[HISTORY: Adopted by the Board of Trustees of the Village of Massapequa Park 11-28-2016 by L.L. No. 6-2016. Amendments noted where applicable.]
Towing — See Ch. 314.
Vehicles and traffic — See Ch. 322.
Vending vehicles — See Ch. 330.
Fees — Ch. A350.
Editor's Note: This local law also superseded former Ch. 306, Taxicabs, which was comprised of Art. I, General Provisions, adopted 5-22-1967 as Art. I of Ch. 18 of the 1967 Code, as amended; Art. II, Taxi Franchise Agreements, adopted 1-7-1991 by L.L. No. 1-1991; and Art. III, Solicitation of Business, adopted 12-23-1991 by L.L. No. 7-1991.
Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the meanings given to them by this section:
- OPERATING A TAXICAB SERVICE WITHIN THE VILLAGE OF MASSAPEQUA PARK
- The privilege of operating a taxicab service in the Village shall be awarded to any person or company at a meeting of the Board of Trustees, at which time the financial responsibility of the individual applying for such privilege will be inquired into and the character, reputation and fitness of the applicant to operate such service will be investigated.
- Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint-stock companies, societies and all other entities of any kind capable of being sued.
- Includes any motor vehicle engaged in the business of carrying persons for hire and subject to use by the general public, whether the same is operated from a street stand or subject to calls from a garage, or otherwise operated for hire.
- TAXI COMPANY
- Any person having the authority to exercise control over a taxicab or driver in respect to the general operation or dispatching of the vehicle.
The Village Board of Trustees shall have authority to administer and enforce the provisions of this chapter and to promulgate rules and regulations pursuant to this chapter.
No taxi company shall operate within the Village of Massapequa Park without having first obtained a taxi company license. This restriction shall not prohibit any person from using a taxicab of his or her choice notwithstanding the fact that the taxicab does not operate in the Village.
Applications for licenses shall be made on forms to be furnished by the Village Administrator. Each application shall be submitted to the Board of Trustees of the Village of Massapequa Park, which said Board of Trustees shall approve or disapprove the application in accordance with the terms of this chapter, and no permit shall be issued unless the issuing of same shall be in the best interest of the Village of Massapequa Park, as determined by the Board of Trustees.
No taxicab shall be operated by a taxi company within the Village until approval has been obtained as prescribed under Subsection B of this section.
Upon approval by the Board of Trustees, the Village Administrator shall issue said license, as prescribed herein, as of the first of January, except where applied for after January 1, and then shall issue said permit as of the date of approval of the application, and said license shall expire on the final day of December next succeeding unless sooner suspended or revoked.
In the event that any license hereunder shall fail to conform to all of the rules and regulations made pursuant to this chapter, such license to operate shall be suspended or revoked in the following manner:
A written notice of complaint and hearing shall be served upon the permittee at least seven days prior to the hearing date to be scheduled by the Board of Trustees.
The Board of Trustees shall be empowered to revoke or suspend the license of any licensee pursuant to this section upon its finding that the licensee has failed to conform to all of the rules and regulations made pursuant to this chapter.
Any license issued under this section may be renewed for additional periods of one year from the date of expiration, upon the filing of an application containing all of the information required by the provisions of this chapter for the original application and upon approval of the Board of Trustees pursuant to Subsection B herein.
Applications for permits for taxicabs shall be made by the licensed taxi company obtaining the vehicle to be permitted, on forms to be furnished by the Village Administrator's office. Such application shall contain the full name and address of the owner, the make, serial number and year of manufacture of the taxicab for which the permit is desired, the number of passengers it is capable of carrying, the motor power thereof and such other information as may be required by the Village Administrator.
Each application for a permit, as defined herein, shall be submitted to the Board of Trustees for examination and investigation, and said application shall be approved or disapproved in accordance to the terms of this chapter.
No taxicab shall be operated as such within the Village until approval has been obtained as prescribed under Subsection B of this section.
Upon approval by the Board of Trustees, the Village Administrator shall issue said license, as prescribed herein, as of the first of January, except where applied for after January 1 and then shall issue said license as of the date of approval of the application, and said license shall expire on the final day of December next succeeding unless sooner suspended or revoked.
Any license issued under this section may be renewed for additional periods of one year each from the date of expiration, upon the filing of an application containing all of the information required by the provisions of this chapter for the original application and upon the approval of the Board of Trustees pursuant to Subsection B herein.
No vehicle shall be permitted or have its permit renewed as a taxicab until it has been inspected and approved by an official New York State motor vehicle inspecting station.
The Board of Trustees is hereby authorized and empowered to establish reasonable rules and regulations for the inspection of taxicabs, the standards to determine their condition of fitness and the form of certificate to be issued therefor.
Certificates, in writing, of all inspections shall be promptly filed with the Village Administrator.
In the event that any taxicab shall be certified as unfit or unsuitable for operation in the Village of Massapequa Park, the permit to operate such vehicle shall be revoked or suspended, upon the order of the Board of Trustees being filed with the Village Administrator and notice, in writing, of the revocation or suspension being given to the permittee. Any revocation or suspension made hereunder may be appealed by the permittee to the Board of Trustees by a notice of appeal, in writing, filed with the Village Administrator within 10 days after said revocation or suspension. The Board of Trustees shall hear and decide any appeal within 30 days of filing.
If, upon inspection, a taxicab is found to be of proper construction and in proper condition, as described herein, and a certificate has been issued, upon payment of the permit fees hereafter set forth, the same shall be permitted by delivering to the applicant a card which shall contain the official permit number of the taxicab, together with the date of the permit. Such card shall be signed by the Village Administrator and shall be displayed permanently in the taxicab.
Failure of the taxicab to display a permit card when required shall be presumptive evidence that said vehicle is not, in fact, permitted.
Every driver operating a taxicab within the Village of Massapequa Park must be permitted by the Village of Massapequa Park as a taxicab driver.
Application for a permit as a taxicab driver shall be made on forms to be furnished by the Village Administration Office.
Every applicant for a taxicab permit shall satisfactorily meet or comply with the following conditions:
Be of sound physique, with good eyesight and not subject to epilepsy, vertigo, heart trouble or any other infirmity of the body or mind which might render him unfit for the safe operation of a taxicab.
Be able to read and write the English language.
Be clean in dress and not addicted to the use of intoxicating liquor or narcotics.
Shall not have a previous conviction of a felony or misdemeanor, except that this requirement may be waived at the discretion of the Village Board of Trustees.
Shall file with the Village Administrator a sworn application containing the information required herein and any other information that may be required.
Shall submit to fingerprinting and police examination as required.
Shall be duly licensed by the State of New York to drive passenger vehicles for hire, as evidenced by a proper license issued by the Department of Motor Vehicles of the State of New York.
In the event that any of the statements made on the application, as aforesaid, shall be false, then any permit issued pursuant to the said application shall be suspended or revoked.
All taxicab driver applications shall be accompanied by a letter from the authorized taxicab company.
In addition to any other requirements provided for in this section or in this chapter, it shall be required that every person making application for a permit as a driver, as provided herein, must submit a current doctor's certificate attesting to his physical ability to operate a motor vehicle in the State of New York.
A driver's permit shall be issued as of January 1, except where applied for after January 1, and then said permit shall issue as of the date of approval of the application.
All driver's permits expire on the last day of December unless sooner suspended or revoked, provided that a permit issued in December shall expire on December 31 of the year following the year in which the permit is granted provided further that the permit shall not expire until January 31 if an applicant has filed for renewal prior to January 31.
Any permit issued under this section may be renewed on or before January 31 for an additional year from the date of expiration, upon the filing of an application containing all of the information required by the provisions of this chapter for the original application and paying a renewal fee which shall be set from time to time by resolution of the Board of Trustees.
In the event that any permit hereunder shall fail to conform to all of the rules and regulations made pursuant to this chapter, the Board of Trustees may request that the permit to operate be revoked in the following manner:
A written notice of complaint and hearing shall be served upon the permittee at least seven days prior to a hearing date scheduled by the Board of Trustees.
Upon the hearing, the Village Administration Office shall present to the Board of Trustees the facts and circumstances of the violation and the permittee shall have full opportunity to be heard.
The Board of Trustees shall be empowered to revoke or suspend the permit of any permittee pursuant to this section upon its findings that the permittee has failed to conform to all of the rules and regulations made pursuant to this chapter.
Fees for the following items shall be paid to the Village Administrator; said fees shall be set from time to time by resolution of the Board of Trustees, with a schedule of such fees to be maintained by the Village Administrator.
For each taxi company license: annual renewal or renewal after revocation or suspension.
For each taxicab: an amount for each fiscal year or any part thereof, except that in the event that a permit shall be applied for to permit a vehicle which shall replace an existing permitted vehicle, there shall be a fee for such replacement permit.
For each taxicab driver's permit: an amount for each fiscal year or any portion thereof.
The Village Administrator shall keep a record of the name and address of each person owning or operating a vehicle permitted under this chapter, together with the permit number, the description and the serial number of each vehicle, with the date and complete details of the inspection made of it. Such records shall be open to the inspection of the public at all reasonable times and shall be public records.
There shall be kept in the office of the Village Administrator a complete record of each permit issued to a driver and all renewals, suspensions and revocations thereof, which records shall be open for inspection by the public at all reasonable times and shall be public records.
The Village Administrator of the Village is hereby authorized to locate, designate and control the number of taxicabs that shall be allowed to stand at any location designated by the Village Board of Trustees as a public taxicab stand. Only permitted taxicabs, in such manner as the Village Administrator shall designate, may remain at a stand while waiting for employment, and such taxicabs shall be pointed in such direction as shall conform to traffic regulations.
Every taxicab is required to go to any part of the Village at the call of any patron and upon tender of the fare at the proper time in the amount provided herein. Refusal of a driver to accept a patron on the grounds that his taxi is not going in the direction requested will be considered a violation of this rule. This rule is subject to modifications only as provided in Subsection B of this section.
For the convenience of patrons arriving on incoming trains, the direction (east, west, north or south) requested by the first patron to board a taxicab in the Long Island Rail Road Depot area will determine the direction to be taken by the taxicab. As nearly as practicable, patrons are to be taken to their destination in the order of their entering the taxicab.
Upon request for taxicab service by telephone to a taxicab office or by any other means of communication, the person receiving the call shall, upon request, identify himself and the company, giving the names of both. If no taxicab is available, the patron must be notified to that effect.
Patrons are not to be coerced, cajoled or threatened in selection of a taxicab they wish to patronize by any taxicab operator, owner or representative; nor shall any taxicab operator be discourteous to persons while they are passengers in such taxicab or while they are seeking transportation.
Taxicab operators are forbidden to demand or suggest that any passenger pay more than the established rate for transportation to his destination.
No special service of favoritism in treatment is to be given to any person or passenger at the inconvenience of another.
Regulations for drivers.
No taxicab driver shall sit in the passenger compartment of a public taxicab, nor permit anyone who is not a passenger to do so while on a public taxicab stand.
Every taxicab driver shall be in immediate calling distance from his taxicab and shall have his taxicab under visual surveillance at all times while the taxicab is on a public taxicab stand.
If a taxicab driver is forced to leave his taxicab for any reason whatsoever, he shall remove, or cause to be removed, his taxicab from the public taxicab stand, and any other permitted taxicab may then move into the space then vacated.
No taxicab driver shall leave the doors of his taxicab open while such taxicab is on a public taxicab stand, except for the purpose of taking on and discharging passengers.
Any permitted taxicab driver has the right to stop and take his position on any taxicab stand where there is a vacancy.
Overcrowding or "crashing" in a public taxicab stand will not be permitted.
There shall be no more than one passenger in the front compartment of any taxicab.
A taxicab driver shall notify the Village Administrator of any change of address or the loss of his taxicab driver's permit within 48 hours after such change of address or loss of his taxicab driver's permit.
No taxicab company license shall be issued and no taxicab company shall operate in the Village of Massapequa Park unless a regular place of business is maintained within a business district of the Village for the dispatching of the taxicabs by the company.
No taxicabs shall be dispatched from a location in any residential-zoned area of the Village, and no taxicabs shall be stored or parked in any residential-zoned area of the Village, except to pick up or discharge passengers. In the event that a taxicab is disabled, it must be removed from the public streets as soon as practicable, but in no event shall a disabled taxicab remain on a public street or in a public parking area for more than 12 hours.
There shall be posted conspicuously and permanently over the glove compartment the taxicab permit and the taxicab driver permit.
The schedule of fares shall be conspicuously posted in the interior of the taxicab.
The name and telephone number of the taxicab company operating the vehicle shall be prominently displayed on the exterior of the vehicle on each front door, and the taxicab permit number shall be prominently displayed on the rear of the vehicle.
In accordance with § 181 of the General Municipal Law of the State of New York, the number of taxicab permits to be issued under this chapter is hereby limited to 10. Application for renewal shall be filed not less than 15 days nor more than 30 days prior to the expiration of the license. The Board of Trustees may, from time to time, by resolution, grant additional permits considering the needs of the community.
The rate of fare which shall be charged by taxicab operators for transportation of passengers within the Incorporated Village of Massapequa Park shall be set by resolution duly adopted by the Board of Trustees of the Incorporated Village of Massapequa Park and entered in its minutes
Nothing herein contained shall be deemed to modify or affect the fares charged by taxicab operators for transportation of senior citizens, i.e., persons over the age of 65 years, pursuant to a program subsidizing the transportation of senior citizens and implemented by resolution of the Board of Trustees now or hereafter adopted.
It shall be unlawful to charge or attempt to charge any person a greater rate of fare than that which the taxicab is entitled to under the provisions of this chapter.
Besides the penalties provided for violation of any section of this chapter for which a specific penalty is designated, the holder of any license or permit hereunder, upon conviction for any violation of this chapter, shall be subject to suspension or revocation of his license or permit, upon the order of the Village Administrator being filed with the Village Administrator and notice, in writing, of the revocation or suspension being given to the licensee or permittee. Any revocation or suspension made hereunder may be appealed by the licensee or permittee to the Board of Trustees by a notice of appeal, in writing, filed with the Village Administrator within 10 days after said revocation or suspension. The Board of Trustees shall hear and decide any appeal within 30 days of filing.
In case the person violating any provision of this chapter is a corporation, the officer, agent or employee thereof who shall violate or procure, aid or abet any violation of any of the provisions of this chapter or permit the operation of any taxicab or vehicle for hire contrary to the requirements thereof shall be subject to the same penalties as if he himself were personally operating such vehicle at the time such violations were committed.
This chapter shall be known and may be cited as the "Taxicab Local Law of the Incorporated Village of Massapequa Park."
Any person who shall violate the rate posting provisions of § 503-13A shall be punishable as provided in General Business Law § 396-p. Any person who shall violate any other provision of this chapter shall, upon conviction, be subject to a maximum fine of $250 or a maximum term of imprisonment of 15 days, or both, for each offense, and to the suspension or revocation of any permit hereunder held by him.