[HISTORY: Adopted by the Board of Trustees of the Village of Kiryas Joel 8-14-1985 by L.L. No. 1-1985; amended in its entirety 9-4-2007 by L.L. No. 5-2007. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 140.
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.
A. 
No person shall own or keep for hire within the limits of the Village any taxicab on or along any street in the Village without first obtaining the license hereinafter provided for. No person shall drive any vehicle for hire without first obtaining the license hereinafter provided for.
B. 
The Village Clerk is hereby authorized to issue such licenses as are hereinafter provided for upon receipt of a proper application countersigned and approved by the Board of Trustees of the Village and the payment of the annual fee.
C. 
Annual fee shall be fixed from time to time by resolution of the Board of Trustees.
A. 
Any licenses required by this chapter may, for any good and sufficient reason, be refused to any applicant. The Board of Trustees may limit the number of taxi licenses issued pursuant to this chapter if the Board, after reviewing Village population, traffic congestion, needs of public convenience and necessity for taxi services and other relevant factors, determines that it is in the best interest of the Village to limit the number of taxi licenses.
B. 
Any license that has been granted may, before the expiration thereof, be revoked by the Board of Trustees of the Village for good cause shown.
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.
A. 
Every person applying for a taxi driver's license shall file with the Village Clerk a written application upon forms to be furnished by the Village Clerk. The application shall contain the applicant's name and address, his age, the number and photocopy of his chauffeur's license issued by the State of New York, the name and address of his employer, if any, and such other information as may be required by the Board of Trustees. Each applicant shall also furnish not fewer then two unmounted photographs, two inches by three inches in size, which shall be recent photographs and be a substantial likeness of the applicant.
B. 
Each applicant shall also present recommendations of two people certifying the good character of the applicant.
C. 
Authorization for the Village to obtain a copy of the applicant's driving record and criminal history from the New York State Department of Motor Vehicles.
D. 
Medical certification.
A. 
All licenses issued under this chapter shall expire on May 31 following the date of issuance.
B. 
The annual license fees shall be set by resolution of the Board of Trustees from time to time as follows:
(1) 
Taxicab driver's license: not less than $75 per year.
(2) 
Taxicab owner's license: not less than $500 per year for the first vehicle and $25 per year for each additional taxicab.
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.
A. 
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $500 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, a separate and distinct offense hereunder.
B. 
The Board of Trustees may also impose administrative fines in similar amount to those set forth above, the payment of which shall be a condition of holding a license.
C. 
In addition or as an alternative to the above-provided penalties, the Board of Trustees may also maintain an action or proceedings in the name of the Village in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter.
D. 
Any taxi license holder or driver, employee or agent of any taxi license holder issued pursuant to this chapter who is found to be in violation of any section of this chapter by the Board of Trustees shall have his taxi license revoked.