Unless otherwise expressly stated, whenever used in this chapter, the
following words and terms shall have the following meanings:
PERSON
Includes one or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies, and all other
entities of any kind capable of being sued.
STREET
Includes any public street, highway, road, avenue, alley or place.
TAXICAB
Includes any motor vehicle engaged in the business of carrying persons
for hire whether the same be operated from a street stand or subject to calls
from a garage, or otherwise operated for hire, except ambulances, vehicles
subject to the provisions of the Transportation Corporations Law or used by
undertakers in carrying on their business.
TAXICAB DRIVER
Any person who drives a taxicab, whether such person be the owner
of such taxicab or employed by a taxicab owner or operator.
TAXICAB LICENSE
Includes permission granted by the City of Canandaigua to any person
to operate or keep for hire any taxicab in such City.
TAXICAB OWNER
Includes any person, firm, association or corporation who or which
as owner of any motor vehicle causes or permits the same to be used as a taxicab.
TAXICAB STAND
Includes any place alongside the curb of a street or elsewhere which
is exclusively reserved by the Director of Public Safety for the use of taxicabs.
[Amended 3-28-1985; 10-24-1985; 7-1-1999
by Ord. No. 99-001]
No person shall drive a taxicab or permit any other person to drive
a taxicab upon any street within the City without such driver having obtained
and having in force and effect a taxicab driver's license issued under the
provisions of this chapter.
A. Taxicab driver's license application. Each applicant
for a taxicab driver's license must comply with the following requirements
to the satisfaction of the Director of Public Safety or his designee prior
to the issuance of a license:
[Amended 2-1-2007 by Ord. No. 2007-005]
(1) Chauffeur license. Be a duly licensed chauffeur authorized
to operate a vehicle in the State of New York pursuant to the Vehicle and
Traffic Law.
(2) Age. Be 18 years old or over.
(3) Physical condition. Be of sound mind and body and not
subject to epilepsy, vertigo, heart disease, or any other infirmity of mind
or body which might render the applicant incapable or unfit to safely operate
a taxicab for hire.
(4) Criminal record. Each applicant for a driver's license
must not have been convicted of:
[Amended 2-1-2007 by Ord. No. 2007-005]
(a) Any felony involving violence;
(b) Driving while ability impaired or under the influence of alcohol,
or illegal use or possession of drugs within the past 15 years;
(c) Any offense or crime involving dishonesty within the
past 10 years;
(d) Any other felony within the past five years;
(e) Any other misdemeanor within the past three years;
(f) Any other offense or violation, within the past one year, provided that the City Manager may, upon good cause shown, relieve an applicant from the disability listed in this Subsection
A(4)(f), but under no circumstances from a disability resulting from a conviction for any offense or crime listed in Subsection
A(4)(a),
(b),
(c),
(d) or
(e) above.
(5) Personal history statement. Shall complete, sign and
file a sworn statement on such form or forms as shall be required by the Director
of Public Safety, showing compliance with the requirements hereinabove set
forth and such other information as shall be deemed necessary and reasonable
by the Director of Public Safety in the interest of the public safety, health
and welfare. Such additional information that may be required by the Director
of Public Safety shall include, but not be limited to a statement giving the
full name and place of residence of the applicant for five years prior to
moving to the present address of the applicant, the applicant's age, height,
color of eyes and hair, place of birth, whether or not the applicant is a
citizen of the United States, whether married or single, places of previous
employment for the last five years, whether the applicant has ever been arrested
or convicted for commission of a felony or misdemeanor, whether he has been
previously licensed as a driver or a chauffeur and if so, whether his license
has been revoked and for what cause and the number of the chauffeur's license
issued by the state and such statement shall be signed and sworn to by the
applicant and filed with the Director of Public Safety. Any false statement
by the applicant for a driver's license shall be promptly reported by the
Director of Public Safety to the District Attorney of Ontario County. The
Director of Public Safety is hereby authorized and empowered to require such
additional information as he may deem necessary for the administration of
this chapter.
(6) Investigation. After receipt of an application, the Director
of Public Safety shall institute an investigation of the applicant. A background
check will be performed by the City of Canandaigua Police Department and Ontario
County Sheriff's Department. Each applicant for taxicab driver's license shall
furnish with such application at least two unmounted photographs of the applicant
two inches by three inches in dimension which shall be a recent photograph
and a substantial likeness. When the application form has been completed,
the applicant shall submit himself to the City of Canandaigua Police Department
to be fingerprinted. A copy of such fingerprints shall be forwarded to the
New York State Division of Criminal Justice Services requesting a fingerprint
search. The City shall secure from the applicant the required fee in the form
of a check or money order made payable, as required, to the "New York State
Division of Criminal Justice Services" in the amount of $12 to be forwarded
with such prints. No license shall be issued under the provisions of this
chapter until the Director of Public Safety has indicated, in writing, his
approval thereof after such investigation has been completed.
[Amended 2-1-2007 by Ord. No. 2007-005]
(7) Examination by Director. Each applicant for a taxicab
driver's license may be examined by the Director of Public Safety or some
person designated by the said Director as to the applicant's knowledge of
the provisions of this chapter, the traffic regulations of the City, the vehicle
and traffic laws of the state and the geography of the City.
[Amended 2-1-2007 by Ord. No. 2007-005]
(8) Medical examination. A medical examination form must
be completed by a licensed physician and submitted with each application.
[Amended 2-1-2007 by Ord. No. 2007-005]
B. Refusal of license. If the results of any of the examinations
are unsatisfactory in the opinion of the Director of Public Safety, the applicant
shall be refused a license. Such refusal by the Director of Public Safety
shall be subject to review by the City Council of the City of Canandaigua.
C. Issuance of taxi driver's license.
[Amended 2-1-2007 by Ord. No. 2007-005]
(1) Form and period of license. Upon the approval by the
Director of Public Safety for the taxicab driver's license in accordance with
the foregoing procedures, the Director is authorized to issue a taxi driver's
license to the applicant. The license shall be in a form to be prescribed
by the Director of Public Safety. Such license shall be rendered invalid if
defaced, altered or obliterated in any way, or if any entry is made thereon
by other than the Director of Public Safety or person duly authorized and
designated by him. Such license shall be for a period to expire on the 31st
day of December of the calendar year for which issued unless sooner suspended
or revoked.
(2) Renewals. Renewals shall be upon the same basis as a
new application, provided the application is filed not less than 30 days.
(3) Fees for driver's applications and licenses. Upon the
filing of an application and as partial reimbursement to the City for the
cost of investigation and processing of the taxicab driver's license, there
shall be paid $50 upon filing of an original application and $25 for the annual
application for renewal of an existing license which sum shall be paid by
check, cash or money order to the City of Canandaigua, which sum shall be
paid at the office of the Clerk/Treasurer. In the event that a taxicab driver's
license is granted pursuant to such application, there shall be no additional
charge but in the event that the license is denied, there shall be no entitlement
to reimbursement thereof.
(4) Replacement of lost license. In the event that a license
described in this chapter has been lost, destroyed or stolen or otherwise
requires physical replacement, the Director of Public Safety shall thereupon
cancel the particular license number on the records of the department and
upon the payment of a replacement fee of $10 issue to the licensee a new license.
[Amended 12-16-1999 by Ord. No. 99-007; 2-1-2007
by Ord. No. 2007-005]
No person who owns any motor vehicle shall cause or permit the same
to be used as a taxicab within the City without having obtained and having,
in full force and effect, a taxicab owner's license for such vehicle issued
under the provisions of this chapter.
A. Taxicab owner's license application. Application for
taxicab owner's licenses shall be made by the owner on forms to be furnished
by the Director of Public Safety. The completed application shall contain
or show the following:
(1) Owner information. The name, age and residence of the
person, or equivalent particulars, describing the business entity applying
for the license and what, if any, previous experience the applicant has in
such business and any other information that may be required by the Director
of Public Safety.
(2) Vehicle information. The number of motor vehicles owned
by the applicant to be used as taxicabs, a description thereof and the state
registration number of each vehicle.
(3) Prior license history of owner. Whether the owner has
been previously licensed to operate a taxicab in the City or elsewhere, and
if so, the particulars relating thereto.
(4) Prior license history of vehicle. Whether any license
to operate the taxicab has ever been revoked or suspended and, if so, the
particulars relating thereto.
(5) Vehicle inspection. No taxicab license shall be issued
until proof of a New York State inspection has been presented to the Director
of Public Safety with respect to its equipment according to the standards
of the Vehicle and Traffic Law of the State of New York without regard to
the time within which the State of New York would ordinarily require the inspection
of said vehicle, and that the said vehicle has been duly certified by the
authorized inspection station to have the required equipment and be in the
required condition for the issuance of the state motor vehicle registration
for such vehicle. Upon the expiration of the New York State inspection, which
occurs during the license period, proof of a new New York State inspection
must be presented to the Director of Public Safety. If a valid New York State
inspection is not received by the Director of Public Safety, the taxicab owner's license will be revoked.
B. Qualifications for issuance of taxicab owner's license.
Upon completion of the investigation aforesaid, the Director of Public Safety
is authorized to issue a taxicab license if he determines that:
(1) The applicant has not made any material false statement
or concealed any material fact in connection with his application.
(2) Neither the applicant, any officer, director, stockholder
or person directly or indirectly interested in the application, was the former
holder or was an officer, director, stockholder or partner in a corporation
or a partnership which was the former holder of a taxicab license which had
been revoked or suspended.
(3) Neither the applicant, any officer, director, stockholder
or person directly or indirectly interested in the application, partner, or
employee has been convicted of:
(a) Any offense or crime involving violence, indecency, degeneracy,
crime involving moral turpitude, or illegal use or possession of drugs;
(b) Any offense or crime involving dishonesty, deceit, or
gambling within the past 10 years;
(c) Any offense or crime involving driving while ability
impaired or under the influence of alcohol within the past eight years;
(d) Any felony within the past five years;
(e) Any misdemeanor within the past three years;
(f) Any other offense or violation, within the past one year, provided that the City Manager may, upon good cause shown, relieve an applicant from the disability listed in this Subsection
B(3)(f), but under no circumstances from a disability resulting from a conviction for any offense or crime listed in Subsection
B(3)(a),
(b),
(c),
(d) or
(e) above.
(4) The applicant is the true owner of the vehicle.
C. General ground for refusal. In addition, the taxicab
owner's license may be refused for any reason which in the opinion of the
Director of Public Safety may be deemed detrimental to the best interest of
the general public both in welfare and safety, provided that in the making
of such determination, the Director of Public Safety shall set forth his specific
reasons for such disapproval. Such refusal by the Director of Public Safety
shall be subject to review by the City Council of the City of Canandaigua.
D. Renewals of taxicab owner's licenses. The same procedures
shall be followed as for original applications.
E. Taxicab owner's license fees. There shall accompany each
application for a taxicab owner's license, cash, check or money order made
to the order of the City of Canandaigua in the amount of $30 for each vehicle
to be used as a taxicab to be paid at the office of the Clerk/Treasurer, which
shall be a partial reimbursement to the City for the cost and expense for
processing and the investigation thereof. In the event of the disapproval
of any such application, there shall not be any entitlement to the reimbursement
of any part of the fees. The fee for any such license shall be $30 per vehicle
per calendar year.
F. Substitution of vehicle without change of owner. If during
a calendar year, an owner licensee desires to substitute a vehicle for the
one that has been licensed, he shall make application on a form provided therefor
by the Director of Public Safety and upon the payment of a processing fee
of $10, payable as aforesaid, at the time of making the application. The vehicle
may be substituted, provided there is furnished proof that the said vehicle
has within the 30 days last past been inspected with respect to its equipment
according to the standards of the Vehicle and Traffic Law of the State of
New York without regard to the time within which the State of New York would
ordinarily require the inspection of said vehicle, and that the said vehicle
has been duly certified by the authorized inspection station to have the required
equipment and be in the required condition for the issuance of the state motor
vehicle registration for such vehicle.
G. Substitution of owner. No license is assignable.
[Amended 3-5-1998 by Ord. No. 98-004]
Legislative findings. It is hereby determined by the City Council of
the City of Canandaigua that the maximum number of taxicabs needed to service
the public within the City is 25. Unless and until changed by ordinance, the
Director of Public Safety or his designee shall not issue taxicab owner's
licenses for more than that number. The maximum number of taxicabs to be licensed
by any one taxicab company will be 15. Priority shall be given first to those
holding licenses but after the expiration date of any such licenses which
are not renewed, or after cancellation and revocation as herein provided,
then licenses shall be issued to any new applicants in the order of the time
of filing of their applications.
All records pertaining to the issuance of licenses under this chapter
and the records of all hearings conducted herein shall be maintained by the
Director of Public Safety in the office of the Clerk/Treasurer.
Any person, owner or driver who operates a taxicab in violation of any
provision of this chapter shall, upon conviction, be punished by a fine of
not more than $250, or imprisonment not exceeding 15 days, or by both such
fine and imprisonment. A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
All taxicab driver and taxicab licenses issued by the City of Canandaigua
in effect on the effective date of this chapter are expressly continued in
effect until the expiration dates provided for therein or under the ordinance
heretofore authorizing such licenses, subject to suspension, cancellation
or revocation hereunder and subject to criminal penalties set forth herein
for violations of this chapter.
Nothing in this chapter contained shall affect the prosecution of or
proceeding against any person or persons for any violation existing at the
time this chapter shall take effect.
Except as otherwise expressly provided, this chapter shall take effect
May 12, 1972.