Village of Hempstead, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Hempstead 4-21-1981 by L.L. No. 20-1981. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing provisions and fees — See Ch. 86.
Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the following meanings:
BUSINESS
A single act of transporting a passenger or passengers for hire.
[Added 4-15-2008 by L.L. No. 8-2008[1]]
DRIVER
Any person actually engaged in the driving of a for-hire vehicle.
[Amended 4-15-2008 by L.L. No. 8-2008]
FOR-HIRE VEHICLE
A taxicab, limousine or private livery vehicle carrying passengers for hire.
[Added 4-15-2008 by L.L. No. 8-2008]
OPERATE WHOLLY WITHIN
A taxicab, private livery vehicle and/or limousine that picks up a passenger or passengers from a predetermined location in the Village of Hempstead and subsequently transports that same passenger or passengers in the Village of Hempstead.
[Added 4-15-2008 by L.L. No. 8-2008]
OWNER
Any person, firm, partnership, association or corporation, whether owner or lessee, engaged in the business of operation of one or more for-hire vehicles. Service shall be deemed proper service on the vehicle owner if sent to the registrant or the lessee of the vehicle.
[Amended 4-15-2008 by L.L. No. 8-2008]
PASSENGER
A person who has engaged a for-hire vehicle for the purpose of being transported to a destination or a person who is awaiting the arrival of a dispatched for-hire vehicle.
[Amended 4-15-2008 by L.L. No. 8-2008]
TAXICAB
Any for-hire vehicle, other than a private livery vehicle and/or limousine, having a seating capacity of not more than eight persons, including the driver, carrying passengers for hire.
[Amended 4-15-2008 by L.L. No. 8-2008]
TAXI STAND
A public place alongside the curb of a street or elsewhere which has been so designated as reserved exclusively for the use of all taxicabs licensed hereunder.
TERMINAL
A fixed base of operation for the owner of a taxicab.
[Amended 4-15-2008 by L.L. No. 8-2008]
TRIP RECORD
A document known as a trip sheet carried by a driver and setting forth the time and place each passenger or passengers engaged the for-hire vehicle and the time and location when the passenger reached his/her destination.
[Added 4-15-2008 by L.L. No. 8-2008]
[1]
Editor's Note: This local law also amended the chapter title, which formerly appeared as "Taxi Service."
[Amended 4-15-2008 by L.L. No. 8-2008]
No taxicab shall be operated wholly within the jurisdiction of the Village of Hempstead ("the Village") and/or be utilized at any taxi stand within the Village unless the owner and/or the driver thereof shall have first obtained and have then in force licenses as herein required and have complied with the provisions and regulations contained in this chapter. Such license shall be issued any time during the year and shall expire on the 31st day of January next succeeding, unless sooner suspended or revoked by the Board of Trustees.
A. 
Issuance. Licenses for the operation of taxicabs shall be issued by the Board of Trustees of the Village upon the filing of an application therefor upon forms to be furnished by the Village Clerk.
B. 
Application; contents. Such application shall be submitted under oath and shall contain the trade name, if any, under which said business will be operated; the full name, age, citizenship and address of the owner, and, if a firm, association or corporation, the names, ages, citizenship of each applicant and addresses of the members or officers thereof; and shall designate the agent, if any, to be in charge of the business of the owner in the Village. Such application shall further contain the number, make and description of each vehicle to be licensed; the factory or serial number and State of New York registration number of each vehicle; and such other information as may be required by the Village Clerk. Said application will also provide the address of a designated location at which the for-hire vehicles will be parked and/or stored when not being used for hire and will further state that the owner acknowledges that the public parking lots cannot be used for this purpose. Said application shall further state the peculiar or distinguishing color scheme or design, including monograms or other distinguishing features, intended to be used on such vehicles.
[Amended 4-15-2008 by L.L. No. 8-2008; 6-15-2010 by L.L. No. 12-2010]
C. 
Each applicant for an owner's license, and if an unincorporated association, any member thereof, and any officer, director or stockholder, if a corporation, any partner, if a partnership, shall, at the time of submitting his/her application, also submit photographs as required pursuant to § 86-3H of this Code. Each applicant shall submit to fingerprinting by the Nassau County Police Department, on forms to be provided by the Village Clerk, and shall pay, by bank check or money order drawn to the order of the New York State Division of Criminal Justice Services, any fee for such service. The photographs and fingerprinting may be specifically waived by the Village Clerk upon showing facts which in his/her discretion warrant the waiving of these requirements.
[Amended 4-15-2008 by L.L. No. 8-2008]
D. 
Number limited. The Board of Trustees shall limit the number of taxicab owners' licenses in effect at any time to 100.
[Amended 6-18-1985 by L.L. No. 3-1985]
(1) 
Any owner's license issued by the Village subsequent to the date of the enactment of this subsection shall not be transferable by the individual to whom the Village issues such owner's license to a third party or entity for a period of three years from the date of issuance. The foregoing, however, shall not restrict the individual to whom the owner's license is issued from returning said owner's license to the Village within the three-year period.
(2) 
Any owner's license issued by the Village subsequent to the date of the enactment of this subsection shall be issued only one to an applicant.
(3) 
Priority for issuance of owners' licenses pursuant to this subsection shall be determined based upon those applicants whose request shall have been on file in the Village Clerk's office for the longest period of time.
E. 
No owner and/or operator shall operate a for-hire-vehicle wholly within the Village unless the driver of said vehicle has:
[Added 6-18-1985 by L.L. No. 3-1985; amended 2-5-2002 by L.L. No. 1-2002; 4-15-2008 by L.L. No. 8-2008]
(1) 
A valid New York driver's license or a valid license from the state in which the autocab service is located and his/her privilege to drive in New York is not revoked or under suspension.
(2) 
A valid Village of Hempstead operator's license or, where the operator merely discharged a passenger(s) within the Village of Hempstead and did not pick up or attempt to pick up a passenger(s), a valid license from the municipality in which the taxi service is located.
A. 
Certificate to be furnished. Before a license shall be issued for any taxicab, the applicant therefor shall furnish a certificate to the Village Clerk, signed by the Chief of Police, certifying that said vehicle has been inspected and examined and found to be in a safe condition for the transporting of passengers and is clean, fit and of good appearance.
B. 
Inspections. All taxicabs licensed hereunder shall be inspected at least once in every 12 months by a New York State-licensed motor vehicle inspection station, and a certificate of such inspection, showing compliance with all state safety inspection rules, must be filed with the Chief of Police. Such certificate must be properly signed and stamped in accordance with the requirements of the Motor Vehicle Safety Inspection Law of the State of New York. Unless such certificate is furnished as herein required, the license for such taxicab shall stand suspended until such time as such taxicab is placed in proper condition and such certificate thereof is filed with the Chief of Police.
C. 
Any New York State-licensed motor vehicle inspection station which is affiliated with or owned by a taxicab company or is affiliated with any owner of any taxicab company shall be prohibited from making taxicab or limousine inspections pursuant to this section.
D. 
The Chief of Police is hereby authorized and empowered to establish reasonable rules and regulations for the inspection of taxicabs and for the enforcement of the provisions of this chapter, and to cause inspections of licensed taxicabs to be made from time to time to see that they are kept in a condition of continued fitness for public use. He shall keep written reports of all inspections made.
E. 
Vehicle identification.
(1) 
When an applicant seeks to license more than one taxicab or a number of separate owners conduct their taxicab business in affiliation with each other, each vehicle of such individual owner or affiliated owners shall be painted, in color and design, identically with each other.
(2) 
The taxicabs of one owner or those owned by affiliated owners as described above shall be numbered consecutively with each other, beginning with the number one. Numbers shall be at least four inches in height and at least 1/2 inch in width (block letters) and shall be affixed conspicuously to the right front and left rear portions of the body of each taxicab. The company or corporate name must be affixed to both front doors and the letters must be easily discernible.
Each applicant shall, before the issuance to him of a license under this chapter, file with the Village Clerk a memorandum of insurance that the applicant and each motor vehicle licensed is insured against public liability in the minimum limits required by the laws of the State of New York for personal injury and property damage, which insurance shall be maintained in force during the period covered by the license. Such insurance policy or certificate shall provide that the Village will be given 10 days' prior notice of cancellation.
Such policy of insurance required in § 121-5 shall not be cancelled or suspended either by the insured or the insurer unless at least 10 days' notice in writing of the intention to cancel or suspend such policy has been filed with the Village Clerk, and upon such suspension or cancellation of insurance, the license of said owner shall stand suspended until such time as an acceptable policy or certificate of insurance shall be on file with the Village Clerk.
A. 
Inspection. If upon inspection a taxicab is found and certified by the Chief of Police to be in proper condition and in accordance with the provisions of this chapter and the rules and regulations established hereunder, then, upon payment to the Village Clerk of the license fee described in Subsection D following, the said taxicab shall be licensed in the manner prescribed by this chapter.
B. 
Medallion. For each vehicle licensed pursuant to this chapter, the Village Clerk shall issue a medallion which shall bear the word "taxicab," the number of the medallion and the calendar year for which such medallion is issued, in figures plainly discernible. Said medallion shall be attached to the upper left corner of the driver's door so that it may not be removed and shall be kept clean and legible at all times.
C. 
License card. For each vehicle licensed pursuant to this chapter, the Village Clerk shall issue a license card which shall bear the number of the medallion issued pursuant to Subsection B above. Said license card shall be kept within the taxicab for which it is issued.
D. 
License fee for taxicab. The annual license fee for taxicabs shall be as specified in § 86-13 of this Code.
[Amended 12-16-1986 by L.L. No. 10-1986]
Every owner, before the sale, lease or other disposition of a licensed taxicab, shall notify the Police Department 30 days prior to such sale or disposition. The purchaser, lessee or transferee of any taxicab shall not operate the same in the Village until he has obtained the appropriate license as required pursuant to this chapter.
[Amended 4-15-2008 by L.L. No. 8-2008]
The Village Clerk and Police Department shall keep a record of every taxicab owner's license issued under this chapter, showing the date and number of such licenses and all renewals, suspensions and revocations thereof, and a record of each taxicab license, stating the make, model, passenger seating capacity, name of manufacturer, New York State registration number, motor number and the name and address of the person or persons owning said taxicab. Such registration shall also show each driver's license issued hereunder, showing the name and address of such driver, his/her New York State chauffeur's license number, the number of his/her taxicab license issued hereunder and the date of issue and of renewal of such driver's license.
Every person desiring to obtain a taxicab driver's license shall comply with the following:
A. 
Contents of application. The applicant shall make application for license on forms furnished by the Village Clerk, which application shall state the full name and residence of the applicant; applicant's place of residence during the five years previous to applicant's present address; applicant's age, height, weight, color of eyes, color of hair, place of birth and whether a citizen of the United States either by birth or naturalization; places of previous employment; whether applicant is married or single; whether applicant has been convicted of a felony, misdemeanor or offense; whether applicant has previously been licensed as a driver or chauffeur and, if so, when, where and whether applicant's license has ever been revoked or suspended and for what cause; and the number of applicant's state driver's license.
B. 
State license. The applicant shall exhibit his/her current New York State chauffeur's license for inspection.
[Amended 4-15-2008 by L.L. No. 8-2008]
C. 
Character reference. The applicant shall file testimonials of at least two reputable persons as to good character and reliability with his/her application.
[Amended 4-15-2008 by L.L. No. 8-2008]
D. 
Photographs. The applicant shall file with the application two photographs as required pursuant to § 86-3H of this Code. One of the photographs shall be attached to his/her license and the other shall be filed with his/her application. Such photograph shall be attached to the license in such a manner that it cannot be removed and another photograph substituted without the probability of detection.
[Amended 4-15-2008 by L.L. No. 8-2008]
E. 
Fingerprinting and examination. The applicant shall submit to fingerprinting by the Nassau County Police Department, on forms to be provided by the Village Clerk, and shall pay, by bank check or money order drawn to the order of the New York State Division of Criminal Justice Services, any fee for such service.
F. 
Annual fee; duration. The annual fee for a taxicab driver's license shall be as specified in § 86-13. A taxicab driver's license shall be issued at any time during the year and shall expire on the 31st day of January next succeeding, unless suspended or revoked by the Board of Trustees.
[Amended 5-16-1989 by L.L. No. 3-1989; 2-2-1993 by L.L. No. 1-1993; 5-4-1993 by L.L. No. 5-1993]
The Chief of Police or Commanding Officer (a police officer) of the Village Licensing Bureau shall cause an inquiry to be made to the New York State Division of Criminal Justice Services as to the applicant's past criminal history. In the event that an applicant has been convicted of one or more violent felonies at any time previously or convicted within the last five years of more than one nonviolent felony, or one nonviolent felony and one or more misdemeanors, or two or more misdemeanors, the Chief of Police shall certify the applicant as being unfit for a taxicab driver's license. If the Chief of Police shall certify the applicant as fit to receive a taxicab driver's license, a license shall be issued upon payment to the Village Clerk of the license fee hereinbefore set forth.
[Amended 3-20-2002 by L.L. No. 2-2002]
A. 
Every taxicab driver licensed pursuant to this chapter shall, within 48 hours, notify the License Bureau of any change of address or loss of his/her taxicab driver's license.
[Amended 4-15-2008 by L.L. No. 8-2008]
B. 
Whenever a license shall be lost or destroyed without fault on the part of the holder, a duplicate license in lieu thereof under the original application and bond may be issued by the License Bureau in its discretion for a fee of $50.
Any license granted pursuant to this chapter may be suspended or revoked in accordance with the provisions of §§ 86-10, 86-11 and 86-12 of this Code.
It shall be unlawful for any owner or driver to refuse the surrender of a license and medallion to the Police Department upon demand after such license has been suspended, revoked or expired.
[Amended 3-20-2002 by L.L. No. 3-2002]
A. 
Procedure. The License Bureau, upon receipt of the annual fee, may renew a taxicab driver's license from year to year by appropriate endorsement thereon, provided that the Chief of Police shall certify as to the driver's skill, fitness and ability and as to whether the applicant is a person of good moral character. Application for renewal of license shall be made by the driver upon a form to be furnished by the License Bureau, which shall be filled out with the applicant's full name, address, original license number and date upon which the original license was granted.
B. 
Penalties for failure to timely renew. A driver will be penalized $60 for his/her failure to timely file an application for renewal of the license.
The Chief of Police shall keep a register of the name of each person owning or driving a taxicab licensed under this chapter, together with the license number, the New York State registration number and the description, make and motor number of such vehicle; a complete record of each license issued to a driver or owner; and a record of all renewals, suspensions and revocations of license.
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 terminal, except that individual owner-drivers shall maintain continuous service at least eight hours per day and at least five days each week.
[Amended 4-15-2008 by L.L. No. 8-2008]
There shall be posted conspicuously on the back of the front seat behind the driver of any and all for-hire vehicles, the license, the driver's license and a photograph of the driver. In addition to the aforementioned requirements, taxicabs must also include a schedule of the maximum fares.
[Amended 8-5-2008 by L.L. No. 9-2008]
A. 
Use required. No taxicab shall stand on any public street or public place other than at or upon a public taxicab stand designed and established by the Board of Trustees, nor shall any driver solicit employment by driving through the public streets or by oral solicitation of any kind either on the public streets or upon private property.
B. 
Sitting in taxicab. No person other than the driver or a passenger shall be allowed to sit in the taxicab while waiting at a public taxicab stand.
C. 
No taxicab shall stand on any public street and/or public place, within the Village of Hempstead, other than at or upon a public taxicab stand as designated by the Hempstead Police Department, except for the purpose of expedient passenger pickup and/or discharge.
[Amended 4-15-2008 by L.L. No. 8-2008]
A taxicab driver shall have the right to stop and take his/her position at any public taxicab stand where there is a vacancy. Closed taxicab stands are prohibited. A taxicab driver desiring to enter a taxicab line shall do so by taking his position at the rear thereof.
[Amended 4-15-2008 by L.L. No. 8-2008]
No taxicab driver is to leave his/her taxicab unattended at a public taxicab stand. If a taxicab driver is forced to leave his/her taxicab for any reason whatsoever, he shall remove or cause to be removed his/her taxicab from the public taxicab stand, and any other licensed taxicab may then move into the space thus vacated.
[Amended 4-15-2008 by L.L. No. 8-2008]
No taxicab driver shall be more than six feet away from his/her taxicab while at a public taxicab stand.
Overcrowding or skipping over any other taxicab already in line at a public taxicab stand shall not be permitted.
No taxicab driver shall sit in the passenger compartment of a public taxicab or permit anyone who is not a passenger to do so while at a public taxicab stand.
A taxicab driver, after completing a trip, shall inspect the passenger compartment to ascertain whether any property or personal effects have been left in the taxicab. Any and all articles found in said taxicab shall be taken to Village police headquarters within a reasonable time.
[Amended 4-15-2008 by L.L. No. 8-2008]
No taxicab driver shall leave the doors of his/her taxicab open while such taxicab is at a public taxicab stand, except for the purpose of receiving or discharging passengers.
[Amended 7-6-1982 by L.L. No. 3-1982; 6-2-1987 by L.L. No. 2-1987; 11-20-1990 by L.L. No. 15-1990]
A. 
Passengers. No fares shall be charged for transportation greater than the following prescribed and fixed rates:
(1) 
Five dollars for a person riding to a destination within the Village.
[Amended 2-20-1996 by L.L. No. 1-1996; 9-28-2005 by L.L. No. 2-2005]
(2) 
Three dollars for each additional passenger riding to the same destination within the Village.
[Amended 12-20-2005 by L.L. No. 6-2005]
(3) 
Any person over the age of 62 years or any disabled person shall pay the sum of $3 per person riding to a destination within the Village.
[Amended 12-20-2005 by L.L. No. 6-2005]
B. 
Children. No additional charge shall be made for children under the age of four years when accompanied by an adult passenger. The additional charge for children between the ages of four years and 12 years, inclusive, shall be $1 when accompanied by an adult.
[Amended 12-20-2005 by L.L. No. 6-2005]
C. 
Baggage. There shall be an additional charge of $1 per passenger for said passenger carrying two or more packages.
[Amended 12-20-2005 by L.L. No. 6-2005]
D. 
Bulky items. There shall be an additional charge of $1 for the carrying of each bulky item, such as baby carriages, suitcases, strollers or wagons, with the exception of wheelchairs, Seeing Eye dogs and other necessary aids to the handicapped.
[Amended 12-20-2005 by L.L. No. 6-2005]
E. 
Waiting time. There shall be an additional charge of $22 per hour, prorated, for waiting time, which charge shall be in addition to the regular fare for the trip.
[Amended 12-20-2005 by L.L. No. 6-2005]
F. 
Rental of taxicab. It shall be permissible to charge the sum of $22 per hour for the private, exclusive rental of a taxicab.
[Amended 12-20-2005 by L.L. No. 6-2005]
It shall be unlawful for any taxicab driver to charge or attempt to charge any passenger a greater rate of fare than as provided in this chapter.
[Amended 4-15-2008 by L.L. No. 8-2008]
All drivers shall keep a written trip record of all trips, showing the time and place each passenger engaged the for-hire vehicle and the time and place the passenger terminated the said for-hire vehicle, on a form approved by the licensing jurisdiction. Such records shall be retained by the owner of such for-hire vehicle for at least one year.
It shall be unlawful to keep a passenger waiting longer than three minutes before proceeding to the passenger's announced destination.
[Amended 4-15-2008 by L.L. No. 8-2008]
No orderly passenger shall be refused transportation to his/her announced destination within the Village.
[Amended 6-18-1985 by L.L. No. 3-1985]
No person shall be allowed to sit on the front seat with the driver unless the number of passengers being transported from one destination to another destination exceeds the back seat capacity or a passenger is a senior citizen, handicapped, disabled or infirm so that it is not practicable to transport such passenger in the back seat.
[Amended 4-15-2008 by L.L. No. 8-2008]
No taxicab driver shall permit more persons to be carried in his/her taxicab than the number for which the taxicab has seating facilities.
[Amended 4-15-2008 by L.L. No. 8-2008]
The first passenger in a taxicab may, in his/her discretion, refuse to allow the driver to take on additional passengers.
Every taxicab driver shall obey all laws and ordinances, rules and regulations while driving such vehicle, and upon conviction for any felony, misdemeanor or offense, shall report the same within five days to the Village Clerk, advising him of the nature of the offense, the name and location of the court and the date on which such conviction occurred.