Village of Depew, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Depew 12-27-1971 by L.L. No. 2-1971 as Ch. 23 of the 1971 Code; amended 8-2-1988 by L.L. No. 4-1988. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Licenses and permits — See Ch. 141.
Vehicles and traffic — See Ch. 240.
Unless otherwise expressly stated, whenever used in this chapter, the following words and terms shall have the following meanings:
STREET
Includes any public street, highway, road, avenue, alley or place.
TAXICAB
Includes any motor vehicle engaged in the business of carrying persons for hire whether the same be operated from a street stand or subject to calls from a garage, or otherwise operated for hire, except ambulances, vehicles subject to the provisions of the Transportation Corporations Law or used by undertakers in carrying on their business.
TAXICAB OPERATOR
Includes any person who operates a taxicab.
TAXICAB OWNER
Includes any person, firm, association or corporation who or which as owner of any motor vehicle causes or permits the same to be used as a taxicab.
TAXICAB STAND
Any place established by competent authority for taxicabs to park while waiting for business.
A. 
No person shall drive a taxicab or permit any other person to drive a taxicab upon any street within this Village without such driver having obtained and having in force and effect a taxicab operator's license issued under the provisions of this chapter.
B. 
No person who owns any motor vehicle shall cause or permit the same to be used as a taxicab within this Village without having obtained and having in full force and effect, a taxicab owner's license for such vehicle issued under the provisions of this chapter.
A. 
Applications for all licenses under this chapter shall be made in writing by the applicant on a form furnished by this Village as prescribed by the licensing officer.
B. 
Applications for a taxicab owner's license shall, in addition to any other requirements, state:
(1) 
The name and address of the applicant.
(2) 
The present or intended place of business.
(3) 
The number of motor vehicles owned by the applicant to be used as taxicabs, a description thereof and the state registration number of each vehicle.
(4) 
A statement whether or not the applicant has ever been convicted of a felony.
(5) 
A statement listing any traffic infractions, or misdemeanors or violations involving the use of a motor vehicle for which the applicant has been convicted during the past four years immediately preceding the date of the application.
C. 
Applications for a taxicab operator's license, shall, in addition to any other requirements, state or include:
(1) 
The name and address of the applicant.
(2) 
The name and address of the owner of the taxicab or taxicabs he intends to operate.
(3) 
A statement whether or not the applicant has ever been convicted of a felony.
(4) 
A statement listing any traffic infraction, or misdemeanor or violations involving the use of a motor vehicle for which the applicant has been convicted during the past four years immediately preceding the date of application.
(5) 
Two unmounted two-inch-by-three-inch photographs of the applicant which shall be a recent photograph of the head and shoulder a substantial likeness.
A. 
No license shall be issued or held by any person who in the opinion of the Chief of Police is not a person of good character or who has been convicted of a felony. In the case of a corporation, no license shall be issued or held by such corporation if any officer or director would be ineligible under any of the foregoing provisions.
B. 
No taxicab operator's license shall be issued to any person who is not competent to operate a motor vehicle or who is not familiar with the Vehicle and Traffic Law and the traffic provisions of this Code.
C. 
All applicants herein shall give satisfactory proof of financial responsibility and that they are capable and intend to continue in business for at least 12 consecutive months.
D. 
The Chief of Police shall examine each applicant for a taxicab operator's license to determine the competency of the applicant. No license shall be issued except on certification of the Chief Police that the applicant has demonstrated his or her ability to operate a motor vehicle as required herein.
A. 
All licenses issued pursuant to the provisions of this chapter shall be issued by the Licensing Officer. Payments of the required fees as hereinafter provided must accompany the application for the license.
B. 
Every taxicab operator's license shall bear the date of issuance thereof, the date of expiration, the name and address of the person to whom issued, the seal of the Village and shall have affixed thereto one copy of the photograph of the taxicab operator filed with his or her application. Every such license shall bear the written approval of the Chief of Police together with the signature of the Licensing Officer.
C. 
Every taxicab owner's license shall bear the date of issuance thereof, the date of expiration, the name and address of the person to whom the license is issued, the state registration number, and the make, model, serial number and year of manufacture of each motor vehicle licensed as a taxicab. Every such license shall bear the written approval of the Chief of Police together with the signature of the Licensing Officer.
D. 
Every taxicab licensed under the provisions of this chapter shall be issued a certificate which shall be kept in place upon the taxicab so that it shall be in full view of the passengers at all times.
A. 
The annual fee for a taxicab owner's license shall be $50 for each vehicle so used, which license shall expire on the 31st day of May of each year. Any license obtained after the 1st day of December shall be issued at half the annual fee.
B. 
The annual fee for a taxicab operator's license shall be $15, which license shall expire on the 31st day of May of each year.
C. 
Any taxicab may be replaced by another motor vehicle by furnishing the information required by Subsection C of § 214-5 to the Village Clerk and payment of a fee in the sum of $5. No such vehicle shall be used as a taxicab until a certificate is issued therefor.
D. 
All licenses which are in full force and effect may be renewed within 30 days prior to the expiration thereof by payment of the required fee, and a new application need not be submitted unless there is a change in the information required in § 214-3. In the latter event, only the information which is changed need be submitted.
The Chief of Police is hereby delegated the authority to exercise by official order, rule or regulation the designation of taxicab stands upon the streets of the Village.[1]
[1]
Editor's Note: See also Ch. 240, Vehicles and Traffic.
Taxicab operator's and taxicab owner's licenses may be suspended and revoked at any time by the Licensing Officer in the manner provided by law.[1]
[1]
Editor's Note: See Ch. 141, Licenses and Permits, for procedure.
Every person while driving a taxicab shall:
A. 
Convey any orderly person or persons upon request in the Village unless previously engaged or unable or forbidden by the provisions of this chapter so to do.
B. 
Not carry any other person than the person or persons first employing the taxicab, unless the person first employing the taxicab consents to the acceptance of an additional passenger or passengers.
C. 
Keep a written daily record of all trips. Such record shall be retained by the owner for at least six months and shall be open to inspection by the Police Department at any time.
D. 
Thoroughly search the interior of the taxicab after termination of each trip for any article in the taxicab and report all articles of value and unopened packages to police headquarters.
E. 
Report all accidents as required by the Vehicle and Traffic Law and report all accidents to the owners.
F. 
Report each change of residence within 48 hours.
G. 
Answer all communications and summonses received from the Board of Trustees or the Police Department.
H. 
Deliver all fares received to the owner.
I. 
Not operate a taxicab while his or her operator's license is suspended.
J. 
Not permit another operator to use his or her operator's license issued hereunder.
K. 
Keep the interior of the taxicab clean.
L. 
Not recommend to any passenger the name of any hotel, restaurant or cafe, or any place operated and maintained in violation of the law.
M. 
Proceed with passengers to destination by the shortest possible route, unless requested otherwise.
N. 
Give a receipt for fares when requested.
O. 
At all times, while on duty, have his or her operator's license displayed in the interior of his taxicab.
A. 
Every person to whom a license has been issued under the provisions of this chapter shall, upon discontinuing or abandoning the operation of a taxicab business or the operation of a taxicab, return such license to the Village Clerk. Such license shall not be assigned to any other person. Any licensee who permits his or her license to be used by any other person, and any person who uses such license of any other person, shall be guilty of a violation of this chapter.
B. 
Whenever a license shall be lost, stolen or destroyed, without fault on the part of the holder, his or her agent or employee, a duplicate in lieu thereof under the original application may be issued by the Licensing Officer upon the filing of a sworn affidavit containing the facts of such loss or theft and payment of a fee of $5.
A. 
Any violation of any provision of this chapter shall be punishable as provided by § 1-10 of Chapter 1 entitled "General Provisions" of this Code.
B. 
In addition to the foregoing, any licensee shall be subject to the suspension or revocation of his license upon conviction for violation of any provisions of this chapter.