[HISTORY: Adopted by the Board of Trustees of the Village of Lynbrook as Ch. 19, Art. I, of the 1967 Code of Ordinances; amended in its entirety 9-19-2011 by L.L. No. 12-2011. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Licenses — See Ch. 153.
Peace and good order — See Ch. 175.
Tow vehicles — See Ch. 231.
Vehicles and traffic — See Ch. 240.
As used in this chapter, the following terms shall have the meanings indicated:
DRIVER'S LICENSE
Permission granted by the Village to any person to drive a licensed taxicab upon the streets of the Village.
OPERATOR
Any person owning or having control of the use of one or more taxicabs used for hire upon the streets of the village or engaged in the business of operating a taxicab.
RATE CARD
A card on which is printed the tariff rates in the Village as provided by this chapter.
STREET
Any street, alley, avenue, court, bridge, lane or public place in the village.
TAXICAB
Any motor vehicle engaged in the business of carrying persons for hire, whether same is operated from a street stand or subject to calls from a garage or otherwise operated for hire.
TAXICAB DRIVER
Any person who drives a taxicab, whether such person is the owner of such taxicab or employed by a taxicab owner or operator.
TAXICAB LICENSE
Permission granted by the Village Board to any person to operate or keep for hire a taxicab in the village.
TAXICAB STAND
Any place alongside the curb of a street or elsewhere which is reserved by the Village for the exclusive use of taxicabs.
It shall be unlawful for any person to drive, operate or keep a taxicab for hire or pay within the Village, without first having obtained and paid for a license to drive or a license for operating or keeping a vehicle for pay or hire, or both, and having same in force and effect under the provisions of this chapter.
No person shall drive a taxicab, and no person shall permit anyone to drive a taxicab, within the Village 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. A revocation or suspension of said driver's New York State driver's license must be immediately reported to the Chief of Police and will constitute an automatic revocation or suspension of the Lynbrook taxi driver's license.
Each applicant for a taxicab driver's license must comply with the following to the satisfaction of the Chief of Police:
A. 
The applicant must first have obtained an appropriate New York State driver's license.
B. 
The applicant must be the age of 18 years or over.
C. 
The applicant must be able to speak the English language.
D. 
The applicant must be clean in dress and person and not addicted to the use of intoxicating liquor or drugs.
E. 
The applicant must provide, upon a form to be provided by the Village Clerk, a statement giving the applicant's full name, residence, date of birth, whether a citizen of the United States, whether the applicant has ever been convicted of a felony or misdemeanor, whether the applicant's license has ever been revoked and for what reason, and the number of the driver's license issued to the applicant by the state. The completed form shall be signed and sworn to by the applicant and filed with the Chief of Police. Said document will be maintained as a permanent record. The Chief of Police is hereby authorized and empowered to require such additional information as may be deemed necessary.
F. 
Upon notification of approval of the application, the applicant will have a period of 30 days within which to take physical possession of the taxi driver's license at Village Hall. Should the applicant fail to obtain the license within said period of time, the approval will be deemed void.
G. 
With respect to any taxicab stand used by the applicant, the applicant must agree to maintain said stand and surrounding area within a radius of 50 feet free of litter and debris of any kind and shall maintain such stand in a clean and sanitary manner while the applicant's vehicle is stopped at said stand. The Chief of Police, in his sole discretion, may revoke the taxicab license of the licensee upon a finding that the licensee has failed to so maintain said taxicab stand.
When the application form has been completed, the applicant shall present himself or herself to an officer of the Lynbrook Police Department to be fingerprinted. A copy of such fingerprints shall be sent to the Division of Criminal Justice Services, Albany, New York (hereinafter "DCJS"), requesting a fingerprint search, together with the fee required by DCJS, in such form of payment as is acceptable to DCJS, which fee shall be provided by the applicant. The DCJS reply shall be reviewed by the Chief of Police or a member of the Police Department.
Each applicant for a driver's license must file with his application two unmounted, unretouched photographs of himself in such position as the Chief of Police may direct, taken within the 30 days preceding the filing of the application. Photographs shall be of passport size, one of which shall be attached to the license when issued, and the other shall be filed with the application. The photograph shall be so attached to the license that it cannot be removed and another photograph substituted without detection. Each licensed driver shall, upon demand, exhibit his license and photograph for inspection.
[Amended 3-5-2012 by L.L. No. 1-2012]
A holder of a Lynbrook driver license to operate a taxicab must obtain and possess a "for-hire driver license" to operate a for-hire vehicle that is issued by the Nassau County Office of Consumer Affairs, Taxi and Limousine Commission pursuant to Nassau County Taxi and Limousine Commission Regulation 1-07 et. seq.
Applications for driver's licenses shall forthwith be sent to the Chief of Police, and no license shall be issued under the provisions of this chapter until receipt, in writing, from the Chief of Police of a report showing the results of the investigation and examination of the fingerprint impressions.
A. 
No driver's license shall be issued to a person who has been convicted in the last five years of a felony or of any crime involving fraud or fraudulent practices or moral turpitude, including violations of Penal Law §§ 120.01 et seq. (assault), 120.50 (stalking), 135.05 and 135.10 (unlawful imprisonment); Penal Law Articles 125 (homicide), 155 (larceny), 160 (robbery), 178 (illegal possession of prescription medications), 220 (controlled substances), 235 (obscenity), 245 (exposure), 260 (child abandonment or nonsupport; child endangerment), 265 (possession of firearms), and/or 270 (violations against public safety).
[Amended 9-16-2013 by L.L. No. 11-2013]
B. 
The applicant may, upon obtaining a certificate of relief, be considered for issuance of a license, except for a conviction of Penal Law § 120.01 et seq. (assault), Penal Law Article 125 (homicide), or Article 260 (conduct endangering a child), if there were no violations for any offenses defined as a crime within the past five years preceding the date of the license application.
C. 
No driver's license shall be issued to a person who has been convicted in the past five years of a violation of § 1192, Subdivisions 1, 2, 2-a, 3 or 4-a (DWI), or § 1212 (reckless driving) of the Vehicle and Traffic Law.
D. 
A driver's license shall not be issued to a person who has been convicted of Penal Law Articles 130 (sex offenses), 135 (kidnapping), 230 (prostitution), 263 (sexual performance by child), and/or § 120.70 (luring a child).
[Amended 9-16-2013 by L.L. No. 11-2013]
Upon satisfactory fulfillment of the requirements of this chapter, there shall be issued to the applicant therefor a driver's license which shall contain a photograph. Each license shall be stamped by the Seal of the Village upon at least a portion of the photograph. 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 date of issuance and expiration of the license.
A. 
A driver's license shall be displayed conspicuously by the licensee at all times when operating or in charge of any taxicab.
B. 
Each taxicab driver shall be responsible for conspicuously displaying a rate card at all times within the taxicab.
The fee for the issuance of a taxicab driver's license shall be in such amount as set forth by resolution of the Board of Trustees. The applicant shall pay the amount, and in the form, as prescribed by the New York State Department of Criminal Justice Services for a fingerprint search fee.
[Amended 1-11-2016 by L.L. No. 1-2016]
A. 
A taxicab driver's license may at any time be suspended or revoked on the grounds of a violation of any provision of this chapter.
B. 
Revocation or a suspension of a taxicab license by the Chief of Police may be appealed to the Board of Trustees within 20 days of the date of notice of said action upon written notice by the licensee. The only issue for determination by the Board of Trustees will be whether there was substantial evidence supporting the revocation or suspension by the Chief of Police.
C. 
Upon revocation or suspension, the taxicab driver shall immediately surrender the license document issued to him to the Chief of Police.
D. 
Effect of revocation. No licensee whose license has been revoked may apply for a license following a period of two years from the date of the revocation. In the event of a failure or refusal of the taxicab driver to surrender a revoked or suspended license document, such driver shall be barred from reapplying for a driver's license for a period of three years.
[Amended 1-11-2016 by L.L. No. 1-2016]
There shall be kept in the office of the Village Clerk a complete record of each license issued to a taxicab driver or to a taxicab owner and any revocation or suspension thereof, which records shall be kept on file with the original application.
[Amended 3-5-2012 by L.L. No. 1-2012]
A. 
It shall be unlawful for any person to operate or any owner to permit to be operated a taxicab for hire without a taxicab license under the provisions of this chapter.
B. 
A holder of a Lynbrook taxi license must provide to the Chief of Police proof of registration of said for-hire vehicle with the Taxi and Limousine Commission of Nassau County pursuant to Nassau County Taxi and Limousine Commission Regulations 1-03 et seq. Such proof must be provided to the Chief of Police within 30 days of the issuance of the Lynbrook taxi license to said taxi owner.
Application for a taxicab license shall be made by the owner upon forms furnished by the Village Clerk and shall provide the following information:
A. 
The name, age and residence of the person applying for the license. In the case of a corporation, the applicant shall provide the names and addresses of each of the officers thereof. In the case of an unincorporated association, the applicant will provide the names and addresses of each member thereof.
B. 
The make, model and vehicle registration number of each vehicle to be licensed. The application will set forth the New York State registration plate number for said vehicle.
C. 
Such other information as the Chief of Police may deem necessary.
D. 
Renewal licenses will be issued by the Village Clerk upon the approval of the Village Board.
E. 
An applicant for a taxicab license which will include authority to use a taxicab stand must comply with the provisions of §§ 224-46 and 224-50 of this chapter.
[Added 3-5-2012 by L.L. No. 1-2012]
A. 
Prerequisite to licensing or renewal. No vehicle shall be licensed as a taxicab until it has been inspected and approved for passenger suitability according to the regulations of the Chief of Police promulgated pursuant to § 224-37 herein.
A. 
Issuance or denial of a new taxicab license.
(1) 
If the Village Clerk shall find that it appears that further taxicab service in the Village and particularly in the area in which the applicant for a new taxicab license proposes to operate is required by the public convenience and necessity and, from the representations contained in the application for such taxicab license, that the applicant is qualified and able to perform such public transportation and to conform to the provisions of this chapter and the rules and regulations adopted under this chapter, then the Village Clerk, upon the certification of each taxicab proposed to be operated by the applicant pursuant to § 224-23 hereof, and the furnishing by the applicant of proof of insurance, as hereinafter provided, shall prepare a report stating the name and address of the applicant and the date of the issuance thereof and the number of vehicles the applicant is requesting to operate, and the Village Clerk shall submit that report to the Village Board, which will determine whether a taxicab license will be issued for each vehicle to be licensed hereunder. If the Village Board determines that such license or licenses should issue, it may grant for each such vehicle a license bearing the words "Licensed Taxicab" and an assigned number and the year of issuance.
(2) 
Before making any finding for the report to the Village Board as to whether public convenience and necessity justify the issuance of a taxicab owner's license or the licensing of additional taxicabs, the Village Clerk shall cause to be published in a newspaper of general circulation in the Village of Lynbrook a notice stating that application has been made for the licensing of a vehicle or vehicles as taxicabs and the number of vehicles for which such application has been made, and advising members of the public that they may submit a statement addressed to the Village Clerk commenting on whether or not public convenience would be served by such licensing, and that such statement must be filed at least seven days before the date fixed in the notice. Any such statements so filed must be considered by the Village Clerk in making a finding for the report to the Village Board as to public convenience and necessity.
(3) 
If the Village Board shall find from the representations contained in the application that an applicant for an owner's license for a taxicab(s) is qualified and able to conduct the business of taxicab operation and to conform to the provisions of this chapter and the rules and regulations adopted under this chapter, then the Village Board, upon the certification of each taxicab proposed to be operated by the applicant pursuant to § 224-23 hereof, and the furnishing by the applicant of proof of insurance, as hereinafter provided, may issue a license pursuant to § 224-23 hereof.
(4) 
In making its determination as to whether any taxicab license shall issue, the Board shall consider, but is not bound by, the Village Clerk's report. The Board may give consideration to such other facts, conditions and circumstances as it may consider relevant before making its findings and determination.
B. 
Consideration of taxicabs already in operation. In making the findings for the report to the Board required by § 224-22.1A(1), the Village Clerk shall take into consideration the number of taxicabs already in operation in the Village, whether existing transportation is adequate to meet the public need, the probable effect of additional taxicabs on local traffic conditions, and the character, experience and responsibility of the applicant and the adequacy of the service which the applicant proposes to give.
C. 
Submission to examination under oath. The Village Clerk may, if deemed appropriate, as part of the investigation, require the applicant and any others having knowledge of the facts to submit to an examination under oath and to produce evidence relating thereto, or hold a hearing upon such application as hereinafter provided.
D. 
Adding a new taxicab to the number of taxicabs currently licensed.
(1) 
Every owner licensed under this chapter who shall desire to add to the number of taxicabs he is then operating shall file with the Village Clerk a written application under oath, stating:
(a) 
The name and address of the applicant.
(b) 
The applicant's owner's license number.
(c) 
Any facts which the applicant believes tend to prove that the public convenience and necessity require such addition.
(d) 
A description of each such additional taxicab, including the make, model, passenger seating capacity, year of manufacture, New York State registration number, and motor number.
(2) 
If the Village Clerk shall find that the addition of such taxicab or taxicabs is required by the public convenience and necessity, then he shall issue a supplementary report to the Village Board concerning those findings. If the Board should find that it is appropriate, it may issue such further taxicab license as required by its findings.
E. 
Consideration in findings for additional taxicabs. In making the report to the Village Board required by § 224-22.1D hereof, the Village Clerk shall also take into consideration the matters specified in § 224-22.1B.
A. 
Form and contents of license. Upon approval of the application for a taxicab license following satisfactory inspection of the taxicab, and upon payment of the prescribed fee, a license shall be issued for said vehicle by delivery thereof to the owner. Said license shall be in the size and form as prescribed by the Chief of Police.
B. 
In accepting a taxicab license, the licensee shall certify and agree:
(1) 
To be responsible for the continued maintenance of the vehicle in accordance with the regulations of the Chief of Police; and
(2) 
To be responsible for the maintenance of any taxicab stand area at which the licensed vehicle may park; maintenance shall include keeping the stand area clean and sanitary and free of litter and debris of any type; and
(3) 
To provide the Chief of Police with evidence of the location of the storage or parking of each licensed taxicab.
A taxicab license shall be issued as of April 1 and shall expire on March 31 next succeeding unless sooner suspended or revoked. If a license is issued after April 1, it shall nevertheless, after the full fee is paid, expire the following March 31.
[Amended 12-14-2015 by L.L. No. 9-2015]
Each licensed taxicab shall be insured by an automobile liability insurance policy with minimum limits of $100,000/$300,000 for bodily injury and $50,000 for property damage.
An annual fee shall be charged for each vehicle licensed hereunder. Said fee shall be in such amount as set by resolution of the Board of Trustees.
[Amended 1-11-2016 by L.L. No. 1-2016]
A. 
A taxicab license may be revoked or suspended by the Chief of Police for cause, pending a hearing. Upon written notice to the holder of a taxicab license, the Chief of Police may conduct an investigation, at which time the Chief will determine whether there is substantial evidence to revoke or suspend the taxicab license. A suspension or revocation may be made where the Chief finds that there has been a violation of any provision of this chapter in the use, operation or control of said licensed taxicab or upon a finding that the taxicab has been used for any immoral or illegal business or purpose.
B. 
Any revocation or suspension may be appealed to the Village Board of Trustees within 20 days of date of notice of said action by the licensee. The sole issue for determination by the Village Board will be whether or not the Chief of Police had substantial evidence to support the suspension or revocation.
C. 
Upon revocation or suspension of a taxicab license, the holder shall, within five days of the date of written notice, surrender the license document to the Chief of Police.
D. 
A failure or refusal of the holder to immediately surrender such license document shall result in a bar to any application by said holder for a taxicab license for any motor vehicle for a period of two years from the date of revocation or suspension.
The Village 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 inspection made of such vehicle by or under the direction of the Chief of Police. Such record shall be open to inspection by the public at all reasonable times.
A. 
The taxicab licensee shall present the taxicab for inspection at such reasonable time and place as the Chief of Police may direct.
B. 
The Chief of Police shall direct an inspection of any licensed taxicab where a complaint of an individual is received indicating a likelihood of a violation of the maintenance provisions of this chapter.
The Chief of Police is authorized to promulgate regulations for the maintenance of licensed taxicabs. A copy of the regulations shall be provided to each licensed taxicab owner. The regulations shall be kept available for public inspection during regular business hours at the office of the Police Department. Licensed drivers and owners of licensed taxicabs shall comply with each such maintenance regulation.
A. 
Designation. Taxicab rates within the Village shall be furnished to each person to whom a license is issued for the transportation of persons as herein provided, and such rates shall be printed on a card or other method as said Board of Trustees shall designate.
B. 
Posting. Said rates so printed shall be posted in a conspicuous place in each vehicle licensed for the transportation of persons for hire.
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 anywhere in the Village, unless previously engaged or unable to do so.
No taxicab driver shall stop to pick up an additional passenger while en route to the destination of any passenger occupying the taxicab without the consent of such passenger or passengers.
When a passenger asks for a receipt, it shall be given to him by the taxicab 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.
Every license issued by the Chief of Police shall be issued upon the condition that (a) no charge shall be made for the transportation of persons within the Village by such licensee other than at the rate therefor which may, from, time to time, be fixed by the Board of Trustees, and (b) for trips to a point outside the Village, driver advise the passenger of the amount of the fare before beginning the trip.
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 forthwith to the police station and deposited with the officer in charge.
A. 
The Chief of Police is hereby authorized to designate the location of taxicab stands to meet the need and convenience of Village residents.
B. 
The Chief of Police is hereby authorized to promulgate regulations for the signage, use and maintenance of taxicab stands. Said regulations shall be kept available for public inspection during regular business hours at the offices of the Police Department.
C. 
Long Island Rail Road Station.
[Added 3-5-2012 by L.L. No. 1-2012; amended 3-3-2014 by L.L. No. 7-2014]
(1) 
A taxicab stand at the Long Island Rail Road Station, whether located on public or private property, shall include an office and a toilet facility available to taxicab drivers and the public 24 hours a day within 500 feet of the taxicab stand. Evidence to ownership, leasehold or licence of said office and toilet facility shall be presented to the Chief of Police before the issuance of a taxicab license containing authorization to use such taxicab stand.
(2) 
The application for a license under this subsection or for an endorsement on an existing license authorizing the use of the Long Island taxicab stand shall be accompanied by a) a radius map signed by a surveyor showing compliance with the five-hundred-foot office location requirement by setting forth the distance from a point of the taxicab stand nearest to the proposed office to that part of the proposed office door frame nearest the taxicab stand; and b) a professional's certification confirming that the office toilet facility is handicap accessible.
A. 
Noncompliance, by licensed drivers or holders of taxicab licenses, with provisions of this chapter, denominated §§ 224-13, 224-16, 224-17, 224-20, 224-22, 224-23, 224-25, 224-26, 224-28, 224-31, 224-36, 224-37, 224-38, 224-39, 224-40, 224-41, 224-42, 224-44, 224-45, 224-46 and 224-49 shall be deemed violations and shall be punishable by fines up to $500 per violation or by imprisonment for up to 15 days, or by such fine and imprisonment.
B. 
Licensed drivers or holders of taxicab licenses charged with noncompliance with the chapter sections referenced in Subsection A herein shall be assessed with an administrative penalty of $250 by the Chief of Police for each act of such noncompliance.
C. 
The license of a driver or taxicab license holder shall be suspended until said administrative penalty is paid to the Village of Lynbrook and delivered to the Lynbrook Police Department. The Police Department will provide a receipt evidencing the payment of such administrative penalty.