Village of Lindenhurst, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Lindenhurst 8-28-1968 by Ord. No. 1-1968 as Ch. 74 of the 1968 Code of the Village of Lindenhurst. Sections 173-5C, 173-12H(6) and 173-16A amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 158.
Vehicles and traffic — See Ch. 185.

§ 173-1 Definitions.

Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the meanings given to them by this section:
OPERATING A TAXICAB WITHIN THE VILLAGE OF LINDENHURST
Embarking a passenger or passengers within the limits of the Incorporated Village of Lindenhurst.
PERSON
Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
TAXICAB
Includes any motor vehicle engaged in the business of carrying persons for hire and subject to use by the general public, whether the same is operated from a street stand or subject to calls from a garage or otherwise operated for hire, except any omnibus operated running by authority of any ordinance, law or permit upon a fixed route through or within the village or vehicles used by undertakers for carrying on their business.
TAXI COMPANY
Any person having the authority to exercise control over a taxicab or driver in respect to the general operation or dispatching of the vehicle.

§ 173-2 Taxi Administrator.

The Village Board of Trustees shall appoint a Taxi Administrator, who shall have authority to administer and enforce the provisions of this chapter and to promulgate rules and regulations pursuant to this chapter.

§ 173-3 Licensing of companies.

A. 
No taxi company shall operate within the Village of Lindenhurst without having first obtained a taxi company license.
B. 
Applications for licenses shall be made on forms to be furnished by the Village Administrator Clerk. Each application shall be submitted to the Board of Trustees of the Village of Lindenhurst, which said Board of Trustees shall approve or disapprove of the application in accordance with the terms of this chapter, and no license shall be issued except if the issuing of the same shall be in the best interest of the Village of Lindenhurst, as determined by the Board of Trustees.
C. 
No taxicab shall be operated by a taxi company within the village until approval has been obtained as prescribed under Subsection B of this section.
D. 
Upon approval by the Board of Trustees, the Village Administrator Clerk shall issue said license as prescribed herein, as of the first of March, except where applied for after March 1, and then shall issue as of the date of approval of application and shall expire on the final day of February next succeeding unless sooner suspended or revoked.
E. 
In the event that any license hereunder shall fail to conform to all of the rules and regulations made pursuant to this chapter, the Taxi Administrator may request that the license to operate be suspended or revoked in the following manner:
(1) 
A written notice of complaint and hearing shall be served upon the licensee at least seven days prior to the hearing date to be scheduled by the Board of Trustees.
(2) 
Upon the hearing, the Taxi Administrator shall present to the Board of Trustees the facts and circumstances of the violation, and the licensee shall have a full opportunity to be heard.
(3) 
The Board of Trustees shall be empowered to revoke or suspend the license of any licensee pursuant to this section upon its finding that the licensee has failed to conform to all of the rules and regulations made pursuant to this chapter.
F. 
Any license issued under this section may be renewed for additional periods of one year from the date of expiration upon the filing of an application containing all of the information required by the provisions of this chapter for original application and upon approval of the Board of Trustees pursuant to Subsection B herein.

§ 173-4 Licensing of vehicles.

A. 
Applications for licenses for taxicabs shall be made by the licensed taxi company obtaining the vehicle to be licensed, on forms to be furnished by the Village Administrator Clerk's office. Such application shall contain the full name and address of the owner, the make, serial number, year or manufacture of the taxicab for which the license is desired, the number of passengers it is capable of carrying, the motor power thereof and such other information as may be required by the Taxi Administrator.
B. 
Each application for a license defined herein shall be submitted to the Taxi Administrator for examination and investigation, and said application shall be approved or disapproved in accordance with the terms of this chapter.
C. 
No taxicab shall be operated as such within the village until approval has been obtained as prescribed under Subsection B of this section.
D. 
Upon approval by the Taxi Administrator, the Village Administrator Clerk shall issue said license as prescribed herein, as of the first of March, except where applied for after March, and then shall issue as of the date of approval of application and shall expire on the final day of February next succeeding unless sooner suspended or revoked.
E. 
Any license issued under this section may be renewed for additional periods of one year each from the date of expiration upon the filing of an application containing all of the information required by the provisions of this chapter for original application and upon the approval of the Taxi Administrator pursuant to Subsection B herein.

§ 173-5 Inspection of vehicles.

A. 
No vehicle shall be licensed or have its license renewed as a taxicab until it has been inspected and examined by an inspector or inspecting station to be designated by the Taxi Administrator and found to be in safe condition for the transportation of passengers, clean, fit and of good appearance. Upon a certification being issued by the designated inspector or inspecting station and upon proper application having been made and approved pursuant to § 173-4 herein, the Village Administrator Clerk shall issue or renew the license applied for.
B. 
The Taxi Administrator is hereby authorized and empowered to establish reasonable rules and regulations for the inspection of taxicabs, the standards to determine their condition of fitness and the form of certificate to be issued therefor.
C. 
The Taxi Administrator shall maintain constant vigilance of all taxicabs to see that they are kept in proper condition, and he shall make or cause to be made, at intervals he deems necessary, inspection of all taxicabs, but no less than once every two years.
[Amended 12-2-1974 by L.L. No. 4-1974[1]]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
D. 
Certificates, in writing, of all inspections shall be promptly filed with the Village Administrator Clerk.
E. 
In the event that any taxicab shall be certified as unfit or unsuitable for operation in the Village of Lindenhurst, the license to operate such vehicle shall be revoked or suspended upon the order of the Taxi Administrator being filed with the Village Administrator Clerk and upon notice of the revocation or suspension being given, in writing, to the licensee. Any revocation or suspension made hereunder may be appealed by the licensee to the Board of Trustees by a notice of appeal, in writing, filed with the Village Administrator Clerk within 10 days after said revocation or suspension. The Board of Trustees shall hear and decide any appeal within 30 days of filing.
F. 
The expenses incurred for the aforesaid inspections shall be borne by the Village of Lindenhurst.

§ 173-6 License cards; display required.

A. 
If, upon inspection, a taxicab is found to be of proper construction and in proper condition as described herein and a certificate has been issued, upon payment of license fees hereafter set forth, the same shall be licensed by delivering to the applicant a card which shall contain the official license number of the taxicab, together with the date of inspection. Such card shall be signed by the Village Clerk and/or his deputy and shall contain blank spaces where entry shall be made of the date of every inspection of the vehicle.
B. 
The Taxi Administrator may require by rule or regulation that a metal tag or sticker be affixed to each licensed vehicle, which tag or sticker shall bear the license number of the vehicle and indicate the date and expiration of the license.
C. 
Failure of the taxicab to display a license card and license sticker when required shall be presumptive evidence that said vehicle is not, in fact, licensed.

§ 173-7 Driver's license.

A. 
Every driver operating a taxicab within the Village of Lindenhurst must be licensed as a taxicab driver.
B. 
Applications for license as a taxicab driver shall be made on forms to be furnished by the Village Administrator Clerk's office and shall contain such information as shall be required by this chapter and by rule of the Taxi Administrator.
C. 
Every applicant for a taxicab license shall satisfactorily meet or comply with the following conditions:
(1) 
Shall be a citizen of the United States of America 18 years of age or over.
[Amended 9-30-1975 by L.L. No. 20-1975]
(2) 
Shall be of sound physique with good eyesight and not subject to epilepsy, vertigo, heart trouble or any other infirmity of the body or mind which might render him unfit for the safe operation of a taxicab.
(3) 
Shall be able to read and write the English language.
(4) 
Shall be clean in dress and not addicted to the use of intoxicating liquor or narcotics.
(5) 
Shall produce on forms to be provided by the Village Administrator Clerk an affidavit of his good character from two reputable residents of the village and a further testimonial from his last employer, unless sufficient reason is given for its omission.
(6) 
Shall not have a previous conviction of a felony or misdemeanor, except that this requirement may be waived at the discretion of the Village Board of Trustees.
(7) 
Shall file with the Village Administrator Clerk a sworn application containing the information required herein and any other information that may be required by the Taxi Administrator.
(8) 
Shall submit to fingerprinting and police examination as required by the Taxi Administrator.
(9) 
Shall be duly licensed by the State of New York to drive passenger vehicles for hire as evidenced by a chauffeurs license issued by the Motor Vehicle Bureau of the State of New York or equivalent New York State license.
[Amended 9-30-1975 by L.L. No. 20-1975]
(10) 
In the event that any of the statements made on the application as aforesaid shall be false, then any license issued pursuant to said application shall be void as of its issuance.
(11) 
That, in addition to any other requirements provided for in this section or in this taxicab chapter, it shall be required that every person making application for a license as a driver as provided herein must submit a current doctor's certificate attesting to his physical ability to operate a motor vehicle in the State of New York.
D. 
Each application for a license defined herein shall be submitted to the Taxi Administrator and approved or disapproved in accordance to the terms of this chapter.
[Added 9-30-1975 by L.L. No. 20-1975]
E. 
Every driver operating a taxicab within the Village of Lindenhurst must prominently display his or her driver identification card, issued by the village, in such a manner so that it is clearly visible to every passenger inside the taxicab. Failure to so display the identification card shall be a violation of this chapter.
[Added 9-30-1975 by L.L. No. 20-1975]
F. 
Every driver operating a taxicab within the Village of Lindenhurst must produce and show his or her New York State driver's license, taxicab driver's license and village identification card upon demand of a police officer, the Village Taxi Administrator or village officer. Failure to do so shall be a violation of this chapter.
[Added 9-30-1975 by L.L. No. 20-1975]

§ 173-8 Term of driver's license.

A. 
A driver's license shall be issued as of March 1, except where applied for after March 1, and then shall issue as of the date of approval of the application.
B. 
All driver's licenses expire on the last day of February, which is the ending of the fiscal year for the Village of Lindenhurst, unless sooner suspended or revoked.
C. 
Any license issued under this section may be renewed within six months after its expiration date upon the filing of an affidavit with the Taxi Administrator, on a form to be provided by him or her, in which the applicant shall affirm that there has been no change in the information provided by him or her in the original application; and, if there has been a change, such change(s) must be listed on the renewal affidavit. Each such license renewal shall expire on the last day of February next succeeding its date of renewal.
[Amended 9-30-1975 by L.L. No. 20-1975]
D. 
In the event that any licensee hereunder shall fail to conform to all of the rules and regulations made pursuant to this chapter, the Taxi Administrator may request that the license to operate be revoked in the following manner:
(1) 
A written notice of complaint and hearing shall be served upon the licensee at least seven days prior to a hearing date scheduled by the Board of Trustees.
(2) 
Upon the hearing, the Taxi Administrator shall present to the Board of Trustees the facts and circumstances of the violation, and the licensee shall have full opportunity to be heard.
(3) 
The Board of Trustees shall be empowered to revoke or suspend the license of any licensee pursuant to this section upon its findings that the licensee has failed to conform to all of the rules and regulations made pursuant to this chapter.

§ 173-9 License fees.

License fees shall be paid to the Village Administrator Clerk as follows:
A. 
For each taxi company license annual renewal or renewal after revocation or suspension, $25.
B. 
For each taxicab, $75 for each fiscal year or any part thereof, except that, in the event that a license shall be applied for to license a vehicle which shall replace an existing licensed vehicle, the fee for such replacement license shall be $25.
[Amended 5-10-1988 by L.L. No. 4-1988]
C. 
For each taxicab driver's license, the sum of $10 for each fiscal year or any portion thereof.
[Amended 5-10-1988 by L.L. No. 4-1988]

§ 173-10 Records of Village Administrator Clerk.

A. 
The Village Administrator Clerk shall keep a record of the name and address of each person owning or operating a vehicle licensed under this chapter, together with the license number, the description and the serial number of each vehicle, with the date and complete details of inspection made of it. Such records shall be open to the inspection of the public at all reasonable times and shall be public records.
B. 
There shall be kept in the office of the Village Administrator Clerk a complete record of each license issued to a driver and all renewals, suspensions and revocations thereof, which records shall be open for inspection by the public at all reasonable times and shall be public records.

§ 173-11 Stands.

The Taxi Administrator of the village is hereby authorized to locate, designate and control the number of taxicabs that shall be allowed to stand at any location designated by the Village Board of Trustees as a public taxicab stand. Only licensed taxicabs in such manner as the Taxi Administrator shall designate may remain at a stand while waiting for employment and shall be pointed in such direction as shall conform to traffic regulations.

§ 173-12 Operation.

A. 
Every taxicab is required to go to any part of the village at the call of any patron and upon tender of the fare at the proper time in the amount provided herein. Refusal of a driver to accept a patron on the grounds that his taxi is not going in the direction requested will be considered a violation of this rule. This rule is subject to modifications only as provided in § 173-12B.
B. 
For the convenience of patrons arriving on incoming trains, the direction (east, west, north or south) requested by the first patron to board a taxicab in the Long Island Rail Road Depot area will determine the direction to be taken by that taxicab. As nearly as practicable, patrons are to be taken to their destination in the order of their entering the taxicab.
C. 
Upon request for a taxicab service by telephone to a taxicab office or by any other means of communication, the person receiving the call shall, upon request, identify himself and the company, giving the names of both. If no taxicab is available, the patron must be notified to that effect.
D. 
Patrons are not to be coerced, cajoled or threatened in a selection of a taxicab they wish to patronize by any taxicab operator, owner or representative; nor shall any taxicab operator be discourteous to persons while they are passengers in such taxicab or while they are seeking transportation.
E. 
Taxicab operators are forbidden to demand or suggest that any passenger pay more than the established rate for transportation to his destination.
F. 
No special service of favoritism in treatment is to be given to any person or passenger at the inconvenience of another.
G. 
The driver of a taxicab as soon as practicable after the termination of any hiring or employment must carefully search his vehicle for any property lost or left therein, and any such property must be taken to Precinct Headquarters and deposited with the officer in charge within 24 hours after the finding thereof unless such article has been sooner claimed and delivered to the owner.
H. 
Conduct of drivers; taxicab stands.
(1) 
No taxicab driver shall sit in the passenger compartment of a public taxicab or permit anyone who is not a passenger to do so while on a public taxicab stand.
(2) 
All taxicab drivers shall be in immediate calling distance from their taxicabs and shall have their taxicabs under visual surveillance at all times while the taxicabs are on a public taxicab stand.
(3) 
If a taxicab driver is forced to leave his taxicab for any reason whatsoever, he shall remove or cause to be removed his taxicab from the public taxicab stand, and any other licensed taxicab may then move into the space then vacated.
(4) 
No taxicab driver shall leave the doors of his taxicab open while such taxicab is on a public taxicab stand, except for the purpose of taking and discharging passengers.
(5) 
Any taxicab driver has the right to stop and take his position on any taxicab stand where there is a vacancy. Closed taxicab stands are prohibited. A taxicab driver desiring to enter a taxicab line shall do so by taking his position on the rear thereof.
(6) 
Overcrowding at a public taxicab stand will not be permitted.[1]
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
(7) 
There shall be no more than one passenger in the front compartment of any taxicab.
I. 
A taxicab driver shall notify the Village Administrator Clerk of any change of address or the loss of his taxicab driver's license within 48 hours after such change of address or loss of his taxicab driver's license.
J. 
The Taxi Administrator shall be empowered to make additional rules governing the operation of taxicabs as he sees fit.[2]
[2]
Editor's Note: Original Subsection J, dealing with chauffeurs caps, was repealed 9-30-1975 by L.L. No. 20-1975.
K. 
No taxicab company licenses shall be issued and no taxicab company shall operate in the Village of Lindenhurst unless a regular place of business is maintained within the village for the dispatching of the taxicabs by the company.
L. 
No taxicabs shall be dispatched from a location in any residential zoned area of the village and no taxicabs shall be stored or parked in any residential zoned area of the village except to pick up or discharge passengers. In the event that a taxicab is disabled, it must be removed from the public streets as soon as practicable, but in no event shall a disabled taxicab remain on a public street or in a public parking area for more than 12 hours.

§ 173-13 Posting of license cards and identification.

A. 
There shall be posted conspicuously in the interior of the taxicab the license card and a schedule of rates and fares.
B. 
The name and telephone number of the taxicab company operating the vehicle shall be prominently displayed on the exterior of the vehicle on each front door, and the taxicab license number shall be prominently displayed on the rear of the vehicle.

§ 173-14 Maximum number.

In accordance with § 181 of the General Municipal Law of the State of New York, the number of taxicab licenses to be issued under this chapter is hereby limited to 30. Application for renewal shall be filed not less than 15 days nor more than 30 days prior to the expiration of the license.

§ 173-15 Maximum rates.

A. 
The maximum rate of fare which shall be charged by taxicab operators for transportation of passengers, and additional passengers, shall be established by resolution of the Village Board. Such rate of fare resolutions shall be presented to the Village Board no less than one official meeting of the Village Board prior to any final action taken on such resolution. In addition, such rate of fare resolution shall be published as a legal notice in the official newspaper of the village no less than five days prior to any final action by the Village Board.
[Amended 12-19-1978 by L.L. No. 15-1978; 3-25-1980 by L.L. No. 2-1980; 12-9-1985 by L.L. No. 10-1985; 11-24-1987 by L.L. No. 16-1987; 1-16-1990 by L.L. No. 1-1990; 6-19-2001 by L.L. No. 2-2001]
B. 
No additional charge shall be made for children seven years of age or under when accompanied by an adult passenger, up to and including two children. However, for each additional child above two, a maximum charge, as established by resolution of the Village Board in accordance with Subsection A, shall be allowed for said child for any trip within the Incorporated Village of Lindenhurst, regardless of zone.
[Amended 11-24-1987 by L.L. No. 16-1987; 6-19-2001 by L.L. No. 2-2001]
C. 
It shall be unlawful to charge or attempt to charge any person a greater rate of fare than that which the taxicab is entitled to under the provisions of this chapter.

§ 173-16 Penalties for offenses.

A. 
Every person who shall violate any of the provisions or conditions of this chapter shall be liable to a penalty of not less than $50 nor more than $500 for each offense.
[Amended 12-9-1985 by L.L. No. 10-1985; 6-16-1992 by L.L. No. 2-1992]
B. 
Besides the penalties provided for violation of any section of this chapter for which a specific penalty is designated, the holder of any license hereunder, upon conviction for any violation of this chapter, shall be subject to suspension or revocation of his license upon the filing of the order of the Taxi Administrator with the Village Administrator Clerk and giving notice, in writing, of the revocation or suspension to the licensee. Any revocation or suspension made hereunder may be appealed by the licensee to the Board of Trustees by filing a notice of appeal, in writing, with the Village Administrator Clerk within 10 days after said revocation or suspension. The Board of Trustees shall hear and decide any appeal within 30 days of filing.

§ 173-17 Corporate responsibility.

In case the person violating any provision of this chapter is a corporation, the officer, agent or employee thereof who shall violate or procure, aid or abet any violation of any of the provisions of this chapter or permit the operation of any taxicab or vehicle for hire contrary to the requirements thereof shall be subject to the same penalties as if he himself were personally operating such vehicle at the time such violations were committed.[1]
[1]
Editor's Note: Original § 74-20, Ordinance name, which immediately followed this section, was deleted 6-16-1992 by L.L. No. 2-1992.