[Amended 8-2-1982 by L.L. No. 2-1982; 8-1-1983 by L.L. No.
1-1983; 9-8-1992 by L.L. No. 11-1992; 11-19-2008 by L.L. No.
6-2008]
[Added 8-8-2011 by L.L. No. 3-2011]
A.
It is the
intent of the Village Board of the Village of Liberty to ensure that
adequate, safe, and efficient taxi services are available for the
residents and visitors of the Village of Liberty. The Village Board
recognizes and finds that some persons utilize taxi services for the
purpose of going to and from work, or to and from local merchants,
or to visit others, while others utilize taxis for the purpose of
going to or from medical appointments outside the Village of Liberty.
B.
The Village
Board finds that usage outside of the Village for medical appointments,
while beneficial to the health of the particular person(s) and to
the overall health of the people of the Village of Liberty, is limiting
the availability of safe, affordable, and efficient taxi services.
The Village Board further finds that unregulated taxis are entering
the Village of Liberty to pick up those with healthcare needs including
those who reside at a rehabilitation facility who have special healthcare
needs which may make such persons vulnerable, and therefore it is
particularly appropriate to know who is picking them up at such facility.
C.
The Village
Board further finds that while 30 taxicab permits are presently available
under the Village Code, it can be difficult to obtain a taxicab. The
Village Board is particularly concerned that there be adequate taxicab
service at times when persons are exiting eating or drinking establishments
to ensure the safety of the public roads and to otherwise serve the
public. For these reasons, the Village Board determines to both establish
a permit for Medicaid taxicab pick-ups and to increase the fee for
all taxicab permits so as to both enable the Village to spend the
necessary resources to review taxicab usage and to better ensure those
taxis which obtain permits are actively and substantially operating
in the Village.
D.
The Village
Board hereby determines that it shall evaluate on a more regular basis,
subject to resolution of the Village Board, the log books of the taxicabs
holding a permit to determine the usage of the taxis permitted in
the Village of Liberty. The Village further determines to increase
the permit fee because it is establishing a right of renewal based
on specific criteria, and further increases the permit fee because
the Village Board hereby finds and determines that a large number
of permits are being sought by entities which do not substantially
maintain their taxis in the Village of Liberty, thereby denying the
people of Liberty access to taxis. The Village Board further finds
that such increase in permit fees will diminish a permit applicant
from applying unnecessarily for a permit, effectively holding a permit
without using it, while denying potential competitors the ability
to apply for a permit given the Village's existing policy of granting
priority to renewal taxicab permit applications.
E.
The Village
Board finds that under the system existing prior to the enactment
of this section, that permit holders were obtaining permits for cabs
but that there was still a shortage of licensed cabs on the road,
particularly at times when they may be used when restaurant or bar
facilities are closing.
F.
The Village
Board therefore determines it to be appropriate to both increase the
fee for the existing taxicab permit and also to establish a special
type of taxi permit so that taxis which are exclusively used to transport
persons to or from medical appointments under the Medical Assistance
Program within and to the outside of the Village of Liberty can have
specialized permits for such purposes, while taxis which do not primarily
engage in transporting people to or from healthcare related services
and appointments still can have access to taxis which operate under
the taxicab permit system in place immediately prior to the enactment
of this section.
A.
LIMOUSINE
OPERATE
INTERCOMMUNITY MEDICAL TAXICAB PERMIT (IMT Permit)
OPERATOR
OWNER
TAXICAB DRIVER'S LICENSE
TAXICAB PERMIT
TAXI or TAXICAB
Definitions. Unless otherwise expressly stated herein,
whenever used in this chapter, the following words shall have the
meanings given to them by this subsection:
A motor vehicle carrying passengers for hire, having the
capacity to seat up to 15 passengers, with rates determined on a per-person,
hourly, daily, weekly or monthly rental of the vehicle and the services
of its chauffeur, or a combination of rental and mileage charges,
which does not solicit for hire on the streets of the Village of Liberty
and which does not have any markings thereon indicating that it is
a taxicab as otherwise required by this chapter.
The picking up or conveyance, by a taxicab, of a passenger
or passengers for hire.
A class of a taxicab permit granted to an owner of a taxi
or taxicab, issued with respect to a taxicab so owned, to solely permit
such owner to operate or have employees or agents utilize a taxi to
which the permit is displayed to operate one or more specific taxicabs
solely for the purpose of picking up and/or dropping off persons in
the Village of Liberty for medical appointments or services inside
or outside the Village of Liberty, as well as waiting for such persons
within the Village of Liberty while such person(s) goes into or out
of a pharmacy or store after a medical appointment outside the Village.
Nothing shall preclude the holder of a non-IMT permit taxicab from
dropping off or picking people up for medical appointments. The IMT
permit is established pursuant to the provisions of law and New York
State Regulations, including but not limited to 18 NYCRR 505.10(e)(6)(iii).
[Added 8-8-2011 by L.L. No. 3-2011]
A person, association, partnership or entity who or which
operates a taxicab.
Any person, association, partnership or entity owning or
having control of the use of one or more taxicabs or engaged in the
business of operating a taxicab.
Permission granted by the Village of Liberty to any person
to operate a taxicab as otherwise provided in this chapter.
Permission granted to an owner of a taxicab, issued with
respect to each taxicab so owned, to permit such owner to operate
or have employees or agents operate a taxicab as hereinafter provided.
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, except vehicles
subject to the provisions of the Transportation Law, limousines, those
vehicles used by undertakers and funeral directors in carrying on
their business, ambulances and vehicles used exclusively by or under
agreement with a hotel, hospital, club or other entity for the purpose
of transporting members, guests, patients or clients.
B.
No person, association, partnership or entity shall
operate a taxicab and carry persons for hire who are picked up within
the Village of Liberty without first obtaining and having in force
a taxicab driver's license as hereinafter provided.
C.
No person, association, partnership or entity shall
own a taxicab and carry or allow to be carried persons for hire who
are picked up within the Village of Liberty within unless such owner
has obtained either a taxicab permit or an IMT permit from the Village
of Liberty as hereinafter provided. If the taxi or taxicab is operating
with an IMT permit, its operation shall be restricted to the purposes
provided for in the definition of the intercommunity medical taxicab
permit.
[Amended 8-8-2011 by L.L. No. 3-2011]
[Amended 12-16-2014 by L.L. No. 4-2014]
A.
Each owner of a taxicab or intercommunity medical taxicab who or
which is obligated to obtain a taxicab permit or intercommunity medical
taxicab as otherwise provided in this chapter shall make application
to the Board of Trustees of the Village of Liberty, by filing an application
with the Village Clerk, for a taxicab permit or intercommunity medical
taxicab and the issuance of a medallion, and shall pay to the Treasurer
of the Village of Liberty:
(1)
For each taxicab permit, an annual fee for each and every taxicab
to be used by such owner in such a trade, business or occupation,
as set by the Village Board of Trustees by resolution. Such payment
of the annual fee shall be made as follows: One-half of such fee shall
be paid at the time of the making of the application; upon approval
of such permit by the Board of Trustees, the Treasurer of the Village
shall notify the applicant, by regular mail, that such application
has been approved and that the balance of the annual fee shall be
paid upon the pick-up of the taxicab permit and medallion, but no
later than 15 days after the date of such letter, such that in the
event that the applicant does not pick up the permit within 15 days
of such letter the balance of the annual fee shall still be required
to be made within 15 days of such letter. In the event that the applicant
fails to make the additional required payment of the balance of the
annual fee within 15 days of the date of the letter sent by the Treasurer
to the applicant, as aforesaid, the payment of one-half of the annual
fee made at the time of the application shall be deemed forfeited
and nonrefundable, and the permit so approved by the Board of Trustees
shall be deemed forfeited, null and void, and said permit and medallion
shall be available to other owners of taxicabs, based upon a proper
application (as otherwise permitted by this chapter) which is approved
and the payment of all required fees. The applicant who has forfeited
the one-half of the annual fee and whose permit has been forfeited
and rendered null and void shall be permitted to reapply for such
permit and medallion if same is still available, upon the making of
a new application and the payment of the entire annual fee in the
manner and as hereinabove set forth; such applicant, however, shall
not have any priority in applying for or receiving such permit and
medallion, which shall be issued on a first-come, first-served basis.
(2)
For each intercommunity medical taxicab permit, an annual fee for
each and every intercommunity medical taxicab to be used by such owner
in such a trade, business or occupation, as set by the Village Board
of Trustees by resolution. Such payment of the annual fee shall be
made as follows: One-half shall be paid at the time of the making
of the application; upon approval of such permit by the Board of Trustees,
the Treasurer of the Village shall notify the applicant, by regular
mail, that such application has been approved and that the balance
of the annual fee shall be paid upon the pick-up of the intercommunity
medical taxicab permit and medallion, but no later than 15 days after
the date of such letter, such that in the event that the applicant
does not pick up the permit within 15 days of such letter the balance
of the annual fee shall still be required to be made within 15 days
of such letter. In the event that the applicant fails to make the
additional required payment of the balance of the annual fee within
15 days of the date of the letter sent by the Treasurer to the applicant,
as aforesaid, the payment of one-half of the annual fee made at the
time of the application shall be deemed forfeited and nonrefundable,
and the permit so approved by the Board of Trustees shall be deemed
forfeited, null and void, and said permit and medallion shall be available
to other owners of intercommunity medical taxicabs, based upon a proper
application (as otherwise permitted by this chapter) which is approved
and the payment of all required fees. The applicant who has forfeited
the one-half of the annual fee and whose permit has been forfeited
and rendered null and void shall be permitted to reapply for such
permit and medallion if same is still available, upon the making of
a new application and the payment of the entire annual fee in the
manner and as hereinabove set forth; such applicant, however, shall
not have any priority in applying for or receiving such permit and
medallion, which shall be issued on a first-come, first-served basis.
B.
Subject only to the provisions of Subsection C below, applications for existing taxicab permits and medallions and intercommunity medical taxicab permits and medallions shall be made on or after February 1 of each year and no later than May 1 of each year. In the event that no application has been made for a particular existing taxicab permit and medallion or intercommunity medical taxicab permit and medallion on or before May 1of that particular year, the holder of such taxicab permit and medallion or intercommunity medical taxicab permit and medallion shall no longer have any rights in and to such taxicab permit and medallion or intercommunity medical taxicab permit and medallion as of the expiration of its taxicab permit or intercommunity medical taxicab permit for such medallion on May 31 of that year and, as of June 1 of that year, such medallion shall be available, on a first-come, first-served, basis as set forth in the following section.
C.
In the event that an application for a taxicab permit or intercommunity medical taxicab permit for a particular medallion has not been made by May 1 of the particular year, as set forth in Subsection B above, such medallion shall then be available for application for a taxicab permit or intercommunity medical taxicab permit for the June 1 - May 31 permit year, by application to be submitted on or after June 1 of that year and no later than July 15 of that year, on a first-come, first-served basis. The fees and the time and manner in which fees for such taxicab permit or intercommunity medical taxicab permit for such medallion are to be paid shall be as set forth in Subsection A above.
E.
The term for all permits shall commence on June 1 of each year and end on May 31 of the following year, other than that the commencement date of permits obtained through the process set forth in Subsection C above, which shall commence upon approval and issuance and terminate on May 31 of the following year.
F.
An application for a taxicab permit or intercommunity medical taxicab
permit shall be made on a form that is provided by the Village of
Liberty, giving the full name of the applicant, the name of the taxicab
or intercommunity medical taxicab company, the business location,
the make, model and registration number of the vehicle and any other
information as the Village may deem necessary. The application shall
be certified as true by the applicant.
G.
Such application for a taxicab permit or intercommunity medical taxicab
permit shall be submitted to the Chief of the Village of Liberty Policy
for verification and recommendation before issuance of such permit.
H.
If the application is approved by the Village Board of Trustees,
the permit and medallion shall be issued within 30 days after a complete
application, together with the initial required payment of one-half
of the required annual fee, has been filed and paid to the Village
Clerk.
[Amended 8-8-2011 by L.L. No. 3-2011; 10-18-2013 by L.L. No. 7-2013; 12-16-2014 by L.L. No. 4-2014]
A.
The number of taxicab permits to be issued under § 75-1.1 of this chapter is hereby limited to 30.
B.
Permits granted to existing taxicab or intercommunity medical taxicab
permit holders shall be entitled to renewal:
(1)
Unless the overall number of permits are reduced by the Village Board
of Trustees;
(2)
Unless the permit holder has otherwise been found to be in nonconformance
with this chapter;
(3)
Unless, upon request by the Village of Liberty or the Police Chief,
the permit holder is unable to demonstrate that, as shown in its log
books, the majority of trips of a permitted taxicab or intercommunity
medical taxicab have been to pick up or drop off passengers within
the Village of Liberty and/or that the driver of such permitted taxicab
or intercommunity medical taxicab has operated the vehicle in compliance
with applicable laws during the time the permit is valid;
(4)
Unless, after a hearing, the Village Board of Trustees determines
that that the holder of the permit employs and utilizes drivers who
operate taxis in an unsafe manner; and/or
(5)
The permit holder, taxicab driver or intercommunity taxicab driver
engages in conduct (including but not limited to failing to properly
and safely operate or maintain any vehicle it utilizes for a taxi)
which endangers persons or property.
C.
No taxicab permit or intercommunity medical taxicab permit or medallion
shall be issued unless the applicant shall possess and present proof
of a properly registered and insured vehicle, as required by the New
York State Department of Motor Vehicles for use on the public highways,
for each taxicab permit and intercommunity medical taxicab permit
issued.
D.
All vehicles that are the subject of a taxicab permit or intercommunity medical taxicab permit pursuant to this chapter are required to be properly registered and insured as stated in § 75-2C and as required by the Vehicle and Traffic Law at all times during a taxicab permit or intercommunity medical taxicab permit period. For any vehicle that is issued a taxicab permit or intercommunity medical taxicab permit pursuant to this chapter that becomes unregistered and/or uninsured and/or its registration is suspended or revoked by the New York State Department of Motor Vehicles, its taxicab or intercommunity taxicab (whichever is applicable) permit and medallion will be deemed expired as of the date that the vehicle becoming unregistered and/or uninsured and/or its registration is suspended or revoked by the New York State Department of Motor Vehicles, and such permit and medallion must be immediately returned to the Clerk of the Village of Liberty. The holder of the taxicab or intercommunity taxicab permit and medallion, whichever is applicable, shall have until the close of business of the second business day after the day that it receives from a police officer or the Village Code Enforcement Officer a ticket or other violation (or notice thereof) that they are in violation of § 75-2C or D or any provision of the Vehicle and Traffic Law requiring the taxicab or intercommunity taxicab to be registered and/or insured or free from any suspension or revocation, within which to cause such taxicab or intercommunity taxicab (whichever is applicable) to be properly registered and/or insured and any suspension or revocation of its registration by the New York State Department of Motor Vehicles lifted. In the event that and upon the holder of the taxicab or intercommunity taxicab permit and medallion (whichever is applicable) causes the taxicab or intercommunity taxicab to be properly registered and/or insured and any suspension of its registration by the New York State Department of Motor Vehicles lifted within the foregoing time limit, the permit and medallion for such vehicle shall again be deemed to be in full force and effect, without any further application or the payment of any additional fee to the Village of Liberty by the holder thereof, and if such permit and/or medallion had been returned to the Clerk of the Village of Liberty as required above such Clerk shall forthwith return them to the holder of such permit. In the event that that the holder of the taxicab or intercommunity taxicab permit and medallion (whichever is applicable) does not cause the taxicab or intercommunity taxicab to be properly registered and/or insured and any suspension of its registration by the New York State Department of Motor Vehicles lifted within the foregoing time limit, the permit and medallion for such vehicle shall continue to be deemed expired and, if not done so already, they must be immediately returned by the permit holder to the Clerk of the Village of Liberty; such permit and medallion shall not be available for reissuance to the former permit holder or any other applicant until the next available period during application for a permit and medallion may be made, as set forth in § 75-1.1B and C, and then on a first-come, first-served basis; the former permit holder shall have no priority to obtain such permit and medallion. Notwithstanding anything in this chapter to the contrary, under no circumstances may any taxicab or intercommunity medical taxicab be used or operated on any public road or highway during any time when it is not properly registered and/or insured and/or any suspension of such registration by the New York State Department of Motor Vehicles is in force.
[Amended 5-28-2013 by L.L. No. 3-2013]
A.
No taxicab permit granted and issued as above provided
shall be assigned or transferred to any person, association, partnership
or entity. In an instance where a person, association, partnership
or entity that has been issued multiple taxicab permits is to be sold
to another person, association, partnership or entity, the taxicab
permits may be transferred to such new person, association, partnership
or entity, provided that:
(1)
All taxicab permits issued to the existing person,
association, partnership or entity are to be transferred to the new
person, association, partnership or entity;
(2)
Application has been made to and consent has been
granted by the Village Board of Trustees to such transfer; and
(3)
The new person, association, partnership or entity
meets all of the requirements of this chapter.
B.
The transfer of a single taxicab permit issued to an individual person, association, partnership or entity is prohibited unless such single taxicab permit represents the only taxicab permit issued to such person, association, partnership or entity, and same is being transferred as authorized in § 75-3A.
C.
Any person, association, partnership or entity to whom or to which a taxicab permit shall be issued as above provided shall affix to the rear windshield, on the left side, of each taxicab the taxicab permit number for such taxicab. The taxicab permit number shall be displayed and affixed using numbers no smaller than four inches high, and the numbers shall be white in color. Such person, association, partnership or entity shall also affix the taxicab number on the left rear bumper of each taxicab. The taxicab permit number and the taxicab number which are required to be affixed, as aforesaid, shall not be obscured from view from the outside of the taxicab or covered, in whole or in part. Each taxicab shall be required by the person, association, partnership or entity to whom or to which a taxicab permit shall be issued to have the taxicab permit number affixed, as aforesaid, within 30 days from the effective date of the local law amending this Subsection C.
D.
Taxicab permits issued to an individual, association,
partnership or entity may be transferred from one taxicab to another
taxicab owned by the permitee, provided that prior notification is
given to the Chief of Police, in writing, giving the taxicab permit
license number involved, the make, model and registration number of
the taxicab being replaced, and the make, model number and registration
number of the taxicab being added.
A.
The failure to comply with any of the provisions of
this article shall be and constitute a violation thereof, and any
person, association, partnership or entity violating any provision
of this article shall forfeit and pay a penalty and fine of no more
than $250 for the first violation thereof and no more than $500 for
each and every subsequent violation, which said sums are hereby fixed
as fines and penalties for each violation. Each day that the violation
continues shall be deemed a separate violation. The court may, in
addition to or in lieu of a penalty and fine, impose a temporary or
permanent suspension of the taxicab permit issued for the taxicab
involved in the violation.
B.
In addition to the penalties as provided in Subsection A of this § 75-4, if a person, association, partnership or entity who or which is in violation of § 75-2E fails to return the taxicab permit to the Village Clerk as required, it will immediately result in the revocation of any and all taxicab permits issued to such person, association, partnership or entity.
