[HISTORY: Adopted by the Town Board of the Town of Thompson 7-7-1981 by L.L. No. 5-1981 (Ch. 221 of the 2003 Code). Amendments noted where applicable.]
Vehicles and traffic — See Ch. 231.
Unless otherwise expressly stated, whenever used in this chapter, the following words shall have the meanings given to them by this section:
- The operation of a taxicab upon the streets of said Town when not employed by a passenger and by words or actions soliciting employment.
- PRIVATE LIVERY CAB
- A taxicab being operated at special instance and request of persons and at rates per unit of time, by the hour, day or week or fraction thereof.
- Includes any street, highway, alley, avenue, court, bridge, lane or public place in the Town of Thompson outside of the corporate limits of any village in said Town.
- Includes any motor vehicle regularly engaged in the business of carrying persons for hire, except vehicles subject to the provisions of the Transportation Law or used by undertakers in carrying on their undertaking business.
- TAXICAB DRIVER
- Any person who drives a taxicab.
- TAXICAB DRIVER'S LICENSE
- Includes written permission granted by the Town of Thompson to drive a licensed taxicab upon the streets of said Town.
- TAXICAB LICENSE
- Includes written permission granted by the Town of Thompson to operate a specified taxicab upon the streets of said Town.
- TAXICAB STAND
- Includes any place alongside the curb of any street or elsewhere which is exclusively reserved for the use of taxicabs.
Editor's Note: The definition of "person," which immediately followed this definition, was repealed 10-21-2003 by L.L. No. 7-2003.
It shall be unlawful for any person to keep any taxicab for hire within the Town of Thompson, outside the corporate limits of any village in said Town, without first having obtained under the provisions of this chapter a taxicab license in full force and effect and for any person to drive or operate such taxicab without first having obtained a taxicab driver's license in full force and effect.
Except in the year in which this chapter shall be enacted, such taxicab licenses and taxicab driver's licenses shall be issued as of the first of May each year and shall expire on the following April 30, unless sooner suspended or revoked.
The number of licenses to be issued is hereby limited in the interest of public welfare and safety to 21 licenses. However, the revision of the number of taxicab licenses issued shall be in the sole discretion of the Town Board.
Application. Application for a taxicab license shall be made by the owner of the taxicab upon forms furnished by the Town Clerk.
Such application shall contain:
The name, age, residence and business address of the person applying for the license and what, if any, previous experience he has had in the taxicab business. If the applicant is a corporation, the names and addresses of the officers of said corporation and the stockholders, together with the names and addresses of the person or persons who will actually manage the business, and whether previously convicted of a felony or a misdemeanor.
The type of motor car to be used, the factory number, the state license number, the number of years the vehicle has been driven and the seating capacity according to its trade rating.
Whether previously licensed to operate as a taxicab and, if so, where.
Whether a license to operate a taxicab has ever been suspended or revoked and, if so, for what cause.
Such other information as the Town Clerk may deem necessary.
Such application shall be accompanied by the appropriate fee.
Inspection. No vehicle shall be licensed until it has been thoroughly and carefully inspected and examined and found to be in a thoroughly safe, clean, fit condition. The Town Board, or someone designated by it, shall make such examination and inspection and file a report thereof with the Town Clerk before a license is issued. Such vehicle to be licensed shall be inspected at least once each year thereafter before a license is issued. Should any vehicle proposed to be licensed hereunder be previously inspected and passed by any incorporated village in said Town, the above provisions shall be dispensed with, and such vehicle may be licensed without further inspection.
License card. 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 fee hereinafter set forth, the same shall be licensed, and the Town Clerk shall provide a sticker which may be affixed to a side window thereof, which sticker shall contain the official license number of the taxicab, together with the date of issuance thereof. The license number assigned shall, wherever practicable, be the same as the registration number assigned to the vehicle for that year by the Department of Motor Vehicles. Such sticker shall not be defaced, obliterated or changed in any manner and shall be removed when such vehicle is sold to disqualify it for service or otherwise disposed of. In the event that a licensed taxicab is replaced by a new or different taxicab, the Town Clerk may, upon payment of a fee as set from time to time by resolution of the Town Board, transfer the license to the new taxicab upon proof submitted by the owner in proper form that such licensed taxicab has been taken out of service and has been replaced. A new sticker may thereupon be issued.
[Amended 10-21-2003 by L.L. No. 7-2003]
License fee. The license fee for each taxicab license shall be set from time to time by resolution of the Town Board.
[Amended 5-2-1995 by L.L. No. 3-1995]
Every license issued as herein provided shall expire on April 30 following the granting and issuing thereof. Prior to May 1 in each year, any applicant may make application for renewal of such license for the ensuing year upon a form provided by the Town Clerk and upon payment of the proper license fee. In the event that any holder of a taxicab license fails to make application for renewal of the same by the 15th day of May following the granting and issuing thereof, such license shall thereupon become null and void and has no effect. In no event shall a renewal application be submitted to said Town Board earlier than the first day of March or later than the 15th day of May in any year.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Medallion. Each licensee of a vehicle licensed for operation of a taxicab in the Town of Thompson shall be required to obtain a medallion for each vehicle licensed and to exhibit the same in a conspicuous place on the front of each such vehicle while it is in operation. No vehicle shall be operated as a taxicab unless such medallion is so exhibited thereon. Said medallion shall be designed in a conspicuous and unique fashion and shall be obtained from the Town Clerk upon payment of such fee as shall be set from time to time by resolution of the Town Board.
[Added 5-2-1995 by L.L. No. 3-1995]
Application. Each applicant for a taxicab driver's license must comply with the following to the satisfaction of the Town Board. He must:
First have obtained a New York State chauffeur's license.
Be over the age of 18 years.
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 him unfit for the safe operation of a public vehicle.
Be able to read and write the English language.
Be clean in dress and person and not addicted to the use of intoxicating liquor or drugs.
Be of good moral character.
Fill out, upon a blank form to be provided by the Town 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 for the last five years, whether married or single, whether he has ever been arrested or convicted of a felony or misdemeanor, 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 Town Clerk as a permanent record. The Town Clerk may require such additional information as he may deem necessary.
Any driver duly licensed by any incorporated village in said Town may be issued a license upon making the proper application therefor and without other or further qualifications.
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 the signature of the licensee and blank spaces upon which a record may be made of any convictions, arrests, serious complaints or reprimands against him. Each license shall be stamped with the Seal of the Town. 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. Any licensee who defaces, removes or obliterates any official entry made upon his license shall be punished by the revocation of his license.
Every license issued as herein provided shall expire upon the 30th day of April following the granting and issuing thereof. The Town Clerk may renew a driver's license from year to year by appropriate endorsement thereon. 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 Town Clerk and may make such application any time after the expiration of said license, upon a form to be furnished by the Town 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 Town Clerk may deem necessary.
A fee shall be paid for the original license issued and a similar fee for each renewal thereof. Such fees shall be set from time to time by resolution of the Town Board.
[Amended 10-21-2003 by L.L. No. 7-2003]
A driver's license may at any time be suspended or revoked for cause after a hearing by the Town Board of the Town of Thompson. Any such suspension or revocation shall be noted on the license, together with a statement of the reason therefor, and the driver shall be deprived of his license by the Town Board. When the license is suspended or revoked, such license shall forthwith be sent to the Town Clerk. A second suspension for the same reason may, or in any case a third suspension of a driver's license shall, revoke the license. No driver whose license has been revoked shall be again licensed as a taxicab driver in the Town unless upon the presentation of reasons satisfactory to the Town Board.
There shall be kept in the office of the Town Clerk a complete record of each license 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.
The Town Board may grant a driver's license at any time, in its discretion.
The Town Board is hereby authorized to locate and designate taxicab stands. It shall further designate the number of taxicabs that shall be allowed to stand at any of the places designated by it and shall provide a metal sign, upon which sign shall be placed the number of vehicles allowed on the particular stand.
Only taxicabs in such numbers as are set forth on the metal sign may remain at the stand while waiting for employment and only in single file, 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. As the taxicabs leave the line with passengers, those behind shall move up, and any taxicab seeking a space on the stand shall approach the same only from the rear of the stand and shall stop immediately to the rear of the last taxicab on the stand. No taxicab shall remain unattended at any taxi stand.
Cruising. No cruising shall be permitted. No taxicab while awaiting employment by passengers shall stand on any public street or place other than at or upon a taxicab stand designated or established within this chapter.
Every person to whom a badge, card or license has been issued under the provisions of this chapter shall, upon discontinuing or abandoning the operation or driving of such a taxicab, return such card or license to the Town Clerk. Such card or license shall not be or may not be assigned or transferred to any other person or be applied to any other vehicle other than the one specified therein. Whenever a license, badge or card shall be lost, stolen or destroyed, a duplicate thereof may be issued by the Town Clerk upon the filing of an affidavit containing the facts of such loss or theft and upon the payment of the cost of such duplicate license.
Every holder of a taxicab license shall at all times keep the inside of the cab operated by him in a clean and sanitary condition and shall at least once each day thoroughly clean the inside of such taxicab.
Each taxicab shall be clearly and plainly indicated as such by letters at least three inches in height affixed to both sides of said taxicab indicating the name of the company or individual operating said vehicle and designating the same as a taxicab.
Changes of address of owner or driver shall be reported to the Town Clerk, in writing, within three days.
Owners. Any owner or driver of a taxicab not licensed or equipped in accordance with the provisions of this chapter, or of a taxicab the license of which has been suspended or revoked, who engages in the business of a taxicab as defined herein or attempts to engage in such business or solicits passengers for hire shall, upon first conviction, be punished by a fine of not more than $500 or imprisonment for not exceeding 15 days, or by both such fine and imprisonment; upon second conviction, be punished by a fine of not more than $1,000 or imprisonment for not exceeding 15 days, or by both such fine and imprisonment; and upon third conviction within five years, shall be guilty of an unclassified misdemeanor pursuant to Town Law § 135, Subsection 1, shall be punished by fines of not more than $1,500 or imprisonment not exceeding 90 days, or by both such fine and imprisonment, and/or any other allowable sentence for unclassified misdemeanors, as proscribed in New York State Penal Law, Articles 55 through 85.
[Amended 8-3-2004 by L.L. No. 7-2004]
Drivers. Any person not having been duly licensed as a taxicab driver, or not having a taxicab license in full force and effect, who drives for hire a taxicab upon the streets of said Town shall, upon first conviction, be punished by a fine of not more than $500 or imprisonment for not exceeding 15 days, or by both such fine and imprisonment; upon second conviction, be punished by a fine of not more than $1,000 or imprisonment for not exceeding 15 days, or by both such fine and imprisonment; and upon third conviction within five years, shall be guilty of an unclassified misdemeanor pursuant to Town Law § 135, Subsection 1, shall be punished by fines of not more than $1,500 or imprisonment not exceeding 90 days, or by both such fine and imprisonment, and/or any other allowable sentence for unclassified misdemeanors, as prescribed in New York State Penal Law, Articles 55 through 85.
[Amended 8-3-2004 by L.L. No. 7-2004]
Editor's Note: Original § 111-8C of the 1981 Code, which immediately followed this subsection, was repealed 10-21-2003 by L.L. No. 7-2003.
In addition to the fine, imprisonment or both authorized by this chapter, any licensee shall be subject to the suspension or revocation of his license upon conviction for any violation of this chapter.
Any person who shall, having hired such taxicab and having been brought to his destination, fail and/or refuse to pay the lawful fare therefor shall, upon conviction thereof, be punished by a fine of not more than $250 or imprisonment for not more than 15 days, or by both such fine and imprisonment.
[Amended 10-21-2003 by L.L. No. 7-2003]
Taxicab owners and taxicab drivers shall have 30 days from the effective date of this chapter to comply with the terms of this chapter.
This chapter shall in no wise apply to the running or operation of taxicabs or other vehicles for hire upon the streets of any incorporated village in said Town.