The Board of Trustees of the Village of Great
Neck Plaza hereby finds that the taxicab industry in the Village is
vested with a public interest because it is a vital and integral part
of the transportation facilities of the Village of Great Neck Plaza.
For that reason, the Board of Trustees has determined that its regulation
and control is necessary.
The following terms, when used in this chapter,
shall mean:
APPLICANT
The entity or individual that is applying for a medallion
or a driver's license. If the owner of a taxicab is a corporation,
partnership, unincorporated association or business entity other than
an individual, then the term "applicant" shall refer to such entity.
DRIVER or OPERATOR
Any person licensed under this chapter to drive a taxicab
in the Village of Great Neck Plaza.
DRIVER'S LICENSE
The license for a driver issued by the Taxi Commissioner
of the Village or his designee.
HACK STAND
The space reserved upon the public highways and streets of
the Village for the exclusive use of those taxicabs which have been
issued a medallion by the Village.
MEDALLION
The license, issued by the Taxi Commissioner, authorizing
a vehicle to be operated as a taxicab within the Village.
OPERATE or DRIVE
The driving of taxicabs for hire within the Village or soliciting
therefor on private property or on public highways.
OWNER
The individual or entity that owns a taxicab. An "owner"
shall include not only persons, firms, partnerships, corporations
or associations owning a taxicab or taxicabs but shall also include
a purchaser under a reserve title contract, conditional sales agreement
or vendor's lien agreement and the leasing of any such vehicle or
vehicles under a written lease or similar contract, provided that
such purchaser or lessee shall be entitled to obtain in his name a
license or licenses therefor from the Commissioner of Motor Vehicles
of the State of New York.
TAXICAB
A vehicle driven by mechanical power used in the business
of transporting passengers for compensation in the Village.
TAXI COMMISSIONER
That member of the Village Board of Trustees who shall be
designated by the Mayor to supervise the licensing and operation of
taxicabs within the Village.
VILLAGE
The Village of Great Neck Plaza.
ZONE
The area within and outside of the Village established by
the Board of Trustees for the purpose of determining the rates to
be charged for the hiring of taxicabs licensed by said Village.
The fee for each medallion, when initially issued
to an applicant or when issued after the sale of a taxicab by one
owner to another, shall be $100. The fee for the renewal of a medallion
shall be $20.
Every holder of a medallion shall comply with
the following requirements:
A. Designation of owner-operators. The owner of a taxicab
which has been issued a medallion by the Village shall designate a
single individual as the operator of said taxicab. If an individual
is the owner of a taxicab, then such individual must be designated
as the operator of said taxicab. If a corporation is the owner of
a taxicab, then a shareholder of said corporation shall be designated
as the operator of said taxicab. If a partnership or unincorporated
association is the owner of a taxicab, then a member of said partnership
or association shall be designated as the operator of said taxicab.
B. Use of medallions.
(1) Each taxicab issued a medallion by the Village shall
maintain continuous service at a hack stand within the Village on
at least six days each week between the hours of 7:00 a.m. and 2:00
a.m., for a total of at least 40 hours of service per week.
(2) In computing the hours of service, only the time spent
actually waiting for fares at the hack stand or driving a passenger
picked up at the hack stand and then returning to the hack stand after
driving that fare shall be included.
(3) These service requirements shall not apply if a taxicab
fails to operate because of strike, riot, war or other public catastrophe,
or because of the verified illness of the operator for a reasonable
period of time, or because of the annual vacation of an operator of
a taxicab, which shall not exceed three weeks in any single year.
(4) If a taxicab will not be able to service the hack
stand for a continuous period of five or more consecutive days, e.g.,
because of the vacation or prolonged illness of the operator, then
the owner of the medallion shall promptly notify the Taxi Commissioner
of said fact, in writing.
(5) Any owner who has sold a taxicab which has been issued
a medallion by the Village shall replace such taxicab within 30 days
from the date of sale.
C. Display of information.
(1) The taxicab medallion and the driver's license of
the operator shall be conspicuously displayed on the right front visor
or on the right front dashboard of the taxicab, facing the passengers
during all periods of the operation of the taxicab so that it is at
all times clearly visible and readily observable by all passengers
using said vehicle, and displayed in such other location and manner
as may be hereafter be required by the Village Clerk. Neither the
medallion nor the driver's license shall be defaced, and all information
contained thereon must be legible so that all passengers may read
said information.
[Amended 7-17-1996 by L.L. No. 5-1996]
(2) There shall be displayed and securely affixed on the
roof of every taxicab that has been issued a medallion by the Village
a plastic dome or other comparable attachment which has printed and
displayed thereon the words "Licensed by Village of Great Neck Plaza"
in such a manner as to be visible at all times. Such dome and the
printing thereon are subject to the regulations of the Board of Trustees.
(3) All vehicles licensed to operate within the Village
are required either to display the Official Rate Card Map designating
and describing the rate zones approved by the Board of Trustees or
to have such Official Rate Card Map available for display to customers
upon request. In the event that the Official Rate Card Map is not
physically displayed to passengers, then there shall be displayed,
either on the right front visor or on the right front dashboard, a
notice clearly visible to all passengers which states as follows:
"OFFICIAL RATE CARD MAP AVAILABLE UPON REQUEST."
(4) All vehicles licensed to operate within the Village
are required to have affixed in a conspicuous place on the left side
of the front and rear bumpers of the vehicle a decal in a form approved
by the Village Clerk indicating that a valid medallion has been issued
for such vehicle by the Village.
[Added 7-17-1996 by L.L. No. 5-1996]
D. Inspection and insurance.
(1) Prior to the issuance or renewal of a medallion hereunder,
the owner must file with the Village Clerk a valid and properly executed
and stamped certificate of a licensed New York State motor vehicle
inspection station, dated no more than 30 days prior to the date of
its filing, certifying that the vehicle for which a medallion is requested
complies with all the safety and inspection requirements of New York
State.
(2) Certificate of insurance.
[Amended 5-6-1998 by L.L. No. 6-1998]
(a)
Prior to the issuance or renewal of a medallion
hereunder, the owner must provide the Village Clerk a certificate
of insurance which demonstrates that the licensed taxicab is insured
against public liability in a minimum amount equal to the greater
of:
[1]
Twenty-Five Thousand Dollars for injury to one
person, $50,000 in connection with any one accident and $10,000 coverage
for property damage; or
[2]
Any such amounts for the above-described coverage
as shall now or hereafter be required by the laws and regulations
of the State of New York.
(b)
Said certificate of insurance shall require
that the Village Clerk receive 10 days' prior written notice of cancellation
or amendment of said policy.
(3) The Taxi Commissioner, after a visual inspection,
may require an inspection and the filing of a certificate of inspection
at any time if he determines that the vehicle poses a threat to the
safety, comfort or well-being of the public. Unless such a certificate
of inspection is filed as required herein, the medallion for the vehicle
in question, regardless of the condition of such vehicle, shall be
suspended without further action of the Village until such time as
an inspection certificate required herein is so filed with the Village
Clerk.
(4) Each owner shall take all necessary and reasonable
measures to ensure that the interior of the taxicab is maintained
in a clean and odor-free condition and that the exterior of the taxicab
is neatly painted and free of excessive dents or rust.
(5) Each owner shall comply with such other rules and regulations as may be prescribed by the Board of Trustees or the Taxi Commission in the interest of providing safe transportation for the public; shall exhibit to the Taxi Commissioner or his designees any documents necessary to ascertain whether the provisions of this chapter have been satisfied; shall allow the Taxi Commissioner or his designees to inspect the licensed taxicab in order to ensure compliance with the provisions of this chapter; and shall, when notified by the Taxi Commissioner or his designees, attend any hearing held pursuant to §
197-16 of this chapter and present relevant evidence in connection therewith.
E. Unlawful agreements. No owner of a taxicab for which
a medallion has been issued by the Village shall have or make any
contract or agreement with any owner of any hotel, apartment house,
restaurant or cafe or with the agent or employees of such places,
by which the owner shall agree to solicit the patronage of any passenger
for any such hotel, apartment house, restaurant or cafe.
F. Every vehicle licensed to operate within the Village
is required to have available for use by it at least one federally-approved
child car seat for use by a child passenger. If a passenger group
requires more than one such car seat for its child passengers, and
such additional seats are not available to said vehicle, then the
passenger may decline to utilize said vehicle and may use the next
vehicle available either at a designated hack stand or by dispatch
which has the requisite number of child car seats.
[Added 7-17-1996 by L.L. No. 5-1996]
[Amended 8-6-1997 by L.L. No. 6-1997]
The following fees shall be paid at the time
of the filing of an application for issuance of a driver's license:
A. Fifty dollars for each original license.
B. Thirty dollars for each renewal license.
C. Fifteen dollars for each replacement license.
Each driver licensed by the Village shall comply
with the following requirements:
A. Use.
(1) Each taxicab issued a medallion by the Village shall
maintain continuous service at a hack stand within the Village on
at least six days each week between the hours of 7:00 a.m. and 2:00
a.m., for a total of at least 40 hours of service per week.
(2) In computing the hours of service, only the time spent
actually waiting for fares at the hack stand or driving a passenger
picked up at the hack stand and then returning to the hack stand after
driving that fare shall be included.
(3) These service requirements shall not apply if a taxicab
fails to operate because of strike, riot, war or other public catastrophe,
or because of the verified illness of the operator for a reasonable
period of time, or because of the annual vacation of an operator of
a taxicab, which shall not exceed three weeks in any single year.
(4) If a driver will not be able to service the hack stand
for a continuous period of five or more days, e.g., due to vacation
or prolonged illness, then the driver shall promptly notify the Taxi
Commissioner of said fact, in writing.
B. Display of information.
(1) The taxicab medallion and the driver's license of
the operator shall be conspicuously displayed on the right front visor
or on the right front dashboard of the taxicab, facing the passengers
during all periods of the operation of the taxicab so that it is at
all times clearly visible and readily observable by all passengers
using said vehicle, and displayed in such other location and manner
as may hereafter be required by the Village Clerk. Neither the medallion
nor the driver's license shall be defaced, and all information contained
thereon must be legible so that all passengers may read said information.
[Amended 7-17-1996 by L.L. No. 5-1996]
(2) There shall be displayed and securely affixed on the
roof of every taxicab that has been issued a medallion by the Village
a plastic dome or other comparable attachment which has printed and
displayed thereon the words "Licensed by Village of Great Neck Plaza"
in such a manner as to be visible at all times. Such dome or roof
light and the printing thereon are subject to the regulations of the
Board of Trustees.
(3) All vehicles licensed to operate within the Village
are required either to display the Official Rate Card Map designating
and describing the rate zones approved by the Board of Trustees or
to have such Official Rate Card Map available for display to customers
upon request. In the event that the Official Rate Card Map is not
physically displayed to passengers, then there shall be displayed,
either on the right front visor or on the right front dashboard, a
notice clearly visible to all passengers which states as follows:
"OFFICIAL RATE CARD MAP AVAILABLE UPON REQUEST."
(4) All vehicles licensed to operate within the Village
as required to have affixed in a conspicuous place on the left side
of the front and rear bumpers of the vehicle a decal in a form approved
by the Village Clerk indicating that a valid medallion has been issued
for such vehicle by the Village.
[Added 7-17-1996 by L.L. No. 5-1996]
C. Unlawful agreements. No driver licensed by the Village
shall have or make any contract or agreement with any owner of any
hotel, apartment house, restaurant or cafe or with the agent or employees
of such places, by which the driver shall agree to solicit the patronage
of any passenger for any such hotel, apartment house, restaurant or
cafe.
D. Manner of operation. Each person driving a vehicle
licensed hereunder shall:
(1) Not refuse or neglect to convey in the Village any
orderly person or persons upon request unless previously engaged or
unless forbidden to do so by the provisions hereof.
(2) Thoroughly search the interior of the vehicle after
termination of each trip for any article left or lost in the vehicle
and take any such property immediately to the station house or booth
in the precinct where the passenger or passengers were discharged.
(3) Report all accidents as required by the Vehicle and
Traffic Law.
(4) Report each change of residence within 48 hours to
the Village Clerk.
(5) Answer all communications and summonses received from
the Taxi Commissioner or Police Department.
(6) Not operate any taxicab while his driver's license
of chauffeur's license is suspended or revoked.
(7) Keep the interior of the vehicle clean and odor-free.
(8) Shut off the engine when the vehicle is parked and
not run the same while the vehicle is so standing unless necessary
to warm the engine in cold weather.
(9) Give a receipt for fares on the authorized form when
requested.
(10)
Not charge, suggest or demand that any passenger
or prospective passenger pay a rate of fare larger than that established
by the Board of Trustees for the transporting of such passenger within
or to the rate zone in which his or her destination is located.
(11)
Be courteous, dress neatly and not use profane
language.
(12)
Exhibit to the Taxi Commissioner or his designees any documents necessary to ascertain whether the provisions of this chapter have been satisfied; allow the Taxi Commissioner or his designees to inspect the licensed taxicab in order to ensure compliance with the provisions of this chapter; and, when notified by the Taxi Commissioner or his designees, attend any hearing held pursuant to §
193-16 of this chapter and present relevant evidence in connection therewith.
E. Expressage. The driver may carry packages or parcels
where the merchandise is accompanied by a passenger or passengers
but shall refuse to carry such packages or parcels where the contents
will cause the vehicles to become stained or evil smelling. Nothing
herein contained, however, shall be interpreted as permitting the
hiring of such vehicles for expressage purposes only.
F. Safe driving and traffic accidents. A taxi driver
licensed by the Village shall at all times operate the vehicle in
a safe and lawful manner, which shall include, but not be limited
to, compliance with the following provisions:
[Added 8-21-2002 by L.L. No. 5-2002]
(1) A taxi driver licensed by the Village shall not operate
the taxicab in such manner or at a speed which unreasonably endangers
users of other vehicles, pedestrians or passengers.
(2) A taxi driver licensed by the Village shall operate
the taxicab at all times in full compliance with all New York State
traffic laws, rules and regulations and all rules, regulations and
procedures of any regulatory body or governmental agency having jurisdiction
over motor vehicles, with respect to matters not otherwise specifically
covered in these rules. Violations of the foregoing laws, rules and
regulations shall constitute violation of this provision and shall
be classified as follows:
(a)
Laws, rules or regulations governing stationary
vehicles.
(b)
Laws, rules or regulations governing moving vehicles, other than hazardous moving violations defined by Subsection
F(2)(c).
(c)
Laws, rules or regulations governing moving
vehicles which involve hazardous moving violations, defined as follows:
[2]
Failing to stop for school bus;
[5]
Driving in wrong direction;
[6]
Failing to yield right-of-way;
[7]
Traffic signal violation;
[10] Railroad crossing violation;
[14] Leaving scene of an accident involving
property damage or injury to animal;
[15] Driving while Intoxicated or under
the influence of alcohol or other controlled substance.
(3) A taxi driver licensed by the Village who, knowingly
or having cause to know that personal injury has been caused to another
person or that damage has been caused to the property of another person
due to an accident involving the driver's taxicab, shall, before leaving
the place where said damage or injury occurred, stop, exhibit to such
other person his or her state driver's license and vehicle registration,
and give to such other person his or her name, taxicab medallion number,
insurance carrier and insurance policy number.
[Amended 9-20-1995 by L.L. No. 5-1995; 10-4-2000 by L.L. No.
9-2000]
A. No taxi having a medallion issued by the Village shall
make or attempt to make any greater charge than at the rates of fare
set forth below for the carriage or transportation of passengers who
are either picked up anywhere within the Village of Great Neck Plaza
and discharged at or transported to any place within the zones or
territory in the Great Neck Peninsula set forth in the Zone Map (which
is appended to this chapter as Exhibit A and is made a part hereof
and a copy of which is also available at the Village Hall), or picked up at any place within the zones or territory
in the Great Neck Peninsula set forth in the Zone Map and discharged
at or transported to any place within the Village of Great Neck Plaza.
Except as set forth below, these rates shall apply regardless of whether
such taxi picks up the passenger at a designated hack stand or as
a result of a radio dispatch or telephone solicitation.
B. The maximum fare, by zones, for persons other than
senior citizens shall be as follows:
[Amended 8-4-2004 by L.L. No. 6-2004; 7-16-2008 by L.L. No.
4-2008; 1-19-2022 by L.L. No. 1-2022]
(1) Effective
February 1, 2022:
Zone
|
Maximum Fare
|
---|
Zone 1 (without crossing into any other zone)
|
$3.75
|
Zone 2
|
$5.00
|
Zone 3
|
$5.50
|
Zone 4
|
$6.00
|
Zone 5
|
$6.50
|
Zone 6
|
$7.00
|
Zone 7
|
$7.75
|
Zone 8
|
$8.75
|
(2) Effective
February 1, 2023:
Zone
|
Maximum Fare
|
---|
Zone 1 (without crossing into any other zone)
|
$4.00
|
Zone 2
|
$5.50
|
Zone 3
|
$6.00
|
Zone 4
|
$6.50
|
Zone 5
|
$7.00
|
Zone 6
|
$7.75
|
Zone 7
|
$8.50
|
Zone 8
|
$9.50
|
(3) Effective
February 1, 2024:
Zone
|
Maximum Fare
|
---|
Zone 1 (without crossing into any other zone)
|
$4.50
|
Zone 2
|
$6.00
|
Zone 3
|
$6.50
|
Zone 4
|
$7.00
|
Zone 5
|
$7.75
|
Zone 6
|
$8.50
|
Zone 7
|
$9.25
|
Zone 8
|
$10.50
|
C. Senior citizens.
[Amended 8-4-2004 by L.L. No. 6-2004; 7-16-2008 by L.L. No.
4-2008]
(1) The maximum fare rate for senior citizens holding
any senior citizen identification card will be $0.50 less than each
of the rates set forth above.
[Amended 1-19-2022 by L.L. No. 1-2022]
(2) In addition, any person 65 years of age or older who
has a "Senior Span" card issued by the Village shall be entitled to
an additional discount of $0.50 off the above rates.
D. When it is necessary to enter a dead-end street from
a zone-line road, the higher zone rate will prevail.
E. All fares for rides originating and ending within
Zone 1, and not crossing into any other zone, will be subject to the
Zone 1 rate.
F. The maximum rates as set forth in Subsections
B and
C shall be increased by $1 for taxi rides commencing between the hours of 10:00 p.m. and 5:00 a.m.
G. The maximum rates as set forth in Subsections
B and
C above shall apply to the first passenger to be taken to a given destination. The fare charged for each additional passenger in the same party to the same destination shall be $3, except that, in all rides ending or originating in Zone 1 which include a senior citizen, the fare for any additional passenger shall only be $2.
[Amended 8-4-2004 by L.L. No. 6-2004; 7-16-2008 by L.L. No.
4-2008]
H. If, within five minutes of the scheduled arrival of
a train at the LIRR station in the Village, a passenger requests not
to share a taxi with another party, and if the taxi driver reasonably
believes that there are sufficient other taxis available to provide
service to all passengers at the LIRR station needing taxi transportation,
then said passenger shall not be required to share a taxi, provided
said passenger pays an additional charge of $7 above the otherwise
applicable maximum fare.
[Amended 8-4-2004 by L.L. No. 6-2004; 7-16-2008 by L.L. No.
4-2008]
I. In addition to the maximum fares set forth above,
an additional charge of up to $9 maximum for each 15 minutes of waiting
time is authorized.
[Amended 8-4-2004 by L.L. No. 6-2004; 7-16-2008 by L.L. No.
4-2008]
J. No additional charge is authorized for the carriage
of luggage or suitcases unless a station wagon or town car is required
for the carriage of such baggage, in which event an additional fee
of $10 for a station wagon and $10 for a town car is authorized.
[Amended 8-4-2004 by L.L. No. 6-2004; 7-16-2008 by L.L. No.
4-2008]
K. The maximum fares set forth above in Subsections
B and
C, together with the Zone Map, and the availability of the discounted senior citizen rates, shall be made known to all taxicab passengers by posting, in a prominent location in each taxicab having a medallion issued by the Village, a notice stating "Senior Discount-50 Cents, Rate Map Available on Request," in the form attached hereto as Exhibit B, and by having available within the taxicab at all times
a sufficient number of copies of the Zone Map for distribution to
passengers upon request, in the form attached hereto as Exhibit A, or in such other manner as shall hereinafter be approved
by the Board of Trustees.
L. Temporary
rate surcharge.
[Added 7-6-2022 by L.L. No. 4-2022]
(1) As of the date of the adoption of this subsection, the average price of a gallon of regular gasoline (inclusive of taxes) on Long Island is approximately $5 per gallon. Based on this price level, a gasoline rate surcharge of $0.25 per ride is immediately authorized to be charged in addition to the Zone 1 fares set forth above in Subsections
B and
C, and a gasoline rate surcharge of $0.50 is immediately authorized to be charged in addition to the fares set forth above in Subsections
B and
C for all other zones.
(2) If the average price of a gallon of regular gasoline (inclusive of taxes) on Long Island hereafter decreases to approximately $4 per gallon (i.e., within 2% of such amount) and remains at such level for at least two weeks, the Taxi Commissioner is authorized, in his sole and absolute discretion, to eliminate and/or modify the amount of the gasoline rate surcharge for some or all of the zones set forth above in Subsections
B and
C.
(3) No gasoline rate surcharge is authorized to be charged above the rates set forth above in Subsections
B and
C if the average price of a gallon of regular gasoline (inclusive of taxes) on Long Island hereafter decreases to approximately $3 per gallon (i.e., within 2% of such amount) and remains at such level for at least two weeks.
(4) The
Taxi Commissioner shall notify taxicab owners and drivers, in writing,
of a) this initial authorization to impose gasoline rate surcharges
and b) all subsequent changes in the amount of the authorized gasoline
rate surcharges, and these notices shall be posted in a prominent
location in each taxicab having a medallion issued by the Village.
(5) The
authorization for a gasoline rate surcharge as set forth in this subsection
is temporary and shall expire on December 31, 2022, unless the Village
Board of Trustees hereafter determines by resolution to extend this
authorization for an additional period of up to six months.
[Added 8-21-2002 by L.L. No. 5-2002]
A. Fingerprinting required.
(1)
Effective September 1, 2002, at such time as any person submits an initial application for a taxi medallion under §
193-4 of this chapter, there shall be also submitted a set of fingerprints for each person identified in §
193-4C(1) of this chapter.
(2)
Effective September 1, 2002, at such time as any person submits an initial application for a taxi driver's license under §
193-10 of this chapter, then such applicant shall also submit a set of fingerprints.
(3)
At such other time as the Taxi Commissioner
of the Village determines that there is good cause or appropriate
circumstances which warrant the submission of a set of fingerprints
by any holder of a taxi medallion or taxi driver's license issued
by the Village, then the Taxi Commissioner shall be authorized to
direct the taking of a set of fingerprints from said persons for review
and analysis as set forth below.
B. The fingerprints referenced in Subsection
A above shall be submitted on forms/cards approved or provided by the Division of Criminal Justice Services of the State of New York (DCJS) and shall be promptly transmitted by the Village to DCJS so that DOS can verify the identity of the persons submitting said fingerprints and can obtain all other available information about the prior criminal history of said persons. Fingerprints submitted to DCJS may be retained by DCJS in accordance with the rules and procedures of DCJS.
C. In addition to the fees required under §§
193-5 and
193-12 of this chapter, the applicant seeking the initial issuance of a tax medallion or driver's license shall be responsible for paying all fees relating to the taking and analysis of the fingerprints referenced in Subsection
A above, including all fees imposed by DCJS.
D. The Taxi Commissioner of the Village, or such other Village employee specifically designated by him, shall have the responsibility for taking the fingerprints referenced in Subsection
A above, for transmitting such fingerprints and the required fees to DCJS, and for reviewing the information provided by DCJS after review and analysis of the submitted fingerprints.
E. No initial application for a taxi medallion or driver's license pursuant to §
193-4 or
193-10 of this chapter shall be granted by the Village prior to receipt and review of a report from DCJS after analysis of the submitted fingerprints.
F. An application for issuance of a taxi medallion or
driver's license shall not be denied by reason of the applicant's
having been previously convicted of one or more criminal offenses,
or by reason of a finding of lack of good moral character, unless
such denial is authorized under the provisions of Article 23-A of
the Correction Law of the State of New York.
G. The Village shall enter into a written agreement with
DCJS for the purpose of implementing this section. If DCJS is unable
or unwilling to enter into such an agreement, then the Village may
enter into an agreement for these purposes with another appropriate
governmental entity, and the references to "DCJS" in this section
shall be deemed to refer to such other governmental entity.
[Amended 5-17-1989 by L.L. No. 3-1989]
A. Any owner of a medallion and any driver licensed by the Village shall be subject to civil and administrative penalties for the reasons listed in Subsection
B. Such penalties may consist of any or all of the following:
(1) Suspension of a medallion or a driver's license for
a specified period of time.
(2) Revocation of a medallion or driver's license.
(3) Fines in an amount not exceeding $250.
B. The penalties described above may be imposed, for
any or all of the following reasons (referred to hereinafter as "violations"):
(1) Fraud, misrepresentation or false statement contained
in the application for the driver's license or medallion.
(2) The violation of any provision of this chapter.
(3) Conviction of any crime or misdemeanor involving:
(a)
The use of a vehicle by the applicant within
the last three years.
(b)
The manufacture, known transportation, possession,
sale or habitual use of amphetamines, a narcotic drug, a formulation
of an amphetamine or a derivative of a narcotic drug.
(c)
The operation of a vehicle while under the influence
of alcohol, an amphetamine, a narcotic drug, a formulation of an amphetamine
or a derivative of a narcotic drug.
(d)
Leaving the scene of an accident.
(e)
A crime against or involving children.
(f)
A crime involving the passengers of a taxicab.
(g)
Assault, battery or other violent conduct toward
persons.
(4) Any other conduct which demonstrates unfitness to
own or drive a taxi for hire within the Village.
(5) Conduct demonstrating a history of unsafe and unlawful
operation of a motor vehicle, which shall be demonstrated by, among
other things, the accumulation of 12 points or more within any twenty-four-month
period, where points are ascribed as follows:
[Added 8-21-2002 by L.L. No. 5-2002]
Code Reference
|
Points
|
Reference Description
|
---|
§ 193-16F(2)(c)[15]
|
8
|
Driving while intoxicated or under the influence
of alcohol or other controlled substance
|
§ 193-16F(1)
|
4
|
Reckless driving
|
§ 193-16(F)(2)(c)[1]
|
3
|
Speeding, 1 to 10 miles above posted speed limit
|
§ 193-16F(2)(c)[1]
|
4
|
Speeding, 11 to 20 miles above posted speed
limit
|
§ 193-16F(2)(2)(c)[1]
|
5
|
Speeding, 21 to 30 miles above posted speed
limit
|
§ 193-16F(2)(c)[1]
|
6
|
Speeding, 31 miles or more above posted speed
limit
|
§ 193-16F(2)(c)[2]
|
5
|
Failing to stop for school bus
|
§ 193-16F(2)(c)[3]
|
3
|
Following too closely
|
§ 193-16F(2)(c)[5]
|
3
|
Driving in wrong direction
|
§ 193-16F(2)(c)[6]
|
3
|
Failing to yield right-of-way
|
§ 193-16F(2)(c)[7]
|
3
|
Traffic signal violation
|
§ 193-16F(2)(c)[8]
|
3
|
Stop sign violation
|
§ 193-16F(2)(c)[9]
|
3
|
Yield sign violation
|
§ 193-16F(2)(c)[10]
|
3
|
Railroad crossing violation
|
§ 193-16F(2)(c)[11]
|
3
|
Improper passing
|
§ 193-16F(2)(c)[12]
|
3
|
Unsafe lane change
|
§ 193-16F(2)(c)[13]
|
3
|
Driving left of center
|
§ 193-16F(2)(c)[14]
|
3
|
Leaving scene of an accident involving property
damage or injury to animal
|
§ 193-16F(3)
|
3
|
Failure to stop after an accident
|
§ 193-16F(2)(a)
|
2
|
Blocking a fire hydrant or fire lane
|
§ 193-16F(2)(a)
|
2
|
Parking in a handicapped spot
|
§ 193-16F(2)(b)
|
2
|
All other moving violations
|
§ 193-16F(2)(a)
|
1
|
All other parking violations
|
C. Except as set forth in Subsection
D below, the above-listed penalties shall be imposed in accordance with the following procedures:
(1) After receipt of a written complaint or after receipt
of other information indicating that a violation may have occurred,
by a licensed owner or driver, the Taxi Commissioner shall determine
whether an enforcement proceeding under this section shall be initiated.
(2) In order to assist him in determining whether or not
to commence an enforcement proceeding under this section, and/or in
the event that an alleged violation may be subject to informal resolution,
the Taxi Commissioner, at his discretion, may schedule an informal
conference with an alleged violator prior to the issuance of a formal
written notice of violation. Attendance at such an informal conference
by an alleged violator shall not be mandatory.
(3) If the Taxi Commissioner determines that an enforcement
proceeding under this section should be initiated, then he shall provide
the alleged violator with a written notice of violation setting forth
the alleged violation as well as the range of penalties which may
be imposed if the violation is determined to have occurred. The written
notice of violation will also inform the alleged violator: that he
or she has the right to a hearing concerning the alleged violation,
which hearing must be requested in writing within 15 days; and that,
at such hearing, the alleged violator shall have the right to have
counsel present, to cross-examine witnesses and to record the proceedings
at his or her own expense.
(4) If the alleged violator requests a hearing in writing
within 15 days of the written notice of violation, then the Taxi Commissioner
shall schedule such a hearing. In cases where the Taxi Commissioner
seeks to impose a penalty of only a fine, the hearing may be held
before the Taxi Commissioner. In all other cases, the hearing shall
be conducted before an impartial hearing officer to be designated
by the Village Board of Trustees, other than the Taxi Commissioner.
(5) If the alleged violator fails to request a hearing
or affirmatively indicates that he or she does not wish a hearing,
then the Taxi Commissioner may, without a hearing, adjudicate the
violation and impose a penalty based on the information available
to him or may, in his discretion, schedule a hearing either before
himself or a hearing officer designated by the Board of Trustees,
depending on the penalty sought to be imposed.
(6) After any hearing before a hearing officer designated
by the Board of Trustees, the hearing officer shall render a written
decision setting forth findings of fact relating to the alleged violation
and recommending an appropriate authorized penalty. Such written decision
shall be forwarded to the Village Board of Trustees. Based upon such
decision of the hearing officer, the Village Board of Trustees (other
than the Taxi Commissioner) shall make a determination concerning
the alleged violation and shall, if they deem appropriate, impose
an authorized penalty for any violation found to have occurred, which
need not be the penalty recommended by the hearing officer.
(7) If the facts underlying the alleged violation are
also the subject of a pending criminal investigation or proceeding,
then the Taxi Commissioner may postpone the holding of any hearing
until a reasonable time after final disposition of the criminal investigation
or proceeding.
(8) In the event that no hearing is held and a penalty
is imposed by the Taxi Commissioner without a hearing, or in the event
that a hearing is held before the Taxi Commissioner, the determination
of the Taxi Commissioner concerning the violation and the penalty
imposed shall be final, subject to judicial review. In the event that
a hearing is held before a hearing officer designated by the Board
of Trustees who forwards a written decision to the Board, then such
action shall not be final for purposes of judicial review until imposition
of a penalty by the Board of Trustees.
D. If the Taxi Commissioner has reasonable cause to believe
that the owner of a medallion or the holder of a driver's license
has engaged in conduct that, if true, would justify the suspension
and/or revocation of the license or medallion, and if he also determines
that emergency action is required to protect the public health, safety
and welfare, he may order the summary suspension of a medallion or
driver's license, pending a hearing. In such event, the driver and/or
owner shall be provided with the order of summary suspension by both
certified and regular mail or by personal delivery, and the owner
and/or driver shall be provided with an expedited notice, hearing
and decision with respect to such suspension. In the event of summary
suspension, a hearing shall be held within 21 days of the effective
date of such suspension, and a decision shall be rendered within 10
days thereafter.
E. The Taxi Commissioner may require that any complaint
made to him relating to a violation shall be in writing; shall contain
the name, address and phone number of the complainant; shall set forth
the pertinent facts relating to the complaint; and/or shall be sworn
and notarized.
[Amended 5-17-1989 by L.L. No. 3-1989]
Any person or entity not subject to penalties under §
193-16 of this chapter that violates any provision of this chapter shall be liable to a penalty consisting of a fine in an amount not exceeding $250 or to a term of imprisonment not exceeding 15 days, or both, as determined by the Village Court.
[Amended 5-17-1989 by L.L. No. 3-1989]
The Taxi Commissioner shall have the responsibility
of implementing and administering this chapter and, in the performance
of his duties, shall have the authority to conduct any necessary and
lawful inspections for the enforcement of this chapter and shall have
the authority to issue appearance tickets under the applicable provisions
of the Criminal Procedure Law. The Board hereby designates the Village's
parking enforcement officers as taxi enforcement officers, and the
Taxi Commissioner shall also have the authority to designate other
employees and officers of the Village as taxi enforcement officers
to assist him in enforcing the provisions of this chapter. Such taxi
enforcement officers shall perform those duties delegated by the Taxi
Commissioner, and shall have the authority to conduct any necessary
and lawful inspections required for the enforcement of this chapter,
and shall have the authority to issue appearance tickets under the
Criminal Procedure Law.
Local Law No. 19 of 1984 and Local Law No. 2
of 1985 are hereby repealed.
[Added 7-17-1996 by L.L. No. 5-1996]
A. No person shall dispatch vehicles from within the
Village of Great Neck Plaza for the pickup or delivery of passengers,
whether by taxicab, private livery van or limousine, unless the vehicle
dispatched by said person, and the driver operating said vehicle,
have valid medallions and licenses in effect issued by the Town of
North Hempstead or by the Village of Great Neck Plaza.
B. No person shall in any manner operate or drive within
the Village a vehicle for hire for the transport of passengers, whether
designed as a taxicab, private livery van, limousine or otherwise,
unless said vehicle and the driver operating said vehicle have valid
licenses in effect issued by a governmental agency or subdivision.