No person shall drive a taxicab and no person shall permit anyone
to drive a taxicab within the limits of the City of North Tonawanda
without such driver or owner having first obtained and paid for and
having in force and effect a taxicab license under the provisions
of this chapter.
Vehicles operated as part of the bus transportation system or
operating with permission of the Interstate Commerce Commission, ambulances,
vehicles used by undertakers in the conduct of their business and
vehicles rented for the purpose of being driven by the person renting
the same shall be exempt from the provisions of this chapter.
Each applicant for a taxicab license must comply with the following,
to the satisfaction of the City Clerk.
A.
The
applicant must first have obtained a New York State chauffeur's
license.
B.
The
applicant must provide the following information on an application
to be provided by the City Clerk:
(1)
The name, residence and age of the owner of the taxicab.
(2)
The manufacturer and type of vehicle to be used, the serial number,
the New York State license number, the year of manufacture and the
seating capacity of the vehicle.
(3)
A photocopy of the applicant's New York State chauffeur's
license.
(4)
The date, location and expiration of the taxicab's most recent
inspection pursuant to § 306(b) of the New York State Vehicle
and Traffic Law.
(5)
Whether the vehicle has been previously licensed to operate as a
taxicab and, if so, for what year or years and in what municipality.
If an inspection exemption is being sought, the applicant must provide
a copy of any other valid taxicab license he may hold.
(6)
Whether the applicant has previously held an owner's license
and if said license has ever been revoked, and, if so, for what cause.
(7)
Number of taxicab licenses desired by the applicant.
(8)
Whether or not the applicant has ever been convicted of a felony
or misdemeanor.
C.
The
application shall be signed and sworn to by the applicant and filed
with the City Clerk as a permanent record.
D.
Any
false statements contained in such application for a taxicab license
shall be cause for refusing the license or revoking the license after
it is issued.
E.
Any
person, including but not limited to City officials, who is aware
or becomes aware of any false statement made by an applicant shall
promptly report the alleged false statement made by an applicant to
the Chief of Police who shall take the appropriate action.
F.
The
City Clerk is hereby authorized and empowered to require such additional
information as he may deem necessary.
G.
The
applicant shall, at the time of the filing of his application, provide
a certificate of insurance showing that the applicant has automobile
insurance covering property damage and bodily injury. The policy shall
indicate that notice of cancellation shall be given to the City of
North Tonawanda at least 10 days prior to the same. Further, the applicant,
by signature of the permit form, will agree to hold and save the City
harmless from any and all damages and/or causes of action which may
arise from his or her operating a taxicab within the City of North
Tonawanda.
[Added 3-19-2003]
H.
The
license holder shall sign an application indicating that he agrees
to hold the City harmless for any and all damages or suits or causes
of action arising out of his operating a taxicab within the City.
[Added 3-19-2003]
A.
The
City Clerk shall cause the motor vehicle described in the application
to be inspected and the taximeter attached thereto to be tested. The
motor vehicle must be found to be clean and in proper condition for
the safe transportation of passengers and the taximeter attached thereto,
upon test, must be found to register correctly.
B.
Inspection
waiver. No motor vehicle inspection shall be required where the applicant
can provide sufficient proof to the satisfaction of the City Clerk
that said vehicle is properly licensed and said taxi, as well as its
taximeter have been subject to inspection in one of the following
municipalities:
C.
If
a vehicle has been involved in an accident causing physical damage
so as to violate the above vehicle standards, it shall not be automatically
excluded from service if the vehicle can still be operated safely.
The taxicab owner shall have 24 hours to have the vehicle evaluated
by the Police Department in order to determine if the vehicle should
be taken out of service or to determine the exact date repairs will
be made. If a vehicle is taken out of service on account of the police
inspection of damage, the taxicab owner shall be notified in writing.
A.
Once
an applicant's motor vehicle has passed inspection, the taximeter
attached thereto shall be sealed. No sealing is required where a taximeter
hears a valid seal from the City of Niagara Falls, City of Buffalo
or City of Tonawanda certifying that it is in proper working order.
The City Clerk shall securely affix to such licensed taxicab on the
outside thereof at the rear of the vehicle, in a conspicuous place,
a metal plate, showing the number assigned to such taxicab.
B.
Taxicab
driver's license. The taxicab driver's license shall be
in such form as to contain the photograph, the signature and a description
of the driver. Each driver's license shall be stamped with the
Seal of the City upon at least a portion of the photograph. All driver's
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 and the expiration of the license. Any licensee
who defaces, removes or obliterates any official entry made upon his
license shall be subject to the revocation of his license. The taxicab
license shall be displayed by the licensee at all times when driving
or operating or while in charge of any taxicab.
C.
The
licensing of such vehicle should be subject, however, to the following
conditions:
(1)
An owner who drives his own cab may place the words "owner driver"
on the outside of the front doors thereof immediately below the windows
in letters contrasting strongly with the color of the vehicle, not
less than two inches high. However, taxicabs so marked must be operated
by no one other than the licensed owner under penalty of having the
license suspended or revoked.
(2)
No person shall drive or operate upon the streets of the City any
passenger automobile with a seating capacity in the interior thereof
for seven or fewer passengers and registered as an omnibus by the
State of New York, while such vehicle has a taximeter or unusual or
distinctive equipment, device, design, color, numbers or lettering
liable to deceive the public that such vehicle is a licensed taxicab
as above provided, unless such vehicle is duly licensed under this
section.
(3)
The mileage rates fixed by this chapter shall be displayed on each
taxicab so as to be readily visible to passengers entering the vehicle.
The rates shall be painted in a contrasting color on both rear doors
of all licensed taxicabs in letters and figures which shall be not
less than 3/8 of an inch in height.
(4)
A taxicab may have illuminated advertising billboards, placards or
similar devices, no larger than 18 inches high by four feet six inches
long, attached securely to the roof or trunk of the vehicle, not to
exceed the length or width of such roof or trunk.
Each applicant for a taxicab driver's license must file
with his application two unmounted, unretouched photographs of himself
in such position as the City Clerk may direct, taken within 30 days
preceding the filing of his application. Photographs shall be two
by two inches in size. One photograph shall be attached to the license
when issued, and the others shall be filed with the application. The
photograph shall be so attached to the license so that it cannot be
removed and another photograph substituted without detection. Each
licensed driver shall, upon demand, exhibit his license and photograph
for inspection. When the application for a taxicab driver's license
is denied, the photographs shall be returned to the applicant by the
City Clerk.
A.
Driver's
licenses. The fee for a taxicab driver's license shall be the
sum of $20 per annum, and no license fee shall be prorated. For replacing
a lost license or damaged license, the fee shall be $10.
B.
Vehicle
fees. The fee to operate a vehicle as a taxicab in the City of North
Tonawanda shall be the sum of $50 per annum, and no license fee shall
be prorated. The above vehicle fee shall apply to all taxicabs operating
in the City of North Tonawanda unless the taxicab is part of a fleet.
If a taxicab is operating as part of a fleet, the fleet operation
fees shall apply.
C.
Fleet
operation fees:
(1)
The fee to operate a fleet of taxicabs (five or more) in the City
of North Tonawanda shall be the sum of $500 per annum, and no fleet
fee shall be prorated.
(2)
An additional fee of $10 per car shall be assessed on fleets operating
11 or more taxicabs. The fee of $10 shall be assessed to each taxicab,
starting with the 11th vehicle of the fleet, per annum, and no fee
shall be prorated.
D.
Late
fees: Failure to renew a driver's license or fleet fee within
30 days of its expiration shall double the cost of the original fee.
E.
Preexisting
licenses. Any owner or driver properly licensed in the City of North
Tonawanda prior to the enactment of this chapter shall not be required
to relicense until January 1, 2003.
[Added 6-19-2002]
Taxicab licenses shall be issued as of January 1 of each year,
and all of said licenses shall expire on the last day of December
of such year, unless sooner suspended or revoked. Any owner to whom
a license is issued during the license year shall pay the full amount
of the annual license.
