[HISTORY: Adopted by the Board of Trustees of the Village
of Amityville 12-14-2009 by L.L. No. 56-2009.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law provided that it shall take
effect on January 2, 2010, subject to acceptance and filing by the
Secretary of State.
Unless otherwise expressly stated, whenever used in this chapter,
the following terms shall have the meanings given by this section:
Includes any motor vehicle engaged in the business of carrying
persons for hire and subject to use by the general public, whether
the same is operated from a street stand or subject to calls from
a garage, or otherwise operated for hire, except vehicles subject
to the provisions of the Transportation Corporations Law, or used
by undertakers in carrying on their business.
No vehicle shall be licensed until it has been inspected and
examined by the Chief of Police or his designee and found to be in
a safe condition for the transportation of passengers, clean, fit
and of good appearance. The Chief of Police or his designee may also
inspect any licensed taxicab from time to time to ascertain whether
it is kept in condition of continued fitness for public use.
The following fare zones are hereby designated and established
within the Village:
A.
Zone A: all that portion of the Village north of the Sunrise Highway.
B.
Zone B: all that portion of the Village lying south of the Sunrise
Highway and north of Merrick Road.
C.
Zone C: all that portion of the Village lying south of Merrick Road
and north of Hamilton Street and Coles Avenue on the west side of
the Amityville River, and north of Griffing Avenue on the east side
of the Amityville River.
D.
Zone D: all that portion of the Village lying south of Hamilton Street
and Coles Avenue on the west side of the Amityville River, and south
of Griffing Avenue on the east side of the Amityville River.
The maximum rates of fare for transportation of passengers and
luggage in the Village shall be set by the Board of Trustees by resolution.
Maximum rates of fare shall be set for the following categories:
D.
Packages and luggage. A maximum rate for each group of three packages
or fraction thereof which require the driver's assistance. A maximum
rate for each and every large trunk or footlocker.
[Amended 3-8-2010 by L.L. No. 2-2010]
E.
Waiting time. A maximum rate to be charged for any and all authorized
waiting periods.
The fares for additional passengers referred to in § 161-4 apply only to persons boarding the taxicab together and lighting therefrom at the same point. All other persons shall pay individual fares.
No person shall charge or attempt to charge any passenger a
greater rate of fare than that to which the taxicab is entitled under
the provisions of this chapter.
Upon tender of proper fare therefor, no driver shall refuse
or neglect to convey any orderly person or persons upon request anywhere
in the Village, unless previously engaged or unable to do so.
A.
No taxicab driver shall solicit passengers except while parked or
standing at a taxicab stand and except when sitting in the driver's
compartment of such taxicab or while standing immediately adjacent
thereto, nor shall said driver solicit passengers in a loud or annoying
tone of voice or by sign, nor shall he in any manner annoy, obstruct
the movement of or follow any person for the purpose of soliciting
patronage.
B.
No taxicab driver or taxicab owner shall solicit employment by driving
through the public streets, nor shall he cruise in search of passengers.
No person shall drive a taxicab within the limits of the Village
without a valid driver's license issued under the provisions of this
chapter.
Each applicant for a driver's license hereunder shall comply
with the following:
A.
He shall have a New York State chauffeur's license in full force
and effect.
[Amended 3-8-2010 by L.L. No. 2-2010]
B.
He shall be of good health and not subject to any infirmity of body
or mind which might render him unfit for the safe operation of a vehicle
servicing the public.
C.
He shall furnish, on forms to be provided by the Village Clerk, affidavits
of good character from two citizens of the Village, unless in the
opinion of the Chief of Police, sufficient reason is given for omission
thereof.
D.
He shall fill out, upon a form to be provided by the Village Clerk,
a statement giving his full name, dates and places of residence for
the past five years, age, height, color of eyes and hair, place of
birth, whether a citizen of the United States, places of previous
employment, whether married or single, whether he has ever been convicted
of a felony or misdemeanor or traffic infraction, 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.
E.
He shall submit with the application three current personal photographs
as the Village Clerk may direct.
F.
He shall file with the application fingerprint impressions of the
fingers of each hand, the impressions to be upon forms furnished by
the Village Clerk and to be taken under his supervision or by someone
designated by him.
An application for a taxicab driver's license shall be referred
to the Chief of Police for examination and investigation; the Chief
or his representative shall obtain a current driver's record check
and shall require each applicant to demonstrate his or her knowledge
of this chapter. If the results of the investigation or examination
are unsatisfactory, the applicant shall be refused a license.
A.
Upon satisfactory fulfillment of the requirements of §§ 161-11 and 161-12, there shall be issued to the applicant upon order of the Board of Trustees a license containing a photograph and signature of the licensee. Licenses shall be numbered in the order in which they are issued, signed by the Mayor and countersigned by the Village Clerk, and shall contain the name and residence of the licensee and the dates of issuance and expiration of the license.
B.
For sufficient cause shown, the Mayor may issue a temporary permit
to a driver for not longer than 20 days.
Driver's licenses shall be issued as of the first day of February
in each year and shall be valid to and including the last day of January
next succeeding, unless previously suspended or revoked.
A driver's license may be renewed from year to year by endorsement
thereon upon payment of the renewal fee therefor and approval of the
application by the Chief of Police. At the time of renewal, such information
may be required as will keep the data on the original application
up-to-date.
A fee in an amount to be established by the Board of Trustees
by resolution shall be paid for a driver's license for one year or
any part thereof or for a renewal of driver's license. Receipt of
such fee shall be endorsed upon the license.
A driver's license issued under the provisions of this chapter
may be suspended by the Mayor for violation of any provision of this
chapter or any provision of the Vehicle and Traffic Law or other cause
until the next meeting of the Board of Trustees, and thereupon said
license, after a hearing, may be suspended, revoked or continued by
said Board. No driver whose license has been revoked shall again be
licensed except on presentation of reasons satisfactory to the Board
of Trustees.
Drivers' licenses and temporary drivers' permits issued hereunder
shall be displayed conspicuously by the licensee or permit holder
at all times when operating a taxicab, and each such driver shall
upon demand exhibit his license or temporary permit for inspection.
It shall be unlawful for any person to operate or permit to
be operated a taxicab upon the streets of the Village without first
having obtained therefor a taxicab license under the provisions of
this chapter.
Application for a taxicab license shall be made by the owner
upon forms furnished by the Village Clerk and shall contain the following
information:
A.
The owner's name, age, residence and previous experience, if any,
in such business.
B.
The name, age and residence of the persons to be in operation of
such taxicab.
C.
The type and make of motor car to be used, the motor number, the
state license number, the number of years the vehicle has been driven
and the seating capacity.
D.
Whether previously licensed to operate a taxicab and, if so, where.
E.
Whether license to operate a taxicab has ever been revoked and, if
so, for what cause.
F.
Such other information as the Village Clerk may deem necessary.
Taxicab licenses shall be issued as of the first day of February
in each year and shall be valid to and including the last day of January
next succeeding, unless previously suspended or revoked.
If upon inspection a taxicab is found to be in safe operating condition in accordance with the provisions of this chapter, and upon the payment of the license fee set forth in § 161-27, the same shall be licensed upon order of the Board of Trustees by delivering to the owner a card of such size and form as may be prescribed by the Village Clerk. The card shall contain the official license number of the taxicab, together with the date of inspection of the same, and the name of the owner, and shall be signed by the Mayor and countersigned by the Village Clerk.
A taxicab license card issued as provided in § 161-22 shall be conspicuously posted in the taxicab for which it has been issued.
A.
If a taxicab shall become disabled, disqualified for service or sold,
the Chief of Police shall permit the use of a license granted for
such taxicab to be transferred and used for another, provided that
such replacement vehicle complies with the provisions of this chapter
and a fee is paid, as established by the Board of Trustees by duly
adopted resolution.
B.
If a license which has been granted for a taxicab is lost or destroyed,
the Chief of Police shall issue and affix a replacement license for
such vehicle, provided that it continues to comply with the provisions
of this chapter and a fee is paid, as established by the Board of
Trustees by resolution.
A taxicab license may be renewed from year to year by endorsement
thereon, upon payment of the renewal fee therefor and after inspection
of the vehicle and approval of the application by the Chief of Police.
Should the state license number of a taxicab be changed during
the term of the taxicab license, such change and number shall be immediately
reported by the licensee to the Village Clerk.
A fee in an amount to be established by the Board of Trustees
by resolution shall be paid for a vehicle for one year or any part
thereof or for renewal of such license. Receipt of such fee may be
endorsed upon the license.
A taxicab license issued under the provisions of this chapter
may be suspended by the Mayor for violation of any provision of this
chapter or any provision of the Vehicle and Traffic Law or other cause
until the next meeting of the Board of Trustees, and thereupon said
license, after a hearing, may be suspended, revoked or continued by
said Board.
Every person licensed as a taxicab owner under this chapter
shall maintain continuous service seven days each week, 24 hours each
day, from at least one depot or terminal, except that individual owner-drivers
shall maintain continuous service at least eight hours per day for
at least five days each week.
A license issued under the provisions of this chapter shall
not be assignable.
It shall be a violation of this chapter for any licensee hereunder
to permit his license to be used by any other person or for any unlicensed
person to use the license of another.
Every person to whom a license has been issued under the provisions
of this chapter shall, upon discontinuing and abandoning the operation
or driving of a taxicab, return such license to the Village Clerk.
