[HISTORY: Adopted by the Board of Trustees
of the Village of Harriman 12-21-1988 as Ch. 121 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 132.
Unless otherwise stated, whenever used in this
chapter, the following words shall have the meanings given to them
by this section:
Includes permission granted by the Village of Harriman to
any person, including the operator, to drive any licensed taxicab
upon the streets of such Village.
Includes any person owning or having control of the use of
one or more taxicabs used for hire upon the streets of the Village
of Harriman or engaged in the business of operating a taxicab.
Includes permission granted by the Village of Harriman to
any person to operate or keep for hire any taxicab in such Village.
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.
Includes any street, alley, avenue, court, bridge, lane or
public place in the Village of Harriman, County of Orange, State of
New York.
Includes any motor vehicle engaged in the business of carrying
persons for hire, whether the same is operated from a street stand
or private property or subject to calls from a garage or otherwise
operated for hire, except vehicles subject to the provisions of the
Transportation Corporation Law or used by undertakers in carrying
on their business.
Any person who drives a taxicab, whether such person is the
owner of such taxicab or employed by a taxicab owner or operator.
Includes any place alongside the curb of a street or elsewhere
which is exclusively reserved by the Village for the use of taxicabs.
It shall be unlawful for any person to operate
or keep for hire within the limits of the Village of Harriman any
taxicab without first having obtained a license for operating or keeping
the same for hire.
A.
No person, including the owner or operator, shall
drive a taxicab and no person, whether it be the owner or the one
licensed to operate and keep a taxicab for hire, shall permit anyone
to drive a taxicab for hire within the Village of Harriman unless
such driver shall have a driver's license under the provisions of
this chapter.
B.
Temporary taxi drivers' licenses may be issued by
the Mayor or licensing officer designated by the Mayor, upon application
therefor by the operator, which shall state the reason for the need
thereof and recite generally that it is the operator's belief that
the proposed licensee meets the requirements of a permanent license.
Such license shall be valid for a period of 72 hours. The application
shall be accompanied by a fee as set forth in the Village Fee Schedule,
and, without the payment of an additional fee, application for a driver's
license to such temporary licensee may be filed within 10 days after
the expiration of such temporary license.[1]
[Amended 11-10-2015 by L.L. No. 5-2015]
Each applicant for an owner's license shall
show, on the application filed, competent proof of the veracity of
the following facts:
A.
The name and address of the applicant, specifying,
in the case of any unincorporated association or partnership, the
name and address of each member thereof and, in the case of a corporation,
the name and address of each officer, director and shareholder thereof.
B.
A complete statement by the applicant specifying the
amounts of all unpaid judgments against the applicant and the nature
of the transaction or acts giving rise to said judgments and the name
and location of the court in which, and the date on which, each was
entered.
C.
All misdemeanors or felonies of which the applicant,
and each member thereof if an unincorporated association or partnership,
and if a corporation, each officer, director and shareholder thereof,
has been convicted, stating the name and location of the court in
which, and the date on which, such convictions were rendered and the
sentence imposed therefor.
D.
The experience in the transportation of passengers
of the applicant, and each member thereof if an unincorporated association
or partnership, and, if a corporation, each officer, director and
stockholder thereof.
E.
A statement by the applicant establishing why, in
its opinion, the public convenience and necessity require the granting
of a license.
F.
The number of taxicabs proposed to be operated by
the applicant and, if the applicant has already acquired the vehicles
he intends to operate under such license, the description of each
such vehicle, including the make, model, passenger seating capacity,
year of manufacture, vehicle identification number, New York registration
number and, if such vehicle has ever been in an accident, the date,
place and nature of the accident and a description of the damage thereto
and accompanied by a copy of the current registration certificate
of a type which permits use of the vehicle as a taxicab in the State
of New York. In the event that the applicant has not already acquired
the vehicles he intends to operate under such license, a license may,
nonetheless be issued, provided that the application sets forth the
number, type and passenger seating capacity of each taxicab proposed
to be operated by the applicant, and provided further that no taxicab
may be operated under such license within the Village unless and until
the aforesaid vehicle information and documentation has been submitted
to and approved by the Mayor and recorded on its license.
G.
The age and citizenship of the applicant and, if an
unincorporated association, each member thereof and, if a corporation,
each officer, director and shareholder thereof.
H.
The location of any and all taxicabs stands and terminals
proposed to be utilized by the applicant.
I.
The name, resident address, date of birth, citizenship
and experience in the transportation of passengers by taxicab of the
person or persons intended by the applicant to be in immediate charge
and supervision of the taxicab or taxicabs that the applicant intends
to operate within the Village.
J.
Whether the applicant or any partner, principal or
shareholder thereof has been previously licensed to operate a taxicab
and, if so, where, when and by whom such license was granted and whether
such license was ever suspended, revoked or canceled and, if so, when
and for what cause, giving full particulars.
K.
Proof of compliance with the applicable compulsory
insurance or financial responsibility provisions of the Vehicle and
Traffic Law of the State of New York.
L.
Any other relevant information that the Mayor or licensing
officer designated by the Mayor may, by rule or regulation hereinafter
adopted, reasonably require.
A.
Required information. Each applicant for a driver's
license shall show on the application filed, and satisfy the Mayor
or licensing officer designated by the Mayor by competent proof, that
he or she is:
(1)
Of clean dress and person and is not addicted to the
use of any controlled substance nor is a person who makes excessive
use of intoxicating beverages.
(2)
A person who has not been convicted of any crime that
would render his licensed operation of a taxicab an unreasonable danger
or risk to his passengers or the general public.
(3)
A person with such other attributes or capabilities
as the Mayor or licensing officer designated by the Mayor may, by
rule or regulation hereafter adopted, reasonably require.
B.
Each applicant for a driver's license hereunder shall
also submit with the application:
(1)
Three photographs of the applicant taken within 30
days prior to the date of filing the application, 11/2 by 11/2 inches
in size, containing a true likeness of the applicant and showing only
the neck, shoulders and uncovered head.
(2)
A certificate from a physician duly licensed in the
State of New York certifying that, in his judgment, the applicant
is not affected with any physical or mental disease or infirmity that
might make him an unsafe or unsatisfactory driver.
(3)
Exhibit for inspection and notation by the Village
Clerk his or her current New York State operator's and/or driver's
license of the proper class.
The Mayor or licensing officer designated by
the Mayor shall review each application for an owner's license and
make such investigation thereon as it deems necessary. If the Mayor
or licensing officer designated by the Mayor, after reviewing such
application and conducting such investigation of the facts contained
therein as it may deem proper, is satisfied that the applicant meets
the criteria prescribed by this chapter and that the public convenience
and necessity require the issuance of a license to the applicant to
operate one or more taxicabs within the Village, it shall authorize
issuance of an owner's license. Such license shall specify, by vehicle
identification number, the taxicab or taxicabs that the applicant
is authorized to operate; provided, however, that the number of such
taxicabs authorized for operation, when added to the number of taxicabs
operated or authorized to be operated by other applicants found qualified
by the Mayor or licensing officer designated by the Mayor at that
time, shall not exceed the total number of vehicles that the Board
of Trustees has, by resolution, authorized to be operated within the
Village during the period of time for which such owner's license is
to be issued.
The Mayor or licensing officer designated by
the Mayor shall review each application for an operator's and/or driver's
license and make such investigation thereon as it deems necessary.
If the Mayor or licensing officer designated, upon reviewing the application
and conducting such investigation of the facts, contained therein
as it may deem proper as hereinafter provided, is satisfied that the
applicant for a driver's license meets the criteria prescribed by
this chapter and by such additional rules and regulations as the Mayor
or licensing officer designated may from time to time hereinafter
adopt, it shall approve such application and, upon payment of the
appropriate fee therefor, issue a driver's license to the applicant.
Such license shall be valid for a period ending on the last day of
the 12th month after the month in which it is issued, unless sooner
suspended or revoked, as hereinafter provided.
A.
Every holder of an owner's license issued hereunder
who shall desire to increase the number of taxicabs that he is then
authorized to operate, to diminish the number thereof or to substitute
one taxicab for another and obtain a license card therefor shall make
an application therefor to the Mayor or licensing officer designated
by the Mayor, in writing and under oath, and filed with the Village
Clerk, stating:
(1)
The name and address of the applicant.
(2)
The applicants owner's license number.
(3)
In case of an addition, any facts that the applicant
believes tend to prove that the public convenience and necessity require
such addition and, in the case of a deletion or substitution, the
reasons for the deletion or substitution.
(4)
A description of each such additional, deleted or
substituted vehicle, including the make, model, passenger seating
capacity, year of manufacture, copies of a current New York State
registration of a type which permits use of the vehicle as a taxicab
or limousine, vehicle identification number and, if it has ever been
involved in an accident, the date, place and nature of the accident
and a description of the damage done to such vehicle.
B.
In the case of an application for authorization to
operate additional taxicabs, the Mayor or licensing officer designated
by the Mayor shall determine whether the public convenience and necessity
will be served by a grant of the application. In so determining, the
Mayor or licensing officer designated by the Mayor shall consider,
among other things, whether the applicant's prior record of public
service, utilization of taxicabs and business justify the grant of
the application. No such application shall be granted if the effect
thereof would be to authorize licensing of taxicabs not authorized
by the Board of Trustees to operate within the Village.
Upon receipt of any license application under
this chapter, the Mayor or licensing officer designated by the Mayor
shall conduct or cause to be conducted such investigation as he shall
deem necessary. The Mayor or licensing officer designated by the Mayor
may, in his discretion, before the issuance of any license under this
chapter, require the applicant and any other person having knowledge
of the facts to submit to any examination under oath and to produce
evidence relating thereto or to hold a hearing upon such application
as hereinafter provided, with respect to any information or date relevant
to the application. The cost of such examination or hearing shall
be paid by the applicant.
Any license issued under this chapter shall
be nontransferable.
A.
Operator's and/or driver's licenses shall expire on
the last day of the 12th month after the month in which the license
was issued. Prior to the expiration date thereof, such licenses may
be renewed for an additional period of one year from the date of expiration
upon filing a renewal application, in writing, on forms to be furnished
by the Village Clerk, under oath, and accompanied by the appropriate
fee. If it shall appear from such renewal application and such additional
investigation as the Mayor or licensing officer designated by the
Mayor may require that the applicant continues to qualify for such
driver's license in accordance with the provisions of this chapter,
the Mayor or licensing officer designated by the Mayor shall, unless
for good cause shown, issue a renewal license to such applicant.
B.
Prior to the expiration date thereof, an owner's license issued under this chapter may be renewed for an additional period of one year from the date of expiration upon the filing of an application containing all information required by § 121-4, except the requirements of Subsections D, E, G and J thereof, and setting forth, under oath, any changes in information furnished upon the original application at least 30 days prior to the date of expiration of the existing license and accompanied by the appropriate fee. If it shall appear from such renewal application and such additional investigation as the Mayor or licensing officer designated by the Mayor may require that the applicant continues to qualify for such owner's license in accordance with the provisions of this chapter, the Mayor or licensing officer designated by the Mayor shall, unless for good cause shown, issue a renewal license to such applicant.
C.
Any license not renewed prior to its expiration date
shall be deemed expired and null and void, except for good cause shown.
Each applicant for an owner's license or a renewal
thereof or for the addition or substitution of taxicabs shall, before
issuance of such license, file with the Mayor or licensing officer
designated by the Mayor, by delivering the same to the Village Clerk,
a certificate of insurance that the applicant and each taxicab operated
or proposed to be operated by him pursuant to such license is insured
against public liability in at least the minimum limits required by
the laws of the State of New York for personal injury and property
damage, which insurance shall be maintained in force during the period
covered by the license. Such certificate and insurance shall provide
that the Village of Harriman shall be given 30 days' prior written
notice of cancellation. Such policy shall not be canceled or suspended
either by the insured or the insurer unless at least 30 days' notice,
in writing, of the intention to cancel or suspend such policy has
been filed with the Village Clerk, and, upon such suspension or cancellation
of insurance, the license of said owner to operate such taxicab or
taxicabs shall be on file with the Village Clerk.
The Village Clerk, on behalf of the Mayor or
licensing officer designated by the Mayor, shall keep a register or
card index of the name, address or telephone number, if any, of each
owner, operator and driver to whom a license has been issued under
this chapter and under any prior ordinance governing such licenses.
The register or card index shall, in the case of an owner, also give
a description of each taxicab for which a taxicab license card was
issued, including vehicle identification and New York State registration
numbers, make, model and year of manufacture. In the case of a driver,
it shall give his date of birth, last known residence address and
New York State motor vehicle operator's number. Such records shall
be kept permanently and be open to inspection by the public during
regular business hours of the Village office.
A.
Temporary suspensions. The Mayor or licensing officer designated by the Mayor, upon receiving information giving reasonable cause to believe that the holder of any license issued hereunder has violated any provision of this chapter or other law referred to in Subsection B of this section or has been indicted or formally charged with or for any crime or offense or is guilty of having made a false statement or misrepresentation in his application, may forthwith temporarily suspend such license for a period of 21 days or until a hearing can be held by the Mayor or licensing officer designated by the Mayor as hereafter provided, whichever is sooner.
B.
Suspension or revocation after hearing. Any owner's,
operator's or driver's license issued hereunder may be suspended for
a period of not more than three months or revoked by the Mayor or
licensing officer designated by the Mayor if it shall be determined,
based upon a preponderance of the evidence, that the holder has violated
any provision of this chapter, any chapter of the Village Code or
any traffic law, local law, ordinance or regulation of the State of
New York, any rule or regulation of the Mayor or licensing officer
designated by the Mayor or of any municipality of the State of New
York or, in the case of an owner, the owner, except for good cause
shown, is not currently operating within the Village the number of
taxicabs authorized to be operated under his current license or is
guilty of making a false statement or misrepresentation in his application.
No license shall either be suspended or revoked hereunder unless a
prior hearing thereon has been held by the Board of Trustees not less
than 10 days after written notice thereof shall have been given to
the licensee, either in person or by registered mail.
A.
Application for review. Any applicant who shall have
been denied an owner's, operator's or driver's license under this
chapter and any licensee whose owner's or driver's license has been
suspended for more than three months or has been revoked may apply
to the Board of Trustees for a review of the action of the Mayor or
licensing officer designated by the Mayor, as hereinafter provided:
(1)
Such application to the Board of Trustees for review
shall be in writing, signed and acknowledged by the applicant, and
shall state the ground or grounds on which the applicant claims that
the determination of the Mayor or licensing officer designated by
the Mayor was erroneous. The application for review shall be filed
by delivery to the Village Attorney by mail or in person.
(2)
Such application shall be filed within 20 days after
notice of denial of the application or after notice of the license
suspension or revocation by the Mayor or licensing officer designated
by the Mayor has been mailed or delivered in person to the applicant
or license holder concerned.
(3)
Upon the filing of such application, the Board of Trustees shall hold a hearing thereon, pursuant to the provision of Subsection B hereof. Such hearing shall be held within 90 days after the filing of an application therefor.
(4)
At such hearing the Board of Trustees shall consider
the applicant's application upon the record before the Mayor or licensing
officer designated by the Mayor and, in its discretion, may receive
new or additional evidence in support thereof or in opposition thereto.
B.
Procedure for hearings. Whenever it shall be provided
herein that a hearing shall or may be held by the Board of Trustees
with respect to any matter:
(1)
Such hearing shall be held on a date and at a place
and hour designated by the Board of Trustees.
(2)
The Board of Trustees shall cause notice thereof to
be given, stating the name and addresses of the applicant or license
holder concerned, the subject matter of the hearing and the date,
place and hour thereof designated therefor, by mailing a copy thereof
to the applicant or license holder concerned at the address shown
upon the most recent application of such applicant or licensee at
least 10 days before such hearing.
(3)
The notice required in Subsection B(2) above shall be published at least once a week for two successive weeks in a newspaper of general circulation in the County of Orange, the first publication to be at least 10 days before the date fixed for such public hearing.
(4)
The applicant or license holder concerned shall be
entitled to be represented by legal counsel and to present such competent
and material testimony or other evidence in his own behalf as may
be relevant to the subject matter of the hearing.
C.
Board's decision final. The Board of Trustees, after
such hearing, may reverse or affirm, wholly or partly, or modify the
action of the Mayor or licensing officer designated by the Mayor appealed
from and shall make such decision or determination as, in its opinion,
ought to be made and, to that end, shall have all the powers of the
Mayor or licensing officer designated by the Mayor. Subject to judicial
review, the decision of the Board shall be final.
The Board of Trustees shall, in its discretion
from time to time, by resolution, determine the maximum number of
taxicabs that may be operated under licenses issued by the Mayor or
licensing officer designated by the Mayor. In so doing, it shall consider
any information furnished by the Mayor or licensing officer designated
by the Mayor, by licensed owners, operators, drivers and other persons,
pertaining to the adequacy of taxicab service for the users thereof
within the Village. Any such determination may be made by resolution,
adopted after a public hearing held by the Board of Trustees on notice
of not less than five days by publication in the official newspaper
of the Village.
[Amended 4-11-2001 by L.L. No., 3-2001]
Each operator shall pay a license fee for each
taxicab operated by or under his direction, and each application for
a driver's license shall be accompanied by a fee as set forth in the
Village Fee Schedule.[1]
A.
Operator licensees shall maintain their taxicabs in
good and safe mechanical operating condition and shall keep them clean
and sanitary.
B.
Upon request by any member of the police force of
the Village of Harriman, such licensee shall permit an inspection
of any taxicab owned or operated by him as to cleanliness and sanitary
condition.
No taxicab shall park for the purpose of solicitation
of fares by its operator or driver upon any street of the Village,
except in a designated stand or upon the operator's own property.
This section shall not prohibit the discharge or picking up of passengers
on any street pursuant to a previously made arrangement or call. No
operator, driver or other person in behalf of the operator, either
directly or indirectly, shall solicit fares at a greater distance
from a parked taxicab than five feet.
Any person violating any of the provisions of
this chapter shall, upon conviction, be punished by a fine not exceeding
$250 or imprisonment not exceeding 15 days, or both, and in addition
thereto, if a licensee, his license or licenses may be suspended or
revoked. Each day of violation shall be deemed a separate offense.
The Mayor may, in his discretion, temporarily suspend a license pending
the prosecution of the licensee.
