A.
The purpose of this chapter is to regulate the activities
of taxicabs and other vehicles for hire in the Town of Southampton.
History has shown that there is a need for investigation and review
of the conduct of taxicab drivers and vehicles for hire in order to
ensure the health, safety, and welfare of residents and visitors within
the Town. Indeed, one of the Town Board's highest priorities is to
promote public safety, economic well-being, and highway safety and
usage within the community.
B.
Thus, this chapter is intended to enhance the peace
and security of our citizens in their homes and neighborhoods; to
safeguard consumers against price-gouging, fraud, and inferior services;
and to prevent unsafe driving conditions on the public roads and highways
of the Town.
C.
Because a variety of administrative costs will be
incurred in connection with the issuance and recording of licenses,
as yet undetermined in the regulation and enforcement of such licenses,
the Board seeks to set all fees within this chapter by Town Board
resolution. In doing so, the Board is able to better facilitate any
necessary changes that may be required in the future.
D.
This chapter also intends to involve the Licensing Review Board in matters relating to the suspension and revocation of licenses. Pursuant to § 143-11B of the Town Code of the Town of Southampton, the Licensing Review Board's function is to "hear and determine any complaint or grievance that may be the basis for suspension or revocation" of a license granted under Chapter 143 of the Town Code for reasons including, but not limited to, fraud, misrepresentation, bribery, and bad faith. The Town Board seeks to expand upon this consumer protection role to include hearings on licenses granted under this chapter.
A.
Word usage. Words used in the singular below and elsewhere
in this chapter shall include the plural and vice versa. The word
"shall" is always mandatory.
B.
BUSINESS
DEPOT
EFFECTIVE DATE
FARE
IDENTIFICATION DEVICES
LICENSE
LIMOUSINE
LIVERY VEHICLE
OPERATOR
OWNER
PASSENGER
PERSON
PRICE GOUGING
TAXICAB
TAXICAB STAND
TERMINAL
TOWN or TOWN OF SOUTHAMPTON
TRANSPORTATION FOR HIRE
TRANSPORTATION NETWORK COMPANY
VEHICLE FOR HIRE
VILLAGE
The following terms as used herein shall have the
following meaning:
Includes any single act of transporting a passenger or passengers
in a motor vehicle for hire or for compensation of any kind upon the
public roads and highways within the Town of Southampton.
An additional place of business, other than the business
office, in the area where an owner's terminal is located.
The date this chapter becomes effective: March 31, 2005.
A transportation charge or the price of passage or the sum
paid or due for conveying a person by taxicab or vehicle for hire.
Devices, including but not limited to licenses and placards
to be posted and/or maintained within a taxicab and vehicle for hire
as required herein.
Written authorization that permits a person to engage in
the business of transportation for hire or to employ others for such
purposes; permits the use of a specific vehicle in the business of
transportation for hire; and/or allows a natural person to operate
a motor vehicle engaged in transportation for hire.
Any motor vehicle engaged in transportation for hire pursuant
to an express written contract in connection with funerals, weddings,
proms and other events or functions of a similar nature.
[Amended 4-12-2016 by L.L. No. 7-2016]
Any motor vehicle engaged in transportation for hire when,
at the prior request of the passenger(s), the vehicle is used and
pickup is made by prior arrangement or dispatch, whether hired by
the hour, by the day or for a fixed fare, and/or so licensed by the
New York State Department of Motor Vehicles. For the purposes of this
chapter, vehicles for hire when operating through use of a transportation
network company, as defined herein, shall be considered livery vehicles.
[Added 4-12-2016 by L.L.
No. 7-2016]
A natural person to whom proper state and local licensing
for the operation of a motor vehicle for the purpose of transportation
for hire is issued.
A person to whom New York State registration of one or more
vehicles engaged in the business of transportation for hire is issued,
and/or a person owning or controlling one or more taxicabs and/or
vehicles for hire and operating or causing to be operated any such
vehicle(s).
Any person other than the operator/driver who is an occupant
of a taxicab or vehicle for hire upon the public roads and highways
within the Town of Southampton.
Any natural person, corporation, partnership, unincorporated
association, or any other organization of two or more persons.
Charging a passenger any amount above the posted rate.
Any motor vehicle engaged in the business of transportation
for hire, whether the same is operated from a street stand or subject
to calls from a garage.
[Amended 4-12-2016 by L.L. No. 7-2016]
Any space designated by the Town of Southampton for licensed
taxicabs and/or licensed vehicles for hire to park while waiting for
business.
A fixed base of operations for taxicabs or vehicles for hire
located within the area for which application is made and designated
as zoned for business, which also has adequate off-street parking
facilities for licensed vehicles when not in operation.
All unincorporated hamlet areas within the Town of Southampton.
The transporting of a passenger or passengers in a motor
vehicle for hire or for compensation of any kind, upon the public
roads and highways within the Town of Southampton.
An organization, including, but not limited to, a corporation,
limited-liability company, partnership, sole proprietor or any other
entity, that provides prearranged transportation services for compensation
using an online-enabled application or platform to connect passengers
with drivers using a personal vehicle.
[Added 4-12-2016 by L.L.
No. 7-2016]
Includes any motor vehicle used in the transportation of
a passenger or passengers, for hire or for compensation of any kind,
including Medical Transport, upon the public roads and highways within
the Town of Southampton.
[Amended 12-21-2023 by L.L. No. 45-2023]
Any incorporated village within the Town of Southampton.
The provisions of this chapter shall not apply
to vehicles operated solely for the following activities:
A.
Private vehicles not engaged in the business of transportation
for hire.
B.
Vehicles used solely for transportation of clients
or employees of its business owner, whether for a fee or not, and
are not made available for hire by other persons.
C.
Vehicles engaged in the transportation of hotel guests
and employees only.
D.
Vehicles engaged in the transportation of school pupils
and employees only.
E.
Buses, as defined by New York State Vehicle and Traffic
Law.
F.
Vehicles for hire engaged in transportation from a
point within the Town to a point outside the town, or from a point
outside the Town to a point within the town, or from a point outside
the town, through the town, and to a point beyond the town.
A.
On and after the effective date of this chapter, it
shall be unlawful for any person to engage in the business of transportation
for hire upon the public roads and highways within the Town of Southampton
without possessing a valid business owner license, operator license,
and/or vehicle license issued under the provisions of this chapter.
An offense against this provision shall constitute a misdemeanor.
B.
Applications for a license or license renewal shall
be filed annually with and on a form supplied by the Town Clerk and
shall include all information reasonably required by the Town from
time to time in order to administer the provisions of this chapter
and to assist in determining an applicant's fitness. All statements
contained in the application shall be in the form of a notarized and
sworn affidavit. A false statement made in this application is punishable
as a Class A misdemeanor pursuant to § 210.45 of the Penal
Law of the State of New York. A false instrument submitted by any
applicant is punishable as a Class A misdemeanor pursuant to § 170.05
of the Penal Law of the State of New York.
C.
Unless otherwise stated, all other offenses against
this chapter shall be considered violations.
D.
Any change in name, residence, business location,
or any change in the telephone number of the person designated for
service of legal process set forth in the license application shall
be reported in writing via certified mail, return receipt requested,
to the Town Clerk within seven days of the occurrence. Any other such
change shall be so reported in writing to the Town Clerk within 30
days of occurrence.
E.
Prior to the issuance of any license hereunder, the
Town Clerk shall refer all license applications to the Southampton
Town Police Department for review with regard to the fitness or desirability
of the applicant.
[Amended 12-13-2016 by L.L. No. 14-2016]
A.
Transfers unlawful. It is unlawful for any person
to transfer or assign any license or the identification device issued
under the provisions of this chapter to any other person or vehicle.
B.
Expirations. All licenses issued hereunder shall have
a term of no more than one year, and shall expire on the 31st day
of December immediately following the date of issuance.
C.
Renewals. Applications for renewal of all licenses
shall be made 60 days prior to the expiration date thereof. An application
for renewal of any license made more than 30 days after the expiration
date thereof shall be subject to an additional penalty fee.
A.
Suspension or revocation. Holders of licenses issued pursuant to this chapter shall surrender them to the Town Clerk immediately upon demand after the suspension or revocation thereof as provided in § 299-23 hereof.
B.
Sales. Holders of licenses issued pursuant to this
chapter shall notify the Town Clerk within 24 hours of the sale or
other disposition of a licensed vehicle. Holders of licenses shall
surrender the vehicle license to the Town Clerk no later than seven
days from the sale or other disposition of a business or any vehicle
and shall submit proof that the license plates have been surrendered
to the Department of Motor Vehicles.
C.
State actions. Holders of licenses issued pursuant
to this chapter shall surrender same to the Town Clerk no later than
seven days from suspension or revocation by the State of New York
of any relevant license, permit or registration.
A.
Public properties. Owners or operators involved in
transportation for hire shall not have exclusive rights to any location
on any road or highway, or on any public property, unless so prescribed
by a contract or franchise agreement with the public entity owning
said property.
B.
Owners or operators involved in transportation for hire shall not
stand, park, idle, occupy, wait for fares, solicit fares, pick up
fares, or otherwise use the parking areas at the property commonly
known as the "Bridgehampton Community House" and more particularly
described on the Suffolk County Tax Map as No. 900-86-1-8.001, without
a valid contract, license agreement or franchise agreement with the
Town of Southampton.
[Added 5-22-2012 by L.L. No. 6-2012[1]]
[1]
Editor’s Note: This local law also provided for the
redesignation of former Subsection B as Subsection C.
C.
State highways. Owners or operators involved in transportation
for hire shall not occupy any part of a state highway for the purpose
of soliciting passengers for so long as the same is governed and regulated
by New York State Vehicle and Traffic Law § 1157(c) and
§ 1800.
Business owners and operators are responsible
for ensuring that they and their agents take such training courses
as may be required from time to time by the State of New York, County
of Suffolk, and Town of Southampton specifically designed to educate
and familiarize them with the provisions of this chapter and/or customary
safety standards. Evidence of the satisfactory completion of such
courses shall be filed with the Town Clerk along with the license
application. Current license holders shall file with the Town Clerk
proof that they are regularly attending and/or have satisfactory completed
such courses.
