The following words, for the purpose of this chapter, shall have the
meanings herein indicated:
BUSINESS
One or more acts relating to transporting a passenger or passengers
for hire.
CRUISING
The driving of a taxicab upon a street for the purpose of soliciting
or the plying of prospective passengers for hire.
DRIVER
Any person driving a taxicab for hire upon a street.
OPERATE
The picking up of a passenger for hire within the Village, whether
such passenger is discharged at a destination within the Village or without
the Village. 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 Village to points of destination
within the Village or through the Village.
OWNER
Any person owning one or more taxicabs and driving or causing any
such vehicle to be driven upon the street for hire. "Owner" shall also include
a purchaser under a reserve title contract, conditional sales agreement or
vendor's lien agreement and the lessee of any such vehicle or vehicles.
PASSENGER
A person other than the drive who is an occupant of a taxicab. For
the purpose of this chapter, such person or persons shall be presumed to be
passenger for hire.
PERSON
An individual, firm, partnership, unincorporated association, corporation
or any other legal entity.
STREETS
Any street, highway, avenue or other public thoroughfare located
within the Village.
TAXICAB
A motor vehicle used in the business of carrying passengers for hire,
other than a limousine, and not operated on a fixed route.
TAXI STAND
A public place alongside the curb of a street or elsewhere which
has been so designated by the Village Board.
TERMINAL
A fixed base of operation of the owner of a taxicab or limousine.
VILLAGE
The Village of Kiryas Joel.
Each applicant shall, before the issuance to him of a license under
this chapter or any renewal thereof, file with the Village Clerk a certificate
of insurance that the applicant and each motor vehicle is insured against
public liability in an amount not less than the minimum limits required by
the laws of the State of New York for personal injury and property damage
or such minimum amounts determined by the Board of Trustees, whichever is
greater. The insurance policy shall be maintained in force during the period
covered by the license. Such certificate and insurance policy shall provide
that the Village shall be given 30 days prior written notice of cancellation.
Such policy shall not be cancelled or suspended either by the insured or the
insurer unless at least 30 days' notice, in writing, of the intention to cancel
or suspend such policy has been filed with the Village Clerk. Upon suspension
or cancellation of insurance, the license of said operator shall stand suspended
until such time as an acceptable policy or certification of insurance shall
be on file with the Village Clerk.
Every person applying for an owner's license shall file, together with
the fees for such license, with the Village Clerk a written application upon
forms to be furnished by the Village Clerk, verified under oath, stating:
A. The name and address of the applicant, specifying, in
the case of any unincorporated association, the name and address of each member
thereof, and, in the case of a corporation, the name and address of each officer,
director and shareholder owning 20% or more of the shares thereof.
B. A complete statement by the applicant specifying the
amounts of all unpaid judgments against the applicant and the nature of the
transaction or acts giving rise to said judgments and the name and location
of the court in which and the date on which each was entered.
C. All motor vehicle-related misdemeanors or felonies of
which the applicant, or any member thereof if an unincorporated association,
or any officer, director and shareholder owning 20% or more of the shares
thereof if a corporation, has been convicted. The applicant shall state the
name and location of the court, the date of such conviction and the sentence
imposed.
D. The experience in the transportation of passengers of
the applicant, or of each member thereof if an unincorporated association,
or of each officer, director and stockholder owning 20% or more of the shares
thereof if a corporation.
E. That the public convenience and necessity require the
granting of a license.
F. Any trade name under which the business is operated,
together with a certified copy of the certificate thereof on file with the
County Clerk.
G. The number of vehicles to be operated by the applicant
and description of each such vehicle, including the make, model, passenger
seating capacity, year of manufacture, copies of a current New York State
registration of a type which permits the use of the vehicle as a taxicab,
vehicle identification number and, if it has ever been in any accident, the
date and nature of the accident and a description of the damage done to such
vehicle.
H. The age of the applicant, or of each member thereof if
an unincorporated association, or of each officer, director and shareholder
owning 20% or more of the shares thereof if a corporation.
I. The location of any and all taxi stands proposed to be
established by the applicant and terminals proposed to be used by the applicant.
J. Any other relevant information which the Village Clerk
may require.
Any motor vehicle licensed under this chapter may be withdrawn from service during the term of the license and some other motor vehicle substituted in the place thereof, provided that notice is filed with the Village Clerk with the information required by §
134-5G and authorization is obtained from the Village Clerk before such substituted vehicle is placed in service. The requirements for the substituted vehicle shall be the same as the requirements hereinbefore specified for the vehicle originally licensed with sticker issued at no charge.
The following regulations shall apply to all licenses and to all persons
holding any license or licenses issued pursuant to this chapter.
A. Every taxicab licensed under this chapter shall have
affixed in a conspicuous place in the interior thereof the license issued
by the Village Clerk and the taxicab driver's license of the person driving
and operating the same. Each vehicle must also display the company name and
vehicle number in the front and back of the vehicle. Vehicle numbers shall
not be less than six inches by four inches in size.
B. No taxicab driver shall induce any person to be carried
by any taxicab by willful misrepresentation.
C. Every taxicab owner shall keep the inside of taxicabs
operated in his business in a clean and sanitary condition, and every driver
shall at least once a day thoroughly clean the inside of every taxicab operated
by him that day.
D. Every taxicab shall provide windows in the tonneau or
passenger section of the cab sufficient in number and of such size and dimensions
so that at all times persons may be readily seen through the windows with
sufficient distinctiveness as to identify such persons. Taxicabs shall not
have tinted windows.
E. No taxicab driver shall cruise in search of passengers.
F. No taxicab driver shall drive or operate a taxicab while
he is under the influence of alcohol or any other controlled substance, nor
shall be drink intoxicating liquor or take any controlled substance while
on duty. A taxicab driver shall be deemed to be under the influence of alcohol
and/or a controlled substance if the driver does not satisfy the most stringent
standards found in the New York Vehicle and Traffic Law.
G. No taxicab driver shall at any time so fasten or lock
the doors on the cab that it is impossible for a passenger to open the same
from the inside, and every cab shall be provided with means for fastening
the doors so that they may be readily opened on the inside by a passenger.
H. All taxicab drivers shall neither refuse nor neglect
to convey any orderly person or persons upon request, unless presently engaged
or unable to do so due to his physical condition or the condition of the vehicle.
I. All taxicab owners shall keep a written record of all
taxicab calls on a form approved by the Village Clerk, and all records must
be kept for at least one year.
J. Every taxicab driver shall deliver any property left
by a passenger to the Village Hall within 24 hours of its discovery.
K. No taxicab driver or owner shall permit any other person
to use his license.
L. No taxicab driver shall operate any cab for more than
12 hours continuously in any twenty-four-hour period.
M. Every taxicab driver shall, at the start and conclusion
of each period of duty, inspect all lights on the taxicab he has been driving,
test the horn or other signaling device and report any failures, together
with any brake failures or other mechanical failures, to his employer, and
any and all such failures shall be corrected before the cab is again placed
in service.
All taxicabs shall be inspected at least once a year or upon the receipt
of a complaint by the Village. The annual inspection shall be made at the
time of license renewal. If a taxicab shall be found not reasonably safe for
operation, the Village shall order the cab withdrawn from service, and it
shall not thereafter be used or operated as a taxicab until such defects are
remedied and approved by the Village Trustees.