[HISTORY: Adopted by the Board of Trustees of the Village
of Suffern 2-8-1971 as Ch. 46 of the 1971 Code; amended in its entirety 11-16-1992 by L.L. No.
9-1992. Subsequent amendments noted where applicable.]
Unless otherwise expressly stated, whenever used in this chapter,
the following words shall have the meanings given them by this section:
A place where the Board of Trustees has authorized the holder
of a taxicab license to install a telephone or call box for the taking
of calls or the dispatching of taxicabs.
Permission granted by the Board of Trustees to any person
to drive a licensed taxicab upon the streets of the Village of Suffern.
A public place alongside the curb or a street or elsewhere
which has been designated by the Board of Trustees as reserved exclusively
for the use of taxicabs.
A person owning, controlling the use of or engaged in the
business of operating one or more taxicabs for hire upon the streets
of the Village.
An individual, corporation, partnership, unincorporated association
or any other legal entity.
A rigid white sheet of paper not less than five inches by seven inches encased in a clear transparent wrapper to be securely affixed to the vehicle so as to be clearly visible to all passengers in the vehicle and clearly readable, containing information as required pursuant to § 248-9 of this chapter. No printing thereon shall be in other than black letters not less than one inch high.
Permission granted by the Village to any person to operate
or keep for hire any taxicab in the Village for a period commencing
January 1 of that year unless sooner terminated, revoked or suspended.
Any place or location which may be designated by the Village
for the parking or standing of taxicabs.
The Village of Suffern.
No person shall operate or permit to be operated a taxicab owned
or controlled by him as a vehicle for hire upon the streets of the
Village without having first obtained a taxicab license from the Board
of Trustees.
An application for a taxicab license shall be filed with the
Village Clerk upon forms provided by the Village of Suffern, and said
application shall be verified under oath and shall furnish the following
information:
A.
The name, address, telephone number, date of birth and social security
number of the applicant.
B.
The financial status of the applicant, including the amounts of all
unpaid judgments against the applicant and the nature or transaction
or acts giving rise to said judgments.
C.
The experience of the applicant in the taxicab business.
D.
The number of vehicles to be operated or controlled by the applicant;
a description and the license plate numbers of said vehicles.
E.
The location of the off-street address in the Village from which
said taxicabs will operate.
F.
Upon the filing of a complete application for a taxicab license,
the Village Clerk shall refer the application to the Chief of Police
who shall conduct an investigation of the applicant, including verification
of the accuracy of the information contained in the license application.
The Chief of Police shall cause the required processing fee and the
New York State Division of Criminal Justice Services fingerprint card
containing the applicant's fingerprints to be forwarded to the
New York State Division of Criminal Justice Services for the purpose
of determining the arrest and conviction record of the applicant.
Upon completion of such investigation and receipt of a report from
the New York State Division of Criminal Justice Services, the Chief
of Police shall cause a report to be made to the Board of Trustees
with respect to the foregoing. The Chief of Police shall not divulge
the specific information regarding an applicant's criminal history
as is received from the New York State Division of Criminal Justice
Services and shall merely inform the Board of Trustees whether or
not the applicant has been convicted of a crime. Upon receipt of such
report, the Board of Trustees shall fix a time and place for a public
hearing thereon and shall provide notice of said public hearing by
publishing a notice thereof in the official newspaper of the Village
at least five days in advance of such hearing and by conspicuously
posting such notice in five public places at least five days prior
to the date of the hearing.
[Amended 1-24-1994 by L.L. No. 1-1994; 9-19-1994 by L.L. No. 11-1994]
G.
Prior arrests and convictions, including the nature of the offense,
jurisdiction, date committed and sentence, if any.
H.
Convictions for moving violations within the last 36 months.
I.
All accidents during the prior 36 months involving property damage
or personal injury, together with a full explanation of the same.
J.
Days and hours when the applicant intends to operate each licensed
vehicle.
K.
Any additional information which the Board of Trustees may require.
[Amended 6-21-1999 by L.L. No. 3-1999]
No certificate shall be issued or continued in operation unless
the holder thereof has paid an annual license fee as set by resolution
of the Board of Trustees in the Standard Schedule of Fees.[1] Said license fees shall be for the period March 1 to February
28 of each year and shall be in addition to any other license fees
or charges established by proper authority and applicable to said
holder of the vehicle or vehicles under his operation and control.
[1]
Editor's Note: A copy of the current Standard Schedule
of Fees is on file in the Village offices.
Upon the filing of an application, the Board of Trustees shall
fix a time and place for a public hearing thereon and shall provide
notice of said hearing by publishing a notice thereof in the official
newspaper of the Village at least five days in advance of such hearing
and by conspicuously posting such notice in five public places at
least five days prior to the date of the hearing.
If the Board of Trustees, following a public hearing, finds
that the applicant for a taxicab license is of good moral character,
has not been convicted of a crime, is capable of providing taxicab
service in a safe and efficient manner, is able to comply with the
insurance requirements of this chapter and is willing and able to
comply with all the other requirements and provisions of this chapter,
then the Board of Trustees shall approve the application and direct
the Village Clerk to issue a taxicab license setting forth the name
and address of the applicant, the number, description, license plate
numbers and identity numbers for each vehicle and the date of issuance.
If the Board of Trustees cannot make such findings, it shall deny
the application.
[Amended 5-18-1998 by L.L. No. 8-1998]
The Clerk shall not issue a taxicab license upon approval by
the Board of Trustees until the applicant provides a certificate of
insurance, identifying the Village of Suffern as the certificate holder,
demonstrating that every vehicle which will be operated in the Village
is insured in the amount of $100,000 for bodily injury to any person,
$300,000 for injuries to more than one person which are sustained
in the same accident and $50,000 for property damage resulting from
one accident, by an insurance company licensed to do business in the
State of New York. The licensee shall also provide a certificate demonstrating
that a policy of workers' compensation is in full force and effect.
The applicant must keep said policies of insurance in effect at all
times, and the licensee shall provide a current certificate of insurance
to the Village Clerk prior to the end of the policy period specified
in the certificate of insurance. Said certificate of insurance shall
provide for 20 days' notice of cancellation to the Village.
[Amended 5-18-1998 by L.L. No. 8-1998]
A.
Upon the issuance of a taxicab license, the Village Clerk shall thereupon
assign and designate a number for such licensed taxicab, which shall
be permanently displayed on the exterior front doors, the upper quarter
panel and the center of the front deck of said taxicab, in numbers
at least six inches in height and one inch in width, in a color that
contrasts with the background color of the taxicab, so that the same
is legible at a distance of 50 yards, during the daylight hours. Said
number shall also be permanently displayed in the interior of the
taxicab in numbers at least two inches in height so that the same
is visible to passengers in the front and rear of the taxicab.
B.
In addition to the foregoing, all taxicabs shall be clearly identified
or marked as follows on the exterior:
A.
Each taxicab shall display, at all times, a rate card which shall
contain the name and address of the owner of the taxicab and the taxicab
number assigned to said taxicab. The rate card shall also contain
a schedule of fare charges as determined by the Board of Trustees.
In addition, there shall also be displayed, at all times, the driver's
license of the driver of the taxicab issued by the Village of Suffern,
containing a photograph of the driver with the driver's name,
date of birth, description of driver, motorist identification number
and Village driver's license number, as assigned.
B.
Both of the above cards shall be placed on the dashboard inside said
taxicab and shall be illuminated after sundown so that they are clearly
readable from the rear seat by a passenger.
C.
A notice shall be placed in each taxicab attached to the rear of
the front seat, which shall read as follows: "For Complaints —
If a passenger has any complaint regarding the operation of the vehicle
or the conduct of the driver, call the Village of Suffern, (914) 357-2600,
between the hours of 8:00 a.m. and 4:00 p.m., and thereafter the Suffern
Police Department, (914) 357-2300, giving the name of the owner, the
number of the taxicab and the substance of the complaint, together
with the complainant's name, address and telephone number.
The Village Clerk shall keep a register or card index of the
name of each person owning or operating a taxicab licensed under this
chapter, together with a license identification number and a description,
make and color marking of such vehicle. Such record shall be open
to the inspection of the public at all reasonable times. A copy of
said license and register shall be filed with the police department.
[Amended 6-21-1999 by L.L. No. 3-1999]
A taxicab license issued as of March 1 shall expire on the last
day of February next succeeding, unless sooner suspended or revoked.
No taxicab license may be sold, mortgaged, encumbered or otherwise
transferred except with the prior approval of the Board of Trustees
of the Village of Suffern.
A.
A taxicab license issued under the provisions of this chapter may
be revoked or suspended by the Board of Trustees if the holder thereof
has:
(1)
Violated any of the provisions of this chapter.
(2)
Discontinued operations for more than 60 days.
(3)
Violated any ordinances of the Village of Suffern or the laws of
the United States or the State of New York, the violations of which
reflect unfavorably on the fitness of the holder to offer public transportation.
(4)
Charged excessive fares.
B.
Prior to suspension or revocation, the holder shall be given notice
of the proposed action to be taken and shall have an opportunity to
be heard.
A.
Upon the death of the holder of any taxicab license under this chapter,
the same shall be automatically annulled and canceled, except that
the Board of Trustees may issue a temporary license without adhering
to the formal requirements in the following cases:
(1)
To the executor or administrator of the estate of a licensee.
(2)
To a surviving next of kin of such deceased licensee, where no administrator
of his estate has been appointed and no executor has qualified under
his duly probated will.
(3)
To the surviving member or members of a firm or association which,
at the time of death of a member, was such a licensee.
(4)
To a designated person, firm or corporation where the licensee has
been called into the service and is a member of the Armed Forces of
the United States of America.
B.
Such temporary license may be issued for a term not exceeding 90
days from the date of death of such deceased licensee, and the Board
of Trustees may, in its discretion, renew such license for an additional
term or terms of 90 days each, not exceeding in the aggregate one
year.
No person shall operate a taxicab for hire upon the streets
of the Village of Suffern, and no person who owns or controls a taxicab
shall permit it to be so driven, and no taxicab licensed by the Village
of Suffern shall be so driven at any time for hire, unless the driver
of said taxicab shall have first obtained and shall have then in force
a taxicab driver's license issued under the provisions of this
chapter.
A.
An application for a taxicab driver's license shall be filed
with the Village Clerk on forms provided by the Village of Suffern,
and such application shall be verified under oath and shall contain
the following information:
(1)
The names and addresses of four residents of the Village of Suffern
who have known the applicant for a period of five years and who will
vouch for the sobriety, honesty and general good character of the
applicant.
(2)
The experience of the applicant in the transportation of passengers.
(3)
The educational background of the applicant.
(4)
A concise history of his employment.
(5)
The arrest record of the applicant.
(6)
New York State Department of Criminal Justice Services fingerprint
card containing thereon the fingerprints of the applicant and the
appropriate processing fee required by the Department of Criminal
Justice Services.
[Amended 1-24-1994 by L.L. No. 1-1994]
(7)
A full-face picture, passport size.
B.
Each application shall be accompanied by a certificate from a physician
licensed to practice in the State of New York certifying that, in
his opinion, the applicant is not inflicted with any disease or infirmity
which might make him an unsafe or unsatisfactory driver. At the time
the application is filed, the applicant shall pay to the Village Clerk
a sum as set by resolution of the Board of Trustees in the Standard
Schedule of Fees of the Village of Suffern.[1]
Before any application can be finally passed upon by the Board
of Trustees, the applicant shall be required to pass a satisfactory
examination as to his knowledge of the Village and to prove that he
has a permanent motor vehicle chauffeur's license issued by the
State of New York.
[Amended 1-24-1994 by L.L. No. 1-1994; 9-19-1994 by L.L. No. 11-1994; 1-23-1995 by L.L. No. 1-1995]
Upon the filing of a complete application for a taxi driver's
license, the Village Clerk shall refer the application to the Chief
of Police who shall conduct an investigation of the applicant, including
verification of the accuracy of the information contained in the license
application. The Chief of Police shall cause the required processing
fee and the New York State Division of Criminal Justice Services fingerprint
card containing the applicant's fingerprints to be forwarded
to the New York State Division of Criminal Justice Services for the
purpose of determining the arrest and conviction record of the applicant.
Upon completion of such investigation and receipt of a report from
the New York State Division of Criminal Justice Services, the Chief
of Police shall cause a report to be made to the Board of Trustees
with respect to the foregoing. The Chief of Police shall not divulge
the specific information regarding an applicant's criminal history
as is received from the New York State Division of Criminal Justice
Services and shall merely inform the Board of Trustees whether or
not the applicant has been convicted of a crime.
[Amended 9-19-1994 by L.L. No. 11-1994; 1-23-1995 by L.L. No.
1-1995]
If the Board of Trustees, following a public hearing, finds
that the applicant for a taxicab driver's license is of good
moral character, has not been convicted of a crime, is capable of
providing taxi service in a safe and efficient manner and has satisfactorily
provided the reports and certifications required to be attached to
the application and has complied with all other requirements of this
chapter, the Board of Trustees shall approve the application.
A.
Upon approval of an application for a taxicab driver's license,
the Village Clerk shall issue a license to the applicant which shall
bear the name, address, color, age, signature and photograph of the
applicant.
B.
Such license shall be in effect for the remainder of the calendar
year; thereafter, it shall be issued upon the payment of a fee as
set by resolution of the Board of Trustees in the Standard Schedule
of Fees of the Village of Suffern,[1] unless the license for the preceding year has been revoked.
Every driver licensed under this chapter shall post his driver's
license in such a place as to be in full view of all passengers while
such driver is operating a taxicab, and there shall be affixed to
such license in a space provided therefor a full-face picture of such
licensee, said picture to be passport size.
The Chief of Police is hereby given the authority to suspend
any driver's license issued under this chapter for a driver's
failing or refusing to comply with the provisions of this chapter,
such suspension to last for a period of not more than 90 days. The
Chief of Police is also given authority to revoke any driver's
license for failure to comply with the provisions of this chapter.
However, a license may not be revoked unless the driver has received
written notice and has had an opportunity to present evidence in his
behalf.
Every driver licensed under this chapter shall comply with all
Village, state and federal laws. Failure to do so will justify the
Board of Trustees suspending or revoking a license.
A.
Vehicles must be licensed prior to the use and operation of any vehicle under the provisions of this chapter. Vehicles must be inspected by an inspection facility licensed by the State of New York for compliance with the standards promulgated by the State of New York for taxicabs and the rules and regulations which may be promulgated by the Chief of Police. The Board of Trustees hereby delegates to the Chief of Police the authority to promulgate rules and regulations and standards for the inspection of taxicabs to provide for safe transportation, safety equipment and regulatory devices. The Chief of Police is also delegated authority to promulgate an inspection form which must be completed by such licensed inspection facility prior to the licensing of a vehicle and upon semiannual inspection required pursuant to § 248-29C.
[Amended 1-24-1994 by L.L. No. 1-1994]
B.
When the Board of Trustees finds that a vehicle has met the standards,
rules and regulations established by the Board of Trustees, it shall
direct the Village Clerk to issue a license to that effect, which
shall also state the authorized seating capacity of said vehicle.
C.
Every vehicle operating pursuant to a license issued under the provisions
of this chapter shall be inspected for mechanical safety, operating
efficiency and cleanliness by an inspection facility licensed by the
State of New York at least twice a year to ensure continued maintenance,
safety and cleanliness of such vehicles.
[Amended 1-24-1994 by L.L. No. 1-1994]
Each taxicab shall bear a sign or insignia readily identifying
it as a public taxicab, and said sign or insignia so carried upon
each taxicab shall be first submitted and approved as to size and
method of attachment by the Board of Trustees.
[Amended 5-18-1998 by L.L. No. 8-1998; 11-17-2003 by L.L. No. 9-2003; 8-7-2006 by L.L. No. 8-2006]
Every taxicab operated under this chapter shall have a rate
card setting forth the authorized rates of fare displayed in such
a place as to be in view of all passengers. No owner or driver of
a taxicab shall charge more than $6 for travel to and from a location
in the Village of Suffern. There shall be an additional charge of
$2 for additional passengers. There shall be no additional charges
for handling packages or baggage.
The driver of any taxicab shall, upon demand by the passenger,
render to such passenger a receipt for the amount charged, either
by a mechanically printed receipt or by a specially prepared receipt,
on which shall be the name of the owner, license number or motor number,
amount of meter reading or charges and the date of transaction.
It shall be unlawful for any person to refuse to pay the legal
fare of any of the vehicles mentioned in this chapter after having
hired the same, and it shall be unlawful for any person to hire any
vehicle herein defined with intent to defraud the person from whom
it is hired of the value of such service.
A.
Solicitation of passengers by driver. No driver shall solicit passengers
of a taxicab except when sitting in the driver's compartment
of such taxicab or while standing immediately adjacent to the curbside
thereof. The driver of any taxicab shall remain in the driver's
compartment or immediately adjacent to his vehicle at all times when
such vehicle is upon the public streets, except that, when necessary,
a driver may be absent from his taxicab for no more than 15 consecutive
minutes, and provided further that nothing herein contained shall
be held to prohibit any driver from alighting to the street or sidewalk
for the purpose of assisting passengers into or out of such vehicle.
B.
Prohibited solicitation. No driver shall solicit patronage in a loud
or annoying tone of voice or by sign or in any manner annoy any person
or obstruct the movement of any persons or follow any person for the
purpose of soliciting patronage. Drivers shall not congregate in groups
away from their cabs on public sidewalks or streets to solicit patronage.
C.
Receipt and discharge of passengers on sidewalk only. Drivers of
taxicabs shall not receive or discharge passengers in the roadway
but shall pull up to the right-hand sidewalk as nearly as possible
or, in the absence of a sidewalk, to the extreme right-hand side of
the road and there receive or discharge passengers, except upon one-way
streets, where passengers may be discharged at either the right- or
left-hand sidewalk or side of the roadway in the absence of a sidewalk.
D.
Additional passengers. No driver shall permit any other person to
occupy or ride in said taxicab unless the person or persons first
employing the taxicab shall consent to the acceptance of the additional
passenger or passengers.
E.
Restriction on number of passengers. No driver shall permit more
persons to be carried in a taxicab as passengers than the rated seating
capacity of his taxicab as stated in the license for said vehicle
issued by the Police Department. A child in arms shall not be counted
as a passenger.
F.
Refusal to carry orderly passengers prohibited. No driver shall refuse
or neglect to convey any orderly person or persons upon request, unless
previously engaged or unable or forbidden by the provisions of this
chapter to do so.
G.
Solicitation for hotels. It shall be a violation of this chapter
for any driver of a taxicab to solicit business for any hotel or to
attempt to deliver patrons from one hotel to another, neither shall
such driver engage in selling intoxicating liquor or solicit business
for any houses of ill-repute or use his vehicle for any purpose other
than the transporting of passengers.
H.
Uniform to be worn. All drivers shall at all times while soliciting
patronage and while operating their vehicles be neat and clean and
shall wear a cap and blouse. There shall be affixed to both cap and
blouse the name of the taxicab company by whom the driver is employed.
A.
The Board of Trustees of the Village of Suffern is hereby authorized
and empowered to establish open stands in such place or places upon
the streets of the Village of Suffern as it deems necessary for the
use of taxicabs situated in the Village. Said Board of Trustees shall
not create an open stand without taking into consideration the need
for such stands by the companies and the convenience to the general
public. The Board of Trustees shall prescribe the number of cabs that
shall occupy such open stands. The Board of Trustees shall not create
an open stand in front of any place of business where the abutting
property owners object to the same or where such stand would tend
to create a traffic hazard.
B.
Open stands shall be used by the different drivers on a first-come-first-served
basis. The driver shall pull onto the open stand from the rear and
shall advance forward as the cabs ahead pull off. Drivers shall be
required to stay within a reasonable distance of their cabs, but in
no event beyond a distance of 50 feet, and within full view of the
cab. They shall not solicit passengers or engage in loud or boisterous
talk while at an open stand. Nothing in this chapter shall be construed
as preventing a passenger from boarding the cab of his choice that
is parked at open stands.
A.
The Board of Trustees is hereby authorized and empowered to establish
call box stands upon the streets of the Village of Suffern in such
places as in its discretion it deems proper. A holder desiring to
establish a call box stand shall make written application to the Board
of Trustees. The applicant must attach to the application the written
approval of the abutting property owners of said space, consenting
to the creation of such stand. Upon filing of the application, the
Police Department shall make an investigation of the traffic conditions
at each place and shall thereafter file its written recommendation
to the Board of Trustees. The Board of Trustees shall then either
grant or refuse the application. When a call box stand has been established
as herein provided, it shall be used solely by the holder to whom
the same was granted and his agents and servants, and no other holder
shall be permitted to use the same; provided, however, that no holder
shall obtain permits for more than one such closed stand within the
downtown business area.
B.
A holder operating a call box stand as provided for in this chapter
shall be allowed to have on duty at such stand a starter or other
employee for the purpose of assisting in the loading or unloading
of passengers from cabs, for receiving calls and dispatching cabs
and for soliciting passengers at such stand. The words "at such stand"
shall mean that part of the sidewalk immediately adjacent to and of
equal length with such call box stand. It shall be unlawful for any
such starter or other employee to go beyond the area herein designated
for the purpose of soliciting passengers or assisting them in boarding
such cabs.
Private or other vehicles for hire shall not at any time occupy
the space upon the streets that has been established as either open
stands or call box stands.
All persons engaged in the taxicab business in the Village of
Suffern operating under the provisions of this chapter shall render
an overall service to the public desiring to use taxicabs. Holders
of certificates of public conveyance and necessity shall maintain
a central place of business or telephone for the purpose of receiving
calls and dispatching cabs. They shall answer all calls received by
them for service inside the corporate limits of the Village of Suffern
as soon as they can do so; and if said services cannot be rendered
within a reasonable time, they shall then notify the prospective passengers
how long it will be before said call can be answered and give the
reason therefor. Any holder who shall refuse to accept a call anywhere
in the corporate limits of the Village of Suffern at any time when
such holder has available cabs or who shall fail or refuse to give
overall service shall be deemed a violator of this chapter, and the
certificate granted to such holder shall be revoked at the discretion
of the Board of Trustees.
A.
Every holder shall keep accurate records of receipts from operations,
operating and other expenses, capital expenditures and such other
operations information as may be required by the Board of Trustees.
Every holder shall maintain such information and other data required
by this chapter at a place readily accessible for examination by the
Board of Trustees.
B.
Every holder shall submit reports of receipts, expenses and statistics
of operation to the Board of Trustees for each calendar year. Said
reports shall reach the Village Clerk on or before the 28th day of
February on the year following the calendar year for which such reports
are filed. Every person who comes within the scope of this subsection
may be required to submit to examination under oath by the Board of
Trustees or as its designee in relation to matters covered by said
subsection.
C.
All accidents arising from or in connection with the operation of
taxicabs which result in death or injury to any person or in damage
to any vehicle or to any property in an amount exceeding $50 shall
be reported within 24 hours from the time of occurrence to the Police
Department in a form of report to be furnished by such Department.
D.
Service contract reports. It shall be mandatory for all holders to
file with the Village Clerk copies of all contracts, agreements, arrangements,
memoranda or other writings relating to the furnishing of taxicab
service to any hotel, theater, hall, public resort, railway station
or other place of public gathering, whether such arrangement is made
with the holder or any corporate firm or association with which the
holder may be interested or connected. Failure to file such copies
within seven days shall be sufficient cause for the revocation of
a certificate of any offending holder or the cancellation of any cab-stand
privileges.
Subject to the rules and regulations of the Board of Trustees,
it shall be lawful for any person owning or operating a taxicab or
motor vehicle for hire to permit advertising matter to be affixed
to or installed in or on such taxicabs or motor vehicles for hire.
The Police Department of the Village of Suffern is hereby given
the authority and is instructed to watch and observe the conduct of
holders and drivers operating under this chapter. Upon discovering
a violation of the provisions of this chapter, the Police Department
shall report the same to the Board of Trustees, which will order or
take appropriate action.
