[HISTORY: Adopted by the Town Board of the Town of Yorktown 4-29-1975
as Ch. 84 of the 1975 Code. Amendments noted where applicable.]
For the purposes of this chapter, the terms used herein are defined
as follows:
Any motor vehicle regularly engaged in the business of carrying persons
for hire, except vehicles subject to the provisions of the Transportation
Law or used by undertakers in carrying on their undertaking business.
Any person who operates a taxicab.
It shall be unlawful for any person to keep any taxicab for hire within
the Town of Yorktown without first having obtained under the provisions of
this chapter a taxicab license in full force and effect, and for any person
to drive or operate such taxicab without having obtained a taxicab driver's
license in force and effect.
Except in the year in which this chapter shall be enacted, such taxicab
licenses shall be issued as of the first day of January of each year and shall
be valid until the following December 31, unless sooner revoked as hereinafter
provided. The fee for such license shall be $25 for each taxicab if issued
before July 1 and $12.50 if issued thereafter. Where a motor vehicle licensed
under this chapter is sold or otherwise disposed of by the holder of such
license, the license may be surrendered to the Town Clerk for cancellation;
if within 30 days thereafter the holder of the license applies for the issuance
of a license for another vehicle, such license shall be issued without fee,
but otherwise on the same conditions as an original license. Applications
for licenses shall be made upon forms supplied by the Town Clerk and shall
be accompanied by the required fee and a certificate of the Chief of Police
that the vehicle sought to be licensed has been examined by a licensed New
York State inspection service and certified to be in good mechanical condition
and clean and sanitary. Such certificate shall expire on December 31 of each
year and be renewed annually thereafter. Licenses shall be issued by the Town
Clerk and shall be affixed to the windshield of the vehicle for which issued
at all times.
The Town Board shall in its discretion determine the number of taxicab
licenses to be issued. When in any year the number of applications for such
licenses shall exceed the number authorized by the Town Board, the Chief of
Police shall determine which applicants shall be licensed, such determination
being based on the previous record, if any, of the applicants with respect
to conditions of the vehicle, observance of the provisions of laws and ordinances
affecting their operation and character of service, if any, rendered by each
applicant. The determination of the Chief of Police with respect to each application
shall be subject to review by the Town Board upon application by the prospective
licensee.
A.
Application. Each applicant for a taxicab driver's license
must comply with the following to the satisfaction of the Town Clerk:
(1)
Must first have obtained a New York State chauffeur's
license;
(2)
Must be of the age of 18 years or over;
(3)
Must be 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)
Must be able to read and write the English language;
(5)
Must be clean in dress and person and not addicted to
the use of liquor or drugs;
(6)
Must produce, on forms to be provided by the Town Clerk,
affidavits of good character from two reputable citizens of the Town of Yorktown
who have known him personally and have observed his conduct for at least one
year next preceding the date of his application and a further testimonial
on a form provided for that purpose from his employer; and
(7)
Must fill out, upon a blank form to be provided by the
Town 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, whether a citizen of the United States,
places of previous employment for the last five years, whether married or
single, whether he has ever been arrested or convicted of a felony or misdemeanor,
whether he has been previously licensed as a driver or chauffeur, and if so
whether his license has ever been suspended or 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 Town Clerk
as a permanent record. The Town Clerk is hereby authorized and empowered to
require such additional information as he may deem necessary.
B.
Examination of drivers.
(1)
Each application shall be accompanied by a certificate
from a physician duly licensed by the State of New York certifying he has
examined the applicant within the thirty-day period prior to filing of the
application and that in his opinion the applicant is not afflicted with any
disease or physical or mental condition or infirmity which might make him
an unsafe or unsatisfactory driver.
(2)
If the results of any of the examinations are unsatisfactory
in the opinion of said Chief of Police, the applicant shall be refused the
license.
C.
Photograph of driver. Each applicant for a driver's license
must file with his application three unmounted, unretouched photographs of
himself, in such position as the Town Clerk may direct, taken within 30 days
preceding the filing of his application. Photographs shall be of a size which
may be easily attached to his license, one of which shall be attached to the
license when issued, and the others shall be filed with the application. The
photograph shall be so attached to the license that it cannot be removed and
another photograph substituted without detection. Each licensed driver shall
exhibit his license and photograph for inspection. If the application for
a license is denied, two copies of the photograph shall be returned to the
applicant by the Town Clerk.
D.
Fingerprints of driver.
(1)
After filling out the application provided for by Subdivision
A herein to the satisfaction of the Town Clerk, the applicant shall take said
application, together, with the photographs of himself provided for by Subdivision
C herein, and deliver the same to the officer in charge of fingerprinting
at police headquarters. At the time of such delivery or at such time as the
officer in charge of fingerprinting may direct, said applicant shall submit
to having the impressions of the fingers of his right and left hands taken
upon forms furnished by the town. A set of fingerprints, together with one
of the photographs of said applicant, shall be kept on file at police headquarters
as a permanent record. The Chief of Police shall cause an investigation to
be made relative to the character and criminal record, if any, of said applicant.
After completing such investigation, the Chief of Police shall forward said
application and two photographs of said applicant to the Town Clerk, together
with his recommendation as to either granting or denying said application.
No license shall be issued under the provisions of this chapter until the
Chief of Police has indicated, in writing, his approval thereof.
(2)
No license shall be issued to any person who has been
convicted of a felony, except by the majority vote of the Town Board of the
Town of Yorktown.
E.
Forms and terms of driver's license. Upon satisfactory
fulfillment of the foregoing requirements, there shall be issued to the applicant
a license which shall be 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 convictions,
arrests, serious complaints or reprimands against him. Each license shall
be stamped by the seal of the town upon at least a portion of the photographs.
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.
F.
Renewal of driver's license. The Town Clerk may renew
a driver's license from year to year by appropriate endorsement thereon. A
driver, in applying for a renewal of his license, shall make such application
not less than 30 days next preceding its expiration upon a form to be furnished
by the Town Clerk entitled, "Application for renewal of license," which shall
be filled out with the full name and address of the applicant, together with
a statement of the date upon which his original license was granted and the
number thereof, and such other information as the Town Clerk may deem necessary.
G.
Driver's license fees. The following fees shall be paid
for a driver's license or renewal thereof: $5 for the original license and
$1 for each renewal thereof.
H.
Suspension or revocation of driver's license. The Supervisor
or Chief of Police shall take cognizance of any act, conduct or omission by
those to whom these regulations are applicable which is prejudicial, offensive
or detrimental to the best interests of the public, although not specifically
mentioned in this chapter, and may as a result suspend the license. In addition,
the Chief of Police may suspend a license issued hereunder immediately upon
the preferring of a charge of violation of this chapter or of any law or ordinance
affecting the operation of a motor vehicle. If the person or persons affected
by such suspension desire a hearing thereon, application therefor shall be
made within 10 days after such suspension to the Town Board, which shall thereafter
hold a hearing thereon. The Town Board after such hearing may remove the suspension,
continue the same for a period determined by it or revoke the license, and
its determination shall be final.
I.
Record of driver's licenses. There shall be kept in the
office of the Chief of Police and the Town 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.
A.
Any person committing an offense against any provision
of this chapter shall be guilty of a violation punishable by imprisonment
for a term not exceeding 15 days or by a fine not exceeding $250, or by both
such fine and imprisonment. The continuation of an offense against the provisions
of this chapter shall constitute, for each day the offense is continued, a
separate and distinct offense hereunder.
B.
Suspension and revocation of license. In addition to
the fine, 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 Chief of Police may, in his discretion,
suspend or revoke a license granted under any provision of this chapter pending,
or in advance of, any criminal prosecution of the licensee or until the next
meeting of the Town Board.
