[HISTORY: Adopted by the Town Board of the
Town of Bethel 8-18-1990 by L.L. No. 2-1990 (Ch. 122 of the 1990
Code). Amendments noted where applicable.]
Unless otherwise expressly stated, whenever
used in this chapter, the following words shall have the meanings
given to them by this section:
A fixed base of operation of the owner of a taxicab or limousine
to be situated in the Town of Bethel.
Any person who engages in the business of driving a taxicab,
whether such person is the owner or employed by a taxicab owner.
The picking up of a passenger for hire within the Town of
Bethel, whether or not such passenger is discharged at a destination
within the Town. Nothing in this chapter shall apply to abridge, limit
or regulate the right of any person not licensed hereunder to convey
passengers by taxicab or limousine from points of origin outside the
Town of Bethel to points of destination within the Town of Bethel
or through the Town of Bethel.
Includes any person owning or having control of the use of
one or more taxicabs used for hire upon the streets of the Town of
Bethel or engaged in the business of operating a taxicab.
A person other than the driver who is an occupant of a taxicab.
For the purpose of this chapter, such person or persons shall be presumed
to be a passenger for hire.
Includes any motor vehicle engaged in the business of carrying
persons for hire, whether the same shall be operated from a street
stand or subject to calls from a base of operations.
Includes any place along the side of the street or elsewhere
which is deemed, by owner permission, reserved for the use of taxicabs.
A.
No taxi, hack automobile or other vehicle transporting
persons for hire shall operate upon the street or highway or anywhere
else within the Town of Bethel, unless the owner thereof shall have
first obtained a license to so operate from the Town Clerk of said
Town.
B.
The Town Clerk is hereby authorized to issue such
a license upon receipt of a proper application countersigned and approved
by the Town Board and the payment of the annual fee hereinafter provided
for.
A.
A public hearing shall be held by the Town Board having
determined that it is in the public interest to issue such license;
that there is a necessity for the service proposed by the applicant
and that the public will be convenienced by such service.
B.
Any license required by this chapter may, for any
good and sufficient reason, be refused to any applicant, and any license
that shall have been granted may, before expiration, be revoked by
the Town Board and all licenses and privileges thereof terminated
after a hearing and opportunity given to the holder to be held.
Unlicensed cabs shall not pick up fares inside
the Town of Bethel. Cabs unlicensed by the Town of Bethel may transport
people into the Town of Bethel, wait for them and return them to their
destination.
Such license, when issued, shall expire on December 31 of the year in which it was issued. The fee therefor shall be established pursuant to Chapter 167, Fees.
A.
Every applicant for a license pursuant to this chapter
shall make application in writing on a form to be provided by the
Town Clerk giving:
B.
No additional vehicle shall thereafter be added until
information is provided to the Town Clerk showing the year, make and
seating capacity of the vehicle licensed.
Each applicant shall, before the issuance of
a license, file with the Town Clerk a certificate of issuance that
the applicant and each motor vehicle is insured against public liability
in at least 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.
A.
Every vehicle licensed under this chapter shall be
maintained in a safe operating condition with adequate brakes and
lights, and failure to keep such vehicle in that condition shall be
grounds for revocation of the license.
B.
Such license shall likewise be revoked upon showing
that said applicant is a chronic violator of the speed laws and regulations
of the State of New York.
Any person wanting to operate a taxi service
within the Town of Bethel shall obtain a license under this chapter
only at a regular meeting of the Town Board in the manner following:
A.
The applicant shall obtain an application form supplying
the information requested and file such application, accompanied with
statutory fees.
B.
The Town Clerk shall furnish the applicant with a
list of the names licensed under this chapter, and it shall be the
duty of the applicant to serve upon each person, either personally
or by registered mail, a copy of the application with a notice of
the time where and the place where the Town Board will meet to consider
such application. Such notice shall be given at least 15 days prior
to the date of the hearing. The day of personal service or of mailing
shall be included with the time prescribed.
C.
The applicant, upon such hearing, shall establish
to the satisfaction of the Town Board his competency and ability to
provide the service proposed, the need for service and that the public
will be convenienced thereby.
The location of any and all taxi stands proposed
to be established by the applicant and base proposed to be used by
the applicant shall be presented before approval of license.
A.
It shall be unlawful for any taxicab driver to charge
fares in excess of the schedule of rates presented with the application.
B.
Every taxicab owner, operator or driver shall at all
times have available inside of the taxicab operated by him a schedule
of these rates in such form as to destination and pickup fees.
C.
No person shall charge or attempt to charge any passenger
a greater rate of fare than that which the taxicab presented with
the application.
Any person committing an offense against any
provision of this chapter shall, upon conviction, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding $250 or by imprisonment for a term not exceeding
15 days, or by both such fine and imprisonment. The continuation of
an offense against the provisions of this chapter shall constitute,
for each day the offense is continued, separate and distinct offense
hereunder.
