[Amended 5-6-1980 by L.L. No. 1-1980]
It shall be unlawful for any taxicab to be operated
within the territory of the County of Monroe outside the boundaries
of the City of Rochester, unless a county taxicab hack plate shall
be properly attached thereto pursuant to this chapter and shall be
in effect; provided, however, that this section shall not prevent
any taxicab not having attached a hack plate from terminating a fare
within the county when such fare commenced within the City of Rochester
or from answering a prearranged call in the county so long as such
taxicab has a valid City of Rochester hack plate.
[Amended 5-6-1980 by L.L. No. 1-1980]
A.
A county taxicab hack plate shall be issued by the
County Clerk after compliance with the provisions set forth in this
chapter and upon approval by the Sheriff and the payment of the required
license fee.
B.
Any person, firm or corporation desiring to secure
a hack plate may register his or its name for such purpose with the
County Clerk upon payment of a registration fee of $1.50. No person,
firm or corporation shall have his or its name appear on the registration
list more than once at any given time.
C.
Application for hack plates shall contain the name
and address of the applicant and such other information as the Sheriff
may require. An applicant shall certify on said application that he
will use said hack plate only on a vehicle that is in good mechanical
condition and which meets all of the requirements for vehicles as
are hereafter set forth. The Sheriff's Department shall conduct an
investigation of each applicant of a hack plate, and the report of
said investigation and a copy of the traffic and police record of
the applicant, if any, shall be attached to the application for the
consideration of the Sheriff.
D.
An applicant for a hack plate shall notify the County
Clerk of any change of address. The offering of a hack plate will
be forwarded by certified mail, return receipt requested, to the address
listed with the County Clerk.
E.
A taxicab hack plate shall expire on the 30th day
of June after issuance, unless revoked, surrendered or abandoned at
an earlier time as hereafter provided.
[Amended 2-2-1968 by L.L. No. 1-1968; 6-27-1968 by L.L. No.
7-1968]
The total number of annual county taxicab hack
plates that shall be issued by the County of Monroe during any license
year shall not exceed 25 county hack plates, in addition to the number
of city hack plates, excepting the city seasonal plates. These plates
shall be made available to applicants who have complied with the provisions
of this chapter as follows:
A.
County hack plates will be issued with numbers corresponding
to the city plates, excepting city seasonal plates, to the persons,
firms or corporations who hold such city hack plates. County hack
plates shall be attached to taxicabs bearing corresponding city hack
plate numbers.
B.
The 25 county hack plates referred to in this section shall be issued to persons, firms or corporations who are, at the time of adoption of this chapter and have been for six months continuously prior thereto, operators of taxicabs in the County of Monroe outside the City of Rochester, as defined in § 361-3 above. The plates that each such operator may obtain shall equal the number of taxicabs without city hack plates that he may own, operate or control at the time of the adoption of this chapter.
C.
All applicants for county hack plates shall have a
period of 20 days after the effective date of this chapter within
which to apply. If no application is made or if any such application
is made but rejected for failing to comply with this chapter or if
an application is made but not finalized by the applicant, county
hack plates remaining unissued may be made available to applicants,
who qualify under the law, in the order of registration with the County
Clerk.
[Amended 5-6-1980 by L.L. No. 1-1980]
A.
A taxicab hack plate which has been abandoned, surrendered
or revoked may be issued to a person, firm or corporation so registered
in the following manner: The County Clerk shall notify by registered
mail, return receipt requested, the name of the first person, firm
or corporation appearing on the established application list, in the
order of registration. The person, firm or corporation shall have
20 days from the date of receipt of such notice to comply with the
provisions of this chapter, as hereafter set forth, and to secure
such hack plate. If the person so notified fails to complete the application
and secure said hack plate within 20 days, the County Clerk may notify
the next person, firm or corporation appearing on the list. The registration
list shall be considered established upon the date when the hack plate
becomes abandoned, surrendered or revoked.
B.
County hack plates shall be deemed abandoned in the event that the person, firm or corporation to whom such plates were issued fails to use the hack plates for the hours per week prescribed in § 361-17I through L of this chapter, no longer possesses a New York State taxicab registration plate or fails to renew his County of Monroe hack plate within the prescribed period. However, upon a showing of death, serious illness, personal emergency or other good cause, the Sheriff may waive this provision.
C.
The Sheriff shall notify the holder, in writing, by
registered mail, return receipt requested, of the abandonment of a
hack plate. A holder so notified shall be given 10 days to request,
in writing, a hearing to show why the hack plate should not be deemed
abandoned. Upon a showing of serious illness or personal emergency
or other good cause, the Sheriff may waive the abandonment.
[Amended 5-6-1980 by L.L. No. 1-1980]
A.
Should a county hack plate be lost or stolen, the
licensee shall immediately report said loss or theft to the County
Clerk, who shall issue a replacement upon payment of a fee of $5 and
the receipt of an affidavit stating the reason for such replacement.
B.
The County Clerk shall immediately notify the Sheriff
that said replacement has been made and forward said affidavit to
him.
[Amended 5-6-1980 by L.L. No. 1-1980]
The holder of a county hack plate shall be permitted
to renew the same for a twelve-month period annually, providing all
provisions of this chapter have been complied with. The application
for such renewal must be filed with the County Clerk not later than
the 30th day of June or each successive license year. If the application
is not made within said time, the holder will be deemed to have abandoned
said county hack plate.
[Amended 5-6-1980 by L.L. No. 1-1980]
A.
No county hack plate issued pursuant to this chapter
or any right or privileges granted herewith shall be assigned or transferred
unless the person, partnership, company, firm or corporation holding
said hack plate issued shall have held said plate for at least one
year prior to the date of application for transfer.
B.
The Sheriff may, in his discretion, in case of the
death or serious illness of the person holding such plate or for other
good cause waive this requirement and allow a transfer.
C.
No transfer shall be allowed at any time without the
written approval of the Sheriff, who shall first determine that the
transferee meets all the requirements of an initial applicant.
[Amended 9-20-1973 by L.L. No. 7-1973; 5-6-1980 by L.L. No.
1-1980]
A.
The license fee for each county hack plate shall be
$60 annually, to be paid at the time the plate is issued. A hack plate
issued after January 1 of a year shall require a license fee of $5.
B.
Upon issuance of a hack plate, the County Clerk shall
also issue a taxicab license certificate to be in a form prescribed
by the Sheriff and which shall be carried in the vehicle to which
the county hack plate is attached.
C.
The County Clerk shall keep a record of all county
hack plates issued, to whom issued, the location of the office or
place of business of the licensee and the hack plate number assigned
to the licensee.
D.
The holder of a hack plate shall notify the Sheriff
of any change in business address within 10 days of such change.
[Amended 2-2-1968 by L.L. No. 1-1968; 5-6-1980 by L.L. No.
1-1980]
A.
Generally. All taxicabs shall be equipped with a taximeter
which shall be kept in good operating condition in accordance with
the requirements of this chapter. All vehicles that are operated as
taxicabs within the County of Monroe shall use a taximeter.
B.
Taximeters shall be connected with and operated from
the transmission of the taxicab to which they are attached. Taximeters
shall be of a type which have been approved and certified by the New
York State Bureau of Weights and Measures. When the taxicab is transporting
passengers for hire, the taximeter shall be engaged at all times unless
otherwise provided in this chapter. Taximeters with flags shall be
equipped with a flag either painted red or bearing thereupon in letters
at least one inch in height the word "vacant" or the words "for hire."
The flat post of such flag shall be kept up or toward a vertical position
when the taximeter is for hire and shall extend at least five inches
above the highest level of the dashboard, and said flag post shall
be kept down or toward a horizontal position when such taxicab is
engaged. The flag post of such flag shall be kept up or toward a vertical
position when the taxicab is for hire and, when in such position,
shall extend above the highest level of the dashboard as to be visible
from outside the taxicab, and said flag post shall be kept down or
toward a horizontal position when such taxicab is engaged. Taximeters
shall have a dial or dials which clearly register the tariff in accordance
with the established rates of fare. The taximeters shall be so placed
that the dial thereof is in plain view of the passenger while riding
in such taxicab and upon alighting. Between sunset and sunrise, the
face of every taximeter shall be illuminated by suitable light so
arranged as to throw a continuous steady light thereon and render
the figures of such taximeters readily discernable by any passenger.
No person shall use or permit to be used a taximeter on which the
seal placed by the County Director of Weights and Measures has been
broken. If, for any reason, a seal is broken or removed from a taximeter,
the taximeter must be retested and resealed by the County Director
of Weights and Measures before the meter is again used. It shall be
unlawful to change a taximeter from one vehicle to another or to adjust
the operation of the taximeter or to change the size of the gears
affecting the operation of the taximeter or to change such gears from
one vehicle to another without reinspection and approval by the County
Director of Weights and Measures.
C.
Inspection and seal of taximeters. No taxicab shall
be operated within the County of Monroe unless the taximeter therein
shall have affixed thereto a seal issued by the County Director of
Weights and Measures, certifying that said meter is accurate, which
seal shall be currently dated in accordance with the provisions of
this chapter. The owner of the taxicab shall submit his vehicle to
the County Director of Weights and Measures for inspection and testing
of the taximeter prior to its initial use, prior to its use following
the breaking of the taximeter seal and/or repair of the taximeter
or changing gears on the same or adjusting the taximeter or moving
the taximeter to a new vehicle and at least once every six months
thereafter. If a meter is found to be accurate, it must have affixed
to it a seal of the County Director of Weights and Measures certifying
to such accuracy with the date of inspection. If the County Director
of Weights and Measures finds a meter to be inaccurate or damaged,
he shall notify, in writing, the holder of the hack plate of such
fact. Upon receipt of notice from the County Director of Weights and
Measures of an inaccurate or damaged taximeter, no person shall operate
such taxicab for hire until the taximeter is repaired and sealed or
a new taximeter is installed and sealed. If there is reasonable cause
to believe that a taximeter is not correctly calculating fares as
prescribed by law, the Sheriff or his deputies or an official of the
County Department of Weights and Measures may order an immediate inspection
of such taximeter by the Department of Weights and Measures.
D.
Enforcement of taximeter accuracy, inspection and
sealing. The County Director of Weights and Measures or his designated
agents shall have the power to enforce the provisions of this chapter
with respect to taximeter accuracy, inspection and sealing. Upon a
finding of a violation of the provisions of this chapter relating
to taximeter inspection, sealing and accuracy or upon a violation
of the Agriculture and Markets Law, or both, the County Director of
the Department of Weights and Measures may expeditiously cause the
violation to be corrected or, where there is evidence of intent to
defraud, refer evidence of such violation to the District Attorney
for prosecution or, in the absence of intent to defraud, refer evidence
of such violation to the County Attorney's office for commencement
of a civil action, in the name of the County of Monroe, to recover
a civil penalty in the amount prescribed in § 39 of the
Agriculture and Markets Law. A cause of action for recovery of such
penalty may be released, settled or compromised by the County Director
of Weights and Measures before the matter is referred to the County
Attorney's office or thereafter by the County Attorney. All moneys
collected hereunder shall be retained by the County of Monroe. The
County Director of Weights and Measures may promulgate rules and regulations
relating to taximeter accuracy, inspection and sealing.
No hack plate issued by the County of Monroe
shall be affixed to a vehicle nor shall any taxicab be operated within
the County of Monroe unless a certificate is attached to said taxicab,
evidencing that said vehicle has passed a standard New York State
motor vehicle inspection during the preceding six months and has been
found to be in good physical repair and in a safe condition for the
transportation of passengers. The Sheriff may make or cause to be
made at any time further inspection of any vehicle used as a taxicab
in the County of Monroe, excepting solely within the City of Rochester,
and if said vehicle is found to have become unsafe, unclean, unhealthy
or unsuited for public patronage, he may, in his discretion, order
the discontinuance of said vehicle as a taxicab within the County
of Monroe, outside of the City of Rochester, and the Sheriff shall
notify the Director of Public Safety of the City of Rochester of such
order. The Sheriff is hereby authorized and empowered to establish
reasonable rules and regulations for the inspection of public vehicles
operating in the County of Monroe, excepting solely within the City
of Rochester, and their appurtenances, construction, condition and
fitness.
[Amended 2-2-1968 by L.L. No. 1-1968; 6-27-1968 by L.L. No.
7-1968; 5-6-1969 by L.L. No. 1-1969; 11-8-1973 by L.L. No.
10-1973; 1-22-1974 by L.L. No. 1-1974; 5-6-1980 by L.L. No.
1-1980; 6-26-1990 by L.L. No. 2-1990, approved 7-18-1990]
A.
Fares generally.
(1)
No person, partnership, company, firm or corporation
owning, operating or controlling any motor vehicle or taxicab shall
let or offer the same for hire, or reward, as a taxicab for a fee
or charge unless such fare to be charged shall be computed upon the
distance traveled and the time waiting, and which shall not exceed
the rates of fare, to be determined by a taximeter, as hereinafter
set forth:
[Amended 1-9-2001 by L.L. No. 2-2001,
approved 1-18-2001]
(2)
No charge shall be made for children under six years
of age when accompanied by a person paying an adult fare.
(3)
The driver of a taxicab shall take the most direct
possible route in proceeding to the passenger's desired destination.
B.
Waiting time. Waiting time shall include the time
during which the taxicab is not in action beginning with its arrival
at the place to which it has been called, or the time consumed while
standing at the direction of the passenger, but no charge shall be
made for the first five minutes of waiting after arrival or for the
time lost by inefficiency of the taxicab or driver or time consumed
by the premature arrival in response to a call. All rates are to be
based upon the most direct practical route. The meter charge for waiting
time shall not exceed $21 per hour.
[Amended 1-9-2001 by L.L. No. 2-2001,
approved 1-18-2001]
C.
Luggage rates. Charges may be made for luggage, trunks
and other baggage handling as follows:
D.
Flat and minimum rates.
(1)
Flat rates may be charged in the County of Monroe outside the City of Rochester by written contract only, as provided in Subsection F of this section.
(2)
Minimum rates may be charged for any trip to within
the City of Rochester or from the City of Rochester to the following
towns and areas (except the airport; see the next subsection):
|
Location
|
Fare
|
|---|---|
|
Durand Eastman Park
|
$5.00
|
|
Eastway Plaza
|
$7.00
|
|
Chili Center
|
$7.50
|
|
Fairport
|
$8.00
|
|
Jefferson Road
|
$5.00
|
|
Kodak Elmgrove
|
$6.00
|
|
Long Pond Road and Lyell
|
$5.00
|
|
Latta Road
|
$7.50
|
|
Monroe and Clover
|
$4.50
|
|
North Gate Plaza
|
$7.00
|
|
Penfield
|
$7.00
|
|
Pittsford
|
$6.00
|
|
Ridge and Culver
|
$4.50
|
|
Ridgemont Plaza
|
$7.00
|
|
Seabreeze
|
$6.50
|
|
Southtown Plaza
|
$5.00
|
|
Twelve Corners
|
$3.00
|
|
Titus and Cooper
|
$4.50
|
|
Titus and Culver
|
$5.00
|
|
Titus and St. Paul
|
$4.50
|
|
Thruway Exit 46
|
$8.00
|
|
Westgate Plaza
|
$4.00
|
|
Webster
|
$10.00
|
|
West Webster
|
$7.50
|
(3)
The above zone charge is a minimum rate and shall
not be added to the meter. The minimum rates provided for the above
destinations shall not be added together in traveling from one minimum
rate destination point to or through another minimum rate point. If
a trip originates at one minimum rate point and terminates at another,
the higher or highest of such minimum rates may be charged. The aforementioned
designated minimum rate points and their respective minimum rates
shall be posted on the rate card in each taxicab and shall at all
times be visible to the passenger.
(4)
Except as provided herein, all trips to or from the
Greater Rochester International Airport, to or from any point within
the City of Rochester, shall be metered; except that if said meter
rate at the point of destination is less than $8.75, a minimum fare
of $8.75 may be charged. For each additional passenger, an additional
$2.50 may be charged.
[Amended 1-9-2001 by L.L. No. 2-2001,
approved 1-18-2001]
(5)
No other minimum rates may be charged for any other
trips unless a minimum rate is agreed upon between a passenger and
a taxicab company when a taxicab is hired. In such event, the driver
of the taxicab, upon picking up the passenger, shall present to the
passenger a confirmation of the agreed-upon minimum rate, which shall
be in writing on a form designated by the Sheriff.
E.
Party fares.
(1)
No driver of a taxicab shall carry any other person
than the passenger first employing the taxicab without the consent
of such passenger, and in no event shall a driver pick up or carry
any other passenger en route after such driver has begun to transport
the passenger first employing the taxicab unless such passenger directs
the driver to pick up the other person or persons.
(2)
Where a party of passengers for hire engage a taxicab,
the members of such party shall all be entitled to be carried to the
same or different destinations for the meter rate above provided,
including additional passenger fare, where applicable, and the taximeter
shall not be reset nor a fare charged after the trip starts until
the last member of such party has been delivered to his destination,
and such passenger shall be responsible for the total fare then shown
on the taximeter plus any additional passenger fare.
(3)
Where two or more passengers are permitted to be carried
who are not members of a party but who agree to be carried together,
the meter shall be inactivated and placed on the "hold" position when
the passenger first dropped reaches his destination and while he is
being unloaded, and the fare shall be the amount then showing on the
meter; the meter shall again be activated for the second passenger,
and the fare will be the amount then showing on the meter when his
destination is reached; for a third or fourth passenger, the meter
shall be inactivated as provided for the first and second passenger.
In no instance shall a party traveling with others pursuant to this
subsection be required to pay a fare greater than the amount he would
have been charged if he were the sole passenger.
F.
Charter and personal use. Notwithstanding any other
provisions of this law, the taxicab meter need not be in operation
and shall be covered whenever a taxicab is being driven for the personal
use of the taxicab owner and/or operator thereof, or for the transportation
of passengers for hire under the terms of a written charter agreement
fixing a flat rate for a period of at least 20 days of service. Signs
indicating the use of said taxicab for such purpose shall be affixed
to the front window of the right side of the taxicab. Each sign shall
be at least three inches wide and 12 inches long, with the same words
and lettering at least two inches high on each side of said signs.
Signs used to indicate personal use of said taxicab by the taxicab
owner and/or operator shall contain the words "Not in Service"; signs
indicating transportation of passengers for hire pursuant to contractual
agreements as stated above shall contain the word "Charter."
G.
Senior citizen discounts. The minimum rates of fare
established herein shall not prevent the charging of any lesser rate
of fare, nor shall the foregoing provisions prevent the granting of
discounts and reduced rates of fare to senior citizens and others.
H.
Receipts.
(1)
The owner, driver, operator or person in charge or
control of a taxicab shall, upon request, deliver to the person paying
for hire of the same, at the time of such payment, a receipt therefor.
Such receipt shall contain at least the following information:
(2)
The Sheriff may establish additional requirements
for such receipts and may prescribe the form upon which a receipt
shall be written.
The owner, driver, operator or person in charge
or control of a taxicab shall, upon request, deliver to the person
paying for hire of the same, at the time of such payment, a receipt
therefor, containing such information and in a form approved by the
Sheriff.
[Amended 2-2-1968 by L.L. No. 1-1968; 5-6-1980 by L.L. No.
1-1980]
A.
The owner and/or driver of every vehicle used as a
taxicab shall keep a daily manifest. The manifest shall contain the
following information, which shall be recorded at the time specified:
(1)
The hour and date at which the vehicle becomes available
for use as a taxicab, the name of the driver and the make, hack plate
number and registration number of such shall be recorded before the
driver proceeds to pick up his first passenger or package delivery.
(2)
The time and place of commencement and the number
of passengers or packages shall be recorded when such passengers or
packages are picked up.
(3)
The name and place of delivery of the passengers or
packages and the amount of the fare charged shall be recorded immediately
after each trip is terminated.
(4)
The time and place shall be recorded immediately after
the driver ceases to operate the taxicab for hire for the day.
(5)
When a driver makes a package delivery, he shall also
list the name of the sender and the name of the recipient of such
package.
B.
The driver and holder of a hack plate shall keep the
manifest for each taxicab for a sixty-day period, and such manifest
shall be produced on demand by the Sheriff.
[Amended 2-2-1968 by L.L. No. 1-1968; 5-6-1969 by L.L. No.
1-1969; 5-6-1980 by L.L. No. 1-1980]
No person shall operate a taxicab for hire in
the county unless such taxicab shall meet all of the following requirements:
A.
Every taxicab shall provide windows in the rear and
side of the cab sufficient in number and of such size and dimensions
so that at all times persons may be readily seen through the windows
with sufficient distinctness as to identify such persons.
B.
All taxicabs shall be furnished with and the driver
thereof shall put on radials or snow tires on both rear wheels from
November 1 through April 15.
C.
All taxicabs shall be free from disfiguring damage
to the exterior of the vehicle, including rust holes through the body,
but such damage shall not include minor dents or scratches. All taxicab
doors, lights and safety equipment shall be maintained in operating
condition.
D.
A trailer shall not be attached to a taxicab while
being driven or operated for the carriage of passengers.
E.
No vehicle shall be operated as a taxicab within the County of Monroe, except as specifically provided in § 361-3 of this chapter, unless there is affixed to the outside rear of such vehicle a taxicab hack plate which is unobstructed and clearly visible to vehicular traffic.
F.
There shall be printed on the left and right front
doors of all taxicabs operated within the County of Monroe lettering
at least three inches high, in a color contrasting to that of the
cab, setting forth the name of the company or individual owning or
dispatching said taxicab. The number of the hack plate which is affixed
to a vehicle shall be printed in lettering at least five inches high,
in a color contrasting to that of the cab, upon the left and right
front doors. Upon the left and right front doors it shall be placed
at least 10 inches from the bottom of the window area. Upon a showing
of good cause, the Sheriff may allow a vehicle to be temporarily used
as a taxicab without identification printed on the exterior of the
vehicle. Taxicabs with identical city and county hack plate numbers
shall require lettering of one set of numbers. The top of such lettering
and numbering shall be no less than four inches nor no more than 10
inches from the bottom of the window area so as to be conspicuous,
legible and free from obstruction.
G.
Every vehicle operated as a taxicab within the County
of Monroe shall be equipped with a roof light, which shall be illuminated
when the vehicle is vacant or subject for hire and kept unlighted
when the taxicab is occupied.
H.
Every vehicle operated as a taxicab shall have a rate
card enclosed in a frame affixed so as to be visible to any passengers
at all times. The rate card shall set forth the rates being charged
by the taxicab for distance, waiting time, zone fees, baggage and
special rates, and in no event shall said rates exceed the maximum
rates permitted by this section. Such rate card shall be in a form
designated by the Sheriff and shall contain such information as he
shall direct.
I.
During the months of November 1 to April 30, a hack
plate shall be used for a minimum of 35 hours per week.
J.
During the months of May 1 to October 31, a hack plate
shall be used for a minimum of 25 hours per week.
K.
In the event that the holder of a hack plate is incapacitated
or is otherwise unable to utilize such hack plate for the required
number of hours per week, the holder may present a written petition
to the Sheriff requesting the voluntary suspension of the hack plate
for a definite term. The Sheriff shall determine each such petition
based upon the nature of the illness or other circumstances preventing
the holder from complying with the minimum use provision.
L.
Notwithstanding any other provision of this section
to the contrary, the holder of a hack plate may remove such hack plate
from service for a total period of time not more than 30 days during
each calendar year for any reason whatsoever, upon five days' written
notice to the Sheriff.
M.
County hack plates are issued to a firm, corporation
or individual and may be affixed to any vehicle owned or leased by
the person, firm or corporation to whom issued that has met the requirements
for use as a taxicab contained in this chapter.
N.
All taxicabs shall be painted in a color pattern so
as not to be confused with any federal, state or local law enforcement
vehicle which normally operates or may be found in Monroe County.
O.
All taxicabs shall be designed and constructed so
as to seat five persons or fewer, not including the driver, and shall
have no more than five nor less than four doors.
