Unless otherwise expressly stated, whenever
used in this chapter, the following words shall have the meaning given
to them by this section:
CRUISING
The operation of a taxicab upon the streets of the Town when
not employed by a passenger, and by words or actions soliciting employment.
OPERATOR
Include any person owning or having control of the use of
one or more taxicabs.
PRIVATE LIVERY CAB
A taxicab being operated at special instance and request
of persons and at rates per unit of time, by the hour, day or week
or fraction thereof.
STREET
Includes any street, highway, alley, avenue, court, bridge,
lane or public place in the Town outside the corporate limits of any
Village in the Town.
TAXICAB
Include any motor vehicle regularly engaged in the business
of carrying persons for hire, except vehicles subject to the provisions
of the transportation law, or used by undertakers in carrying on their
undertaking business.
TAXICAB DRIVER'S LICENSE
Include written permission granted by the Town to drive a
licensed taxicab upon the streets of the Town.
TAXICAB LICENSE
Include written permission granted by the Town to operate
a specified taxicab upon the streets of the Town.
TAXICAB STAND
Include any place alongside the curb of any street or elsewhere
which is exclusively reserved for the use of taxicabs.
[Amended 5-12-2009 by L.L. No. 3-2009]
A. The operation or running of taxis, livery, or other
vehicles for the transportation of persons for hire over and upon
the streets of the Town of Fallsburg, New York, or the use of such
vehicles for soliciting fares on or upon the public streets or public
places in the Town of Fallsburg is hereby prohibited unless carried
on pursuant to a Town taxicab license as hereinafter provided.
B. Any taxicab or other vehicle referred to hereinabove
shall be presumed to be operating in the Town of Fallsburg and covered
by the provisions of this chapter if any one of the following is found:
(1) Has on its body a telephone number starting with 434,
436 or 431.
(2) Has on its body an address in the Town of Fallsburg.
(3) The vehicle both picks up and drops off a passenger
in the Town of Fallsburg. (Vehicles that merely deliver a passenger
to a location in the Town of Fallsburg from outside the Town of Fallsburg
shall not be presumed to be operating in the Town of Fallsburg. Also,
vehicles which pick up a passenger in the Town of Fallsburg on being
called to do so, and deliver that passenger to a location outside
the Town of Fallsburg, shall not be presumed to be operating in the
Town of Fallsburg.)
(4) The owner, registrant, lessee, or driver of the vehicle
advertises in any directory, telephone book, flyer or in any other
media or writing that he, she or it operates or picks up fares or
customers in the Town of Fallsburg.
C. Taxicab and taxicab driver's licenses shall be issued
as of the first day of May each year and shall expire on the following
April 30, unless sooner suspended or revoked.
[Amended 5-12-2009 by L.L. No. 3-2009; 3-22-2011 by L.L. No.
5-2011]
Each and every year on or before May 1, the
Town Board may revise the number of taxicab licenses to be issued
by either increasing or decreasing the number. The revision of the
number of taxicab licenses to be issued shall be the sole discretion
of the Town Board. If such determination by the Town Board shows the
need for either increasing or reducing the number of taxicab licenses,
then no holder of a taxicab license shall be refused a taxicab license
so long as he can demonstrate to the satisfaction of the Town Board
that he is qualified to continue to fulfill the duties and obligations
imposed by this chapter. No one individual or entity shall be allowed
to purchase more than five licenses in a given year. The Town Board
may revise the number of licenses after May 1 if it is determined
it is in the best interest of the Town to do so.