[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.
Any person who drives a taxicab.
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.
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.
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.
A.
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.
B.
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.
A.
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[1] 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]
[1]
Editor's Note: The fee schedule is on file
in the Village offices.
B.
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.
C.
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.[1]
[1]
Editor's Note: The fee schedule is on file
in the Village offices.
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.
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.
B.
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.
A.
Each applicant for a taxicab driver's license shall
satisfy the following requirements:
(1)
Hold a New York State chauffeur's license.
(2)
Be of the age of 18 or over and a citizen of the United
States or a declarant.
(3)
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.
(4)
Be able to speak, read and write the English language.
(5)
Be clean in dress and not addicted to the use of drugs
or intoxicating liquor.
(6)
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.
B.
Contents of application.
(1)
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:
(a)
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;
(b)
The length of time the applicant has resided
at said address;
(c)
Whether a citizen of the United States and,
if a naturalized citizen, the place and date of securing such citizenship;
(d)
The names and addresses of previous employers
for the past five years;
(e)
Whether single or married;
(f)
All felonies or misdemeanors with which the
applicant has been charged and the disposition of each such charges;
(g)
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;
(h)
All instances in which any such licenses may
have been revoked or suspended and the details thereof;
(i)
The details set forth in the applicant's chauffeur's
license issued by the State of New York; and
(j)
Any other information of similar nature that
may reasonably be required.
(2)
No license shall be issued to a person who has been
convicted of a felony.
C.
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.
D.
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.
[Amended 3-5-2019 by L.L. No. 6-2019]
Each applicant for a taxicab
driver's license shall be fingerprinted by a third-party agency under
contract with the New York State Division of Criminal Justice Services
(DCJS). Applicants shall be responsible for the fingerprinting fee,
the processing fee, and all other associated fingerprinting fees.
The third-party agency will then submit the fingerprints to the DCJS
for a criminal background investigation.
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.
[Amended 3-5-2019 by L.L. No. 6-2019]
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 and § 262-11 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.[1]
[1]
Editor's Note: The fee schedule is on file
in the Village offices.
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.
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.
B.
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.
A.
Owners of taxicabs and taxicab drivers licensed by
the Village shall comply with the following regulations:
(1)
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 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
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; 3-5-2019 by L.L. No. 6-2019]
(2)
No taxicab shall occupy any taxicab stand unless the
taxicab driver is in attendance and ready to accept and transport
passengers.
(3)
No taxicab cruising shall be permitted.
(4)
All taxicabs shall be available for public use during
the morning and evening commuting hours.
(5)
Articles left in taxicabs must be delivered to the
Police Department headquarters promptly after finding any such articles.
(6)
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.
(7)
Taxicabs shall at all times be maintained in a clean,
safe and sanitary condition.
(8)
Every owner shall furnish suitable chains for the
drive wheels, or snow tires, or all-weather tires on each taxicab
owned by him and, if opting to use chains, 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.
[Amended 3-5-2019 by L.L. No. 6-2019]
(9)
All taxicabs shall be kept in good operating condition.
(10)
No taxicab shall remain unattended with the
motor running, and, if left unattended, the motor must be stopped
and brakes applied.
(11)
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.
(12)
No taxicab shall be loaded beyond its rated
capacity, which shall be stated in the license issued for such taxicab.
(13)
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.
(14)
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.
B.
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.
[Amended 3-5-2019 by L.L. No. 6-2019]
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 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.
[Amended 3-5-2019 by L.L. No. 6-2019; 11-2-2021 by L.L. No. 7-2021]
Any person who violates any provision of this chapter shall be punished subject to the penalties prescribed by § 1-14 of the Village Code.
