Town of North Hempstead, NY
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2024-02-06
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The Code
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Chapter 52 Taxicabs, Limousines and Private Livery Vehicles
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Article VII Appeal of Denials
- The Code
- Ch 1 General Provisions
- Ch 2 Administration and Enforcement
- Ch 2A Unsafe Property and Buildings
- Ch 3 Attendance of Employees At Outside Meetings
- Ch 4 Appearance Tickets; Authority to Prosecute
- Ch 4A Balloons
- Ch 5 Bingo
- Ch 6 (Reserved)
- Ch 7 Building Code
- Ch 8 Building and Safety: Multiple Residence
- Ch 9 Building and Safety: Places of Assembly and Places of Public Assembly
- Ch 9A Building and Safety: Operating Permits
- Ch 10 Numbering of Buildings; Honorary Street Names
- Ch 10A Business Improvement Districts
- Ch 11 Cabarets, Restaurants and Other Places of Public Entertainment
- Ch 11A Cannabis
- Ch 12 Circuses
- Ch 12A Commercial Handbills
- Ch 13 Dealers in Secondhand Merchandise
- Ch 14 Dogs
- Ch 14A Domestic Partnerships, Registration of
- Ch 15 Elections On Propositions
- Ch 15A Election Districts
- Ch 15B Town Clerk; Term of Office
- Ch 16 Employee Organizations
- Ch 16A Ethics, Code of
- Ch 16B Anti-Nepotism
- Ch 17 Excavations, Hazardous
- Ch 18 Highway Excavations and Curb Cuts
- Ch 19 Explosives
- Ch 20 Environmental Quality Review
- Ch 20A Environmental Planning, Conservation and Care of Trees
- Ch 20B Environmental Trust Fund
- Ch 20C Manhasset Bay Improvement Fund
- Ch 20D Environmental Legacy Fund
- Ch 20E WTC Relief Fund
- Ch 21 Floodplain Management Regulations
- Ch 22 Fire Prevention
- Ch 22A Games of Chance
- Ch 23 Governmental Departments
- Ch 23A Exemption of Real Property Within Villages
- Ch 24 Governmental Operations
- Ch 25 Grading and Soil Removal
- Ch 26 Highways: Notice of Defect
- Ch 27 Historic Landmarks Preservation
- Ch 28 Housing, Rehabilitation and Property Maintenance Code
- Ch 28A Housing, Open
- Ch 29 Inflammable Materials
- Ch 29A Underground Storage of Flammable and Other Hazardous Liquids
- Ch 30 Security Gates On Premises Located Within Any Business District
- Ch 31 Junk Dealers
- Ch 32 Drop-Off Bins
- Ch 33 Launderettes
- Ch 34 Littering and Dumping
- Ch 35 Materials, Deposit of
- Ch 36 Movies and Filming
- Ch 37 Mechanical Bucking Devices
- Ch 38 Noise
- Ch 38A Landscaping and Gardening
- Ch 39 Regulation of Town Parks, Town Gardens and Town Docks
- Ch 39A Payroll Deductions
- Ch 40 Peddlers and Solicitors
- Ch 40A Personal Property, Abandonment of
- Ch 41 Plumbing
- Ch 41A (Reserved)
- Ch 41B Public Parking Fields
- Ch 42 Public Waterways; Structures
- Ch 43 Regulation of Public Spaces
- Ch 44 Regulation of Alcoholic Beverages
- Ch 44A Retirement Incentive Program
- Ch 45 Sand Bank and Pit Excavations
- Ch 46 Sanitation
- Ch 46A Stormwater Management and Sediment and Erosion Control
- Ch 47 Sewers
- Ch 47A Water
- Ch 47B Storm Sewers
- Ch 48 Sidewalks
- Ch 49 Snow Removal, Snow Emergencies and Street Cleaning
- Ch 51 Taxation
- Ch 52 Taxicabs, Limousines and Private Livery Vehicles
- Ch 52 Art VII Appeal of Denials
- § 52-27 Application for appeal.
- § 52-28 Procedure for hearings.
- § 52-29 Decision after appeal to be final.
- Ch 54 Tobacco
- Ch 55 Tow Trucks
- Ch 56 (Reserved)
- Ch 57 Town Facilities
- Ch 58 Governmental Transparency
- Ch 59 Town Lands, Shorefronts and Land Under Water
- Ch 59A Town Property: Notice of Defects
- Ch 60 Trade On Memorial Day
- Ch 61 Trespass
- Ch 62 Unattended Animals
- Ch 63 Unsafe Structures
- Ch 64 Utility Pole Space, Condemnation of
- Ch 64A Double Utility Poles, Removal of
- Ch 64B Utility Pole Hazardous Chemical Warning
- Ch 65 Vehicles and Traffic
- Ch 65A Vehicles, All-Terrain
- Ch 65B Failure to Stop for School Buses
- Ch 66 Skateboards, In-Line Skates and Similar Devices
- Ch 67 Bamboo
- Ch 69 Waterways and Regulation of Boats
- Ch 70 Zoning
- Ch 75 Wireless Telecommunications Facilities
- Appendix
- Ch 80 Locker Rental Fees For Town Beaches
- Ch 81 Fallout Shelter Rules and Regulations
- Ch 99 Miscellaneous Laws
- Disposition List
- Ch DL Disposition List
- Traffic Code
- Art I General Provisions
- Art II Traffic Regulations
- Art III Parking, Standing and Stopping
- Art IV Off-Street Firesafety Parking Zones
- Art V Handicapped Parking
- Art VI Removal and Storage of Vehicles
- Art VII Miscellaneous Provisions
- Sch TC1 Traffic Control Signals
- Sch TC2 Speed Limits
- Sch TC3 School Speed Limits
- Sch TC4 One-Way Streets
- Sch TC5 U-Turn Prohibitions
- Sch TC6 Prohibited Turns At Intersections
- Sch TC7 Prohibited Right Turns On Red Signal
- Sch TC8 Stop Intersections
- Sch TC9 Yield Intersections
- Sch TC9A Gridlock Intersections
- Sch TC10 Trucks Over Certain Weights Excluded
- Sch TC11 Parking Prohibited At All Times
- Sch TC12 Parking of Commercial Vehicles Prohibited
- Sch TC13 Parking of Taxicabs Prohibited At All Times
- Sch TC14 No Stopping
- Sch TC15 No Standing
- Sch TC16 Parking Prohibited Certain Hours
- Sch TC17 No Stopping Certain Hours
- Sch TC18 No Standing Certain Hours
- Sch TC19 Time Limit Parking
- Sch TC20 Angle and Head-In Parking
- Sch TC21 Loading Zones
- Sch TC22 Taxi Stands
- Sch TC23 Bus Stops
- Sch TC24 Fire Lanes
- Sch TC25 Class A Fire Zones
- Sch TC26 Class B Fire Zones
- Sch TC27 Snow Emergency Routes
- Sch TC28 Commercial Vehicles Prohibited At All Times
- Sch TC29 Prohibited Street Entry
- Sch TC30 Lane Use Designations
- Sch TC31 Restricted Parking
- Sch TC32 (Reserved)
- Art IX Port Washington Public Parking District
- Art X Parking Area At Mary Jane Davies Green Park
- Art XI Prospect Avenue Parking Field
- Ch TCI Street Index
[Amended 6-13-2006 by L.L. No. 8-2006]
Any applicant who shall have been denied a license
under this chapter may apply, upon payment to the Town Clerk of an
administrative fee of $300, to the Town Attorney to appeal the action
of the Town Clerk as hereinafter provided:
A.
Such application to the Town Attorney 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 appeal shall
be filed by delivery to the Town Attorney by 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 Attorney shall arrange for a hearing thereon pursuant to the provisions of § 52-28. Such hearing shall be held within 90 days after the filing of an application therefor.
D.
At such hearing the Town Attorney, or his/her designee,
who shall be an employee of the Town and an attorney admitted to practice
law within the State of New York, 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.
Whenever it shall be provided herein that a
hearing shall or may be held by the Town Attorney or his/her designee
respect to any matter:
A.
Such hearing shall be held on a date and at a place
and hour designated by the Town Attorney or his/her designee.
B.
The Town Attorney or his/her designee shall cause
notice thereof to be given, stating the name and address of the applicant
or license holder concerned, the subject matter of the hearing and
the date, place and hour thereof designated therefor by mailing a
copy thereof to the applicant or license holder concerned at the address
shown upon the most recent application of such applicant or licensee
at least 10 days before such hearing.
C.
The applicant or license holder involved shall be
entitled to be represented by legal counsel and to present such competent
and material testimony or other evidence in his own behalf as may
be relevant to the subject matter of the hearing.
D.
All witnesses shall be sworn and examined under oath.
The Town Attorney, or his/her designee, after
such hearing, may reverse or affirm, wholly or partly, or modify the
action of the Town Clerk appealed from and shall make such decision
or determination as, in its opinion, ought to be made and, to that
end, shall have all the powers of the Town Clerk.
