[HISTORY: Adopted by the City Council of
the City of Geneva 3-4-1987 by Ord. No. 6-1987. Amendments noted where
applicable.]
As used in this chapter, the words and phrases
stated below have the following meanings:
The Chief of Police of the City of Geneva or his designee.
A permit issued by the License Clerk allowing a person to
operate a taxicab in the City of Geneva.
The person to whom a license has been issued pursuant to
the provisions of this chapter.
A written record or log of the use of a vehicle as a taxicab.
To own, drive, hold a hack plate or have control of a taxicab,
or to engage in the business of operating a taxicab upon the streets
of the City.
A taxicab driver, owner, hack plate holder or other person
controlling the use of a taxicab in the City. When the operator is
not the driver of the taxicab, the operator as well as the driver
shall be responsible for the acts of the driver and for assuring compliance
with the provisions of this chapter.
Two or more passengers, not exceeding the capacity of the
cab, who have agreed in advance among themselves to hire a taxicab
to furnish their required service.
Any natural person, corporation, nonprofit corporation, partnership,
association or other type of firm or business enterprise; excluding,
however, governmental entities, agencies or subdivisions.
A card containing authorized taxicab tariff rates.
Person age 62 or older.
[Added 5-7-2003 by Ord. No. 2-2003]
A motor vehicle which is used for the purpose of carrying
passengers within the City of Geneva, which does not operate on a
fixed route and is used for the purpose of transporting passengers
for compensations, including livery vehicles as defined in § 121-e
of the Vehicle and Traffic Law of the State of New York, excluding
stretch limousines used for occasional hire for weddings, proms and
special events.
[Amended 8-3-1988 by Ord. No. 88-6]
Any individual who drives a taxicab.
A license permitting an individual to drive a taxicab within
the City.
An establishment maintained for the purpose of receiving
calls and dispatching taxicabs to transport passengers.
Any place along the curb or upon the street or a public place
which is designated by the City for the use of taxicabs, and which
shall include a working taxicab stand and/or a taxicab parking zone.
A request made at least one hour before service is required
for a taxicab to be at a particular place at or before a particular
time.
A.
No person shall operate a vehicle as a taxicab within
the City unless a hack plate, issued pursuant to this chapter, is
properly attached to such vehicle; provided, however, that this section
shall not prevent any taxicab not having a hack plate attached from
terminating a fare within the City when such fare commenced outside
the City or from answering a prearranged call in the City, as long
as such taxicab has a valid hack plate.
B.
A hack plate may be issued by the City Clerk after
compliance with the provisions set forth in this chapter, upon payment
of the required license fee and upon approval by the Chief of Police.
C.
A hack plate shall expire on the 30th day of June
after its issuance, unless revoked, surrendered or abandoned at an
earlier time.
[Amended 9-2-1987 by Ord. No. 87-24]
A.
A person desiring to secure a hack plate shall register
his or her name for such purpose with the City Clerk and shall pay
a registration fee of $150 for each taxicab.
[Amended 6-16-1993 by Ord. No. 6-93]
B.
An applicant for a hack plate shall notify the City
Clerk of any change of address. The offering of a hack plate will
be forwarded by certified mail, return receipt requested, to the address
listed with the City Clerk.
C.
No person shall have his name appear on the hack plate
registration list more than once at any given time.
D.
When a hack plate becomes available, due to abandonment
or revocation, such hack plate may be issued to the next registered
person. The City Clerk shall notify the first person whose name appears
on the hack plate registration list, in the order of date of registration,
that a hack plate has become available. Such person must make application
for the hack plate within 20 days from the date of mailing of such
notice and must further comply with the provisions of this chapter
in order to secure the hack plate.
E.
If the person so notified fails to complete an application
and to secure a hack plate within the time permitted, the City Clerk
shall notify the next person whose name appears on the list and who
is eligible for a hack plate of the availability of a hack plate.
F.
The application for a hack plate shall contain the
name and address of the applicant and such other information as the
Chief of Police may require. An applicant shall certify that the hack
plate will be used only on a vehicle that is in good mechanical condition
and which meets all of the requirements for taxicabs as set forth
in this chapter.
G.
The Police Department shall conduct an investigation
of each applicant for a hack plate, and the report of said investigation
and a copy of the traffic and police record of the applicant, if any,
shall be attached to the application for the consideration of the
Police Chief.
[Amended 6-16-1993 by Ord. No. 6-93]
Hack plates shall be issued annually by the
City, however, in no event shall more than 12 hack plates be issued
to any individual or business.
A.
The fee for hack plates shall be $50 annually, and
the operator's license shall be $30 annually, and such fees shall
be paid at time the plate is issued.
[Amended 6-16-1993 by Ord. No. 6-93; 9-3-1997 by Ord. No.
97-8]
B.
Upon issuance of a hack plate and license, the City
Clerk shall also issue a taxicab license certificate in a form prescribed
by the Chief of Police.
C.
The City Clerk shall keep a record of each hack plate
issued, of the holder, of the location of the office or place of business
of the holder and of the hack plate number assigned to the holder.
D.
The holder shall notify the Chief of Police of any
change in business address within 10 days of such change.
No person shall operate a taxicab within the
City unless said vehicle has passed a standard New York State motor
vehicle inspection during the preceding six months and has a properly
affixed and current inspection sticker, and is in good physical repair
and in a safe condition for the transportation of passengers. The
Chief of Police may make or cause to be made at any time a further
inspection of any vehicle used as a taxicab in the City, and if said
vehicle is found to be unsafe, unclean, unhealthful or unsuited for
public patronage, he may order the discontinuance of the use of said
vehicle as a taxicab. Inspection and maintenance of the vehicle shall
be guided by the New York State Vehicle and Traffic Law.
[Amended 1-24-1990 by Ord. No. 90-3; 1-9-1995 by Ord. No.
95-2; 12-5-2001 by Ord. No. 8-2001; 6-2-2004 by Ord. No. 5-2004; 6-4-2008 by Ord. No. 2-2008]
No driver of a taxicab shall carry any person
other than the passenger first employing the taxicab without the consent
of such passenger. In no event shall the driver pick up or carry any
other person after such driver has begun to transport the passenger
first employing the taxicab unless such passenger directs the driver
to pick up the other person or persons.
A.
All taxicabs shall be equipped with a roof light which
shall be illuminated when the taxicab is vacant or is for hire and
shall be kept unlighted when the taxicab is occupied by paying passengers.
B.
All taxicabs shall have a rate card enclosed in a
frame affixed inside said taxicab so as to be clearly visible to all
passengers at all times. The rate card shall set forth the rate being
charged by the taxicab for distance, waiting time, baggage and special
rates, and in no event shall said rates exceed the maximum rates permitted
by this section. Such rate card shall be in a form designated by the
Chief of Police and shall contain such additional information as he
may direct.
C.
All taxicabs shall be designed and constructed so
as to seat five persons or fewer, not including the driver, and shall
have no less than four doors with a step height of 16 inches maximum.
Any station wagon used as a taxicab shall not use the rear entrance
for seating of passengers.
The Police Department shall conduct an investigation
of each applicant for a taxicab driver's license, and the report of
this investigation and a copy of the traffic and police record of
the applicant, if any, shall be attached to the application for consideration
by the Chief of Police.
The holder of a taxicab driver's license shall
be permitted to renew the license annually, provided that he complies
with all provisions of this chapter. The application for such renewal
must be filed with the City Clerk not later than the 31st day of December
of each successive year. If the application for renewal is not made
within this time, the holder will be deemed to have abandoned the
license.
[Added 9-7-1988 by Ord. No. 88-8; amended 9-30-1997 by Ord. No.
97-9]
No person shall drive and operate a taxicab
within the City without first possessing a valid New York State operator's
license Class A, B, C or D and possessing a Class E license as provided
by Subdivision 2, § 501 of the Vehicle and Traffic Law and
a valid taxicab license issued by the City.
A.
No taxicab driver shall induce any person to be carried
by any taxicab by willful misrepresentation.
B.
Each taxicab driver shall keep the interior and exterior
of his taxicab in a clean and sanitary condition at all times. Each
taxicab shall at all times be neat and clean in appearance.
C.
No taxicab shall seek employment by persistently driving
a taxicab past any theater, hall, hotel, public resort, railroad station
or terminal or other place of public gathering, nor shall any taxicab
driver solicit employment by driving at such slow speed as to interfere
with or impede traffic. Taxicab drivers shall obey police officers
who may from time to time give instructions in order to relieve traffic
congestion and to preserve the safety and convenience of the public.
D.
No person shall drive a taxicab while intoxicated,
nor shall any taxicab driver drink an alcoholic beverage while on
duty, nor drive while his ability is impaired by use of a controlled
substance as defined in § 3306 of the Public Health Law.
E.
No taxicab driver shall fasten or lock the doors on
a cab so that it is impossible for a passenger to open them from the
inside.
F.
Each taxicab driver shall search the interior of the
taxicab at least once each day for articles left in the cab. The driver
shall immediately take such property to his supervisor for safekeeping
and proper disposition.
G.
No taxicab driver shall permit any other person to
use his taxicab driver's license.
H.
No taxicab driver shall drive any taxicab for more
than a period of 12 continuous hours in any twenty-four-hour period.
I.
Each taxicab driver shall display his own taxicab
driver's license in a frame placed inside the taxicab so as to be
visible to passengers at all times and shall include a picture.
J.
Each taxicab driver waiting for public employment
in any established working taxi zone shall remain within the sight
of his taxicab and shall at all times be prepared to move the taxicab.
K.
A taxicab driver or operator shall immediately report
a refusal to pay a fare to the Police Department, either in person
or by telephone.
L.
No taxicab driver shall permit any person or persons
in the vehicle other than a paying customer.
M.
A two-year maintenance program record shall be kept
on file for each vehicle used as a taxicab.
N.
Any accident involving personal injury or property
damage and the operation of a taxicab must be reported to the Chief
of Police within 24 hours.
A.
Denial of license application. The Chief of Police
may deny a license to any person who, in his judgment, is undesirable,
unfit or incapable of performing as a holder of a license, who does
not comply with the provisions of this chapter or any rule or regulation
promulgated by the Chief of Police pursuant to this chapter or who
makes a material misrepresentation on an application. The Chief of
Police may also deny a license to any applicant for a violation by
the applicant, or by any partner, agent, officer or employee of the
applicant, of any federal, state or local law or ordinance.
B.
The Chief of Police shall notify an applicant in writing
of the reasons for the denial of a license and shall give the applicant
10 days in which to request a hearing on the denial.
C.
Suspension or revocation of licenses. The Chief of
Police or any person may bring charges against the holder of a license
granted under this chapter alleging a violation by the holder, or
any partner, agent, officer or employee of the holder, of any federal,
state or local law or ordinance or any rules or regulations promulgated
by the Chief of Police pursuant to this chapter. The Chief of Police
shall investigate such charges, and, if he believes the charges are
warranted, he shall notify the holder of the charges and of the possible
penalties if the holder is found guilty of such charges. The holder
shall be given 10 days to request a hearing on such charges. A holder's
failure to request a hearing shall be deemed an admission of the charges.
D.
If a holder is found guilty of the charges after a
hearing or if the holder fails to request a hearing or to appear at
a scheduled hearing, the Chief of Police may suspend the holder's
license for a period not to exceed 90 days, may revoke the holder's
license or may fine the holder a sum not to exceed $250.
E.
Hearing. When a person entitled to a hearing under
this chapter makes a timely request for a hearing, the Chief of Police
shall schedule such hearing within 10 days after the request. The
Chief of Police shall hear and determine the charges. The holder or
applicant shall be permitted to be represented by counsel at the hearing,
to submit evidence and summons witnesses on his behalf, to inspect
documents and to cross-examine opposing witnesses. The burden of proving
the charges shall be upon the person alleging the same. Compliance
with the technical rules of evidence shall not be required.
F.
Factors to consider concerning violations. In determining
whether a license should be denied to an applicant or whether a penalty
should be imposed upon the holder for a violation of a law or ordinance,
the Chief of Police shall consider the following factors:
(1)
The nature of the violation.
(2)
The specific duties and responsibilities of a holder
of a license and the relationship between the violation and a holder's
fitness or ability to perform such duties or responsibilities.
(3)
The time which has elapsed since the violation and
the age of the person at the time of the violation.
(4)
The public safety interest in protecting property
and the health, safety and welfare of specific individuals or the
general public.
(5)
Any mitigating circumstances or information concerning
the rehabilitation or good conduct of a person.
(6)
Such other factors as the Chief of Police may deem
relevant or as may be mandated in the Correction Law or other law.
G.
Penalties for offenses. In addition to any other penalty
which may be provided in this chapter, a violation of any of the provisions
of this chapter shall be punishable by a fine not exceeding $150 or
by imprisonment not exceeding 15 days, or by both such fine and imprisonment,
or by a penalty of not less than $5 nor more than $500 to be recovered
by the City in a civil action. Every day of such violation may be
held to constitute a separate offense. In addition to the above penalties,
the Chief of Police shall be specifically empowered to order a person
charged with any violation of this chapter to take such corrective
action as may be required to bring such violation into compliance
with the intent and provisions of this chapter.
