§ 239-2Legislative intent.
§ 239-4Taxicab or vehicle for hire operating
§ 239-4.1Limit on number of taxicab or
vehicle for hire operating licenses permitted.
§ 239-5Taxicab operating license fees.
§ 239-6Vehicle for hire operating license
§ 239-7Vehicle for hire fleet operating
§ 239-7.1Operating license for vehicles providing medical transportation.
§ 239-8Application for taxicab or vehicle
for hire operating license.
§ 239-9Persons prohibited from receiving
license; appeals; licenses not transferable.
§ 239-10Issuance of taxicab and vehicle
for hire operating licenses.
§ 239-11Assignment of taxicab license
§ 239-12Register of licensed taxicabs
and vehicles for hire.
§ 239-13Inspection and reinspection of
vehicles; inspection stickers.
§ 239-14Identification and marking of
§ 239-15Display of driver's photograph,
rate card and rates.
§ 239-16Duration of taxicab or vehicle
for hire operating license.
§ 239-17Suspension or revocation of taxicab
or vehicle for hire operating license.
§ 239-18Taxicab driver's license required.
§ 239-19Taxicab driver's license fee;
proration of fee; exceptions.
§ 239-20Application for taxicab driver's
§ 239-21Appeal of denial of taxicab driver's
§ 239-22Form, contents and issuance of
taxicab driver's license.
§ 239-24Record of taxicab driver's licenses.
§ 239-25Duration of taxicab driver's
§ 239-26Suspension or revocation of taxicab
§ 239-27Taxicab driver's license to be
§ 239-28Tampering with taxicab driver's
§ 239-29Issuance of duplicate license;
§ 239-30Transfer or assignment of taxicab
operating license prohibited.
§ 239-31Discontinuance or abandonment
§ 239-32Change of address.
§ 239-33Designation of taxicab stands.
§ 239-34Use of taxicab stands.
§ 239-36Refusal to provide services.
§ 239-37Cruising or soliciting.
§ 239-38Trip records.
§ 239-39Number of passengers restricted.
§ 239-41Schedule of rates for taxicabs.
§ 239-42Permits for exterior advertising.
§ 239-43Snow tires or chains required.
§ 239-44Penalties for offenses; enforcement.
§ 239-45Police Chief authority to approve
This chapter shall be known as the "Taxicab and Vehicle for Hire Licensing Law of the Village of Spring Valley."
The Board of Trustees hereby declares that the transportation of persons by motor vehicles available for hire in the Village of Spring Valley is a vital public service which must be licensed and regulated in order to protect the health, safety and welfare of individuals using such services.
Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the meanings given them by this chapter:
- OPERATOR and/or OWNER
- A person, firm or corporation owning, controlling the use of or engaged in the business of operating one or more taxicabs for hire upon the streets of the Village.
- RATE CARD
- A rigid white sheet of paper not less than 8 1/2 inches by
11 inches, encased in a clear transparent wrapper to be securely affixed
to the vehicle so as to be clearly visible to passengers in the vehicle
and clearly readable, containing information as required pursuant
to this chapter. No printing thereon shall be in other than black
letters, not less than 1/2 inch high.[Amended 3-28-2006 by L.L. No. 4-2006]
- Any motor vehicle engaged in the business of carrying persons
for hire, whether the same is operated from a street stand, a garage
or otherwise operated for hire, except vehicles known as "jitneys,"
"buses," livery vehicles providing transportation to and from medical
providers, such as doctors, hospitals, clinics and other providers
of medical services without charging a fee to those being transported
or subject to the provisions of the Transportation Corporation Law
or used by undertakers in carrying on their business. Notwithstanding
anything above written, "taxicabs" shall include a livery vehicle
or any vehicle for hire carrying passengers, unless specifically excluded
under any provision of this chapter. Taxicab drivers shall include
drivers of livery vehicles for hire carrying passengers.[Amended 3-28-2006 by L.L. No. 4-2006; 4-26-2011 by L.L. No. 9-2011]
- TAXICAB DRIVER'S LICENSE
- A current, unexpired license granting permission by the Village
to any person to drive a licensed taxicab or vehicle for hire upon
the streets of the Village.[Amended 9-24-1996 by L.L. No. 4-1996]
- TAXICAB OPERATING LICENSE
- A current, unexpired license granted by the Village to any
person, firm or corporation to operate or keep for hire any taxicab
in the Village.[Amended 9-24-1996 by L.L. No. 4-1996]
- TAXICAB STAND
- Any place or location which may be designated by the Village for the parking or standing of taxicabs.
- VEHICLE FOR HIRE
- Any motor vehicle engaged in the business of carrying persons
for hire which does not operate from street stands and is not available
for hail except buses, jitneys, livery vehicles providing transportation
to and from medical providers, such as doctors, hospitals, clinics
and other providers of medical services without charging a fee to
those being transported or those used by undertakers. A vehicle displaying
a license plate designated by the New York State Department of Motor
Vehicles for use by vehicles for hire shall be presumed to be so engaged.[Amended 4-26-2011 by L.L. No. 9-2011]
- VEHICLE FOR HIRE OPERATING LICENSE
- A current, unexpired license granted by the Village to any
person, firm or corporation to operate or keep a vehicle for hire
in the Village.[Amended 9-24-1996 by L.L. No. 4-1996]
No taxicab or vehicle for hire may be kept for hire or pay nor pick up passengers for hire or pay within the Village, unless a taxicab or vehicle for hire operating license, together with an inspection certificate and sticker for the same, has been duly issued and is in full force and effect.
There shall be no more than 250 taxicabs or vehicle for hire operating licenses issued by the Mayor as of the effective date of this section. No license may be transferred or assigned to any other person, firm or corporation by a license holder.
If at the end of the license year as provided for in § 239-16 of this chapter, there are licenses that have not been renewed or for any other reason are not held by a person, firm or corporation, then said licenses shall be made available to persons, firms or corporations as follows: One half of said unused licenses shall be held by the Village of Spring Valley and the maximum number of licenses shall be reduced by that number, but in no event shall the maximum be less than 225. The remaining unused licenses shall be awarded to persons, firms or corporations by a lottery system to be conducted by the Village Clerk on June 15 of each year. Eligible persons, firms or corporations shall be taken from an open list to be maintained by the Village Clerk of anyone interested in obtaining a new taxicab or vehicle for hire operating license. Should any of the lottery winners not obtain a license for any reason by August 15 of said license year, then the clerk shall hold a new lottery on said date from the eligible list as it exists on said date. The licenses so issued under this section shall be for the remainder of the license year.
Notwithstanding the requirements set forth in § 239-4.1A and B, the Village Clerk shall issue a taxicab or vehicle for hire license to an operator and/or owner, including a fleet owner, who can establish that he/she has operated such taxicab or vehicle for hire in the Village of Spring Valley for at least six months prior to April 13, 2010, provided such operator or owner files an application for an operating license with the Village Clerk within 30 days after the effective date of this amendment to the Village's Taxicabs and Vehicles For Hire chapter and completes all other requirements of said chapter.
The fee for a taxicab license for each taxicab licensed and the fee for annual renewal thereof shall be as set forth in Chapter 118, Fees.
The fee for a vehicle for hire operating license for each vehicle licensed and the fee for annual renewal thereof shall be as set forth in Chapter 118, Fees.
Any person, firm or corporation operating five or more vehicles for hire in the name of such person, firm or corporation may apply for a fleet operating license covering up to 25 vehicles. Each such vehicle shall be licensed and inspected in accordance with the applicable provisions of this chapter. The fee for such fleet operating license for the initial registration and the annual renewal thereof shall be as set forth in Chapter 118, Fees.
Any transfer or substitution of vehicles within the registration period shall be charged a fee per vehicle as set forth in Chapter 118, Fees. Such vehicle shall be registered and inspected.
Said reduction of fee shall be in recognition of the prohibition of said vehicles to cruise for passengers, accept hails, park at taxicab stands or in any other way obtain passengers, except through telephone requests.
Any person, firm or corporation operating vehicles providing exclusively medical transportation to and from medical providers, such as doctors, hospitals, clinics and other providers of medical services without charging a fee to those being transported shall apply for a fleet operating license covering up to 25 vehicles. Such vehicles shall have signs on their bodies setting forth the name of the fleet. The individual vehicles need not be licensed or inspected by the Village. The fees for a fleet operating license shall be as set forth in Chapter 118, Fees.
An application for a taxicab or vehicle for hire operating license shall be made by the owner to the Chief of Police upon forms furnished by the Chief of Police and/or the Village Clerk. Said application shall contain the following information:
The name, date of birth and residence of the person applying for the license and prior arrests and convictions.
The type of motor vehicle to be licensed and the state license number.
The location of the taxicab dispatch center or centers to be used by the operator during the license year, the name of the owner of each such dispatch center, the name of the manager or other employees in charge of each such dispatch center and the telephone number of each such dispatch center.
Such other information as the Chief of Police may deem necessary for the safety and convenience of the public.
No taxicab or vehicle for hire operating license shall be issued to any person who has been convicted of a felony or any sex offense or who has been found not to be of good moral character. Any applicant refused a license by the Chief of Police may appeal to the Board of Trustees, which may direct, after investigation, that a license shall be issued to operate a taxicab or vehicle for hire to a person who has been convicted of a felony, other than a sex offense, upon ample proof being submitted to the Board of Trustees that the applicant has been a person of good moral character for a period of three years preceding the date of filing the application for a taxicab or vehicle for hire operating license.
Each taxicab and vehicle for hire operating license issued shall be personal to the licensee and shall not be transferred by the licensee. A transfer shall include a change in beneficial ownership of more than 25% of the stock of any corporate licensee, except as a result of testamentary or intestate succession.
A taxicab or vehicle for hire operating license shall be issued by the Mayor, upon recommendation of the Chief of Police, provided that the applicant has complied with all the provisions of this chapter. Said license shall be countersigned by the Village Clerk.
Upon the issuance of a taxicab license, the Village Clerk shall thereupon assign and designate a number for such licensed taxicab which shall be displayed on the front fenders behind the wheel well, as well as the upper quarter panel of said taxicab, in numbers at least six inches in height and 1/2 inch in width in a color that contrasts with the background color of the taxicab, so that the same is legible at a distance of 50 yards during daylight hours. Said numbers shall also be displayed in the interior of the taxicab in numbers at least two inches high, so that the same is visible to passengers in the front and rear of the taxicab. Such requirements as to display shall not apply to vehicles for hire carrying passengers.
The Village Clerk shall keep a register or card index of the name of each person owning or operating a taxicab or vehicle for hire licensed under this chapter, together with the license number and description, make and color marking of such vehicle. Such record shall be open to the inspection of the public at all reasonable times. A copy of each said license and register shall be filed with the Police Department.
A taxicab or vehicle for hire exterior and interior shall be kept in a clean and good condition, and all parts of the taxicab and vehicle for hire shall be in good working order and in safe condition.
The taxicab or vehicle for hire shall be inspected as to its exterior and interior condition prior to the issuance or renewal of a taxicab operating license or vehicle for hire operating license.
It shall also be similarly inspected upon reapplication for a license and at such other times as are deemed necessary and proper for the maintenance of safe and sanitary conditions for the public. An inspection sticker shall be issued by the Village Clerk's office for every taxicab and vehicle for hire that has been inspected by the Clerk and that has been found to be in satisfactory condition. Such sticker shall be affixed to the upper left portion of the rear window.
The Board of Trustees is authorized to establish such additional rules and regulations as are necessary to ensure the condition of fitness for operation and use of taxicabs and vehicles for hire, and it shall establish the form of certificate to be issued therefor.
Issuance or renewal of licenses.
No license shall be issued, reissued or renewed and no taxicab or vehicle for hire may be operated unless it shall have a current, unexpired New York State inspection sticker affixed to the vehicle as required by state law and has been certified after the Village Clerk's inspection as meeting the standards of condition and cleanliness as provided in this chapter. Said taxicabs or vehicles for hire must be inspected and certified within 30 days of acceptance of application by the Village for a new or renewed license. If said certification is not approved within the aforementioned period, the application shall be considered null and void and the fee paid by the applicant shall be forfeited.
If said application is for a replacement of a vehicle already certified, the applicant shall have 30 days from the date of receipt of the application by the Village Clerk to have said replacement vehicle inspected and certified. If said certification is not obtained on the replacement vehicle within the aforementioned period of time, the application for replacement shall be null and void, and the license presently held by the applicant on the original vehicle to be replaced shall be declared void, and said fee originally paid shall be forfeited.
The following items on each vehicle shall be inspected prior to the issuance of a license or renewal license:
Condition of paint on the vehicle.
Body of the vehicle, including rust conditions.
Lettering of said vehicle.
Interior lights, including the dome light and the light illuminating the taxicab or vehicle for hire license and rate card.
Illuminated dome light which shall illuminate the word "taxi."
Cleanliness of windows and glass.
Any other items that the inspector shall deem necessary and proper.
All taxicabs shall be clearly identified or marked on the exteriors as follows:
Light on the roof, with legend "Taxi" to be lit at night.
The name of the company, owner or operator and the phone number in three-inch minimum and six-inch maximum lettering or an approved decal on each front door. If space is inadequate for the telephone number to appear on the front doors, the telephone number shall be placed on the rear quarter panels above the rear tires.
Identifying numerals four inches high on the center of the rear trunk deck so as to be legible from the rear.
All taxicabs shall be painted Kelly green, except that all taxicabs that have an agreement with a base operator to receive taxi calls from a dispatcher shall be painted the color registered by the base operator with the Village Clerk, and all markings required or permitted by this chapter to be on the surface of the vehicle shall be in black.
All base operators shall register a color for all taxicabs receiving taxi calls from a dispatcher and shall register the color of their cabs with the Village Clerk by January 10 of each year. Any new base operator must register a color other than Kelly green or any other color already registered. In case of dispute over a color, the Village Clerk shall have authority to decide on the color or the priority of a base operator to a color, subject to the right of the aggrieved base operator to appeal the Clerk's decision to the Village Board. The Village Clerk or the Village Board shall afford an opportunity to be heard on any dispute under this provision.
Each taxicab shall display at all times a rate card which shall contain the name and address of the owner of the taxicab and the number assigned to said taxicab. The rate card shall also contain a schedule of fare charges as determined by the Board of Trustees.
Each taxicab and vehicle for hire shall display at all times the driver's license of the driver of the taxicab or vehicle for hire issued by the Police Department of the Village of Spring Valley, containing a photograph of the driver with the driver's name, date of birth, a description of the driver, motorist identification number and Spring Valley driver's license number, as assigned. Each driver of a taxicab or vehicle for hire shall wear and display on the exterior of his or her clothing, so as to be visible to the customer, an identification tag provided by the Clerk containing the driver's license number while actually engaged in the taxicab or vehicle for hire business.
The required card or cards shall be placed on the dashboard inside said taxicab or vehicle for hire and shall be illuminated after sundown so that they are clearly readable from the rear seat by the passenger.
A notice shall be placed in each taxicab, livery cab or vehicle for hire carrying passengers attached to the dashboard, as well as to the rear of the front seat which shall be in the form of a sticker which shall be provided by the Village Clerk.
Each taxicab shall have displayed on the rear doors thereof the maximum permitted fare rates currently in effect.
A taxicab and/or vehicle for hire operating license shall be issued for a one-year period beginning on the first day of April and expiring on the last day of March, of each year, unless sooner suspended or revoked.
A taxicab operating license or vehicle for hire operating license may be suspended by the Chief of Police for good and proper reasons and in the interest of the Village until the next regular meeting of the Board of Trustees, at which time such Board shall review and determine the question of revocation, suspension or return of the license.
A taxicab operating license or vehicle for hire operating license may be suspended or revoked by the Board of Trustees after a hearing if it is found that the vehicle licensed as a taxicab or vehicle for hire has been used:
No person shall drive, nor shall any person permit a taxicab or vehicle for hire to be driven on the streets of the Village unless a driver thereof has been duly licensed and unless there is in full force and effect a Village taxicab driver's license to drive such taxicab.
The fee for a taxicab driver's license and renewal thereof shall be as set forth in Chapter 118, Fees. No license fee shall be prorated. No license fee shall be charged for owners of duly licensed taxicabs or vehicles for hire and for stockholders of corporations licensed to operate taxicabs and vehicles for hire in the Village unless they drive such motor vehicles.
An application for a Village taxicab driver's license shall be made to the Chief of Police on forms designated by the Chief of Police. No license shall be issued or renewed unless it appears from said application and from any investigation that the applicant:
Has been issued and currently maintains a valid New York State chauffeur's license.
Is of sound mind and body and of good health and eyesight and is not subject to any physical or emotional disability which might render him unfit for safe operation of the taxicab.
Is a person of good moral character.
Has not been convicted of a crime, misdemeanor or traffic violation offense, which violation offense is indicative of unsafe driving. Parking violations of any kind or wherever issued shall not be considered crimes, misdemeanors or traffic violation offenses within the meaning of this chapter.
Is able to read, speak and write the English language.
All applicants for a Village taxicab driver's license pursuant to this section shall be digitally fingerprinted and photographed by the Chief of Police or his or her designee.
Any person denied a driver's license by the Chief of Police may appeal said determination to the Board of Trustees within 30 days after receiving written notification thereof. Such Board may grant a license if it finds that the applicant has met the standard of this chapter or that the provisions of this chapter be waived, because of undue hardship, and that the safety of the public will not be diminished thereby.
Upon satisfactory fulfillment of the requirements set forth in § 239-20, there shall be issued to the applicant for a Village taxicab driver's license a license which shall be in such form as to contain the signature of the licensee and the blank spaces for such additional information as the Chief of Police may require in the interest of the public safety and convenience. Each license shall be stamped by the seal of the Village. 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 date of issuance.
A record of applications and Village taxicab operator's licenses issued, and all renewals, suspensions, and revocations thereof, shall be kept on file in the Village Clerk's office.
A Village taxicab driver's license shall be valid for a one year period commencing January 1st and ending December 31st, of each year, unless sooner suspended or revoked. A license issued during the year shall be valid until December 31st of the year issued.
A taxicab driver's license may be suspended by the Chief of Police or the Mayor or any person so designated for good and proper reasons and in the interest of this Village until the next regular meeting of the Board of Trustees, at which time such Board shall review and determine the question of revocation, suspension or return of the license.
A taxicab driver's license may be suspended or revoked by the Board of Trustees or persons so designated if it is found by the Board of Trustees or persons so designated after a hearing that the vehicle licensed as a taxicab has been used:
Any taxicab driver's license issued pursuant to this chapter shall be carried by the licensee at all times when such licensee is operating or in charge of any taxicab.
Any person licensed as a taxicab driver who defaces, removes or obliterates any official entry upon his license shall be punished by a fine, imprisonment and/or suspension of his license.
Whenever a license issued pursuant to the provisions of this chapter shall be lost, stolen or destroyed, without fault on the part of the holder, his agent or employee, a duplicate in lieu thereof under the original application may be issued by the Chief of Police upon the filing of a sworn affidavit containing the facts of such loss or theft, together with a payment in the sum as set forth in Chapter 118, Fees.
A license issued hereunder shall not be assignable or transferable to any other person or be applicable to any motor vehicle other than the one specified therein. Any licensee who permits his license to be used by any other person and any person who uses such license granted or given to any other person shall be guilty of a violation of this chapter.
Every person to whom a taxicab driver's operating license has been issued under the provisions of this chapter shall, upon discontinuing or abandoning the operation or driving of a taxicab or vehicle for hire, return such license to the Village Clerk or the Chief of Police, unless such license has been lost or for other reasons cannot be restored. An affidavit explaining such loss shall thereupon be filed by the holder thereof with the Chief of Police.
Changes of address of a taxicab and vehicle for hire owner or driver shall be reported to the Chief of Police, in writing, within three days after such change by the owner or driver.
A space sufficient for the standing of two taxicabs shall be designated and marked as a taxicab stand on the south side of Municipal Plaza, east of Franklin Street, in the Village of Spring Valley. The Board of Trustees may locate and designate such other taxicab stands as it deems necessary and shall provide appropriate markings or signs to designate such stands.
Only taxicabs in such numbers as space shall be provided for may remain at the stand or stands designated. No vehicle shall occupy a stand or await hire or employment, unless a taxicab license or permit therefor has been issued by the Village. No taxicab, while waiting for hire at a stand, shall refuse to carry an orderly person who agrees to pay the proper rate of fare.
Report required. A motor vehicle accident report shall be filed with the Village Police Department within 48 hours after any accident arising from or in connection with the operation of a taxicab or vehicle for hire.
Inspection prior to returning to service. Taxicabs and vehicles for hire involved in accidents shall be inspected by the Village for safety and cleanliness before returning to public service.
No taxicab or vehicle for hire driver may refuse to provide service to any person, nor may the driver refuse to provide service to any person for transportation from the Village of Spring Valley to any point within the County of Rockland. No person shall be required to pay for any trip in advance.
A taxicab may pick up or discharge a passenger on any street in the Village when flagged by a prospective passenger or directed to do so by a passenger, provided that such taxicab pulls into the curb and does not block traffic. At no time shall a taxicab stop in the main traffic lane to pick up or discharge passengers.
Every owner, driver or his or her representative shall remain inside the taxicab when said taxicab is parked at a designated taxicab stand, except that, when necessary, a driver may be absent from his taxicab for no more than 10 consecutive minutes for personal reasons. Nothing herein contained shall prohibit a driver from alighting to the street or sidewalk for the purpose of assisting passengers into or out of the vehicle.
A trip record shall be kept by each licensed taxicab driver showing the time dispatched, the destination, the time of arrival at the destination, the number and sex of the passengers and the total fare. Such trip record shall be submitted to the Chief of Police upon request.
No driver shall permit more persons to be carried in a taxicab or vehicle for hire as passengers than the rated seating capacity of said vehicle as stated in the license for such vehicle issued by the Police Department.
Establishment. The Board of Trustees may establish maximum rates of fare or charges for transportation or conveyance of passengers, carrying of baggage, bulky items, waiting time and taxicab rental, which rates shall be prominently displayed as provided in § 239-15 hereof.
Enforcement. For the purpose of enforcing and effectuating such fare charging, the Board of Trustees may require and/or subpoena the books and records of any taxicab owner or operator to be examined by its duly designated agent, who shall report thereon to the Board of Trustees. The Board of Trustees shall take such action thereon as may be appropriate in the public interest.
No taxicab fare or charges shall exceed the following: $4.50 for the first two passengers and an additional $0.25 for each additional passenger over eight years old, being conveyed from any location within the Village to any other location within the Village. An unaccompanied child, regardless of age, may be charged the full adult fare. A child under the age of eight shall not be charged when accompanied by an adult.
No vehicle licensed pursuant to the provisions of this chapter shall carry any advertising on the exterior of such vehicle, including its roof and trunk, unless the owner thereof shall first have obtained a permit from the Mayor to carry such exterior advertising.
Such permits shall be issued for the license year of the operator's license or balance thereof unless sooner surrendered, suspended, revoked or terminated.
The fee for the issuance of such permit and any annual renewal thereof shall be as set forth in Chapter 118, Fees.
Applications for such permits shall be filed with the Village Clerk upon forms which shall be promulgated by and provided by the Clerk.
The Mayor may promulgate such rules and regulations as are necessary to carry out the provisions of this section, including, but not limited to, the type and size of any advertising display space and any rules to insure public safety from the attachment of any advertising display spaces to the exterior of vehicles.
Notwithstanding any other provision of law to the contrary, the Mayor, subject to the approval of the Village of Spring Valley Board of Trustees, may revoke any individual permit issued pursuant to this section for exterior advertising, if advertising showed in the exterior display is offensive to public morals, and is not removed from public display within a period of fifteen days upon specific request for such action from the Mayor.
Notwithstanding any other provision of this chapter, no permit shall be required for the display of any bumper sticker affixed to either the front or rear bumper of a vehicle subject to this chapter.
No permit issued under this section shall be transferred or assigned.
No taxicab or vehicle for hire may operate at a time when there is snow or ice on the street pavement unless there are snow tires or chains on both rear wheels. The Police Chief shall determine the specifications of such snow tires.
An appearance ticket shall be issued for a violation of any section of this chapter and shall be returnable before a Justice of the Village of Spring Valley Justice Court.
Upon the conviction of any section of this chapter, the penalty shall not exceed $5,000 and/or 15 days in jail for each section violated and suspension or revocation of the Village taxicab driver's license, taxicab operating license or vehicle for hire operating license.
The Police Chief of the Village of Spring Valley is authorized to approve minor changes in the notice requirements of this chapter to accommodate those taxicabs, livery vehicles and vehicles for hire with passengers where full compliance with these requirements would be unduly burdensome.