[HISTORY: Adopted by the Board of Trustees
of the Village of Canton 12-18-2000 by L.L. No. 15-2000. Amendments noted
where applicable.]
Unless otherwise expressly stated, whenever
used in this chapter, the following words and terms shall have the
following meanings:
Any person licensed to operate a taxicab within the Village
of Canton.
Any person who, as owner of any motor vehicle, causes or
permits the same to be used as a taxicab within the Village of Canton.
In the case of a taxicab driver, a "person" must be an individual.
In the case of a taxicab owner, a "person" shall include any individual,
partnership, corporation or other business entity.
Any public street, highway, road, avenue, alley or place
in the Village of Canton.
Any motor vehicle engaged in the business of carrying persons
for hire, whether the same is operated from a street stand or subject
to calls from a garage or otherwise operated for hire. Excepted from
this definition are ambulances, vehicles subject to the provisions
of the Transportation Corporations Law and those used by undertakers
in carrying on their business.
Any place established under the authority of the governing
body of the Village of Canton for taxicabs to park while waiting for
business.
A.
No person who is the owner of a motor vehicle shall
permit said motor vehicle to be operated as a taxicab within the Village
of Canton unless the owner of said motor vehicle shall have obtained
and have in force a valid taxicab license issued under the provisions
of this chapter.
B.
No person shall drive a taxicab or permit any other
person to drive a taxicab upon any street within the Village of Canton
without such driver having obtained and having in force and effect
a taxicab driver's license issued under the provisions of this chapter.
A.
Applications for the issuance or renewal of a taxicab
owner's license and a taxicab driver's license shall be made in writing
by the applicant, on forms furnished by the Village of Canton as prescribed
by the Police Chief.
[Amended 5-21-2012 by L.L. No. 1-2012]
(1)
Applications for the issuance or renewal of a taxicab
owner's license shall, in addition to any other requirements imposed
by law, provide:
(a)
The name, age and address of the applicant.
In the case of a corporation, the name, age and address of each officer,
director and shareholder shall be provided. In the case of a partnership
or other business entity, the name, age and address of each partner
or member shall be provided.
(b)
The present or intended location where the applicant
proposes to conduct the taxicab business.
(c)
A description of each motor vehicle owned by
the applicant which it is proposed will be used as a taxicab (including
the vehicle identification number).
(d)
Proof of registration (including the state registration
number).
(e)
Proof of title.
(f)
Proof of inspection.
(g)
Proof of insurance, together with proof that
the Village of Canton is listed with the insurance company as a party
to be notified in the event that insurance is canceled.
(h)
Proof of compliance with all New York State
Department of Transportation rules and regulations applicable to owners
of taxicabs and vehicles offered for taxicab service.
(i)
A statement of whether or not the applicant
has ever been convicted of a felony.
(j)
A statement whereby the applicant agrees to
notify the Police Chief, in writing, within five calendar days of
any change to any of the information required to be provided in the
application.
(2)
Applications for the issuance or renewal of a taxicab
driver's license shall, in addition to any other requirements imposed
by law, provide:
(a)
The name, age and address of the applicant.
(b)
The present or intended location where the applicant
proposes to drive the taxicab.
(c)
A statement as to whether or not the applicant
has ever been convicted of a felony.
(d)
A statement listing any traffic infractions
or misdemeanors or violations involving the use of a motor vehicle
for which the applicant has been convicted during the five years immediately
preceding the date of the application.
(e)
Proof that the applicant has a valid, unsuspended
and unrevoked New York State driver's license.
(f)
Proof of insurance coverage and proof that the
Village of Canton is listed with the insurance company as a party
to be notified in the event that insurance is canceled.
(g)
Proof of compliance with all New York State
Department of Transportation rules and regulations applicable to drivers
of taxicabs and vehicles offered for taxicab service, including, without
limitation, required physical examinations.
(h)
A statement whereby the applicant agrees to
notify the Police Chief, in writing, within five calendar days of
any change to any of the information required to be provided in the
application.
B.
Each license issued pursuant to this chapter shall be issued for a period of one year. No taxicab owner's license or taxicab driver's license shall be issued or renewed without the payment of the annual fee for the issuance or renewal period and without the applicant submitting the completed application required by § 292-3A.
[Amended 2-19-2002 by L.L. No. 1-2002]
C.
Annual fee.
[Amended 2-19-2002 by L.L. No. 1-2002]
(1)
The annual fee to be charged for a taxicab owner's
license, and any modifications to said annual fee from time to time,
shall be determined by resolution(s) of the Village Board of Trustees.
(2)
The annual fee to be charged for a taxicab driver's
license, and any modifications to said annual fee from time to time,
shall be determined by resolution(s) of the Village Board of Trustees.
D.
Both the owner's license and the driver's license,
when issued, shall be affixed in a conspicuous place within the taxicab.
A photograph of the holder of the driver's license shall be affixed
to or posted with the driver's license and shall depict a full frontal
view of the face of the driver's license holder. Such photograph shall
be at least 11/2 by 3 inches in size.
A.
Taxicab owner's license.
(1)
No taxicab owner's license shall be issued to or held
by any person who has been convicted of a felony. In the case of a
corporation, this provision shall apply to each officer, director
and shareholder of the corporation. In the case of a partnership or
other business entity, this provision shall apply to each partner
or member.
(2)
No taxicab owner's license shall be issued to or held
by any person for any motor vehicle which is not registered and titled
to said person.
(3)
No taxicab owner's license shall be issued to or held
by any person for any motor vehicle which does not bear a valid certificate
or sticker of inspection.
(4)
No taxicab owner's license shall be issued to or held
by any person for any motor vehicle for which the owner does not have
insurance.
(5)
No taxicab owner's license shall be issued to or held
by any person who has not fully complied with all New York State Department
of Transportation rules and regulations applicable to owners of taxicabs
and vehicles offered for taxicab service.
(6)
A separate license shall be required for each motor
vehicle used as a taxicab. A license issued for one motor vehicle
may not be transferred to or used for another motor vehicle.
B.
Taxicab driver's license.
(1)
No taxicab driver's license shall be issued to or
held by any person who has been convicted of a felony.
(2)
No taxicab driver's license shall be issued to or
held by any person who has accumulated, within the past 24 months,
eight or more points on his or her driver's license (points as determined
by the New York State Department of Motor Vehicles or the state in
which the offense was committed).
[Amended 5-21-2012 by L.L. No. 1-2012]
(3)
No taxicab driver's license shall be issued to or
held by any person who does not have in force and effect a valid New
York State driver's license (unsuspended and unrevoked).
(4)
No taxicab driver's license shall be issued to or
held by any person who does not have in force and effect appropriate
insurance coverage.
(5)
No taxicab driver's license shall be issued to or
held by any person who shall not have fully complied with all New
York State Department of Transportation rules and regulations applicable
to drivers of taxicabs and vehicles offered for taxicab service.
(6)
A taxicab driver's license may not be transferred
or used by any person other than the person to whom it was issued.
(7)
A person shall be at least 18 years of age in order to receive a
taxicab driver's license.
[Added 5-21-2012 by L.L. No. 1-2012]
A.
Any taxicab owner's license issued or renewed pursuant
to the provisions of this chapter shall be automatically suspended
and subject to revocation, during the period of said license, upon
the happening of any of the following occurrences:
(1)
The person holding the license is convicted of a felony.
(2)
The motor vehicle (which is the subject of the license)
ceases to be registered or titled to the person holding the license.
(3)
The motor vehicle (which is the subject of the license)
ceases to bear a valid certificate or sticker of inspection.
(4)
The motor vehicle (which is the subject of the license)
ceases to be insured.
(5)
The motor vehicle (which is the subject of the license)
ceases to meet all requirements imposed by the New York State Department
of Transportation rules and regulations applicable to taxicabs and
vehicles offered for taxicab service.
B.
Any taxicab driver's license issued or renewed pursuant
to the provisions of this chapter shall be automatically suspended
and subject to revocation upon the happening of any of the following
occurrences:
(1)
The person holding the license is convicted of a felony.
(2)
The person has accumulated, within the past 24 months,
eight or more points on his or her driver's license (points as determined
by the New York State Department of Motor Vehicles or the state in
which the offense was committed).
[Amended 5-21-2012 by L.L. No. 1-2012]
(3)
The person holding the license ceases to be insured.
(4)
The New York State driver's license of the person
holding the license is suspended or revoked.
(5)
The person holding the license ceases to meet all
requirements imposed by the New York State Department of Transportation
rules and regulations applicable to drivers of taxicabs and vehicles
offered for taxicab service.
(6)
The person ceases to comply with any other requirement necessary
for the issuance of a taxicab driver's license under this chapter.
[Added 5-21-2012 by L.L. No. 1-2012]
C.
Procedure upon suspension; revocation of license;
review.
(1)
Notice of suspension.
[Amended 5-21-2012 by L.L. No. 1-2012]
(a)
Within five business days of being informed that any of the circumstances described at § 292-5A or B has occurred, the Police Chief shall serve upon the holder of the license a written notice containing the following information:
[1]
A description of the license and a statement
setting forth the name and address of the license holder, as appears
from the records of the Police Chief.
[2]
A statement that the license has been suspended
and the effective date of the suspension.
[3]
A statement of each occurrence upon which the
automatic suspension is based.
[4]
Where applicable, a statement setting forth
the actions which will be required to constitute full compliance with
the provisions of this chapter.
[5]
Where applicable, a statement that the license
holder has a period of 10 business days following service of the notice
to submit to the Police Chief proof of full compliance with the provisions
of this chapter.
[6]
A statement that failure, within a period of
10 business days following service of the notice, to submit to the
Police Chief proof of full compliance with the provisions of this
chapter shall result in the revocation of the license upon the expiration
of said ten-business-day period.
(b)
Service of the notice of suspension may be made
upon the license holder by certified or registered mail or by any
of the means set forth at New York Civil Practice Law and Rules for
service of process upon an individual, partnership, corporation, municipality
or other entity.
(2)
Reinstatement of the license. If the license holder
provides, to the satisfaction of the Police Chief, proof of full compliance
with the provisions of this chapter within 10 business days following
service of the notice of suspension, then the automatic suspension
of the license shall be lifted and the license shall be reinstated
with full force and effect.
[Amended 5-21-2012 by L.L. No. 1-2012]
(3)
Revocation of license.
[Amended 5-21-2012 by L.L. No. 1-2012]
(a)
If the license holder fails to provide the Police
Chief with proof of full compliance with the provisions of this chapter
within 10 business days following service of the notice of suspension,
then upon the 11th business day following service of the notice upon
the license holder the license shall be revoked.
(b)
If the license holder fails to provide the Police
Chief with proof of full compliance with the provisions of this chapter
within 10 business days following service of the notice of suspension,
then the Police Chief shall serve upon the holder of the license a
written notice of revocation, containing the following information:
[1]
A description of the license and a statement
setting forth the name and address of the license holder, as appears
from the records of the Police Chief.
[2]
A statement that the license has been revoked
and the effective date of the revocation.
[3]
A statement of each occurrence upon which the
revocation is based.
(c)
Service of the notice of revocation may be made
upon the license holder by certified or registered mail or by any
of the means set forth at New York Civil Practice Law and Rules for
service of process upon an individual, partnership, corporation, municipality
or other entity.
(4)
Appeal.
(a)
Within 10 business days of service of the notice
of revocation, the license holder may request a hearing. In order
to have a hearing, the request must be in writing and must be received
by the Police Chief within 10 business days of the service upon the
license holder of the notice of revocation.
[Amended 5-21-2012 by L.L. No. 1-2012]
(b)
The hearing shall be conducted by a quorum of
the Village Board of Trustees, which shall conduct a hearing upon
at least seven calendar days' notice to the license holder.
[1]
The only question upon the hearing shall be
whether or not the license holder was in full compliance with the
provisions of this chapter within 10 business days of the service
upon the license holder of the notice of suspension.
[2]
The revocation of the license shall be upheld
if it is determined that the license holder was not in full compliance
with the provisions of this chapter within 10 business days of the
service upon the license holder of the notice of suspension.
[3]
A decision of the Village Board of Trustees
to overrule the Police Chief's revocation of the license shall be
upon a vote of the majority plus one of the quorum of the Board then
convened for the hearing.
[Amended 5-21-2012 by L.L. No. 1-2012]
(c)
The decision of the Board of Trustees shall
be reduced to writing and filed with the office of the Village Clerk
and Police Chief, and a copy shall be provided to the license holder
(and the license holder's attorney, if an attorney has appeared on
behalf of the license holder) by certified mail, return receipt requested,
or by any of the means set forth at New York Civil Practice Law and
Rules for service of process upon an individual, partnership, corporation,
municipality or other entity.
[Amended 5-21-2012 by L.L. No. 1-2012]
(d)
The license holder may appeal the determination
of the Board of Trustees directly to the Supreme Court of the State
of New York pursuant to Article 78 of the Civil Practice Law and Rules.
Any appeal must be commenced within 30 calendar days of the filing
of the Board's determination with the Police Chief. Such a proceeding
shall not stay further action pursuant to this chapter unless the
court so orders.
[Amended 5-21-2012 by L.L. No. 1-2012]
(5)
The Board of Trustees may extend the time limitations
set forth in this section, upon its own motion or upon the request
of the license holder or any other interested party. Such extension
shall be by resolution of the Board. The extension of the time limitation
in a particular case shall not operate as an extension of the affected
time limitation in other cases.
A.
No person shall park a taxicab upon any street in
the Village of Canton for the purpose of soliciting fares, except
at a designated taxicab stand.
B.
No taxicab driver shall interfere with any other taxicab
driver or vehicle when such driver is soliciting a fare at a designated
taxicab stand.
C.
No person shall solicit fares by cruising the streets
of the Village of Canton.
A.
The Board of Trustees shall establish by resolution
(which may be amended from time to time) a schedule of maximum rates
that shall govern any person owning, operating or controlling any
motor vehicle for hire or reward as a taxicab in the Village of Canton.
B.
No person shall charge or demand any taxicab fare
in excess of the rates specified by resolution of the Village Board
of Trustees.
Any person violating any provision of this chapter
shall be subject to a fine or penalty not exceeding $500 or to imprisonment
for a term not to exceed 15 days, or both, for each and every offense.
