[HISTORY: Adopted by the Board of Trustees of the Village of Hastings-on-Hudson 6-17-1997 by L.L. No. 5-1997. Amendments noted where applicable.]
Unless otherwise expressly stated, whenever used in this chapter the following words shall have the meaning indicated below:
- The chief elected official of the Village of Hastings-on-Hudson or his authorized designee.
- Any person owning or having control of the use of one or more taxicabs used for hire regularly upon the streets of the Village of Hastings-on-Hudson.
- Any motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of fewer than 10 persons and not operated on a fixed route.
- TAXICAB DRIVER
- Any person who drives a taxicab.
- TAXICAB DRIVER'S LICENSE
- Written permission granted by the Village as provided in this chapter to any individual to drive a licensed taxicab upon the streets of such Village.
- TAXICAB LICENSE
- Written permission granted by the Village as provided in this chapter to any person to operate a specified taxicab for hire upon the streets of the Village.
- TAXICAB STAND
- Any public place alongside the curb of a street or elsewhere in the Village which is exclusively reserved for the use of taxicabs.
- The Village of Hastings-on-Hudson, New York.
No person, operator or owner shall operate or permit a taxicab owned or controlled by such person to be operated regularly for hire upon the streets of the Village unless a taxicab license under the provisions of this chapter has first been obtained for the taxicab and is then in force. Such license shall be issued as of the first day of January each year and shall expire on the following December 31, unless sooner suspended or revoked.
In recognition of the fact that it is necessary to provide for adequate service, the Board of Trustees shall determine the number of taxicab licenses to be issued. Such determination shall be based on the population of the Village, the number of persons boarding trains and arriving by trains at the Village railroad stations and the general need for taxicab service in the Village. When, in any year, the number of applications for such licenses shall exceed the number authorized by the Board of Trustees, the Chief of Police shall determine which applicants shall be licensed, such determination being made on the previous record, if any, of the applicants with respect to conditions of vehicles, observance of laws affecting their operation, character of service, if any, rendered by each applicant and the number of years that the licensees shall have continuously rendered safe and adequate taxicab service in the Village. The determination of the Chief of Police with respect to each application shall be subject to review by the Board of Trustees upon application, in writing, made by the prospective licensee within 10 days of notice received by him, in writing, signed by the Chief of Police disapproving the license application.
Application for a taxicab license shall be made by the owner of the taxicab upon a form supplied by the Chief of Police, which shall contain such information as the Board of Trustees shall require. Each such application shall be presented to and filed with the Village Clerk.
No taxicab shall be licensed hereunder until it has been thoroughly inspected by a competent mechanic designated by the Chief of Police to conduct such examination, certified by such mechanic, in writing, to be in thoroughly safe condition for the transportation of passengers and also found to be clean, fit and of good appearance. A fee to be determined by the Village Board by resolution and set in the fee schedule shall be paid for each vehicle inspected by the applicant for the license. The report of such inspection shall be filed with the Chief of Police before a taxicab license is issued.
[Amended 9-21-1999 by L.L. No. 4-1999]
After a taxicab license has been issued for a particular taxicab, the Chief of Police may at any time inspect such taxicab or cause it to be inspected by a competent mechanic. Any such inspection may be made on the initiative of the Chief of Police or upon written or oral complaint by any person. A report of each such inspection shall be kept on file by the Chief of Police in his office.
All taxicabs inspected shall meet mechanical and emissions standards of the New York State Department of Motor Vehicles inspection regulations.
[Amended 9-21-1999 by L.L. No. 4-1999]
For the issuance of a taxicab license, whether for one year or a portion thereof, the license fee shall be as determined by the Village Board by resolution and set in the fee schedule.
After passing the examination provided for in § 262-4 of this chapter, and upon recommendation and advice of the Chief of Police, a taxicab shall be licensed by delivering to the owner a license issued and signed by the Mayor indicating payment of the required fee, which license shall at all times be kept in the taxicab for which it was issued. The license shall be in the form of a card issued to the owner of the taxicab containing the name and address of the licensee, the expiration date of the license and the signature of the Mayor and impressed with the seal of the Village. The license and taxi inspection certificate must be posted conspicuously on the dashboard. If a license or inspection certificate shall be defaced or changed in any respect, the licensee shall report this fact immediately to the Chief of Police, who may thereupon cancel the old license, which shall be surrendered by the licensee, and issue a new license and inspection certificate in the form prescribed in this section.
A taxicab license may be revoked or suspended at any time for cause by the Board of Trustees after a hearing. Any such suspension shall be for such period as such Board shall prescribe. In addition to any other existing grounds for the revocation or suspension of taxicab license, such Board may revoke or suspend such license if it finds that such taxicab has been used by the owner thereof or by any agent or employee of the owner for any illegal business or purpose or in any respect in violation of any of the provisions of this chapter or that any statement in the application is false. If the license is suspended or revoked, it shall be surrendered to and be retained by the Chief of Police and, in case of suspension, shall be returned to the owner after the expiration of the suspension period.
If the Chief of Police shall at any time determine, after an inspection as provided for in § 262-4B of this chapter, that a taxicab licensed under the provisions of this chapter is unsafe, unsatisfactory for the transport of passengers, unclean or not of good appearance, he may temporarily suspend the license of such taxicab for a period not exceeding 30 days or until the next meeting of the Board of Trustees, whichever is the shorter period. The license may be revoked or suspended or continued by the Board of Trustees.
No person shall drive a taxicab regularly for hire upon the streets of the Village and no person who owns or controls a taxicab shall permit it to be so driven and no taxicab licensed by the Village shall be so driven at any time for hire unless the driver of such taxicab shall have first obtained and shall have then in force a taxicab driver's license or a temporary license issued under the provisions of this chapter.
Each applicant for a taxicab driver's license shall satisfy the following requirements:
Hold a New York State chauffeur's license.
Be of the age of 18 or over and a citizen of the United States or a declarant.
Be of sound physique, with good eyesight and not subject to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might render such applicant unfit for the safe operation of a motor vehicle.
Be able to speak, read and write the English language.
Be clean in dress and not addicted to the use of drugs or intoxicating liquor.
Produce, on forms to be provided by the Chief of Police, driving and any conviction records, affidavits of the applicant's good character from two responsible citizens of the Village and a recommendation to the applicant's good character from the applicant's last employer, unless, in the opinion of the Chief of Police, sufficient reason is given for the omission of such affidavits or recommendation.
Contents of application.
Each application for a taxicab driver's license must be filed with the Chief of Police and must be accompanied by the required license fee. Such application shall be on a form provided by the Chief of Police and must be sworn to before a notary public and contain, among other things, the following information:
The applicant's full name, residence, place of residence for five years previous to the applicant's present address, date and place of birth, color, height and color of eyes and hair;
The length of time the applicant has resided at said address;
Whether a citizen of the United States and, if a naturalized citizen, the place and date of securing such citizenship;
The names and addresses of previous employers for the past five years;
Whether single or married;
All felonies or misdemeanors with which the applicant has been charged and the disposition of each such charges;
What, if any, taxicab driver's licenses or chauffeur's licenses issued by any state, municipality or other public authority have previously been held by the applicant;
All instances in which any such licenses may have been revoked or suspended and the details thereof;
The details set forth in the applicant's chauffeur's license issued by the State of New York; and
Any other information of similar nature that may reasonably be required.
No license shall be issued to a person who has been convicted of a felony.
If the Chief of Police so requires, the applicant shall furnish a physician's certificate as to the applicant's physical condition showing that the applicant is free of any infirmity of body or mind which might render the applicant unfit for the safe operation of a motor vehicle.
Each applicant shall be examined by a person designated by the Chief of Police as to the applicant's knowledge of the provisions of this chapter, the traffic regulations and the geography of the Village. If the Chief of Police determines that the result of the examination is unsatisfactory or if any statement of the applicant in the application is determined to be false or if the applicant's physical or mental condition is such that, in the opinion of the Chief of Police, it would be unsafe for the applicant to operate a taxicab in the Village or if, in the opinion of the Chief of Police, based upon the facts set forth in the application and supporting affidavits and examination, the applicant is for any reason deemed not to be a proper person to drive a taxicab in the Village, the Chief of Police shall make a written report of his findings and his recommendation to the Board of Trustees, which, in its discretion, may deny such application.
Each applicant for a taxicab driver's license must file three two-inch-by-two-inch photographs of the applicant, in such pose as the Chief of Police may direct, taken within 30 days preceding the filing of application. One photograph shall be attached to the application and one to the license when issued. One photograph shall be filed with each application for renewal of a taxicab driver's license, which shall be attached to the renewal license is denied, two of the photographs shall be returned to the applicant by the Chief of Police.
Each applicant for a taxicab driver's license shall file impressions of the fingers of the right and left hand on forms furnished by the Chief of Police under the supervision of such Police Officer as may be designated by the Chief of Police. No license shall be issued under the provisions of this chapter until the Chief of Police has filed a written report with the Board of Trustees stating the results of the investigation and examination of the fingerprint impressions; provided, however, that during the period required for the Chief of Police to complete the investigation and to file his written report, a temporary license signed by the Mayor may be issued.
If the applicant satisfactorily meets the foregoing requirements for the issuance of a taxicab driver's license and if the Mayor deems the applicant to be fit and proper to drive a taxicab in the Village, the Mayor shall issue to the applicant a taxicab driver's license over his signature showing receipt by him of the license fee.
The form, size and content of the taxicab driver's license shall be prescribed by the Chief of Police and shall contain a photograph and a signature of the licensee and blank spaces upon which a record of any arrest. A portion of the photograph on each license shall be impressed with the seal of the Village. All licenses shall be numbered in the order in which they are issued and shall contain the name and place of residence of the licensee and the dates of issuance and expiration of the license. No licensee shall deface, remove, change or obliterate any official entry made upon said license in any respect whatsoever; and if such official license card shall be defaced, obliterated or changed in any respect, the licensee shall report the same immediately to the Chief of Police, who may issue a new official license and cancel the old license surrendered by the licensee.
A taxicab driver's license shall be dated as of the first day of January and shall expire on the following 31st day of December, unless suspended or revoked prior to the expiration of such period.
The Mayor, upon payment of the fee prescribed for renewal, may renew a taxicab driver's license from year to year by appropriate endorsement thereon, subject to the same requirements for the issuance of such license as are provided in § 262-9 of this chapter. A taxicab driver, in applying for a renewal of such license, shall make such application not less than 30 days next preceding its expiration, upon a form to be supplied by the Chief of Police and containing such information as the Chief of Police may require.
[Amended 9-21-1999 by L.L. No. 4-1999]
Fees for the issuance, renewal or replacement of a taxicab driver's license shall be determined by the Village Board by resolution and set in the fee schedule.
Upon refusal to grant a taxicab license or a taxicab driver's license, an applicant may appeal to the Board of Trustees by filing a written notice with the Village Manager within 14 days from the date notice of such refusal, signed by the Chief of Police, is mailed to the applicant.
The Chief of Police shall keep a record of all taxicab licenses and taxicab driver's licenses issued pursuant to the terms of this chapter and of the amount of fee paid therefor. The Chief of Police shall cause to be kept, in the office of the Police Department, copies of applications for licenses of all licensed taxicabs and taxicab drivers and any other related information.
A taxicab driver's license or temporary license may be revoked or suspended at any time for cause by the Board of Trustees after a hearing. Any such suspension shall be for such period as the Board of Trustees shall prescribe. In addition to any other existing grounds for the revocation or suspension of such taxicab driver's license, the Board may revoke or suspend such license if it finds that the holder thereof has violated any of the provisions of this chapter. If the license or temporary license of the taxicab driver is revoked or suspended after such hearing, such driver shall immediately surrender such license; and, if the license is revoked, it shall be surrendered to the Chief of Police without rebate of the fee paid therefor. A taxicab driver whose license has been revoked under the provisions of this chapter shall again be licensed only upon approval of the Board of Trustees.
If the Chief of Police shall at any time determine that the physical or mental condition of a licensed taxicab driver is such that said driver is not capable of operating with safety a taxicab upon the streets of the Village, he may suspend the license of such taxicab driver.
Owners of taxicabs and taxicab drivers licensed by the Village shall comply with the following regulations:
All persons engaged in the taxicab business in the Village, operating under the provisions of this chapter, shall render service to the public desiring to use taxicabs. Holders of taxicab licenses shall maintain a central place of business, which shall be open to the public for business between the hours of 6:30 a.m. and 2:00 a.m. every day, for the purpose of receiving calls and dispatching cabs. They shall answer all calls received by them for services inside the corporate limits of the Village as soon as they can do so; if such services cannot be rendered within a reasonable time, they shall then notify the prospective passengers how long it will be before the call can be answered and give the reason therefor. Any holder of a taxicab license who shall refuse to accept a call anywhere in the corporate limits of the Village at any time between the hours of 6:30 a.m. and 2:00 a.m. when such holder has available cabs, or who shall fail or refuse to give overall service, shall be deemed a violator of this chapter and the license granted to such holder shall be revoked at the discretion of the Board of Trustees.
[Amended 6-17-2008 by L.L. No. 19-2008]
No taxicab shall occupy any taxicab stand unless the taxicab driver is in attendance and ready to accept and transport passengers.
No taxicab cruising shall be permitted.
All taxicabs shall be available for public use during the morning and evening commuting hours.
Articles left in taxicabs must be delivered to the Police Department headquarters promptly after finding any such articles.
Taxicabs shall not have installed therein or use any unusual horn or other sounding device or any noisier horn or sounding device than on ordinary private passenger cars and shall not sound their horns unnecessarily.
Taxicabs shall at all times be maintained in a clean, safe and sanitary condition.
Every owner shall furnish suitable chains for the drive wheels of each taxicab owned by him and the driver of each taxicab shall use these chains on such wheels whenever snow or ice conditions make it advisable to do so or at the direction of a law enforcement official.
All taxicabs shall be kept in good operating condition.
No taxicab shall remain unattended with the motor running, and, if left unattended, the motor must be stopped and brakes applied.
No gasoline shall be carried, except in the regular gasoline tank of the taxicab. Each taxicab must be equipped with windshield wipers, at least two rearview mirrors and suitable rear and front bumpers. No taxicab shall be fueled while containing passengers or when the engine is running, and the interior must be kept free of smoke, fumes and gases.
No taxicab shall be loaded beyond its rated capacity, which shall be stated in the license issued for such taxicab.
Taxicab drivers in the course of their business shall conduct themselves at all times in an orderly manner and shall not use offensive, disorderly, threatening, abusive or insulting language. They shall not solicit passengers unduly or in a noisy manner and shall refrain from acting in such a way as to annoy, disturb, interfere with, obstruct or be offensive to prospective or actual passengers or other drivers or other persons. Taxicab drivers may stand and solicit passengers only in such place or places as may be designated by the Chief of Police.
All taxicabs will meet mechanical and emissions standards of the New York State Department of Motor Vehicles Motor Vehicle Inspection Regulations, as well as requirements of the New York State Vehicle and Traffic Law.
In the event of a violation of any of the subsections of this section, the Chief of Police may temporarily suspend the license of any taxicab or taxicab driver for a period not to exceed 30 days or until the next meeting of the Board of Trustees, whichever is the shorter period, and thereupon such license may be revoked, suspended or continued by the Board of Trustees.
The Board of Trustees is hereby authorized to establish taxicab stands upon the streets of the Village in such places as, in its discretion, it deems proper and is authorized to permit a holder of a taxicab license to install a telephone call box in a place alongside the taxicab stand for the convenience of passengers.
Every owner of a taxicab license shall post the rates to be charged for taxicab use in the Village, including local, long distance and airport trips, with the Village Manager and the Chief of Police not less than 30 days before the effective date of such rates.
Violation of any provision of this chapter shall be a violation and may be punishable by a fine of not less than $150 or imprisonment not exceeding 15 days, or both by such fine and imprisonment.