[HISTORY: Adopted by the Town Board of the Town of Grand Island 3-3-1958 (Ch. 41 of the 1963 Code). Amendments noted where applicable.]
Vehicles and traffic — See Ch. 372.
As used in this chapter, the following terms shall have the meanings indicated:
- The authorization, in writing, as provided herein which permits a person to operate a business for the transportation of persons for hire and which may also provide for authorization for a natural person to operate a motor vehicle for the transportation of persons for hire as provided for herein.
- Includes a purchaser under a reserve title contract, conditional sales contract or vendor's lien agreement or a lessee who is entitled to obtain in his own name proper New York State registration of the vehicle.
- Includes natural persons, corporations, copartnerships, unincorporated associations, joint-stock companies, societies and all other entities of any kind.
No person shall engage in or carry on the business of transporting persons for hire by motor vehicle from point to point within the Town of Grand Island, nor shall a person drive or operate a motor vehicle in the business of transporting persons for hire from point to point within the Town of Grand Island unless a license therefor shall have been issued or reissued by the Town Clerk authorizing same as set forth herein.
[Amended 5-2-1988 by L.L. No. 1-1988]
Owner-operator. If the owner of a motor vehicle is also the operator thereof, the license shall so state. The fee shall be in that amount as set forth in the Schedule of Fees adopted by Town Board resolution and filed in the office of the Town Clerk.
Owner only. The fee shall be in the amount as set forth in the Schedule of Fees adopted by Town Board resolution and filed in the office of the Town Clerk.
Operator only. The fee shall be in the amount as set forth in the Schedule of Fees adopted by Town Board resolution and filed in the office of the Town Clerk.
An operator license or an owner-operator license shall be conspicuously posted and securely fastened in the interior of the vehicle so as to be in the view of all passengers.
Each license shall contain the following information:
The name and address of the owner of the vehicle.
The name and address of the license holder.
The date of issuance of such license and the number thereof.
The make, type and seating capacity of the vehicle.
The New York State registration number of the vehicle.
A photograph of the operator of the vehicle at least two inches by two inches.
A schedule of rates.
A verified application shall be made to the Town Clerk upon forms prepared and furnished by the Town Clerk, which applications shall contain the following information: the name and address of the applicant and of the officers and directors of the applicant, if any; the make, type, seating capacity and New York registration number of each vehicle to be used in said business; the owner of such vehicle; whether the applicant has ever been convicted of a misdemeanor or a felony and the date thereof and the type of crime; and such other information as may be required by the Town Clerk to assist in determining the applicant's fitness for carrying on such trade, as well as a schedule of the rates the applicant intends to use. Two photographs shall be supplied by the applicant is he or she desires an operator or a combination owner-operator license, showing head and shoulders, which shall be two inches by two inches in size, one of which photographs shall be attached to the license if issued, and the other photograph will be kept in the files of the Town Clerk. All applications shall be accompanied by the affidavits of at least two reputable citizens of the Town who have known the applicant for at least one year preceding the date of the application, showing that the applicant is of good character and that they believe the applicant a fit and desirable person to be granted a license in such occupation. No affidavits shall be required in the case of a renewal. All applications and renewals thereof shall be accompanied by a certificate of a garage, service station or dealer of said vehicle, setting forth in detail the fitness of the motor vehicle for operation in transporting persons for hire. No license shall be issued in the event that such certificate shall show any defect in such vehicle which would render it unsafe for the use intended. Such certificate shall not be conclusive against the Town but shall be evidence only that the owner of the vehicle has had an inspection made, for the protection of the traveling public. Nothing herein shall prevent the proper authorities, at the direction of the Supervisor, from making further inspections.
The Town Board may, by resolution or by amendment hereto and from time to time, set, establish, change, amend or otherwise prescribe the rates which may be charged hereunder by the owners or operators of all motor vehicles operated in the business of transporting persons for hire.
The Town Board may, by resolution, prescribe that all rates as contemplated hereunder shall be determined by a standard metering device.
The Town Board may, by resolution, prescribe methods for computing rates, rate zones or other means for determining all rates as contemplated herein.
The Town Board may, by resolution, require the posting within vehicles of rate cards, maps, diagrams or other information designed to advise passengers of the proper fares or rates.
The Town Clerk may refuse to issue any license hereunder but only for a specific reason, and only for the protection of the public safety, health, or general welfare, or in the event the applicant or its officers or directors have been convicted of a misdemeanor or felony which in the opinion of the Town Clerk renders the applicant unfit or undesirable to carry on the occupation being licensed hereunder. Any applicant who is aggrieved hereunder may appeal the decision of the Town Clerk to the Town Board, by filing a written request for appeal to the Board and requesting a hearing before the Board to determine his or her fitness to hold such license. The Town Board shall thereafter grant such license or deny the appeal.
After a hearing held thereon, at which time a licensee may be heard, the Town Board may revoke any license issued to any person, when the Town Board shall determine such person to be an undesirable person or incapable of properly conducting the occupation or business licensed herein.
A license shall not be assigned or loaned and the assignor and the assignee of such license both shall each be guilty of a violation of this chapter.
Whenever a license shall be lost or destroyed, a duplicate license in lieu thereof may be issued by the Town Clerk upon the filing by the license of an affidavit setting forth the circumstances of the loss or destruction and what search, if any, has been made, with the Town Clerk. All lost or destroyed licenses shall be reported to the Town Clerk within 24 hours of the discovery of the loss or destruction thereof, or the holder will be deemed to be operating without a license.
All licenses shall expire at midnight of the 31st day of December next following the date of issuance. Renewal of licenses shall be from November 1 to midnight of July 1 next succeeding. Any application made after July 1 shall be considered a new application.
No operator shall allow more passengers in the vehicle than the seating capacity, nor operate said vehicle when his or her chauffeur's license is suspended or revoked, nor allow any other persons to ride in the motor vehicle after the entry into the vehicle of the person or persons first accepted for transportation unless their initial consent is obtained.
An owner of a motor vehicle licensed hereunder shall cause to be inspected each such motor vehicle at least monthly for mechanical defects and shall make all repairs immediately, and, upon demand of the Town Board, shall produce a certificate of such inspection or evidence thereof; shall not permit an unauthorized person to operate a motor vehicle for the transportation of persons for hire, and shall be equally responsible with the operator for any violations of this chapter.
Nothing herein contained shall be deemed to require a license for the transportation of persons for hire by motor vehicle from a point within the Town to a point without the Town, or from a point without the Town to a point within the Town, or from a point without the Town to a point beyond the Town via a route being through the Town.
Violation of this chapter shall be an offense. Any violation of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or by both fine and imprisonment.