[HISTORY: Adopted by the Board of Trustees
of the Village of Mount Kisco 4-24-2006 by L.L. No. 1-2006.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law supersedes former
Ch. 98, Taxicabs, adopted 12-5-2005 by L.L. No. 8-2005.
Chapter 98 of the Village Code of the Village of Mount Kisco is adopted pursuant to the authority of Vehicle and Traffic Law § 1640 as a local traffic regulation and shall be enforceable in the same manner as any other traffic law or regulation under the Vehicle and Traffic Law or the Code of the Village of Mount Kisco.
As used in this chapter, the following terms
shall have the meanings indicated:
The operation of a taxicab upon Mount Kisco streets when
not employed by a passenger and, by words or actions, solicitation
of prospective passengers for hire.
The Village Clerk or his designee.
Any person owning, leasing, franchising or having control
of the use of one or more taxicabs used for hire upon the streets
of the Village or engaged in the business of operating a taxicab.
The owner of a vehicle described herein is the person in
whose name the state title is issued pursuant to the Vehicle and Traffic
Law or, if the vehicle is leased, the person in whose name the vehicle
is registered.
A taxicab, except that such private livery cab shall not:
Have the dome light or the external markings
for taxicabs prescribed in this chapter.
Be allowed to use taxi stands within the Village.
Be used in the Village for hire except upon
a unit of time for hire by the hour, day or week, which unit of hire
may exceed that prescribed for taxicabs in this chapter.
Any highway, street, alley, avenue, court, bridge, lane or
public highway or any other public way in the Village.
Any motor vehicle having a seating capacity of not more than
seven persons, in addition to the driver, engaged in the business
of carrying persons for compensation whether the same be operated
from a street stand or subject to calls from an approved garage or
other approved office location, except vehicles subject to the provisions
of the Public Service Law or used by undertakers in carrying on their
undertaking business.
Any person who drives a taxicab, whether such person is the
owner, lessee or franchisee of the taxicab or employed as an operator.
The document granting permission by the Village to any person
to drive a licensed taxicab upon the streets of Mount Kisco.
The permission granted by the Village to any person to operate
or keep for hire any taxicab in the Village.
Any place alongside a curb of a street or elsewhere marked
by a taxicab sign authorized and exclusively reserved by the Board
of Trustees for the use of taxicabs.
No person shall drive a taxicab that picks up
passengers within the Village limits and no owner of a taxicab shall
permit a driver thereof to pick up passengers within the Village limits
without said driver first having procured a taxicab driver's license
from the Village Clerk or his designee and keeping the same in force
and effect, under the provisions of this chapter.
[Amended 11-19-2007 by L.L. No. 4-2007]
No owner, operator, lessee or franchisee of
a taxicab that picks up passengers within the Village limits shall
cause or permit such taxicab to be driven, operated or kept for hire
or pay within the Village limits without first having procured a taxicab
license from the licensing official for said taxicab and keeping the
same in force and effect, under provisions of this chapter.
A.
Requirements of applicant; signature of taxicab company
owner required.
(1)
Each applicant for a taxicab driver's license must
comply with the following to the satisfaction of the licensing official:
(a)
Must first have obtained a New York State Class
E license and continue to satisfy all requirements and conditions
therein throughout the term of said state license and Village license.
(b)
Fill out, upon a blank form to be provided by
the licensing official, a statement providing the information below,
which statement shall be signed and sworn to by the applicant and
filed with the licensing official as a permanent record, together
with the requisite fees.
[1]
Full name.
[2]
Residence and applicant's other places of residence,
if any, during the five years previous to application, with dates
provided for each place of residence.
[3]
Date and place of birth.
[4]
Height.
[5]
Color of eyes and hair.
[6]
Places and dates of all previous employment
during the five years previous to application.
[7]
Place and date of any felony and misdemeanor
charges, regardless of whether the ultimate disposition resulted in
felony or misdemeanor convictions.
[8]
Place and dates of any previous licenses issued
by the Village.
[9]
Place, date and description of any revocations
or suspensions of licenses issued by the Village.
[10]
Disclosure of any medical conditions, illnesses
or other disabilities that might impact the applicant's ability to
operate a cab.
(2)
Each application for a taxicab driver's license shall
set forth the name of and be signed by the owner or duly authorized
representative of the owner of the taxicab company for which the driver
works.
B.
False statements.
(1)
Each application shall contain the following statement:
|
Notice: Pursuant to the Penal Law, § 210.45,
it is a crime punishable as a Class A misdemeanor to knowingly make
a false statement herein.
|
(2)
Any false statements by the applicant for a driver's
license shall be promptly reported by the licensing official to the
corporation counsel of the Village of Mount Kisco. The licensing official
is hereby authorized and empowered to require such additional information
as he may deem necessary.
C.
Application processing. Any application for a taxicab
driver's license or renewal thereof shall be submitted at least 60
days prior to issuance or renewal so that an appropriate processing
period can be afforded to the Village and the state.
[Amended 11-19-2007 by L.L. No. 4-2007]
Each applicant for a driver's license must file
with his or her application three unmounted, unretouched photographs
of himself or herself in such position as the licensing official may
direct, taken within the 30 days preceding the filing of his or her
application. Photographs shall be of a passport size which may be
easily attached to his or her license, one of which shall be attached
to the license when issued and the other shall be filed with the application.
The photograph shall be so attached to the license that it cannot
be removed and another photograph substituted without detection. Each
licensed driver shall prominently display in the taxicab at all times
his or her license and photograph so as to be both visible and legible
to all passengers riding in the taxicab.
A.
The licensing official shall obtain from the State Division of Criminal Justice Services and the State Division of Motor Vehicles record checks as to criminal history records and Vehicle and Traffic Law convictions for applicants for taxicab driver's licenses or applicants for the renewal of taxicab driver's licenses to be issued by the Village. In connection thereto, every applicant for such licenses shall, at his or her sole cost and expense, be fingerprinted at a facility authorized by the State Division of Criminal Justice Services, which fingerprints, together with applicable fees, shall be forwarded to the State Division of Criminal Justice Services for identification processing. The applicant shall also tender the requisite fees to the Village to cover the costs for the processing license applications to the Village. Said payments shall be nonrefundable and made in cash or by certified check or money order. No license or renewal thereof shall issue, except a temporary license as provided in § 98-9, until the investigations as required herein shall be completed except that an applicant shall be exempt from the provisions of this section if he has held taxicab driver's licenses from the Village for the five continuous years previous to application and the criminal history record checks conducted in said five years found no criminal convictions during said period.
[Amended 11-19-2007 by L.L. No. 4-2007; 4-5-2010 by L.L. No. 1-2010]
B.
Reasons for license denial; suspension, cancellation,
revocation and refusal to renew or issue a license.
(1)
The Village Clerk or his designee may suspend, cancel
or revoke a taxicab driver's or taxicab license and may refuse to
approve an application for renewal thereof for any of the following
reasons:
(a)
Conviction: the conviction of the applicant
or licensee of a felony, misdemeanor or any other criminal offense
within the preceding 10 years. In reviewing an application of any
person who has previously been convicted of one or more criminal offenses
in this state or other jurisdictions, the licensing official shall
apply the standards for licensure as embodied in Article 23-A of the
Corrections Law.
(b)
False application: if the licensee or applicant
has made a material false statement or concealed a material fact in
connection with the application for a license or renewal thereof.
(c)
Violations: if the licensee or applicant has
violated any of the provisions of this chapter.
(d)
Prior revocation or suspension of a taxicab
driver's license or taxicab license: if the applicant, any officer,
director, stockholder or partner or any other person directly or indirectly
interested in the application for a taxicab license was the former
holder, or was an officer, director, or partner or stockholder in
a corporation or a partnership that was the former holder, of a taxicab
license that has been revoked or suspended.
(e)
True ownership requirement: if the applicant
is not the true owner of the vehicle or of the taxicab business.
(2)
Subject to the hearing provisions set forth below,
action on any application may be deferred and any existing license
may be suspended at any time when there is reasonable cause to believe
that an applicant/licensee has used a taxicab for immoral or illegal
activity or for a violation of any state law governing the operations
of motor vehicles. Such suspension or deferral shall be for the minimum
period necessary to allow the licensing official to investigate the
alleged improper conduct, whereupon a determination shall be made
to issue, not issue, revoke or restore such license, as the case may
be. In the event that criminal prosecution is pending, the licensing
official may defer such determination until final disposition of the
charges.
C.
Hearings.
(1)
Notice. Any suspension, cancellation or refusal to
issue a license or to renew a license made hereunder shall be by written
notice issued by the licensing official to the applicant or licensee,
who is entitled to demand a hearing, provided such demand is made
in writing to the licensing official, and such hearing shall be conducted
within 15 business days after the imposition of such suspension or
cancellation of a license hereunder if less then seven days' prior
notice thereof has been given. Where prior notice of at least seven
days has been given with respect to a proposed suspension or cancellation
of a license, a hearing shall be held within 15 business days after
receipt of a written demand.
(2)
Demand for hearing. The demand for a hearing must
be made in writing and received by the licensing official within 30
days after the mailing of the notice of the suspension, revocation
or denial of a license, in default of which the right to a hearing
will be deemed waived.
(3)
Conduct of hearing. Upon receipt of a timely demand for a hearing, as provided above, the licensing official shall notify the office of the Village Attorney that such hearing has been demanded. The licensing official shall also transmit to the Village Attorney the documentation, application forms and a written statement of a reason for the revocation, suspension or denial of a taxicab driver's license or taxicab license. Within the time limits prescribed pursuant to § 98-7C(1) above, the Village Attorney shall arrange for a hearing before a hearing officer, or hearing officers, appointed by the Village Attorney who shall not be a member or employee of the Village of Mount Kisco Police Department. At such hearing, the licensing official or his designee shall present his reasons for the denial of the license in question, and the applicant whose license was denied, revoked or suspended shall be accorded every opportunity to bring forward all matters in his defense. An applicant shall be entitled to, but not be required to bring, counsel at any such hearing. Upon the conclusion of such hearing, the hearing officer(s) shall make a binding determination of the licensing official, in the event the hearing officer(s) shall reverse the revocation, denial or suspension in part, the hearing officer(s) shall also provide such conditions as said hearing officer(s) may deem reasonably appropriate. Any person aggrieved by a determination of the hearing officer(s), including the licensing official, shall have the right to challenge such determination pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York.
(4)
Surrender of license. In the event of a suspension
or cancellation as provided for herein of a taxicab operator's or
owner's license, the holder thereof shall deliver the affected license
to the Chief of Police within 24 hours of receipt of notice.
A.
Form, issuance; denial.
(1)
Upon satisfactory fulfillment of the foregoing requirements,
there shall be issued to the applicant a license, which shall be in
such form as to contain a photograph and the signature of the licensee
and the signature of the licensing official. All licenses shall be
numbered in the order in which they are issued and shall contain the
name of the licensee and the dates of issuance and expiration of the
license. Any licensee who defaces, removes or obliterates any official
entry made upon his license or permits the same to be done shall be
punished by the revocation of his license.
(2)
In addition to the reasons set forth in § 98-7B, the licensing official may, in his or her discretion, deny the issuance of a taxicab driver's license or renewal thereof to an applicant whose application contains material false statements or whose health or previous criminal and Vehicle and Traffic Law conviction record would, in his or her opinion, endanger the general public or impair the applicant's ability to drive a taxicab. Such denial shall be in writing. Article 23-A of the New York State Corrections Law shall guide the licensing official in evaluating the applicant's conviction record, if any.
[Amended 4-5-2010 by L.L. No. 1-2010]
B.
Taxicab driver's licenses shall be valid for a period
not to exceed one year, unless sooner suspended or revoked. All licenses
shall be valid from April 1 through March 31 of the succeeding year.
Any licenses issued after April 1 shall only be valid for the balance
of said period or term. No fees shall be prorated.
C.
Applications for the renewal of a taxicab driver's
license shall be filed in the office of the licensing official at
least 60 days prior to the expiration of said driver's license.
D.
A temporary permit may be issued by the licensing official pending receipt of the official record check detailed in § 98-7 above. Such issuance shall be at the licensing official's sole discretion and upon his finding that the applicant would not endanger the general public by driving a taxicab in the Village. Such temporary permit shall in no event be granted for a period longer than 60 days and shall be nonrenewable, and a nonrefundable fee of $100 shall be charged for its issuance, which fee shall not be applied toward the annual licensing fee detailed in § 98-15 below.
E.
Such license or permit shall be prominently displayed
by the taxicab driver at all times when driving a taxicab in the Village
so as to be visible to all passengers riding in the taxicab.
F.
Denial of license. If the results of any of the examinations
are unsatisfactory in the opinion of the licensing official or his
designee, the application shall be denied subject to the provisions
hereof for hearings.
G.
Any applications hereunder shall be made at a time
and place established by the licensing official. All payments shall
be nonrefundable and will not be prorated.
A.
Except as set forth in Subsection A(1)(b), an application for a taxicab license shall be made by the owner of the vehicle upon blank forms furnished by the licensing official.
(1)
Contents of application; registration under another
business name.
(a)
Such application shall contain:
[1]
The full name of the owner(s) and present residence(s).
In the event that ownership of such vehicle is in a form other than
in an individual capacity, the full names and present addresses of
all beneficial owners shall also be provided.
[2]
The model, year and present mileage of the taxicab.
[3]
The vehicle identification number of the taxicab.
[4]
The vehicle registration number and a copy of
the current New York State vehicle registration and title for the
taxicab. In the event that a new vehicle is being licensed and the
title has not yet been received by the owner, the title may be submitted
to the licensing official within 60 days of the submission of the
taxicab license application.
[5]
The date of the current New York State motor
vehicle inspection of the taxicab.
[6]
The places and dates of previous taxicab licenses.
[7]
Whether the owner's license or any of the beneficial
owners' licenses to operate a taxicab have ever been revoked in the
Village or elsewhere and, if so, for what cause.
[8]
Proof of insurance.
[9]
Proof of certificate of doing business as or
incorporation, location of an office within the Village of Mount Kisco
and fleet location within the Village, subject to conformance with
Village of Mount Kisco zoning.
(b)
Any individual who desires to operate a taxicab
business without actually owning any or all of the vehicles in the
fleet may do so, provided that said owner first files for and is issued
a taxicab license and otherwise provides the information required
by this chapter for all the vehicles within the fleet.
(c)
Any owner of a taxicab may register such vehicle
to operate under another business name, provided that such designated
business has been duly issued a valid taxicab license and the owner
or duly authorized representative of such company evidences its consent
to such registration by signing said taxicab license application.
(d)
Any obligations of a taxicab owner regarding
requisite inspections, licensing, equipment or operations as set forth
in this chapter shall equally apply to a taxicab licensee.
(2)
Such statement shall be signed and sworn to by the
owner and filed with the licensing official as a permanent record.
(3)
The licensing official shall obtain from the State Division of Criminal Justice Services and the State Division of Motor Vehicles record checks as to criminal history records and Vehicle and Traffic Law convictions for applicants for taxicab licenses or applicants for the renewal of taxicab licenses to be issued by the Village. In connection thereto, every applicant for such licenses shall, at his or her sole cost and expense, be fingerprinted at a facility authorized by the State Division of Criminal Justice Services, which fingerprints, together with applicable fees, shall be forwarded to the State Division of Criminal Justice Services for identification processing. The applicant shall also tender the requisite fees to the Village to cover the costs of processing licensing applications to the Village. No license or renewal thereof shall issue, except a temporary license as provided in § 98-9, until the investigations as required herein shall be completed, except that an applicant shall be exempt from the provisions of this section if he has held taxicab licenses from the Village for the five continuous years previous to application and the criminal history record checks conducted in said five years found no criminal convictions during said period.
[Amended 4-5-2010 by L.L. No. 1-2010]
B.
False statements.
(1)
Each application shall contain the following statement:
|
Notice: Pursuant to the Penal Law, § 210.45,
it is a crime punishable as a Class A misdemeanor to knowingly make
a false statement herein.
|
(2)
Any false statements by the owner for a taxicab license
shall be promptly reported by the licensing official to the Village
Prosecutor. The licensing official is hereby authorized and empowered
to require such additional information as he may deem necessary.
C.
Limitation on number of licensed vehicles. The number
of taxicabs for which licenses may be issued shall be limited to 50.
In issuing annual licenses, existing valid licenses shall be entitled
to renewal upon application. Any lapse in the validity of a taxicab
license shall preclude any preference for renewal.
A.
The soliciting of patronage by taxicab operators at
the railroad station on the approach thereto or in front thereof or
upon the stairways within the limits of the subway exit from the station
is forbidden. Taxicab operators are to remain in the areas designated
for taxicab parking.
B.
Taxicab operators may pick up passengers in front
of the station only when the operator is specifically called by name
for such purpose, and this right shall be limited to picking up the
aged, infirm or other persons to whom the exit stairs offer difficulty.
All other persons must be picked up in the taxicab area, as designated.
C.
Taxicab operators may not enter the station, stairs,
or subway or go to the platform of the station for luggage unless
specifically called for such purpose by a passenger. When so called,
the taxicab operator must wait until other passengers have departed
from the stairs, subway or station, and the operator shall not, in
entering or leaving the station exit, platform or stairs to pick up
such luggage, unreasonably interfere with the use of such facilities
by other persons.
A.
No vehicle shall be licensed pursuant to this chapter
until it has been inspected and examined and found to be in a thoroughly
safe condition for the transportation of passengers, clean, fit, of
good appearance, well painted and in complete compliance with all
requirements of the Village Code.
B.
The licensing official is hereby empowered to designate
not more than two official inspection stations (which shall be designated
New York State inspection stations) in the Village of Mount Kisco
for the purposes of this chapter of the Village Code.
C.
In addition to the prelicensing inspection, it shall
be the responsibility of each owner and driver of a taxi applying
for or licensed in the Village of Mount Kisco to cause such vehicle
to be inspected annually by a designated inspection station.
D.
Two copies of the inspection report shall be given
to the vehicle owner, who shall forward a copy to the licensing official
at the completion of the inspection. Proof of satisfactory inspection
shall be displayed on the vehicle in a form/sticker provided by the
Village on the operator's side rear window.
E.
The inspection of taxis shall include, but not be
limited to, a review of the following:
(1)
Brakes.
(2)
Tires.
(3)
Steering.
(4)
Shock absorbers.
(5)
Exterior lights.
(6)
Interior lights.
(7)
Windshield/Other glass.
(8)
Windshield wipers.
(9)
Mirrors (inside and out)
(10)
Horn.
(11)
Upholstery.
(12)
Floorboards/Floor mats.
(13)
Door handles/doors.
(14)
Body damage and rust.
(15)
Paint.
(16)
Directional signals.
(17)
Heater.
(18)
Speedometer.
(19)
Front and rear defrost systems.
(20)
Seatbelts.
F.
Repair work that is required after inspection of a
taxi must be completed within 10 days of the inspection, and satisfactory
proof of repair shall be presented to the licensing official. Failure
to make necessary repairs and to present satisfactory proof may be
a ground for suspension of an owner's license.
G.
Upon receipt of a report from any designated inspection
station which finds a taxi to be unfit or unsuited for public patronage
or which shall fail to comply with the requirements of this chapter,
the licensing official shall refuse a license or shall revoke or suspend
the license previously issued.
A.
Every licensed vehicle shall be kept mechanically
fit and the interior and exterior kept in a clean and sanitary condition
and shall at all times bear a current New York State inspection sticker
as well as a Village of Mount Kisco licensing sticker, which shall
be affixed to the driver's side rear window.
B.
All licensed vehicles, except vans that have at least
one sliding side door, shall have four doors, two of which lead into
the driver's compartment, and all doors shall be so constructed that
they may be opened from the inside and the outside.
C.
Every licensed vehicle shall be equipped with an adequate
heater and air conditioning of a type that will not permit exhaust
gases to enter the interior of the vehicle.
D.
Every vehicle licensed shall be equipped with two
adjustable rearview mirrors, one in the drivers compartment and one
installed on the exterior of the vehicle on the driver's side door.
E.
Every licensed vehicle shall be equipped with a standard
speedometer that is not inoperative or disconnected.
F.
Each licensed vehicle shall have either an acceptable
snow tire, radial tire or tire chains on the drive wheels of such
vehicle when pavement conditions are such as to require said use for
the safety of the driver, the passenger and the general public.
G.
Each licensed vehicle shall be equipped with operable
windshield wipers properly installed and maintained in good working
order, which shall be operated whenever weather conditions require.
In addition, each licensed vehicle shall at all times remain in compliance
with New York State regulations requiring that headlights be turned
on at any time the windshield wipers are in operation.
[Amended 11-19-2007 by L.L. No. 4-2007]
H.
Each licensed vehicle shall contain the original or
replacement upholstery and floor mats in good and suitable condition
for satisfactory use by the public. In the event that original upholstery
or floor mats are found to be worn or otherwise deteriorated, such
upholstery or floor mats must be replaced prior to the use of the
licensed vehicle for conveyance of the public.
I.
Each licensed vehicle shall be equipped with an interior
light capable of illuminating the entire interior of said public vehicle
after sundown. Said light shall be so arranged as to be automatically
turned on by the opening of any door to the vehicle.
[Amended 11-19-2007 by L.L. No. 4-2007]
J.
Wherever glass is used in the construction of any
licensed vehicle, such glass shall be safety glass clearly and permanently
marked as such and of a type approved by the Commissioner of Motor
Vehicles of the State of New York. All glass in said licensed vehicle
shall be in good condition and shall not contain air bubbles, cracks
or fractures.
K.
The fenders and body of each licensed vehicle must
be rigidly and tightly fastened to said vehicle, free from dents or
mutilation, and shall be so constructed as to allow the full opening
of all doors of the vehicle. The exterior of the vehicle shall be
well maintained and painted and the finish in good condition.
L.
New York State license plates. Village licensing stickers
and any other licensing or inspection identification shall be placed
and maintained in such manner as to be clearly visible and unobstructed
at all times. All Village inspection stickers shall be conspicuously
displayed on the driver's side rear window.
M.
No licensed vehicle shall be equipped with any equipment
that is not reasonably useful or necessary to furnish safe, adequate
and convenient taxicab service to the public. No licensed vehicle
shall utilize exterior floodlights.
N.
It shall be unlawful for any licensed driver of any
licensed vehicle to misrepresent or withhold the name of his employer
or the address or telephone number of the same.
O.
A current list of driver employees shall be maintained
and furnished to the licensing official.
P.
A letter shall be provided to the licensing official
within five business days upon the discharge or termination for any
reason of a driver/employee.
Q.
The transfer of ownership of any vehicle licensed
by the Village shall be promptly reported to the licensing official,
and concurrently, the taxicab license for the use of such vehicle
shall be turned in to the Chief.
R.
Proper vehicle insurance shall be maintained for all
owned or operated taxis in accordance with the New York State Motor
Vehicle Law, and a revocation or cancellation of insurance shall be
reported immediately to the licensing official.
S.
It shall be the duty and obligation of any taxicab
owner or licensee to ensure that such vehicle shall only be operated
by a duly licensed taxicab driver.
T.
Any vehicle utilized as a taxicab in the Village shall
be required to have New-York-State-issued taxicab plates. Upon approval
of a Village-issued taxicab license, the licensee shall be required
to fill out and submit DMV form No. 289 or such other documentation
as may be required for the issuance of taxicab license plates. The
licensing official shall not be required to sign such form until Village
approvals are issued.
A.
Upon meeting the inspection requirements set forth in §§ 98-12 and 98-13 hereof, a taxicab shall be licensed by delivering to the owner thereof a card of such size and form as may be prescribed by the licensing official. The card shall contain the official license number of the taxicab, together with the date of issuance and expiration, the name and address of the vehicle owner and the taxicab company name and address and a statement to the effect that, in case of any complaints, the licensing official shall be notified, giving the license number of the taxicab. Such card shall be signed by the licensing official. The license number assigned hereunder shall, in each case, be the same as that assigned to the vehicle for that year, pursuant to law. Such license card shall be prominently displayed in the taxicab at all times so as to be visible and legible to all passengers riding in the taxicab.
[Amended 11-19-2007 by L.L. No. 4-2007]
B.
Taxicab licenses shall be valid for a period of up
to one year, unless previously suspended or revoked. All licenses
shall be valid from April 1 through March 31 of the succeeding year.
Any licenses issued after April 1 shall only be valid for the balance
of said period or time. No fees shall be prorated.
A.
The annual fee for a taxicab driver's license shall
be $200.
B.
The annual fee for a taxicab license shall be $350.
C.
The annual fee for the inspection of taxicabs shall
be established by the licensing official for each such inspection,
which shall be paid directly to the inspection station.
D.
The replacement fee for a lost or stolen license shall
be $50.
E.
In the event that an application for a taxicab license or taxicab driver's license is made on or after the first day of January and covers a licensing period of three months or less for the remaining licensing year, the application fee shall be reduced by 50% of the fee that would otherwise be applicable. Said refund shall not be applicable to expenses charged under § 98-7. All fees shall be paid at the time of application.
[Amended 11-19-2007 by L.L. No. 4-2007]
F.
In the event that the license is denied, suspended
or revoked, there shall be no entitlement to reimbursement thereof
or proration thereof.
A.
A taxicab owner or driver shall not charge a fare
for taxicab services in excess of the following schedule of rates:
(1)
First passenger from any point having its origin within
the municipal limits of the Village of Mount Kisco to any point having
its destination within the municipal limits of the Village of Mount
Kisco: shall not exceed $5. A surcharge not exceeding $2 may be charged
for fares within the Village for fares that commence between 12:00
midnight and 5:00 a.m. or at any time on Thanksgiving, Christmas Day
and New Year's Day.
[Amended 11-19-2007 by L.L. No. 4-2007]
(2)
Each additional passenger going from the same point
of origin to the same point of destination as the first passenger:
$1. (Up to two children eight years of age or under will ride free
if accompanied by an adult passenger.)
(3)
Baggage. No charge will be made for a suitcase, traveling
bag, shopping bag or other package hand carried by a passenger, provided
such items are limited to a total of three. Additional packages requiring
handling by the taxicab driver shall be carried, provided that the
weight of such package is less than 50 pounds. A charge of $0.25 for
each additional package or packages requiring handling is authorized.
(4)
The soliciting of tips, gratuities or any charges
in addition to those authorized herein is a violation of this chapter.
(5)
Out-of-town trips. If the taxicab is engaged for an out-of-town trip originating or terminating in Mount Kisco, the operator of the taxicab shall agree with the passenger prior to the commencement of the trip on the rate to be charged, which shall include all tolls to be paid. Failure to establish such fare prior to the commencement of the trip shall result in a fare not to exceed the fare set forth in § 98-16A(1).
(6)
Transport of animals. There is no additional charge for carrying a guide dog accompanying a blind person or hearing-handicapped person. No other animal need be transported in a licensed taxicab unless the animal is securely enclosed in a kennel case. A charge is payable at the baggage rate provided in Subsection A(3) of this section.
B.
The licensing official shall issue a rate card to
each taxicab owner, which rate card must be conspicuously posted in
the interior of each taxicab.
The licensing official shall keep a complete
record of all licenses issued and denied under this chapter, together
with all applications, record checks, renewals, suspensions and revocations
thereof.
A.
Every person, while operating a taxi vehicle licensed
pursuant to this chapter:
(1)
Shall not refuse or neglect to convey any orderly
person or persons upon request anywhere in Mount Kisco. No taxicab
driver shall carry any other person than the passenger first employing
a taxicab without the consent of such first passenger.
(2)
Shall keep the interior and exterior of the same in clean and sanitary condition and shall at all times maintain the taxicab in compliance with the requirements of § 98-13 of this chapter.
(3)
Shall examine the interior of the vehicle after the
termination of each trip for any articles left or lost in the vehicle
and immediately take any such property to the desk officer at the
Police Department in compliance with Article 7-B of the Personal Property
Law.
(4)
Shall not smoke at any time. Taxis are to be smoke-free,
subject to a fine of $50 for each violation.
(5)
Shall at all times, while on duty, have displayed
in the interior of the vehicle which he is operating his taxicab driver's
license displayed in a place visible to any passenger in such taxicab,
usually on the passenger visor.
(6)
Shall be required to be neat in dress and appearance
at all times when on duty and, in the event a driver's appearance
changes substantially, provide the licensing official with a new photograph
and shall accompany such photograph with an application fee of $50
for a replacement license.
(7)
Shall report to the police any unlawful act connected
with his vehicle or any attempt to use his vehicle to commit a crime
or escape from the scene of a crime.
(8)
Shall not permit any passenger in the taxicab except
a paying fare during such time as the taxi is being used for business
purposes, except for not more than one driver trainee.
(9)
Shall not operate a taxicab when there is snow or
ice on the pavement unless there are snow tires on the drive wheels.
(10)
Shall state his/her name and employer while
on duty to any passenger or police officer on request.
(11)
Shall not cruise within Mount Kisco seeking
passengers nor make any personal solicitation on any street or other
public place for passengers to ride or hire any particular taxicab.
Taxis shall not stand on any public street or place other than at
or upon a taxicab stand designated by the Village.
B.
No vehicle licensed as a taxicab shall be used for
the carrying of any goods or merchandise of any nature whatsoever
while carrying a fare unless such goods or merchandise is owned by
the fare riding with same.
C.
No vehicle may be licensed as a taxicab in the Village
of Mount Kisco unless same is of the type known commonly as a "four-door
sedan" or is a station wagon or suburban vehicle with at least four
doors. Under no circumstances shall any vehicle be licensed as a taxicab
which has only two doors for the use of occupants, including the driver.
D.
No vehicle shall display commercial advertising, except
for a rooftop sign.
It shall be the duty of all police officers
of the Village of Mount Kisco to enforce the provisions of this chapter.
[Amended 11-19-2007 by L.L. No. 4-2007]
A.
The taxi company name and "Mount Kisco, New York," as well as the company telephone number and the official license number of the taxicab license must be printed on the left side, right side and rear of the vehicle. Magnetic signs or lettering will not satisfy the requirements of this § 98-20.
B.
The logo and identification must contain professional-quality
lettering not less than three inches in height and three inches in
width, with a quarter-inch paint stroke in a color contrasting to
the door color, to be readable during operation when the taxi is likely
to be used,
A.
Any person not having been duly licensed as a taxicab
driver, or any person whose license has been suspended and who, during
the term of suspension, drives for hire a taxicab upon the Mount Kisco
streets, shall, upon conviction, be punished by a fine of not less
than $500 and of not more than $1,000 or imprisonment for a term not
exceeding 10 days, or by both such fine and imprisonment.
B.
Any licensee or owner of a taxicab not licensed, inspected
or equipped in accordance with the provisions of this chapter, or
of a taxicab the license of which has been suspended or revoked, who
engages in the business of a taxicab as defined herein or attempts
to engage in such business or solicits passengers for hire, or any
licensee or owner of a taxicab who permits a taxicab driver not licensed
under this chapter to drive a taxicab, shall, upon conviction, be
punished by a fine of not less than $500 and of not more than $1,000
or imprisonment for a term not exceeding 10 days, or by both such
fine and imprisonment.
C.
Upon conviction of any person for any violation of
a provision of this chapter for which no punishment is specifically
provided, the punishment, upon conviction for such violation, shall
be a fine of not less than $250 and of not more than $500 or imprisonment
for a term not exceeding 10 days, or by both such fine and imprisonment.
D.
Any taxicab driver who operates a vehicle as a taxi
for which no valid taxicab license is in effect shall, upon conviction,
be punished by a fine of not less than $500 and of not more than $1,000
or imprisonment for a term not exceeding 10 days, or by both such
fine and imprisonment.
E.
Each and every day that a violation of this chapter
continues shall constitute a separate and distinct violation of this
chapter.
F.
Suspension and revocation of license. In addition
to the fine or imprisonment, or both, authorized by this chapter,
any licensee (whether a taxicab driver's license or a taxicab license)
shall be subject to the suspension or revocation of his license upon
conviction for any violation of this chapter. Where it is deemed appropriate
to safeguard the health, safety and welfare of the general public,
a Town Justice may suspend or revoke a license granted under any provision
of this chapter, pending or in advance of criminal prosecution of
the licensee.
In the event any provision of this chapter shall
be ruled invalid by a court of competent jurisdiction, the provision
shall be stricken and the remainder of this chapter shall remain in
full force and effect as if said provision was not included herein.
