Unless otherwise expressly stated, whenever used in this chapter, the
following words shall have the meanings given to them in this section:
DRIVER'S LICENSE
Permission granted by the Village of West Carthage to any person
to drive upon the streets of such Village in any licensed taxicab.
OPERATOR
Any person owning or having control of the use of one or more taxicabs
used for hire upon the streets of the Village of West Carthage or engaged
in the business of operating a taxicab.
PERSON
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all other
entities capable of being sued.
STREET
Any street, avenue, bridge or public place in the Village of West
Carthage.
TAXICAB
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, except vehicles subject to the
provisions of the Transportation Corporation Law.
TAXICAB DRIVER
Any person who drives a taxicab, whether such person is the owner
of such taxicab or employed by the taxicab owner or operator.
TAXICAB LICENSE
Permission granted by the Village of West Carthage to any person
to operate or keep for hire any taxicab in such Village.
On or after July 1, 1990, it shall be unlawful for any person to drive,
operate or keep for hire or pay within the limits of the Village of West Carthage
any taxicab without first having obtained and paid for a license to drive,
a license for operating or keeping for pay or hire, or both, and having the
same in force and effect under the provisions of this chapter.
A person shall be qualified to operate a taxicab in the Village of West
Carthage only if he:
A. Is at least 21 years of age.
B. Is clean in dress in person and not addicted to the use
of intoxicating liquor or drugs.
C. Can, by reason of experience or training, or both, safely
operate a taxicab within the judgment of the Chief of Police of the West Carthage
Police Department. In exercising this judgment, the Chief of Police shall
have due regard for the safety of the applicant, the applicant's passenger
or passengers, other motorists and their passengers and pedestrians, as well
as the personal property of the general public.
D. Presents to the Chief of Police of the West Carthage
Police Department a statement signed within two years prior to the date of
application or reapplication by a physician licensed to practice his profession
in the State of New York stating that the applicant is in good general health;
that he or she suffers from no known physical illness, disease, handicap or
disability which would prevent or tend to prevent him or her from safely operating
a taxicab; and that he or she is not taking any medication or undergoing any
course of treatment which would prevent or tend to prevent him or her from
safely operating a taxicab.
E. Possesses a state chauffeur's license valid in the State
of New York for the purposes of driving or operating a taxicab.
F. Has prepared and furnished the Chief of Police of the
West Carthage Village Police Department with a listing of all of the applicant's
arrests and convictions within the preceding five years for violations of
the Penal Law of the State of New York, the Vehicle and Traffic Law of the
State of New York, the Code of the Village of West Carthage and any other
statute or statutes of the State of New York, its sister states or the United
States of America.
G. Is not disqualified pursuant to the provisions of §
81-6 of this local law.
H. Has tendered with his application the license fee prescribed pursuant to §
81-10 of this chapter.
There shall be kept in the office of the licensing official 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.
The license fee for each vehicle licensed pursuant to the provisions
of this chapter shall be the sum of $10 per year for each taxicab and $10
per year for the renewal thereof, and no license fee shall be prorated.
The licensing official shall maintain constant vigilance over all taxicabs
to see that they are kept in a condition of continued fitness for public use,
and to this end, the licensing official shall inspect or cause to be inspected
all taxicabs from time to time, as hereinbefore provided for, or on the complaint
of any citizen, as often as may be necessary.
Taxicab licenses may be revoked or suspended at any time by the Police
Justice, for cause, after a hearing by said Police Justice, if the vehicle
shall be used for immoral or illegal business or purpose or for a violation
of any ordinance or state law governing the operation of motor vehicles. When
the license is suspended or revoked, the taxicab license hereinbefore provided
for shall be retained by the licensing official and shall be returned only
after the expiration of the suspension period.
The licensing official shall keep a record 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 records shall be open
to the inspection of the public at all reasonable times.
Every person to whom a license or permit has been issued under the provisions
of this chapter shall, upon discontinuing or abandoning the operation or driving
of a taxicab, return such license or permit to the licensing official, unless
such license or permit has been lost or for other reasons cannot be restored.
Such license or permit shall not be assigned or transferred to any other person
or be applicable to any other motor vehicle than the one specified therein.
Any licensee who permits a license or permit to be used by any other person
and any person who uses such license or permit granted or given to any other
person shall be guilty of a violation of this chapter. Whenever a license
or permit shall be lost, stolen or destroyed, without fault on the part of
the holder, his agent or employee, a duplicate in lieu thereof under the original
application may be issued by the licensing official upon the filling of a
sworn affidavit containing the facts of such loss, theft or destruction and
upon the payment of the cost of such duplicate tag.
Every driver of a taxicab, at the first opportunity 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 police station and deposited with the officer
in charge within 24 hours after the finding thereof, and a receipt obtained
therefor.
It shall be the duty of all police officers of the Village of West Carthage
to enforce the provisions of this chapter.
A driver licensed by the City of Watertown has already been subjected
to a background check and health verification by the City of Watertown. The
West Carthage licensing official may waive the requirement of such a person
to undergo another background check and physical examination upon submission
to the licensing official by said applicant of proof of current licensing
in the City of Watertown.
Taxi vehicles licensed in the City of Watertown have already been inspected by the licensing official in the City of Watertown. The West Carthage licensing official may therefore waive the requirement for the initial license fee and inspection of said vehicles set forth in §§
81-10 and
81-11. However, the licensing official shall retain the right to inspect or cause to be inspected all taxicabs from time to time or on the complaint of any citizen, as often as may be necessary.