[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.]
GENERAL REFERENCES
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.
Includes any person owning or having control of the use of
one or more taxicabs.[1]
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.
Any person who drives a taxicab.
Includes written permission granted by the Town of Thompson
to drive a licensed taxicab upon the streets of said Town.
Includes written permission granted by the Town of Thompson
to operate a specified taxicab upon the streets of said Town.
Includes any place alongside the curb of any street or elsewhere
which is exclusively reserved for the use of taxicabs.
[1]
Editor's Note: The definition of "person,"
which immediately followed this definition, was repealed 10-21-2003
by L.L. No. 7-2003.
A.Â
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.
B.Â
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.
A.Â
Application. Application for a taxicab license shall
be made by the owner of the taxicab upon forms furnished by the Town
Clerk.
(1)Â
Such application shall contain:
(a)Â
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.
(b)Â
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.
(c)Â
Whether previously licensed to operate as a
taxicab and, if so, where.
(d)Â
Whether a license to operate a taxicab has ever
been suspended or revoked and, if so, for what cause.
(e)Â
Such other information as the Town Clerk may
deem necessary.
(2)Â
Such application shall be accompanied by the appropriate
fee.
B.Â
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.
C.Â
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]
D.Â
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]
E.Â
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)]
F.Â
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]
A.Â
Application. Each applicant for a taxicab driver's
license must comply with the following to the satisfaction of the
Town Board. He must:
(1)Â
First have obtained a New York State chauffeur's license.
(2)Â
Be over the age of 18 years.
(3)Â
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.
(4)Â
Be able to read and write the English language.
(5)Â
Be clean in dress and person and not addicted to the
use of intoxicating liquor or drugs.
(6)Â
Be of good moral character.
(7)Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
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]
F.Â
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.
G.Â
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.
H.Â
The Town Board may grant a driver's license at any
time, in its discretion.
A.Â
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.
B.Â
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.[1]
A.Â
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.
B.Â
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.
C.Â
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.
D.Â
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.
E.Â
Changes of address of owner or driver shall be reported
to the Town Clerk, in writing, within three days.
A.Â
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]
B.Â
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.[1]
[Amended 8-3-2004 by L.L. No. 7-2004]
[1]
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.
C.Â
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.
D.Â
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.
