A.
Business owner's license and/or vehicle operator's
permit. The Town Clerk shall notify the applicant that his or her
application is denied, and no license and/or permit will be issued
under the circumstances set forth herein:
(1)
Personal review. A determination by the Town Clerk
that the applicant lacks the character, experience or responsibility
to engage in transportation for hire.
(2)
Business review. A determination by the Town Clerk
that the applicant has an unacceptable business record based on a
review of past complaints; that the services the applicant proposes
to offer or has offered are inadequate; or that the applicant has
had more than three convictions for failure to post any and all devices
and placards required by this chapter within five years.
(3)
Criminality, generally. Any conviction for a felony,
misdemeanor and/or Town ordinance violation which, in the judgment
of the Town Clerk, renders the applicant unfit, undesirable or incapable
of properly engaging in transportation for hire; or if fraud, misrepresentations
or false statements are contained in the application.
(4)
Criminality, charges. An indictment or formal charges
with or for any crime.
(5)
Criminality, evidence. A preponderance of evidence
that the applicant has violated any provision of this or any other
chapter of the Code of the Town of Babylon or any local law, ordinance,
code, rule or regulation of Suffolk County, New York State, the Town
of Babylon or any other municipality.
(6)
Criminality, controlled substances. Any crime involving
the manufacture, transportation, possession, sale or habitual use
of amphetamines, narcotic drugs, formulations of amphetamines or derivatives
of narcotic drugs.
(7)
Criminality, minors. Any crime against or involving
children.
(8)
Criminality, vehicular. Any felony involving use of
a vehicle by the applicant within the last three years; any crime
involving operation of a vehicle while under the influence of alcohol,
amphetamines, narcotic drugs, formulations of amphetamines or derivatives
of narcotic drugs; or leaving the scene of an accident.
B.
Vehicle's certificate of operation. The Town Clerk
shall notify the applicant that his or her application is disapproved,
and no certificate will be issued under the circumstances set forth
herein:
(1)
Noncompliance. Vehicles which do not comply with the
requirements of the State of New York, County of Suffolk or Town of
Babylon, including any of the following:
(a)
Lack of a valid business owner's license from
the Town of Babylon by applicant.
(b)
Lack of equipment, markings and/or devices and
placards required by this chapter.
(c)
Lack of any repairs, alterations or additions
as may be required by this chapter or any directive of the Town Clerk.
(d)
Lack of a written log or the improper maintenance,
updating or availability for inspection of said written log, as required
hereinabove, during the term of any previous certificate.
(e)
Lack of proper reporting of any accident, as
required hereinabove, during the term of any previous certificate.
(f)
A determination by the Town Clerk that the vehicle
possesses an unacceptable business record based upon a review of the
history of past complaints.
(g)
More than three convictions for failure to post
any and all devices and placards, as required by this chapter, against
said vehicle within five years.
(2)
Noncompliance of vehicle. Vehicles which do not comply
with state and/or Town requirements, including any of the following:
(a)
Unclean, unfit, of poor appearance or in an
unsafe condition for the transportation of passengers.
(b)
Improper or incorrect vehicle identification,
registration or license plate numbers.
(c)
Inoperative headlights, taillights, parking
lights, stop or brake lights, directional signals, roof lights or
interior lights.
(d)
A faulty suspension system as can be determined
by a nonmechanic inspector.
(e)
Broken windows, windshield, rear view mirrors
or side view mirrors.
(f)
Inoperative windshield wipers or horn.
(g)
Faulty doors, door locks and door latches or
doors that do not allow occupants of the passenger compartment to
readily open them from the interior of the vehicle.
(h)
Badly worn tires, the treads of which do not
meet minimum New York State Vehicle and Traffic Law requirements.
(i)
A faulty exhaust system, evidenced by excessive
noise, visible fumes or visible holes.
(j)
A faulty fuel system, evidenced by visible leak
or strong fuel smell.
(k)
General neglect and/or disrepair of the chassis
and/or body of the vehicle.
(3)
Criminal involvement. Vehicles for which there is
evidence or information that it was used or involved in any of the
criminal activities set forth herein:
(a)
Any felony.
(b)
Any crime involving the manufacture, transportation,
possession, sale or habitual use of amphetamines, narcotic drugs,
formulations of amphetamines or derivatives of narcotic drugs.
(c)
Operation of the vehicle while under the influence
of alcohol, amphetamines, narcotic drugs, formulations of amphetamines
or derivatives of narcotic drugs.
(d)
Leaving the scene of an accident.
(e)
Any crime against or involving children.
(f)
Peddling of any goods or property from or near
the vehicle.
(g)
Any violation of any provision of this or any
other chapter of the Town Code or any local law, ordinance, code,
law, rule or regulation of Suffolk County or New York State.
(h)
An indictment or formal charges with or for
any crime or offense.
(4)
Review of denials. Any applicant who shall have been
denied a license under this chapter may apply to the Town Board for
a review of the action of the Town Clerk as hereinafter provided:
(a)
Such application to the Town Board shall be
in writing, signed and acknowledged by the applicant and shall state
the ground or grounds on which the applicant claims that the determination
of the Town Clerk was erroneous. The application for review shall
be filed by delivery to the Town Attorney by certified mail or in
person.
(b)
Such application shall be filed within 20 days
after notice of denial of his application by the Town Clerk has been
mailed to him or delivered to him in person.
(c)
Upon the filing of such application, the Town
Board shall hold a hearing thereon pursuant to the provisions of this
section. Such hearing shall be held within 90 days after the filing
of an application therefore.
(d)
At such hearing, the Town Board shall consider
the applicant's application upon the record before the Town Clerk
and, in its discretion, may receive new or additional evidence in
support thereof or in opposition thereto.
A.
Procedures. Any license, certificate or permit issued
under this chapter shall be suspended by the Town Clerk, as prescribed
hereinbelow, and may be revoked after a hearing by the Town Board
upon a determination that the holder thereof is undesirable or incapable
of properly conducting transportation for hire or that the vehicle
is undesirable or incapable of properly transporting passengers for
hire. Failure to comply with the provisions of this chapter shall
be sufficient cause for the suspension and revocation of such licenses,
certificates and permits.
B.
Regulations. The Town Clerk shall suspend any license,
certificate or permit and set the time and place for a revocation
hearing, as prescribed in this chapter, under the circumstances set
forth herein:
(1)
Noncompliance. Any violation of the provisions of
this chapter or any reason for which the original application could
have been disapproved as set forth hereinabove.
(2)
Criminality. Conviction of any crime or misdemeanor
which, in the judgment of the Town Board, renders the holder or vehicle
unfit or undesirable.
(3)
Deception. Fraud, misrepresentation or false statements
contained in the application for license or made in the course of
conducting transportation for hire.
(4)
Improper conduct. Conducting transportation for hire
in an unlawful manner or in such a way as to constitute a breach of
the peace or to constitute a menace to the health, safety or general
welfare of the public.
(5)
Improper posting. More than three convictions for
failure to post any and all identification devices and placards, as
required by this chapter, within five years.
(6)
Temporary suspension. The Town Clerk, upon receiving
information giving him reasonable cause to believe that the holder
of any license issued hereunder has violated any provision of this
chapter or has been indicted or formally charged with or for any crime
or offense or is guilty of having made a false statement of misrepresentation
in his application, may forthwith temporarily suspend such license
for a period of 21 days or until a hearing can be held by the Town
Board as provided herein, whichever is sooner.
(7)
Substance abuse. If the Town Clerk has reasonable
suspicion to believe that a driver has a drug or controlled substances
impairment that renders him unfit for the safe operation of a for-hire
vehicle, he may direct the driver to be tested or examined for such
impairment, at such driver's expanse, by an individual or entity designated
by the Town and possessing a requisite permit issued by the New York
State Department of Health. If the results of said test(s) or examination(s)
are positive, the driver's license may be revoked after a hearing.
Failure of a driver to be tested or examined as directed may lead
to suspension or revocation of such license in accordance with this
chapter. A driver shall not operate a for-hire vehicle while his driving
ability is impaired by either intoxicating liquor (regardless of its
alcoholic content), drugs or other controlled substances, nor while
driving such for-hire vehicle or for six hours prior to driving or
occupying such for-hire vehicle shall he consume any intoxicating
liquor regardless of its alcoholic content or any drugs or other controlled
substances.
A.
Notices. All notices shall be mailed, postage prepaid,
certified mail, return receipt requested, to the applicant and/or
license, certificate or permit holder at the last address filed by
same with the Town Clerk. In the event of suspension, which must be
followed by a revocation hearing, notice shall be mailed, as prescribed
herein, at least five days prior to the date set for the hearing.
B.
Denials. Notice of denial shall be given in writing
setting forth the grounds of the complaint and the right to an appeal
hearing before the Town Board. An application to the Town Board for
appeal of a denial shall be filed with the Town Clerk and accompanied
by the proper fee.
C.
Suspensions. Notice of suspension shall be given in
writing, shall take effect immediately upon issuance and shall set
forth the grounds of the complaint with notice of hearing for revocation
as set forth hereinbelow.
D.
Revocations. Notice of hearing for revocation shall
be included in a notice of suspension, as prescribed hereinabove,
and shall be given in writing setting forth the grounds of the complaint
and the time and place of such revocation hearing before the Town
Board. The Town Clerk shall also require payment of the proper fee
prior to the hearing.
E.
Hearings. The Town Board may, based on the criteria
set forth in this chapter and after holding an appeal or revocation
hearing, take the action they deem appropriate as set forth herein:
(1)
Reversal. The Town Board may reverse the disapproval
or suspension, with or without conditions, and issue or reinstate
said license, certificate or permit.
(2)
Affirmation. The Town Board may affirm the disapproval
or suspension and reject said application or revoke said license,
certificate or permit.
F.
Decisions. The decision of the Town Board, after a
hearing, shall be final, subject to review by a court of competent
jurisdiction.
G.
Reapplication. A person whose license, certificate
or permit has been revoked shall not be permitted to reapply for a
period of at least one year from the date of the revocation.
A.
Waivers of disapproval or suspension. A certificate
of operation which has been disapproved or suspended due to use of
said vehicle in the commission of a crime as prescribed in this chapter
may be approved or reinstated with the filing of a request for a waiver
from the Town Clerk after a determination by the Town Clerk, with
advice of the appropriate Police Department, that said vehicle's involvement
in the crime was not the liability of the business and/or vehicle
owner.
B.
Certificate of relief from civil disabilities. Anyone
convicted of a crime described hereinabove who has received a certificate
of relief from civil disabilities regarding said conviction, issued
by a court of competent jurisdiction, will not be subject to disapproval,
suspension or revocation based on said conviction after a review and
determination by the Town Clerk that the crime would not endanger
the health, safety and welfare of the residents of the Town of Babylon.
The Town Clerk shall keep a record of all applications,
disapprovals, suspensions, revocations and complaints regarding licenses,
certificates and permits, together with any reports in respect thereto,
and shall forward such information, in writing, to the Suffolk County
Police Department, which is to be updated on a weekly basis.
