[HISTORY: Adopted by the Board of Trustees of the Village of West
Carthage 11-13-1995 by L.L. No. 3-1995.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 85.
[1]
Editor's Note: This local law also superseded former Ch. 81, Taxicabs,
adopted 6-1-1990 by L.L. No. 2-1990.
Unless otherwise expressly stated, whenever used in this chapter, the
following words shall have the meanings given to them in this section:
Permission granted by the Village of West Carthage to any person
to drive upon the streets of such Village in any licensed taxicab.
The Chief of Police of the Village of West Carthage.
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.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all other
entities capable of being sued.
Any street, avenue, bridge or public place in the Village of West
Carthage.
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.
Any person who drives a taxicab, whether such person is the owner
of such taxicab or employed by the taxicab owner or operator.
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.
It shall be unlawful for any person to drive or operate
a taxicab upon the public streets of the Village of West Carthage, New York,
unless the driver has in his possession a valid taxicab driver's license issued
by the Village Board of the Village of West Carthage and signed by the Village
Clerk. It shall, however, not be unlawful for any person to drive or operate
a taxicab upon the public streets of the Village of West Carthage, New York,
without a valid taxicab driver's license for the sole purpose of leaving off
within the limits of the Village of West Carthage, New York, a passenger who
was picked up in another municipality.
B.
Any person interested in obtaining such license shall
complete and file an application therefor with the Village Clerk of the Village
of West Carthage. The qualifications of the driver, as hereinafter set forth,
shall be examined by the Chief of Police of the Village of West Carthage,
who shall, within 30 days after the date of the filing of the application
with the Village Clerk, submit written recommendations to the Village Board
of the Village of West Carthage.
C.
Such licenses are not transferable.
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.
A.
Each applicant for a driver's license shall file with
his application impressions of the fingers of his right hand. Such impressions
shall be placed upon forms furnished by the licensing official, the impressions
to be taken under the supervision of such licensing official or someone designated
by him at such place or places as may be designated by such licensing official.
Applications, with fingerprint impressions attached, shall be kept on file
in the office of the licensing official, and no license shall be issued under
the provisions of this chapter until the licensing official has filed in his
office a report showing the results of the investigation and examination of
the fingerprint impressions and said applications, fingerprint impressions
and report showing the results of the investigation and examination of the
fingerprinted person; provided, however, that a temporary license may be issued
pending such investigation, not to exceed 30 days. The fee to be paid by the
applicant shall accompany the application.
B.
No license shall be issued to a person who has been convicted
of a felony.
A.
A person is disqualified to operate a taxicab in the
Village of West Carthage if:
(1)
He or she has, within the preceding three years, been
convicted of, pleaded guilty to or forfeited bond or collateral upon any of
the following charges, whether the conviction, plea or forfeiture occurred
in the State of New York or elsewhere:
(a)
Any offense which constitutes a serious offense as that term
is defined by § 265.00 of the Penal Law of the State of New York
or any act supplementary thereof or amendatory thereto.
(2)
He or she has accumulated, within the past 24 months, eight or
more points on his or her driver's license as such points are determined by
the Department of Motor Vehicles of the State of New York; or
B.
Any person disqualified by reason of Subsection A(1), (2) or (3) above may petition the Village Board to request removal of said disqualification. Any such person must show good cause for removal of the disqualification and must submit references to persuade the Board that the safety of the citizens of the Village of West Carthage would not be jeopardized by allowing said petitioner to operate a taxicab in the Village of West Carthage.
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.
A.
It shall be unlawful for any person or persons to engage
in the business of transporting passengers for hire within the Village of
West Carthage, New York, without first obtaining a license to operate such
taxi stand or business from the Village Board of the Village of West Carthage.
Any person or persons intending to engage in said business of transporting
passengers for hire within the Village of West Carthage, New York, must also
possess a valid taxicab driver's license.
B.
Any person interested in obtaining such license shall
complete and file an application therefor with the Village Clerk of the Village
of West Carthage. The Chief of Police shall review the applicant's qualifications,
shall examine or cause to be examined the vehicles intended to be used by
the applicant in such business and shall within 30 days after the date of
the filing of the application with the Village Clerk submit written recommendations
to the Village Board of the Village of West Carthage.
C.
Such licenses are not transferable.
D.
Any such license application shall also be reviewed by
the Building Inspector of the Village of West Carthage or other appropriate
official to determine whether the operation and location of such taxi stand
or business at the address designated in the application would violate the
zoning laws or ordinances of the Village of West Carthage.
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, 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 licensing
official. 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 licensing official shall be notified,
giving the license number of the taxicab. Such card shall be signed by the
licensing official and shall contain blank spaces upon which an entry shall
be made of the date of every inspection of the vehicle.
B.
The license card must be conspicuously posted in the
taxicab.
C.
The license number assigned hereunder shall, in each
case, be the same as that assigned to the vehicle for that year, pursuant
to law.
D.
If a taxicab shall be disabled, disqualified for service
or sold, the licensing official may, at his discretion, permit the use of
a license granted for such taxicab to be transferred and used for another,
provided that such taxicab and the license thereof comply with the provisions
of the chapter.
E.
Should the state license number of a taxicab be changed
during the life of the taxicab license, such change and number shall be immediately
reported by the licensee to the licensing official.
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.
A.
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 a day thoroughly clean the inside of such taxicab.
B.
Changes of address of the owner or driver shall be reported
to the licensing official, in writing, within three days.
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.
A.
Every driver of a taxicab shall have the right to demand
payment 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 Village of West Carthage
unless previously engaged or unable to do so.
B.
No driver of a licensed taxicab shall carry any person
other than the passenger first employing a taxicab without the consent of
said first passenger.
C.
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.
Taxicab fares are not to exceed the following rates:
a charge of $1.75 per trip for four or less passengers going to a common destination
from one place in the Village of West Carthage to any other place in the Village
of West Carthage, plus an extra charge of $0.50 for an extra stop to pick
up or discharge passengers.
E.
Any person or persons wishing to operate a taxi service
in the Village of West Carthage has the option to charge a flat rate or to
use metered service.
F.
There shall be no charge for personal hand luggage for
fare-paying passengers.
G.
There shall be no charge for children under eight years
of age when accompanied by a fare-paying passenger.
H.
If a taxicab waits for more than five minutes for a passenger
at the passenger's request, there may be a charge for waiting time of $0.30
per minute or each fraction thereof after the first five minutes.
I.
A statement of the maximum fares prescribed by this chapter
shall be posted conspicuously in all taxicabs on a form prescribed by the
licensing official.
J.
The Board of the Village of West Carthage can set the
maximum fare by a resolution of the Board.
It shall be the duty of all police officers of the Village of West Carthage
to enforce the provisions of this chapter.
A.
Any person committing an offense against any provision
of this chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against provisions of
this chapter shall constitute, for each day the offense is continued, a separate
and distinct offense hereunder.
B.
Suspension and revocation of license. In addition to
the fine 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. The Police Justice may, in his discretion, suspend or revoke
a license granted under any provision of this chapter, pending or in advance
of the criminal prosecution of the licensee.
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.
