A.
Business owner's license and/or vehicle operator's
permit. The Town Clerk shall notify the applicant that his or her
application is disapproved, and no license and/or permit will be issued,
under the circumstances set forth herein:
(1)
Personal review. A determination by the Town Clerk
that the applicant lacks the character, experience or responsibility
to engage in transportation for hire.
(2)
Business review. A determination by the Town Clerk
that the applicant has an unacceptable business record based on a
review of past complaints; that the services the applicant proposes
to offer or has offered are inadequate; or that the applicant has
had more than three convictions for failure to post any and all devices
and placards required by this chapter within five years.
(3)
Criminality, generally. Any conviction for a felony,
misdemeanor and/or town ordinance violation which, in the judgment
of the Town Clerk, renders the applicant unfit, undesirable or incapable
of properly engaging in transportation for hire; or if fraud, misrepresentations
or false statements are contained in the application.
(4)
Criminality, charges. An indictment or formal charges
with or for any crime.
(5)
Criminality, evidence. A preponderance of evidence
that the applicant has violated any provision of this or any other
chapter of the Code of the Town of Huntington or any local law, ordinance,
code, rule or regulation of Suffolk County, New York State, the Town
of Huntington or any other municipality.
(6)
Criminality, controlled substances. Any crime involving
the manufacture, transportation, possession, sale or habitual use
of amphetamines, narcotic drugs, formulations of amphetamines or derivatives
of narcotic drugs.
(7)
Criminality, minors. Any crime against or involving
children.
(8)
Criminality, vehicular. Any felony involving use of
a vehicle by the applicant within the last three years; any crime
involving operation of a vehicle while under the influence of alcohol,
amphetamines, narcotic drugs, formulations of amphetamines or derivatives
of narcotic drugs; or leaving the scene of an accident.
B.
Vehicle's certificate of operation. The Town Clerk
shall notify the applicant that his or her application is disapproved,
and no certificate will be issued, under the circumstances set forth
herein:
(1)
Noncompliance. Vehicles which do not comply with the
requirements of the State of New York, County of Suffolk or Town of
Huntington, including any of the following:
(a)
Lack of a valid business owner's license from
the Town of Huntington by applicant.
(b)
Lack of equipment, markings and/or devices and
placards required by this chapter.
(c)
Lack of any repairs, alterations or additions
as may be required by this chapter or any directive of the Town Clerk.
(d)
Lack of a written log or the improper maintenance,
updating or availability for inspection of said written log, as required
hereinabove, during the term of any previous certificate.
(e)
Lack of proper reporting of any accident, as
required hereinabove, during the term of any previous certificate.
(f)
A determination by the Town Clerk that the vehicle
possesses an unacceptable business record based upon a review of the
history of past complaints.
(g)
More than three convictions for failure to post
any and all devices and placards, as required by this chapter, against
said vehicle, within five years.
(2)
Inspection failure. Vehicles which do not comply with
state and/or town inspections as required hereinabove, including any
of the following:
(a)
Unclean, unfit, of poor appearance or in an
unsafe condition for the transportation of passengers.
(b)
Improper or incorrect vehicle identification,
registration or license plate numbers.
(c)
Inoperative headlights, taillights, parking
fights, stop or brake lights, directional signals, roof lights or
interior lights.
(d)
A faulty suspension system as can be determined
by a non-mechanic inspector.
(e)
Broken windows, windshield, rear view mirrors
or side view mirrors.
(f)
Inoperative windshield wipers or horn.
(g)
Faulty doors, door locks and door latches, or
doors that do not allow occupants of the passenger compartment to
readily open them from the interior of the vehicle.
(h)
Badly worn tires, the treads of which do not
meet minimum New York State Vehicle and Traffic Law requirements.
(i)
A faulty exhaust system, evidenced by excessive
noise, visible fumes or visible holes.
(j)
A faulty fuel system, evidenced by visible leak
or strong fuel smell.
(k)
General neglect and/or disrepair of the chassis
and/or body of the vehicle.
(3)
Criminal involvement. Vehicles for which there is
evidence or information that it was used or involved in any of the
criminal activities set forth herein:
(a)
Any felony.
(b)
Any crime involving the manufacture, transportation,
possession, sale or habitual use of amphetamines, narcotic drugs,
formulations of amphetamines or derivatives of narcotic drugs.
(c)
Operation of the vehicle while under the influence
of alcohol, amphetamines, narcotic drugs, formulations of amphetamines
or derivatives of narcotic drugs.
(d)
Leaving the scene of an accident.
(e)
Any crime against or involving children.
(f)
Peddling of any goods or property from or near
the vehicle.
(g)
Any violation of any provision of this or any
other chapter of the Town Code or any local law, ordinance, code,
law, rule or regulation of Suffolk County or New York State.
(h)
An indictment or formal charges with or for
any crime or offense.
[Amended 2-10-2004 by L.L. No. 6-2004; 3-21-2006 by L.L. No.
9-2006]
A.
Procedure. The Town Clerk shall suspend any license,
certificate or permit and may recommend that such license, certificate
or permit be revoked, under the following circumstances:
(1)
Noncompliance. Any violation of or failure to comply
with the provisions of this chapter, or lawful order of the Town Clerk
or other town officer relative to the operation of transportation
for hire, or any reason for which the original application could have
been disapproved.
(2)
Criminality. Conviction of any violation or crime
which, in the judgment of the Town Clerk renders the holder or vehicle
unfit, undesirable or incapable of transporting for hire within the
Town of Huntington.
(3)
Deception. Fraud, misrepresentation or false statements
contained in the application for a license, certificate or permit,
or made in the course of conducting transportation for hire.
A.
Notices. All notices shall be mailed, by certified
mail, return receipt requested, to the applicant and/or holder of
a license, certificate or permit at the last address on file with
the Town Clerk. In the event an appeal from a denial or suspension
has been filed, notice of the hearing date shall be mailed, at least
five (5) days prior to the date set for such hearing.
[Amended 2-10-2004 by L.L. No. 6-2004; 3-21-2006 by L.L. No.
9-2006]
B.
Disapprovals. Notice of the denial of an application
shall be given in writing, setting forth the grounds therefore and
the right to an appeal hearing before the Town Board or a duly appointed
hearing officer. The applicant may appeal the decision of the Town
Clerk to deny the application within thirty (30) days of receipt of
such notice. All requests for an appeal shall be in writing and accompanied
by the non-refundable requisite fee.
[Amended 2-10-2004 by L.L. No. 6-2004; 3-21-2006 by L.L. No.
9-2006; 2-10-2015 by L.L. No. 12-2015]
C.
Suspensions. Notice of suspension shall be given in
writing, setting forth the grounds for such action and the right to
an appeal hearing before the Town Board or a duly appointed hearing
officer. The suspension shall take effect immediately upon issuance
and shall not exceed one (1) year. The licensee may appeal the decision
of the Town Clerk to suspend the license within thirty (30) days of
receipt of such notice. All requests for an appeal shall be in writing
and accompanied by the requisite non-refundable fee.
[Amended 3-21-2006 by L.L. No. 9-2006; 2-10-2015 by L.L. No. 12-2015]
D.
Revocations. The Town Clerk, after suspending a license,
may recommend that the suspended license be revoked. Notice of hearing
for revocation shall be given in writing, setting forth the grounds
for the revocation and the time and place of such revocation hearing
before the Town Board or a duly appointed hearing officer. The decision
of the Town Board is a final agency determination and may be appealed
to a court of competent jurisdiction.
[Amended 2-10-2004 by L.L. No. 6-2004; 3-21-2006 by L.L. No.
9-2006]
E.
Administrative hearing officer. The Town Board may
appoint an administrative hearing officer to conduct revocation hearings
or to hear appeals from the denial or suspension of a license, certificate
or permit. The hearing officer shall submit his/her written findings
and recommendations to the Town Board. It is the intention of the
Town Board to protect the legal rights of the public by insuring every
applicant under this chapter receives fair and expeditious due process
by providing for an administrative hearing officer to alternatively
preside over such hearings. In order to accomplish this goal, the
Town Board is exercising its authority under § 10(l)(ii)(a)(12)
of the Municipal Home Rule Law, § 136(1) and § 137
of the Town Law and any other applicable provision of law now or hereafter
enacted, to supersede and/or expand upon the applicable provisions
of § 137 of the Town Law, and any other applicable or successor
law, in order to permit an appointed administrative hearing officer
to preside over revocation hearings and appeals.
[Added 2-10-2004 by L.L. No. 6-2004;
amended 3-21-2006 by L.L. No. 9-2006]
F.
Hearings. All appeals from the decision of the Town
Clerk and revocation hearings shall be processed as follows:
[Amended 2-10-2004 by L.L. No. 6-2004; 3-21-2006 by L.L. No.
9-2006]
(1)
All hearings administered by the Town Board or duly
appointed hearing officer shall be recorded.
(2)
If the hearing is held before the Town Board, it may
affirm or reverse, in whole or in part, the Town Clerk's denial or
suspension of a license, certificate or permit, with or without conditions,
and may revoke a license, certificate or permit, with or without conditions,
after such hearing.
(3)
If the hearing is held before a hearing officer he
shall file written findings and recommendations, including the action
to be taken and/or the amount of any fine or penalty, with the Town
Board no later than thirty (30) days from the close of the hearing.
The Town Board may accept or reject the recommendations of the hearing
officer, in whole or in part, with or without conditions.
(4)
The hearing officer shall mail his/her written findings
and recommendations to the applicant by regular or certified mail
no later than thirty (30) days from the close of the hearing.
G.
Decisions. The decision of the Town Board is final
and, shall be mailed to the applicant and file with the Town Clerk.
[Amended 2-10-2004 by L.L. No. 6-2004]
H.
Reapplications. A person whose license, certificate
or permit has been revoked shall not be permitted to reapply for a
period of at least one year from the date of the revocation.
[Amended 2-10-2004 by L.L. No. 6-2004]
A.
Waivers of disapproval or suspension. A certificate
of operation which has been disapproved or suspended due to use of
said vehicle in the commission of a crime, as prescribed in this chapter,
may be approved or reinstated with the filing of a request for a waiver
from the Town Clerk, after a determination by the Town Clerk, with
advice of the appropriate Police Department, that said vehicle's involvement
in the crime was not the liability of the business and/or vehicle
owner.
B.
Certificate of relief from civil disabilities. Anyone
convicted of a crime described hereinabove who has received a certificate
of relief from civil disabilities regarding said conviction, issued
by a court of competent jurisdiction, will not be subject to disapproval,
suspension or revocation based on said conviction, after a review
and determination by the Town Clerk that the crime would not endanger
the health, safety and welfare of the residents of the Town of Huntington.
[Amended 2-10-2015 by L.L. No. 12-2015]
The Town Clerk shall keep a record of all applications, disapprovals,
suspensions, revocations and complaints regarding licenses, certificates
and permits, together with any reports in respect thereto.
