[HISTORY: Adopted by the Common Council of
the City of Middletown 2-20-1996 (Ch. 107 of the 1971 Code), as amended through 8-11-2003. Subsequent
amendments noted where applicable.]
Unless otherwise expressly stated, whenever
used in this chapter, the following words shall have the meanings
given to them by this section:
Includes permission granted by the City of Middletown to
any person to drive upon the streets of such City any licensed taxicab.
The price charged to transport a person.
The metal plate, not exceeding six inches in diameter, which
shall bear the taxicab license number of the vehicle.
Includes any person owning or having control of the use of
one or more taxicabs used for hire upon the streets of the City of
Middletown or engaged in the business of operating a taxicab.
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 a card on which is printed the tariff rates in the
City of Middletown, provided by this chapter.
Includes any street, alley, avenue, court, bridge, lane,
or public place in the City of Middletown.
Includes any motor vehicle engaged in the business of carrying
persons for hire, whether the same is operated from a street stand
or subject to calls from a garage or otherwise operated for hire.
However, "taxicab" does not include vehicles subject to the provisions
of the New York Transportation Law, or vehicles used by undertakers
in carrying on their business, vehicles used in wedding processions
or parades, or ambulances (as that term is defined in § 100-b
of the New York Vehicle and Traffic Law).
Any person who drives a taxicab, whether such person is the
owner of such taxicab or employed by a taxicab owner or operator.
Includes permission granted by the City of Middletown to
any person to operate or keep for hire any taxicab in such City.
Includes any place alongside the curb of a street or elsewhere
which is exclusively reserved by the Common Council for the use of
taxicabs.
A.
No person shall keep, use, operate or drive a taxicab
within the corporate limits of the City of Middletown without first
having obtained a license from the City Clerk of the City of Middletown
which indicates such person has complied with the terms and conditions
herein provided and has paid the fee therefor. For purposes of this
chapter, the words “use, operate or drive,” either individually
or taken together, shall be deemed to mean the pickup or solicitation
of passengers within the City limits of the City of Middletown.
[Amended 1-7-2008]
B.
No person owning or leasing a taxicab shall allow
any person to use, operate or drive said vehicle within the corporate
limits of the City of Middletown unless said person is duly licensed
by the City of Middletown as a taxi driver and said license is displayed
conspicuously within the vehicle.
C.
Taxicabs shall be color coded, one color per company.
The colors shall be approved by the Chief of Police or his designated
agent.
D.
All taxicab drivers must wear suitable "business casual"
attire while driving taxicabs. Tank tops and cutoff pants or shirts
are prohibited. Taxicab drivers shall not smoke while driving taxicabs.
E.
The interior of each taxicab shall be kept clean and
sanitary and thoroughly cleaned when necessary, but no less than once
each day.
F.
All holders of taxicab licenses must keep and maintain
taxi logs for each vehicle for a period of one year. The log shall
be on a form to be provided by the Police Department and must include
the date, time, and place of passenger pick-up, and place where the
passenger exits the taxi.
[Added 11-13-2007]
No person shall use, operate or drive a taxicab
and no person shall permit anyone to drive a taxicab within the limits
of the City of Middletown without such driver having first obtained
and paid for and having in force and effect a driver's license under
the provisions of this chapter.
Every driver of a taxicab who uses, operates
or drives a taxicab within the corporate limits of the City of Middletown
must possess a valid City of Middletown taxi driver's license. Each
applicant for a driver's license must comply with the following to
the satisfaction of the Chief of Police:
A.
Possess a New York State Class E license or CDL license
with passenger endorsement.
[Amended 4-23-2007 by L.L. No. 1-2007]
B.
Forbearance of any addiction or use of alcoholic beverages
or any controlled substance, as the same is defined and referred to
in the Penal Law of the State of New York, which would impair the
applicant's ability to safely drive a taxicab.
C.
Produce, on forms to be provided by the City Clerk,
affidavits of good character from two reputable citizens of the City
of Middletown who have known him personally and have observed his
conduct for at least one year next preceding the date of his application
and a further testimonial on a form provided for that purpose from
his employer, unless, in the opinion of the Chief of Police, sufficient
reason is given for its omission.
[Amended 1-7-2008]
D.
Fill out, upon a blank form to be provided by the
City Clerk, a statement giving his full name, residence, places of
residence for five years previous to moving to his present address,
age, height, color of eyes and hair, place of birth, whether a citizen
of the United States, places of previous employment, whether he has
ever been arrested or convicted of a felony or misdemeanor, whether
he has ever been convicted of a traffic infraction, whether he has
been previously licensed as a driver or chauffeur and if so whether
his license has ever been suspended or revoked and for what cause,
and the number of the chauffeur's license issued by the state, which
statement shall be signed and sworn to by the applicant and filed
with the Clerk as a permanent record. Any false statements by the
applicant for a driver's license shall be promptly reported by the
Chief of Police to the District Attorney of Orange County. The Chief
of Police is hereby authorized and empowered to require such additional
information as he may deem necessary. The applicant shall acknowledge
and consent on the application to a review by the Chief of Police,
or his designated agent, of a background request through fingerprints
of the criminal records of the Division of Criminal Justice Services
of the State of New York then existing with respect to the applicant,
and the applicant shall pay any fee required therefor upon submission
of the application.
[Amended 1-7-2008]
E.
Be of the age of 18 years of age and be clean in dress
and person.
Each applicant for a driver's license shall
be examined by the Chief of Police, or some person designated by him,
as to his knowledge of the provisions of this chapter, the traffic
regulations of the City, the motor vehicle and general highway traffic
laws of the state, and the geography of the City, and if the results
of the examination are unsatisfactory, he shall be refused a license.
Each such applicant must, if required by the Chief of Police, demonstrate
his skill and ability safely to handle his vehicle by driving it through
a crowded section of the City, accompanied by the Chief of Police
or some person designated by such licensing official.
[Amended 1-26-2004 by L.L. No. 1-2004]
A.
Each applicant shall submit to digital fingerprinting
by the company designated by the Chief of Police, and the applicant
shall be responsible for the fingerprint fee. The applicant shall
attach a copy of the receipt of the fingerprint submission along with
the completed application to the City of Middletown Police Department.
[Amended 11-13-2007; 2-4-2020]
B.
The Chief of Police shall cause an investigation to
be made relative to the character and criminal record, if any, of
the applicant. No license shall be issued under the provisions of
this chapter by the Clerk until the receipt in writing from the Chief
of Police indicating whether the applicant may be approved; provided,
however, that a temporary license may be issued pending such investigation,
not to exceed 20 days. No license shall be issued to a person who
has been convicted of a felony if the Chief of Police determines,
in accordance with Article 23-A of the New York State Correction Law,
that:
[Amended 1-7-2008; 2-4-2020]
C.
The applicant shall make an appointment with the City of Middletown
Police Department to have his/her picture taken.
[Added 2-4-2020]
A.
All applications for drivers' licenses must be in
writing and approved by the Chief of Police or his designated agent. When
the application has been approved and the applicant has filed his
or her photographs and fingerprints with the Chief of Police, the
City of Middletown Police Department shall issue such license. The
Chief of Police or his designated agent may refuse to approve such
application if the applicant is not a fit and proper person to be
licensed. In determining whether or not an applicant is a fit and
proper person to be licensed, consideration shall be placed upon,
but not limited to, the answers given by the applicant upon his or
her application, the applicant's record as an operator or chauffeur
of motor vehicles obtained from the State Motor Vehicle Department,
and the applicant's criminal record. Should the Chief of Police or
his designated agent deny such application, notice of denial and reason(s)
therefor shall be served upon the applicant.
[Amended 1-7-2008; 2-4-2020]
B.
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 signature of the licensee
and blank spaces upon which a record may be made of any arrest of
or serious complaint against him. Each license shall be signed by
the Chief of Police. All licenses shall be numbered in the order in
which they are issued and shall contain the driver's name and the
expiration date of the license. Any licensee who defaces, removes
or obliterates any official entry made upon his license shall be punished
by the revocation of his license. Such license shall be placed in
a plaque the size of four inches by six inches and shall at all times,
when the driver is operating the car for hire, be attached inside
the cab in a position readily visible to the passengers of said cab.
No temporary permit shall be issued except when an extraordinary public
emergency arises affecting transportation of the public upon the streets
within the City. Such temporary permits, when issued, shall be upon
such terms and conditions as the Chief of Police shall provide, but
such temporary permit shall in no event be granted for a longer period
than 20 days and may be renewable for similar periods from time to
time as may be necessary only upon the written recommendation of the
Chief of Police made to the Common Council and approved by it. The
fee for such temporary permits shall be $50. Such license or permit
shall be carried by the licensee at all times when operating or in
charge of any taxicab.
[Amended 7-17-2018; 2-4-2020]
[Amended 4-23-2007 by L.L. No. 1-2007; 1-7-2008]
A driver, in applying for a renewal of his license, shall make such application not less than 30 days next preceding its expiration upon a form to be furnished by the City Clerk titled "Application for Renewal of License" which shall be filled out with the full name and address of the applicant, together with a statement of the date upon which his original license was granted and the number thereof and such other information as the licensing official may deem necessary. All applicants for renewals must provide the photographs and fingerprint impressions required by § 433-6 of this chapter.
A.
The license fee per biennial for drivers’ licenses
shall be $100 and for each biennial renewal thereof $100.
[Amended 7-17-2018; 2-4-2020]
B.
All drivers' licenses issued under the provisions
of this chapter shall not be transferable.
C.
The fee for duplicating a lost or destroyed driver's
license shall be $10 and it shall be marked "duplicate."[1]
[1]
Editor's Note: Former Subsection D, which required that applicants
for new and renewal taxi licenses submit a separate check to New York
State for the cost of the required background check, as amended, and
which immediately followed this subsection, was repealed 2-4-2020.
A.
Investigation. The Chief of Police or his designated
agent may conduct an investigation into any complaints involving taxicab
drivers. Such investigation may include, but is not limited to, review
of records and accompanying drivers during working hours.
B.
Power to suspend or revoke. The Chief of Police or his designated agent may revoke or suspend any outstanding license for a violation of this chapter or any other statute or ordinance or for any conduct involving an unreasonable risk to the safety or welfare of specific individuals or the general public pursuant to Subsection D. Notice of suspension or revocation of the license and the reason(s) therefor shall be served by the Chief of Police or his designated agent upon the person named in the license or by mailing the same to the address given in the license, whereupon a copy of such notice shall be filed in the Clerk's office with an affidavit of service or mailing. When a license shall be revoked, no refund of any unearned portion of the license fee shall be made. ("License" as used herein shall mean a vehicle and/or driver's license issued by the City of Middletown in accordance with this chapter.)
[Amended 1-7-2008]
C.
Term of suspension. A suspension of a license by the
Chief of Police or his designated agent shall be effective for 30
days, running from the date of notification upon the license holder.
D.
Grounds for suspension and revocation. No license
issued under this chapter shall be suspended or revoked without cause.
Cause shall include, but shall not be limited to:
(1)
Suspensions:
(a)
Failure to properly maintain vehicle and/or
equipment, both physically and/or mechanically, pursuant to the requirements
of this chapter.
(b)
Arrest of a licensee for a felony or misdemeanor
allegedly committed by the licensee if the Chief of Police determines
that there is a direct relationship between the arrest and the duties
and obligations inherent to a taxi license or that the continuation
of the license would involve an unreasonable risk to property or to
the safety or welfare of specific individuals or the general public.
A licensee must report his or her arrest for any crime to the Chief
of Police within five business days of the arrest.
(2)
Revocations:
(a)
Any two suspensions within the twelve-month
period of the issuance of the license.
(b)
Knowingly filing a false application.
(c)
Any arrest or conviction of a licensee for a
criminal offense committed by such person during or in relation to
taxi operation.
(d)
Conviction of a licensee for a felony or misdemeanor
if the Chief of Police determines that there is a direct relationship
between the conviction and the duties and obligations inherent to
a taxi license or that the continuation of the license would involve
an unreasonable risk to property or to the safety or welfare of specific
individuals or the general public.
(e)
Any driver who operates with a suspended driver's
or vehicle license as issued by the City of Middletown or a suspended
registration.
(f)
The suspension or revocation of an operator's
New York State driver's license by the New York State Department of
Motor Vehicles.
(g)
Operation of a taxicab without the insurance
required by this chapter, for illegal purposes or in violation of
the law.
E.
Review of denial, revocation or suspension. A hearing officer shall be appointed by the Mayor to hear and decide appeals taken from any determination made by the Chief of Police or his designated agent which denied, revoked or suspended such driver and/or vehicle license. Any applicant who shall have been refused a license, or a license holder whose license shall have been revoked or suspended, may appeal to the hearing officer for review of such denial, revocation or suspension as set forth in this chapter. The failure of an aggrieved party to take an appeal within 10 business days of receipt of such denial, revocation or suspension shall constitute a waiver of right to appeal. Appeals shall be heard pursuant to the provisions of § 433-28 of this chapter.
[Amended 1-7-2008; 2-4-2020]
There shall be kept in the Records Division
of the City of Middletown Police Department a complete record of each
license or permit issued to a driver, and of all renewals, suspensions
and revocations thereof, which record shall be kept on file with the
original application of the driver for a license for at least seven
years.
[Amended 1-7-2008; 7-17-2018]
It shall be unlawful for any person to use,
operate or drive or permit to be used, operated or driven a taxicab
upon the streets of the City of Middletown without first having obtained
therefor a taxicab license, under the provisions of this chapter,
from the City Clerk. Such license shall be issued for a two-year period,
unless sooner suspended or revoked. Application for a taxicab license
shall be made by the owner upon blank forms furnished by the Clerk.
Such application shall contain:
A.
The name, age and residence of the person applying
for the license and what, if any, previous experience he has had in
such business.
B.
The name, age and residence of the person to be in
immediate charge of any such taxicab or taxicabs.
C.
The make of motor car to be used, the year the car
was made, the vehicle identification number, the state license number,
the number of years the vehicle has been driven and the seating capacity
according to its trade rating.
D.
Whether previously licensed to operate a taxicab and,
if so, where.
E.
Whether a license to operate a taxicab has ever been
revoked and, if so, for what cause.
F.
Such other information as the Chief of Police may
deem necessary.
A.
Insurance.
(1)
No vehicle shall be licensed unless it is a four-door
sedan, a four-door hatchback, a four-door hybrid vehicle, a sport
utility vehicle (SUV), a van or a station wagon and is insured by
a public liability policy, written by an insurance company licensed
to do business in the State of New York, for damages in the amounts
required by the laws of the State of New York.
[Amended 6-4-2013; 2-6-2018; 11-19-2019]
(2)
All such insurance policies must include a provision
which names the City of Middletown as an additional certificate holder
and which requires the City of Middletown to be notified in the event
of any changes in such policies, which changes include, but are not
limited to, cancellation of the policies and changes in the policy
limits.
(3)
No SUV or van will be used as a taxicab to pick up passengers unless
and until any prospective passenger is advised that he or she will
be picked up by a van or SUV and unless and until such passenger agrees
to be picked up by a van or SUV.
[Added 2-6-2018]
B.
No vehicle shall be initially licensed until it has been thoroughly inspected by a New York State certified/licensed mechanic who is not an employee of the City of Middletown and who has no blood or business relationship with the owner or lessee of the vehicle to be licensed. All such mechanics shall be designated for that purpose by the Chief of Police or his designated agent, and a written report of the inspection in a manner prescribed by the Chief of Police or his designated agent shall have been filed with the Chief of Police or his designated agent. A copy of the report shall be given to the owner and/or lessee of the vehicle at the completion of the mechanical inspection. The initial inspection shall be both mechanical and physical, as those terms are used in Subsection C hereof. The vehicle owner shall be liable for all costs incurred with respect to all inspections required under this section.
[Amended 10-14-2003]
C.
Post-licensing inspections.
[Amended 11-13-2007; 03-20-2018]
(1)
Subsequent to the initial inspection, there shall be at least four
inspections annually of each vehicle so licensed. At least one inspection
shall be conducted in each quarter of the calendar year; however,
no inspection shall be conducted within 60 days of a previous inspection
without the permission of the Chief of Police or his/her designated
agent. Two of the inspections shall be physical, and two shall be
mechanical. The Chief of Police or his/her designated agent can request
an inspection at any time. If a mechanical inspection is requested,
the inspection shall be performed at a location acceptable to the
Chief of Police or his/her designated agent, and at the taxicab operator's
expense. The mechanical inspection shall be conducted by a New York
State-certified/licensed mechanic who is not an employee of the City
of Middletown and who has no blood or business relationship with the
owner or lessee of the vehicle to be inspected, and such mechanic
is to be designated by the Chief of Police or his/her designated agent.
The vehicle owner shall be liable for all costs incurred with respect
to said inspections. All reports shall be on forms provided by the
Police Department which contain the following information: vehicle
make, model, license plate, year, vehicle identification number, mileage
and year; name and New York State inspector number of the mechanic;
New York State inspection sticker number; name, address and New York
State inspection station number of the garage at which such mechanic
is employed or works; and date of the inspection.
(2)
Renewal inspections. A physical and mechanical inspection shall both be performed at the time of renewal of the vehicle license. Such inspections may be done any time within 30 days prior to the renewal date to be valid for the subsequent year. The renewal inspection shall satisfy the inspection requirement of Subsection C(1), above, for the quarter in which the renewal inspection is conducted.
(3)
Mechanical inspections. A vehicle shall not pass a mechanical inspection
unless it is in a thoroughly safe condition for the transportation
of passengers and in good repair. In addition, a vehicle shall not
pass a mechanical inspection unless it has passed all the requirements
of a New York State motor vehicle inspection. A mechanical inspection
shall include, but not be limited to, certification of the following
items: all four wheel brake pads have been visually inspected and
are in good working order; the speedometer accurately registers the
speed of the vehicle.
(4)
Physical inspections. Physical inspections may be performed by police
officers designated by the Chief of Police or his/her designated agent.
A vehicle shall not pass a physical inspection unless it is free of
excessive auto body and paint damage, clean, fit, uniform in color,
of good appearance and in a thoroughly safe condition. A physical
inspection shall include, but not be limited to, certification of
the following items: all lights are working; all glass not addressed
or required by the New York State inspection laws must be present
without breaks or cracks; all windows work; all doors work; all door
handles work; all locks work; floorboards must be strong enough to
hold the weight of any passengers or drivers who may use the vehicle;
the heating system must work; the paint is not blistered, cracked,
or discolored; rust must not have penetrated through any body parts;
body parts must not be damaged; body parts must be securely fastened
to the vehicle; inside and outside upholstery must not be ripped or
worn out; the vehicle has at least two thirty-minute safety flares;
the vehicle has a safe and usable spare tire; and the equipment necessary
to change a tire on the vehicle is present and in good working order.
D.
The Chief of Police or his designated agent may suspend
any owner's vehicle license for failing the inspection(s) required
hereunder for 30 days, or until it has been determined by reinspection
that the vehicle has been repaired. The City of Middletown does not
guarantee the mechanical safety of any vehicle licensed and inspected
under this section.
E.
The Chief of Police or his designated agent shall
notify all owners or lessees licensed hereunder of the dates of physical
inspections, which dates shall be at least 10 days after the mailing
of notification, and which inspections may be scheduled by the Chief
of Police as often as he deems it necessary. The notification shall
be in writing, sent by regular mail, and shall state the date, time
and place of inspection. Failure of the vehicle to be produced for
such inspection shall be cause for the suspension of the vehicle's
license.
F.
Repair work which is required to be done after a mechanical
inspection of a vehicle shall be completed within five days of the
mechanical inspection by a New York State certified repair garage,
and satisfactory proof of repair shall be presented to the Chief of
Police or his designated agent. Failure to make such repairs and/or
to present satisfactory proof may be a ground for suspension of an
owner's or lessee's license.
G.
Taxicab licenses shall be limited to 50; provided,
however, that the Common Council may increase the number of licenses
to be issued upon determining, after a public hearing, that public
necessity requires that additional taxicabs be licensed.
H.
No taxicab license shall be issued to any vehicle
which is more than 10 model years old.
[Amended 10-14-2003; 2-4-2020]
I.
A vehicle larger than a four-door sedan, a four-door
hatchback, a four-door hybrid vehicle, a sport utility vehicle (SUV),
a van or a station wagon may be licensed under this section if it
is owned and operated by a lawfully authorized provider of transportation
services pursuant to the provisions of 18 NYCRR 505.10. Such vehicle
must be clearly marked as a recipient of said authorization. The operator
of such vehicle must at all times carry written proof of said authorization.
When engaged in a medical transport, the operator of such vehicle
must carry proof that he or she has received prior authorization for
that passenger pursuant to the provisions of 18 NYCRR 505.10. Nothing
in this subsection is to be construed as waiving compliance by owners
and operators with all requirements of this chapter, including the
obtaining of a medallion, except as specifically provided for herein.
[Added 11-13-2007; amended 6-4-2013; 2-6-2018]
A.
If, upon inspection, a taxicab is found to be of lawful
construction and in proper condition in accordance with the provisions
of this chapter, and upon the approval of the application and the
payment of the license fee hereinafter set forth, the same shall be
licensed by delivering to the owner a card of such size and form as
may be prescribed by the Chief of Police. The card shall contain the
official license number of the taxicab, together with the date of
inspection of the same, and a statement to the effect that, in case
of any complaints, the Chief of Police shall be notified, giving a
license number of the taxicab. Such card shall be signed by the Chief
of Police and shall contain blank spaces upon which an entry shall
be made of the date of every inspection of the vehicle by the Chief
of Police or his representative. The license number assigned hereunder
shall in each case be the same as that assigned to the vehicle for
that year pursuant to law. The Chief of Police shall also affix to
the cowl on the right-hand side of each taxicab a small plate or medallion,
not exceeding six inches in diameter, which shall bear the license
number of the vehicle. Any licensee who defaces, obliterates or changes
any official entry made upon his license or plate shall have his license
revoked. Medallions may be issued only to the owner or the lessee
of the vehicle to be licensed. The number of the taxicab license or
medallion must match the number of the taxicab.
[Amended 11-13-2007]
B.
No taxicab license may be sold, assigned, leased or otherwise transferred without the consent of the Chief of Police. Any license may be transferred to another, to be used in the bona fide operation of a taxicab business, with the consent of the Chief of Police upon the filing of an application as provided in § 433-12 of this chapter and upon the payment of a transfer fee of $500; provided, however, that no transfer may be made in the month of March. Notwithstanding the foregoing, the holder of a taxicab license may transfer the license to a corporation of which such holder of the taxicab license is the sole shareholder, and there will be no transfer fee imposed in connection with such transfer. No taxicab license shall be assigned, mortgaged, pledged or otherwise transferred to secure a debt, loan, advance or other financing transaction.
C.
No taxicab license or medallion shall be transferred
from one car to another without the benefit of the mandatory vehicle
inspection. After passing said inspection, the applicant shall pay
a transfer and reinspection fee of $250, unless such transfer and
inspection is made in the renewal month of March.
D.
Display of complaint procedure. Owners and lessees
of licensed vehicles shall display, constantly and in a conspicuous
place visible to all passengers, a sticker to be issued by the Chief
of Police or his designated agent, which states: "Complaints regarding
the physical condition of the vehicle, the driver or anything affecting
the safe and convenient use of taxicabs in the City of Middletown
may be made in writing and addressed to the Chief of Police, City
of Middletown, 2 James Street, Middletown, New York 10940."
E.
Medical transport taxicab license. Owners of vehicles larger than a four-door sedan or station wagon that are used solely for lawfully authorized transportation services pursuant to the provisions of 18 NYCRR 505.10 may apply for a medical transport taxicab license. Such applicants must comply with all of the requirements of this section and chapter, except the auction provisions contained in § 433-24D(3) and the rate card provisions contained in § 433-20B, and except as otherwise provided in this chapter. The fee for a medical transport taxicab license shall be $300. Medical transport taxicab licenses shall be limited to 15 and are not transferable. Such licenses shall be issued as of May 1 in each and every year and shall expire on the April 30 next succeeding, unless sooner suspended or revoked. A medical transport taxicab license must be issued for a specific vehicle, and shall not be used for any other vehicle, except by permission of the Chief of Police or his designee. A vehicle which is designated for a medical transport taxicab license shall not be used for a nonmedical transport. A violation of any provision of this subsection shall result in the revocation of the medical transport taxicab license.
[Added 11-13-2007; amended 12-18-2018]
The license fee per annum for each taxicab shall
be $500. No license shall be prorated or refunded.
[Amended 1-7-2008]
The City Clerk shall keep a register of the
name of each person owning or operating a taxicab licensed under this
chapter, together with the license number and the description and
make of such vehicle, with the date and complete record of inspections
made of it. Such record shall be open to the inspection of the public
at all reasonable times.
Only taxicabs in such numbers as are set forth
on the metal sign may remain at that stand while waiting for employment
and only in single file, and not more than one taxi from one company
to the exclusion of other taxicabs pointed in accordance with the
traffic regulations. No taxicab standing at the head of any such line
shall refuse to carry any orderly person applying for a taxicab who
agrees to pay the proper rate of fare, but this shall not prevent
any person from selecting any taxicab he may desire on the stand,
whether it is at the head of the line or not. As the taxicabs leave
the line with the passengers, those behind shall move up, and any
taxicab seeking a place on the stand shall approach the same only
from the rear of the stand and shall stop as near as possible to the
last taxicab on the stand. No taxicab shall stand within eight feet
of any crosswalk.
No person shall solicit passengers, except the
driver of a taxicab, and then only when within five feet of his vehicle.
No taxicab while awaiting employment shall stand on any public street
unless at a stand designated in accordance with this chapter.
A.
Minimum fare; zone map.
(1)
It shall be unlawful for any taxicab owner or the
operator of any taxicab driven in the limits of the City of Middletown
to charge a fare of less than $1.50. It shall be unlawful to change
the fares during periods of inclement weather. The provisions of this
subsection shall not apply to a lawfully authorized provider of transportation
services who has received prior authorization for a specific medical
transport pursuant to the provisions of 18 NYCRR 505.10.
[Amended 11-13-2007]
(2)
Any taxicab company establishing more than one zone
in the City of Middletown shall include a map clearly showing the
zones and rates on a rate card of a minimum size of nine inches by
12 inches, visible to the fares in the taxicab. Any senior citizen
discount may go below the established minimum fare stated above.
B.
Rate cards.
(1)
Within 10 days of passage of this chapter, taxicab
owners and/or operators shall file with the City Clerk rate cards
which indicate a schedule of fees. Such rates and fees shall become
the fixed rates and fees for the individual registrant and shall remain
fixed. These rates and fees shall include zone maps, charges for local
fares, waiting time, running time, charges for additional fare, extra
stops in transit and additional fees for late hour calls.
[Amended 11-13-2007]
(2)
Rate cards shall be prominently displayed on the dash
of each taxicab and shall be easily visible to passengers. The rate
card shall be clearly maintained at all times. Any violation of such
filings shall result in suspension of the taxicab license until the
next filing, at which time the Common Council shall determine whether
the license shall be renewed. Any attempt to circumvent the intent
of this chapter shall be deemed a violation thereof.
(3)
The fixed rates and rate cards as established above
shall be in effect for a minimum period of four months.
C.
Multiple passengers.
(1)
No driver of a licensed taxicab shall carry any other
person than the passenger(s) first employing a taxicab, without the
consent of such passenger. No person shall be required to ride in
or pay for a called taxicab if the same is occupied by another passenger
without his consent. The provisions of this subsection shall not apply
to a lawfully authorized provider of transportation services who has
received prior authorization for a specific medical transport pursuant
to the provisions of 18 NYCRR 505.10.
[Amended 11-13-2007]
(2)
The above requirements shall be clearly displayed
and visible to passengers at all times on the dash of each and every
taxi on a separate card of a minimum size of nine inches by 12 inches
and be in bold print of a minimum of one-half-inch letters.
A.
Prepayment. Every driver of a taxicab shall have the
right to demand payments of the legal fare in advance and may refuse
employment unless so prepaid, but no driver of a taxicab shall otherwise
refuse or neglect to convey any orderly person or persons upon request
anywhere in the City unless previously engaged or unable to do so.
The provisions of this subsection shall not apply to a lawfully authorized
provider of transportation services who has received prior authorization
for a specific medical transport pursuant to the provisions of 18
NYCRR 505.10.
[Amended 11-13-2007]
B.
Disputed fares. All disputes as to fares shall be
determined by the officer in charge of the police station; failure
to comply with such determination shall subject the party offending
to a charge of disorderly conduct, punishable by a fine not exceeding
$100. Whenever a passenger asks for a receipt, it shall be given to
him by the driver. Such receipt shall show the name of the driver,
the name of the owner of the taxicab, the number of the taxicab, the
time when the trip began and ended and the amount of fare collected.
C.
Overcharge. No person shall charge or attempt to charge
any passenger a greater rate of fare than that to which the taxicab
is entitled under the provisions of this chapter.
D.
The failure to operate a taxicab in the taxi business
for a ninety-day period shall be deemed an abandonment, and the medallion
shall be returned.
[Amended 11-13-2007]
No person shall be allowed to ride on the seat
with the driver except paying passengers, and any driver who shall
permit this may be deprived of his license. It shall be the duty of
all police officers to notify the Chief of Police of any violation
of this provision. The provisions of this section shall not apply
to an aide to a lawfully authorized provider of transportation services
who has received prior authorization for a specific medical transport
pursuant to the provisions of 18 NYCRR 505.10.
Every driver of a taxicab, immediately after
the termination of any hiring or employment, must carefully search
such taxicab for any property lost or left therein, and any such property,
unless sooner claimed or delivered to the owner, must be taken to
the nearest police station and deposited with the officer in charge
within 24 hours after the finding thereof.
A.
A deposit of $200 will be placed with the Office of the City Clerk before the medallion is issued under the provisions of this chapter, to be returned to the assignee upon the return of the medallion to the Clerk or upon written proof, signed before a notary, that the medallion had been transferred or sold to another, pursuant to § 433-14B.
[Amended 1-7-2008]
B.
A medallion replacement fee of $100 will be assessed in the case of a lost, damaged or destroyed medallion, or for some reason it cannot be returned. The deposit of $200 is to be returned as provided for in the foregoing Subsection A.
C.
Every person to whom a medallion has been issued under
the provisions of this chapter shall, upon discontinuance or abandoning
the operation of driving a taxicab, return such medallion to the City
Clerk and receive his original deposit price less $100, unless such
medallion has been lost, damaged or destroyed or for some other reason
cannot be returned.
[Amended 1-7-2008]
D.
For each medallion that has been returned in accordance
with the above sections, such medallion will be redistributed in accordance
with the following procedure:
(1)
Notice will be published by the City Clerk in a newspaper
of general circulation stating that a medallion or medallions has
or have been returned to the City and is or are available for redistribution
in accordance with this section.
[Amended 1-7-2008]
(2)
All persons or entities who or which desire such medallion(s)
shall apply for the same upon forms to be obtained from the Office
of the City Clerk, together with an application fee of $50 per medallion.
All such applications must be returned within two weeks of the first
date the notice set forth above was published in the newspaper. Applications
which do not meet the requirements of all provisions of this chapter
shall be returned to the applicant.
[Amended 1-7-2008]
(3)
All such applicants shall be notified of a public auction of said medallions. Each available medallion shall be auctioned off individually by the City of Middletown, which shall have the right to set a minimum bid for each medallion. On the day the medallion is purchased, the purchaser must put down 10% of the total purchase price of the medallion. The purchaser shall have one week from the termination of the auction to pay the full price of the medallion. If a medallion is not fully paid for within the one-week period, the purchaser will lose all rights to such medallion, and the medallion will be added back to the auction list. Any such defaulting purchaser shall forfeit all of the funds paid on the day of the auction. All other fees imposed by this chapter shall continue to be in force. The auction provisions of this subsection shall apply to all taxicab licenses currently held by the City, but shall not apply to medical transport taxicab licenses issued pursuant to § 433-14E of this chapter.
[Amended 11-13-2007]
A.
No person owning or driving a taxicab shall deceive
any passenger who may ride or who may desire to ride in any such vehicle
as to his destination by the shortest route or the lawful price to
be charged for such person, or shall convey such passenger or cause
him to be conveyed to a place other than that directed by him.
B.
Misrepresentation. No person owning or driving a taxicab
shall misrepresent himself or the company for which he works to any
passenger who rides or who may desire to ride in any such vehicle
as to the taking of any person that has previously called or is going
to call for another individual taxi or company, for transportation
to a certain destination.
It shall be unlawful for any licensed driver
of any taxicab to misrepresent the name of his employer, or knowingly
to receive or transport any person or persons who intend any unlawful
act in such vehicle during the voyage or at the termination thereof,
whether within such vehicle or not. It shall also be unlawful for
any such driver to solicit or procure or to aid or assist in soliciting
or procuring any person to ride in a licensed taxicab with the intent
to commit any unlawful act therein or at any time during the voyage
or the termination thereof, whether within the vehicle or not. Any
such actions shall be cause for the driver's and/or taxicab license
to be revoked as set forth in this chapter.
A.
Any person violating any of the provisions of this
chapter shall, upon conviction, be punished by a fine of not less
than $250 and not greater than $1,000 or imprisonment not exceeding
15 days, or both, and in addition thereto, if a licensee, his license
or licenses may be suspended or revoked. The Chief of Police may,
in his discretion, temporarily suspend a license pending the prosecution
of the licensee.
[Amended 11-13-2007]
B.
Upon a prosecution for a violation of § 433-14C of this chapter, the Police Chief may, in his discretion, suspend the taxi license or medallion of the taxi itself for a period not to exceed 30 days for a first offense and for a period not to exceed 60 days for a second or subsequent offense. Upon the third conviction for violating § 433-14 of this chapter, the taxi license or medallion of the taxi itself shall be revoked by the Police Chief in accordance with the procedures set forth in § 433-10 of this chapter.
[Added 12-13-2004]
C.
Upon a conviction for a violation of § 433-2B of this chapter, the Police Chief shall suspend the medallion of the taxi itself for a period of not less than 15 days and not greater than 45 days, the length of the suspension being in the discretion of the Police Chief. If a medallion owner accumulates two or more such medallion suspensions in a calendar year, the Police Chief, in his discretion, may suspend the medallion for a period not to exceed one year.
[Added 11-13-2007]
D.
Upon a conviction for a violation of § 433-13A of this chapter, the Police Chief shall suspend the medallion of the taxi itself for a period not to exceed the duration of the insurance violation, the length of the suspension being in the discretion of the Police Chief. If a medallion owner accumulates two or more such medallion suspensions in a calendar year, the Police Chief, in his discretion, may revoke the medallion.
[Added 11-13-2007]
A.
The hearing officer appointed by the Mayor shall hear
and decide appeals from and review any order, denial, suspension or
revocation made by the Chief of Police or his designated agent with
respect to a driver's or vehicle license as provided for herein.
B.
Request for hearing. Upon the denial of an application,
or the suspension or revocation of a license, the aggrieved party
may, within 10 business days after receiving written notice, file
a request, in writing, upon the hearing officer for review of said
decision by the Chief of Police or his designated agent. Failure to
file within such ten-day period shall be deemed a waiver of the aggrieved
party's right to file an appeal.
C.
Hearings. Upon receipt of a request for a hearing
as provided above, the hearing officer shall set a time and place
for a hearing. The aggrieved party shall have the option of whether
such hearing shall be public or private. The hearing shall commence
no later than 30 days after the date on which the request was filed.
Failure by the hearing officer to commence a hearing within 30 days
shall not be deemed to constitute approval of such request if good
and sufficient reason exists.
D.
Findings. The aggrieved party shall be given an opportunity
to present evidence why such denial of application, or such suspension
or revocation of the license, shall be sustained, modified or withdrawn.
The Chief of Police or his designated agent may also present evidence.
Upon consideration of the evidence presented, the hearing officer
shall sustain, modify or withdraw the decision of the Chief of Police
or his designated agent. In the event the aggrieved party is not satisfied
with the decision of the hearing officer, such aggrieved party may
file an Article 78 proceeding under the New York Civil Practice Law
and Rules, except that such Article 78 proceeding must be filed within
30 days of the filing of the hearing officer's decision with the City
Clerk of the City of Middletown and service of the same upon the aggrieved
party.
[Amended 1-7-2008]
