 
Not operate a taxicab while his driver's license issued by the State of New York is suspended or revoked.
N. 
Be responsible for his identification card and immediately report its loss to the Police Department and City Clerk.
O. 
Report a change of address to the Police Department not later than 72 hours after moving, by mail or in person.
P. 
Answer as directed all communications and summonses issued by the Police Department. He shall answer all pertinent questions directed to him at any hearing when his presence is requested. He shall bring and present to the Commissioner of Public Safety or the Deputy Commissioner of Public Safety his identification card, chauffeur's license, badge and manifest. If owner or operator, he shall include the rate card assigned to the vehicle involved.
Q. 
Immediately after the termination of any hiring or employment, carefully search the taxicab for any property lost or left therein, and any such property, unless sooner claimed or delivered to the owner, must immediately be taken to police headquarters and deposited with the officer in charge.
R. 
Not permit additional passengers to enter the taxicab other than the passenger or passengers originally engaging his taxicab without the consent of such original passenger or passengers. Passengers shall be transported to their destination in the order in which they engaged the taxicab and by the most direct route.
S. 
Not refuse or cause or permit to be refused any orderly passenger at a taxicab stand or place of business requesting service.
T. 
Not park his vehicle at a place other than a designated taxicab stand or place of business while awaiting employment.
U. 
Not cruise about the City seeking passengers.
V. 
Maintain a daily manifest which shall include the following information:
[Amended 3-26-2003, approved 3-27-2003]
(1) 
The make, year and registration number of the vehicle.
(2) 
The name and badge number of driver.
(3) 
The time the vehicle commences operation.
(4) 
A record of all trips made in chronological order, showing the destination, the time dispatched and the time returned and the amount of fare.
(5) 
A statement of the licensee that vehicle is clean and in safe operating condition.
(6) 
In the event of an accident, the driver must report the time and place of the accident on the manifest and record any other unusual occurrence such as lost property, assistance to the police, etc.
(7) 
At the close of each shift, such manifest shall be preserved in accordance with the provisions of this chapter.
W. 
Make seat belts available at the request of the passengers.
[Added 3-13-2002, approved 3-14-2002]
X. 
No taxicab driver shall make, display or produce a copy of his taxicab driver's license.
[Added 3-26-2003, approved 3-27-2003]
Y. 
Upon the request of a passenger, the driver must activate the air-conditioning system of the taxicab for passenger comfort.
[Added 8-13-2003, approved 8-14-2003]
It shall be unlawful for any person to drive, operate or keep for hire or pay, or cause or permit any person to drive, operate or keep for hire or pay, any taxicab within the City unless the vehicle has been duly licensed for such purpose pursuant to this chapter.
A. 
There shall be one class of taxicab license issued: Class A license shall be issued only for a motor vehicle registered as "taxicab" by the Motor Vehicle Department, State of New York, pursuant to § 148-a of the Vehicle and Traffic Law,[1] and said vehicle bears a New York State Safety and Emission Certificate sticker secured from the Department of Motor Vehicles by an official inspection station and affixed to the vehicle as prescribed by the Commissioner's regulations to evidence satisfactory completion of the inspection of that vehicle in compliance with Article V of the Vehicle and Traffic Law. The receipt of such inspection must be retained and kept on file for review upon the request of the Department of Public Safety.
[Amended 3-25-1992, approved 3-26-1992[2]; 8-13-2003, approved 8-14-2003]
[1]
Editor's Note: Said § 148-a was repealed by L. 1991, c. 165, § 47, eff. Oct. 1, 1991.
[2]
Editor's Note: This amendment also repealed former Subsections A(2) and C, regarding Class B licenses, and redesignated former Subsection A(1) as Subsection A and former Subsections D and E as Subsections C and D, respectively.
B. 
It shall be unlawful for any vehicle other than a taxicab issued a Class A license to operate from or park in a public taxicab stand.
C. 
All licenses shall be issued as of the first day of May of each year and shall expire on the 30th day of April next succeeding, unless sooner revoked or suspended. All licenses issued on or after January 1, 1977, shall expire on April 30, 1977, and the fees for renewal of such licenses as of May 1, 1977, shall be prorated for the period May 1, 1977, to April 30, 1978.
[Amended 1-26-1977, approved 1-27-1977]
D. 
The foregoing provisions shall not be deemed to apply to vehicles registered as an "omnibus" by the Department of Motor Vehicles of the State of New York pursuant to § 148-a of the Vehicle and Traffic Law of the State of New York[3] and used or intended for use or hire exclusively for the purpose of transporting persons in weddings or funerals.
[Added 3-10-1971, approved 3-11-1971]
[3]
Editor's Note: Said § 148-a was repealed by L. 1991, c. 165, § 47, eff. Oct. 1, 1991.
Application for taxicab licenses shall be made by the owner on forms to be furnished by the Commissioner of Public Safety. The completed application shall contain:
A. 
The name, age and residence of the person, or equivalent particulars describing the business entity, applying for the license and what, if any, previous experience the applicant has had in such business.
B. 
The name, age and residence of the person or persons to be in immediate charge of the taxicab.
C. 
The make of the motor vehicle, the year, engine and body serial numbers, state registration number, length of time the vehicle has been driven and the seating capacity according to its trade rating.
D. 
Whether previously licensed to operate a taxicab in the City or elsewhere and, if so, the particulars relating thereto.
E. 
Whether any license to operate a taxicab has ever been revoked or suspended and, if so, the particulars relating thereto.
F. 
Every applicant for a license shall file, together with the application, fingerprints of both hands. The fingerprints shall be placed upon cards provided by the Commissioner of Public Safety and shall be taken under his/her supervision by a senior police officer, and at such a place as the Commissioner shall designate. Fingerprinting shall be required of the following: individual applicants, all members of partnerships and officers of corporations. An additional fee as provided by the City of Mount Vernon Code § 126-2.2 shall be charged for each set of fingerprints and other such fees as required by the New York State Division of Criminal Justice Services. The Commissioner of Public Safety shall have the authority to submit the fingerprints of the applicant, together with the required fees, to the Division of Criminal Justice Services or other appropriate agency for processing and investigation. No application for a taxicab license shall be approved nor any license issued under the provisions of this chapter until after the commanding officer of the Bureau of Criminal Identification in the Department of Public Safety has reviewed and examined the criminal history record information disseminated by the Division of Criminal Justice Services. No license shall be granted to any applicant who has been convicted of any felony or any misdemeanor involving violence, dishonesty or deceit.
[Added 4-13-1989, approved 4-13-1989; 3-13-2002, approved 3-14-2002]
G. 
Every applicant for a license shall file a clearance form issued by the Mount Vernon Parking Ticket Collections Department, stating that the vehicle has no outstanding parking summonses.
[Added 3-13-2002, approved 3-14-2002[1]]
[1]
Editor's Note: This ordinance also provided for the renumbering of former Subsection G as Subsection H.
H. 
Such other or additional information as the Commissioner of Public Safety may deem necessary and appropriate.
[Amended 4-23-1980, approved 4-24-1980; 6-11-1980, approved 6-12-1980; 5-8-1991, approved 5-9-1991; 1-24-2001, approved 1-25-2001; 3-13-2002, approved 3-14-2002; 3-26-2003, approved 3-27-2003]
No taxicab license shall be issued, transferred nor validated until the vehicle has been inspected and found to be completely safe and operable for transporting passengers. All taxicabs shall be four-door passenger vehicles with properly working seat belts available for each passengers.
A. 
All licenses under this chapter shall pay an inspection fee of $25 on May 1 of each year and an inspection fee of an additional $25 on November 1 of each year.
B. 
Nothing in Subsection A of this section shall prevent the Commissioner of Public Safety or his designee from inspecting such vehicles at such times and places as he shall determine, and all such vehicles shall be made readily available to him or his designee for such inspection upon demand.
C. 
Effective November 1, 2001, all taxicabs shall be equipped with an operable distress light system and shall be inspected for such operable distress light system in accord with this section and § 237-20 of this chapter.
D. 
Effective April 1, 2002, all taxicabs shall be equipped with a bullet-resistant partition existing between the taxicab driver and rear passenger(s) and shall be inspected for such bullet-resistant partition in accord with this section and § 237-20 of this chapter.
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 approval of application, the Commissioner of Public Safety shall issue to the applicant a certificate certifying that the applicant is entitled to the appropriate taxicab license for such vehicle. Upon presentation, the City Clerk shall issue a prescribed license containing the official license number of the taxicab.
[Amended 3-13-2002, approved 3-14-2002; 3-26-2003, approved 3-27-2003]
The taxicab license, the rate card and the driver's license must be displayed at all times in the interior of the taxicab in a card frame of a sufficient size, to be located on the Plexiglas partition, facing the rear seat passengers. The frame shall be covered with glass or Plexiglas material and sufficiently illuminated by an electric bulb at all times whenever the taxicab is in service so that the licenses and rate card are clearly legible for the passengers in the taxicab.
[Amended 8-13-2003, approved 8-14-2003]
The Commissioner of Public Safety shall assign police officers who shall inspect all taxicabs to assure that they are kept in condition of fitness for proper and safe use. Appropriate endorsements shall be made upon the license card showing the date of each inspection. Written reports of all inspections shall be filed with the City Clerk and Department of Public Safety. If the vehicle does not pass the inspection, the owner shall correct the condition within five days and present the vehicle for reinspection by the Department of Public Safety.
The Commissioner of Public Safety may disapprove an application for a taxicab license if, in his discretion, he determines that:
A. 
The applicant has made a material false statement or concealed a material fact in connection with his application;
B. 
The applicant, any officer, director, stockholder or partner, or any other person directly or indirectly interested in the application was the former holder, or was an officer, director, stockholder or partner in a corporation or partnership which was the former holder of a taxicab license which had been revoked or suspended;
C. 
The applicant or any officer, director, stockholder, partner, employee or any other person directly or indirectly interested in the application has been convicted of a felony or any crime involving violence, dishonesty, deceit, indecency, degeneracy or moral turpitude; or
D. 
The applicant is not the true owner of the vehicle or the taxicab business.
[Amended 3-25-1992, approved 3-26-1992]
E. 
For any reason which, in the opinion of the Commissioner of Public Safety, may be deemed detrimental to the best interest of the general public both in welfare and safety.
[Amended 3-25-1992, approved 3-26-1992]
A. 
A taxicab license may be revoked or suspended at any time for cause, after a hearing by the Commissioner of Public Safety, or designee, if the vehicle shall have been knowingly used for any immoral or illegal purpose, or for the violation of any of the provisions of this chapter, or other law governing the operation or maintenance of motor vehicles, or if the licensee was negligent in preventing same. In the event of the suspension or revocation of the license, the license card shall be seized by the Commissioner of Public Safety or designee. A licensee shall be provided with written notice of such hearing, the reason therefor, and shall have the right to be represented by counsel. The provisions for review enumerated under § 237-10C of this chapter shall apply to this section.
[Amended 3-28-2012, approved 3-29-2012]
B. 
Cancellation of license for nonuse. Failure of the owner of a taxicab license to operate a licensed vehicle in the City of Mount Vernon for at least 28 hours per week over the course of a seven-month period per calendar year may result in license cancellation by the Commissioner of Public Safety. Periods of taxicab operation where the paid trip either originates or terminates in the City of Mount Vernon pursuant to this chapter shall be credited as operating time under this chapter.
[Added 10-26-1988, approved 10-27-1988; amended 3-26-2003, approved 3-27-2003]
C. 
Failure to produce manifest records. Failure of an operator to produce the manifest records required under § 237-13V at any hearing provided for hereunder shall be deemed sufficient proof of a charge of inadequate use of the license, subject to rebuttal by other evidence produced by the licensee at the hearing provided in this chapter.
[Added 3-26-2003, approved 3-27-2003]
The City Clerk shall keep a register of the persons owning or operating a taxicab licensed under this chapter, together with the license number, the description of the vehicle and the date and complete record of each inspection. These records shall be available for public inspection at all reasonable times. The Commissioner of Public Safety or the Deputy Commissioner of Public Safety shall promptly file with the City Clerk records of all applications, suspensions or revocation of licenses, all inspections of taxicabs and all complaints against owners or drivers.
[Amended 3-26-2003, approved 3-27-2003]
A. 
Each vehicle shall be submitted for inspection as required by the Commissioner of Public Safety or the Commissioner's designee.
B. 
Every vehicle shall be clean, well painted and in good appearance (interior and exterior).
C. 
The baggage compartment of every vehicle shall be clean and capable of holding passengers' baggage.
D. 
Taxicab licensees shall make such repairs and alterations as required to maintain proper standards for comfort and safety.
E. 
Taxicab licensees shall replace taxicabs where it appears that the vehicle or vehicles no longer meet the reasonable standards of safe operation.
F. 
Taxicab licensees shall maintain a daily manifest upon which shall be recorded, at the beginning of each day, that after inspection the vehicle is found to be in clean and in safe operating condition. This recording must be signed by the licensee or, in his absence, an authorized agent.
G. 
Taxicab licensees shall keep an accurate record of repairs made to each vehicle, including the date, the length of time the vehicle was out of service and the name and address of the company making the repairs.
H. 
Every taxicab licensee shall record on the daily manifest the disabling of a vehicle while in service. The entry shall include the date, time, place and cause of disability and the time the vehicle was returned in service.
I. 
No licensee shall permit a vehicle to be dispatched unless it is equipped with the following items:
(1) 
Manifest.
(2) 
Rate card.
(3) 
Driver's identification card.
J. 
Every taxicab licensee shall provide the drivers with a manifest and shall require the following entries to be recorded thereon:
(1) 
The make, year and registration number of the vehicle.
(2) 
The name and badge number of driver.
(3) 
The time the vehicle commences operation.
(4) 
A record of all trips made in chronological order, showing the destination, the time dispatched and the time returned and the amount of fare.
(5) 
A statement of the licensee that vehicle is clean and in safe operating condition.
(6) 
When involved in an accident, the driver must report the time and place of incident on the manifest and record any other incident such as lost property, assistance to the police, etc.
K. 
A taxicab licensee shall report immediately to the Police Department any vehicle under his control that has been involved in an accident.
L. 
All manifests shall be maintained daily and shall be available for inspection by the Commissioner of Public Safety or his duly authorized representative. Every driver shall maintain a daily record of all trips made each day, showing the time and place of origin and destination of each trip and the amount of fare. Every taxicab licensee shall retain and preserve all manifests in a safe place for a period of at least one year.
M. 
A taxicab licensee shall be responsible, when a vehicle is on a taxi stand or in the vicinity of a place of business, for having a driver available for immediate dispatch of the taxicab.
N. 
A taxicab licensee shall not transfer a rate card to another vehicle unless the vehicle has been approved and inspected by the Police Department and authorized by the Commissioner of Public Safety.
O. 
An operator shall not sell a taxicab license.
[Amended 3-26-2003, approved 3-27-2003]
P. 
An applicant for a taxicab license shall demonstrate to the satisfaction of the Commissioner of Public Safety that he is qualified to assume such duties and obligations.
Q. 
No posters or advertisements except as provided in this chapter shall be permitted either in the interior or on the exterior of a taxicab.
R. 
No licensee, whether driver or taxicab, shall at any time fasten or lock the doors of a taxicab or fail to maintain same so that it shall be impossible for a passenger to open any door from the inside.
S. 
No taxicab licensee shall permit a driver while awaiting employment to cruise about the City seeking passengers.
T. 
Taxicab licensees shall immediately notify the Police Department of any violation of these rules by a driver and of any facts, conditions or occurrences which will affect the status of his license or chauffeur's license.
U. 
A Taxi User's Bill of Rights. The interior of each taxicab shall display, where it can be readily seen by the riding public and in a format approved by the City Clerk, a copy of the Taxi User's Bill of Rights.
[Added 3-13-2002, approved 3-14-2002[1]]
[1]
Editor's Note: This ordinance also provided for the renumbering of former Subsection U as Subsection V.
V. 
A taxicab licensee shall not issue orders to drivers which are in conflict with the rules of this chapter.
W. 
Each operator and taxicab company shall maintain a list of drivers employed by the licensee. Such list should include the driver's name, address, telephone number and call sign number. The list and any quarterly updates shall be forwarded to the Commissioner of Public Safety.
[Amended 3-26-2003, approved 3-7-2003]
X. 
Upon terminating ownership of a previously licensed taxicab, the licensee shall bring the vehicle to the Department of Public Safety to cancel the taxicab inspection sticker. If the taxicab is junked, the licensee must notify the Department of Public Safety in writing within 24 hours, stating the location of the junked vehicle.
[Amended 8-13-2003, approved 8-14-2003]
A. 
Class A taxicabs shall be painted yellow, except that the present owner of any duly licensed Class A taxicab presently owned shall have until March 1, 1970, to comply therewith.
[Amended 4-23-1969, approved 4-24-1969]
B. 
Every taxicab licensed as a Class A taxicab shall be identified by lettering permanently painted or placed on the exterior of both front or rear doors of the vehicle on the panels below the windows, stating the name of the taxicab licensee and the word "taxi," which lettering shall be of a minimum height of four inches and a maximum height of six inches. A Class A taxicab licensee operating as an individual owner may substitute the words "owner-driver" in lieu of the name of the licensee.
C. 
Every Class A taxicab shall also have permanently affixed to the forward position of the roof of the vehicle an electric fixture which shall bear the legend "taxi" on the front and rear thereof and which fixture shall be clearly lettered and shall be illuminated between sunset and sunrise and at times when the vehicle's wipers are in use (i.e., rain or snow).
[Amended 3-13-2002, approved 3-14-2002]
D. 
Every taxicab shall be further clearly identified by the taxicab license number appearing on the rate card painted permanently on each rear fender and on the back of the taxicab in numbers at least six inches in height.
[Added 6-11-1980, approved 6-12-1980; amended 2-25-1987, approved 2-26-1987]
[Amended 6-25-1980, approved 6-26-1980; 3-13-2002, approved 3-14-2002; 11-13-2013, approved 11-14-2013]
No duplicate and/or replacement license, badge or rate card shall be issued by the City Clerk unless written approval for issuance is given by the Commissioner of Public Safety or his designee and the following fees are paid to the City Clerk:
A. 
Driver's license duplicate or replacement: $15.
B. 
Taxicab license duplicate or replacement: $15.
C. 
Badge replacement: $30.
No taxicab licensee shall require or authorize a driver to operate a taxicab for more than 12 hours in any continuous twenty-four-hour period.
Taxicab licensees shall cooperate with law enforcement officers in the performance of their duties and shall not conceal evidence of a crime or violation and shall immediately report to the Department of Public Safety any unlawful acts connected with licensed vehicles.
Official notice will be taken of any misconduct, deceit, fraud, subterfuge or actions of a taxicab licensee which are against the best interests of the public.
[Amended 1-26-1977, approved 1-27-1977; 10-11-1989, approved 10-12-1989; 5-8-1991, approved 5-9-1991; 3-25-1992, approved 3-26-1992; 3-13-2002, approved 3-14-2002; 3-26-2003, approved 3-27-2003]
A. 
The fees for the following licenses and renewals shall be paid to the City Clerk in the amounts listed below:
(1) 
For a driver's license: $40.
(2) 
For a renewal of a driver's license: $40.
(3) 
For a Class A taxicab license: $500.
(4) 
For a renewal of a Class A taxicab license: $500.
(5) 
For a renewal of a taxicab license validated prior to May 1, 2003: $125.
[Amended 4-9-2003, approved 4-10-2003]
(6) 
Starting May 1, 2010, all taxicab license renewals will be $500.
B. 
No renewal fees will be prorated. For first-time taxi driver licensees, no license fee shall be prorated for a period of less than six months. All new taxicab licenses will be prorated at $41.66 per month.
[Amended 4-9-2003, approved 4-10-2003]
C. 
The City Clerk shall impose a late application renewal fee upon each taxi driver license renewal filed with the City Clerk on or after May 1 of each year in the amount of $1 per business day, excluding Saturdays, Sundays and legal holidays, up to a maximum late application renewal fee of $10.
The public taxicab stands heretofore established shall continue until abolished or changed by the City Council. The Council may establish and designate additional taxicab stands within the City upon recommendation of the Commissioner. The Commissioner is hereby authorized to regulate the number of such taxicabs permissible at such public taxicab stands and shall provide a metal sign which shall be attached to a post or stanchion adjacent to such stand and on which shall be indicated the maximum number of vehicles permissible at the particular stand at the same time.
A. 
Only taxicabs in such number as set forth on the sign may remain at the stand while waiting for employment, in single file and parked in accordance with all traffic regulations. No driver of a taxicab standing at the head of such line shall refuse to carry any orderly person requesting 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 at the stand whether or not it is first in line. After a taxicab leaves the line, the remaining taxicabs shall be moved up and any taxicab driver seeking a space at the stand shall approach the same only from the rear of the stand and shall stop as near as possible to the last taxicab at the stand. No taxicab shall be permitted to block any crosswalk.
B. 
Each driver of the first two vehicles at the stand shall remain in the driver's seat of his taxicab ready to be hired. No other driver shall be more than six feet away from his taxicab.
C. 
No driver shall make or permit anyone to make any repairs to his taxicab while at a public stand, other than minor emergency repairs.
[Amended 3-25-1992, approved 3-26-1992]
Whenever the Commissioner of Public Safety shall declare and certify to the City Clerk that a public emergency exists affecting transportation of the public, the City Clerk may issue temporary drivers' and taxicab licenses under the City's Seal and countersigned by the Commissioner of Public Safety. Such temporary licenses shall be issued upon such terms and conditions as the Commissioner of Public Safety may prescribe, but in no event shall such license be granted for a period in excess of 20 days, and such licenses shall be renewed, if required by the emergency, only upon the written recommendation of the Commissioner of Public Safety. The fee for such temporary license shall be $5.
It shall be the duty of the Commissioner of Public Safety or his designee to see that all laws and ordinances regulating taxicabs and taxicab drivers are complied with in every respect. It shall be his duty to inspect the public taxicab stands and all other places where taxicabs are permitted to stand. He shall have the power to order away from the stands and from all other places the driver of any taxicab who is not complying with this chapter or if the driver is intoxicated or in any manner misbehaving or if the taxicab is obstructing the street.
[Amended 2-27-1974, approved 2-28-1974; 4-13-1977, approved 4-14-1977; 10-25-78, approved 10-26-1978; 11-1-1978, approved 11-2-1978; 10-10-1979, approved 10-15-1979; 6-11-1980, approved 6-12-1980; 7-23-1980, approved 7-24-1980; 10-26-1988, approved 10-27-1988; 10-23-1996, approved 10-24-1996; 3-13-2002, approved 3-14-2002; 8-13-2003, approved 8-14-2003; 6-11-2004; approved 6-11-2004; 3-23-2011, approved 3-25-2011]
The lawful sums to be collected for the hire of a taxicab shall be as follows:
A. 
For conveying a single passenger from any place within the City limits: flat rate fee of $5 and flat rate fee of $1 for each additional passenger traveling with such person.
B. 
For conveying a person 60 years of age or over as a single passenger within the City limits: flat rate fee of $4, and $1 for each additional passenger traveling with such person.
C. 
Gas surcharges.
(1) 
As determined by the lowest price of the regular grade on the Westchester County gas price listing, the following gas surcharges apply to the flat rate fee:
(a) 
Over $3 per gallon: an increase of $0.25;
(b) 
Over $4 per gallon: an increase of $0.50;
(c) 
Over $5 per gallon: an increase of $0.75;
(d) 
Over $6 per gallon: an increase of $1.
(2) 
Any surcharge increase or decrease will take effect seven days after the taxi industry has been notified of a change. Notification must be posted in all taxicabs and in plain view of passengers.
D. 
(Reserved)
E. 
For conveying a child to or from elementary school, inclusive of the eighth grade: in accordance with the rates prescribed in Subsections A, B and C above, less $0.50.
F. 
For returning a passenger: the same rates as prescribed in Subsections A, B, C, and E of this section.
G. 
For waiting time: $0.25 per minute. Waiting time shall consist of the time consumed while standing at the direction of the passenger.
H. 
For conveying a child under two years of age: no charge.
I. 
No charge shall be made for a passenger's suitcase, traveling bag, valise, shopping bag or other articles carried in hand by a passenger, except where there are four or more pieces of luggage or baggage to be transported of such size as shall require utilization of the taxicab trunk, an additional charge of $1 may be made for use thereof. No charge shall be made for a passenger's grocery bags, whether carried in hand or requiring the utilization of the taxicab trunk.
J. 
For the use of a taxicab with the privilege of going place to place and stopping as often as may be required within the City: $25 per hour.
K. 
The driver of a taxicab transporting a passenger or passengers from a point within the City to a point outside the City limits shall charge the fares set forth above from the point of origin to the City limits and may charge such additional fares as the driver acting for the owner and the passenger may agree upon for the ride beyond the City limits.
L. 
There shall be no additional charge for carrying a guide dog accompanying a visually impaired person or a hearing handicapped person or any other service animal used by a person with a disability. Except for such guide dog or other service animal used by a person with a disability, no animal need be transported in a licensed taxicab unless the animal is securely enclosed in a kennel case. Where an animal is carried in a kennel case, a charge is payable at the baggage rate provided in Subsection 1 of this section.
A driver or taxicab licensee shall not permit or cause to be transported any package, merchandise or other property or thing when not accompanied by a passenger.
[Amended 10-25-1978, approved 10-26-1978]
Every licensed taxicab shall be issued a rate card by the City Clerk containing the number of the taxicab license issued and such data relating to the rates of fare as shall be prescribed by the Commissioner of Public Safety. The rate card shall be placed and maintained in the same manner as hereinbefore prescribed for license cards in this chapter. The rate card shall specify that the driver may request payment in advance. The rate card shall further specify that the driver is not required to change any currency larger than a twenty-dollar bill.
[Added 1-24-2001, approved 1-25-2001]
A. 
The Commissioner of Public Safety or the Deputy Commissioner of Public Safety may suspend or revoke the rate card of the taxicab to which it has been issued after a hearing before the Commissioner of Public Safety upon the decision and determination of the Commissioner of Public Safety that the taxicab driver and/or owner of such rate card has been found to have violated any of the sections of this chapter.
B. 
The Commissioner of Public Safety shall be required to schedule such hearing within 30 days after due notice to such taxicab driver and owner of such rate card. The taxicab driver and owner of such rate card shall be entitled to a hearing and shall be given due notice thereof in writing and shall have the right to be represented by counsel.
C. 
Appeals from decisions and/or determinations of the Commissioner of Public Safety, as under this section, shall be governed by §§ 238-3 and 238-4 of this Code.
[Amended 3-25-1992, approved 3-26-1992]
All licenses, driver and taxicab, heretofore issued are expressly continued in effect until the expiration dates provided for therein. All existing taxicab licenses shall be presented to the Commissioner of Public Safety for reclassification within 60 days of the effective date of this chapter.
[Amended 3-25-1992, approved 3-26-1992]
A. 
The number and type of taxicab licenses in the City of Mount Vernon shall be regulated by the Commissioner of Public Safety to the amount not to exceed 150. The number and type of taxicab licenses may be increase or reduced by the Commissioner of Public Safety, at his discretion, when it is deemed necessary for the welfare, comfort and convenience of the community.
[Amended 3-26-2003, approved 3-27-2003]
B. 
The number of licensed drivers shall not be in excess of three drivers for each taxicab licensed in the City of Mount Vernon.
C. 
The limitations of taxicab licenses and taxicab drivers' licenses shall not apply to the number of taxicabs presently licensed and the number of drivers presently licensed. The limitations will be adjusted to the specified amounts over a period of time as prescribed by the Commissioner of Public Safety.
The Commissioner of Public Safety may make and promulgate such additional rules and regulations and prescribe such forms as he shall deem necessary to carry out the intent and the provisions of this chapter.
[Amended 3-26-2003, approved 3-27-2003]
A. 
Any person violating any provision of this chapter shall be guilty of a violation and, upon conviction, shall be subject to a fine not to exceed $100.
B. 
Any operator who permits another to operate a taxicab unlawfully in violation of § 237-2.1, and is found guilty of such, shall be subject to the following penalties:
(1) 
For the first infraction: a fine of $500.
(2) 
For the second infraction: a fine of $500 plus a mandatory hearing by the Department of Public Safety.
(3) 
For the third or subsequent infraction: a fine of $1,000 plus a mandatory hearing by the Department of Public Safety subject to possible suspension or revocation.
(4) 
Any operator who has been found guilty of a violation and was convicted may have the record of the conviction cleared, provided the operator has not obtained any subsequent convictions.
C. 
If the operator is a holder of multiple licenses and permits another to operate a taxicab unlawfully in violation of § 237-2.1, the penalties shall be imposed consecutively.
D. 
Any person who violates § 237-14 shall be subject to a fine not to exceed $1,000.
Except as otherwise herein expressly provided, this chapter shall take effect immediately.