[HISTORY: Adopted by the Town Board of the Town of Kent 6-28-2010 by L.L. No. 6-2010. Amendments noted where applicable.]
A special use permit may be granted in the R-10 District or the C District, or zoning districts, for the accessory use of a permit or lot to operate a livery service or taxicab service, as defined herein, subject to the following requirements and conditions.
The following definitions shall apply to this section:
- LIVERY SERVICE
- A for-profit transportation service providing a livery vehicle for hire.
- LIVERY VEHICLE
- A four-door passenger motor vehicle, including but not limited to a chauffeured limousine, which is used in the business of transporting passengers for compensation, but does not include vehicles which are rented or leased without a driver or a bus, van, omnibus, motorcoach or similar vehicles typically used to transport multiple passengers. Livery vehicles are typically luxury vehicles, with no identifying markings or advertisements on the exterior of the vehicle, which may be used for providing local or long-distance transportation services.
- A person or persons who have engaged a livery vehicle or taxi cab for the purpose of being transported to a destination, or a person or persons who are awaiting the arrival of a dispatched for-hire vehicle.
- Any motor vehicle having a seating capacity of not more than seven persons in addition to the driver and engaged in the business of carrying persons for compensation, but shall not include vehicles which are rented or leased without a driver or a bus, omnibus, motorcoach or similar vehicles typically used to transport multiple passengers. Taxi cabs have identifying markings or advertisements on the exterior of the vehicles and typically provide only local transportation services.
- TAXICAB SERVICE
- A for-profit transportation service providing a taxi cab for hire.
- VEHICLE OWNER
- An individual or the principal of a corporation in whose or which name a vehicle is titled, or the lessee of such vehicle from the titled owner.
No special use permit shall be issued where the issuance of said permit would result in a change to the residential character of the property or the neighborhood.
No livery service or taxi cab service shall be located within 900 feet of any other livery service or taxi cab service, as measured between the closest property corners.
No special use permit shall be approved unless the applicant is in full compliance with these conditions, which shall be incorporated into the approval of said permit:
No freestanding or building-mounted signs advertising the business shall be permitted on the lot. This subsection shall not apply to the business vehicle.
Each vehicle used as a taxi cab shall be properly identified as such as follows:
Each vehicle used as a taxi shall be identified by a small illuminated sign on the roof of the vehicle, not exceeding eight inches in height, 18 inches in length and five inches in depth.
Each vehicle shall have the registered business name or business owner and phone number of the taxi business displayed on the right passenger-side and on the left driver-side doors and may have the name and phone number on the rear trunk. The lettering on the doors shall not be less than three inches in height and three inches in width, with a quarter-inch paint stroke in a color contrasting to the door color, to be readable during operation when the taxi is likely to be used.
Day-glow, fluorescent or bright colors shall not be used or otherwise exhibited for any lettering, numbering or vehicle finish or design thereon.
Each lot for which a special use permit may be issued shall have thereon a single-family residence which shall be either owned by the owner/operator of the vehicle used in the livery service or taxicab service or the owner/operator shall be the lawful tenant of the property.
[Amended 6-25-2013 by L.L. No. 2-2013]
Off-street parking shall be provided for the vehicle, which shall be in addition to the parking required for the single-family residence, as established by the Kent Town Code. The driveway providing access to the residential home and parking area shall also not be used to meet the off-street parking requirements. The parking area for each vehicle that will be used shall meet the dimensional and construction standards of this chapter unless said standards have been waived by the Planning Board pursuant to § A81-26.
The vehicle used for the livery service or taxi cab service shall be operated by the property owner and not more than one other individual, subcontractor or employee.
Any application for a special use permit under this chapter shall be accompanied by a fee as established by resolution of the Town Board and set forth in the Town fee schedule.
[Added 6-25-2013 by L.L. No. 2-2013; amended 3-7-2017 by L.L. No. 2-2017]
Editor's Note: The fee schedule is on file in the Town offices.
The owner/operator of the livery service, taxi cab service, livery vehicle or taxi cab shall at all times meet the following qualifications:
The livery vehicle or taxi cab shall at all times meet the following requirements:
The livery vehicle or taxi cab at all times shall have a valid New York State motor vehicle registration and a valid New York State inspection sticker, both of which shall be affixed to the front windshield of the vehicle.
The livery vehicle or taxi cab shall have attached to the vehicle New York State license plates which meet the requirements for a livery vehicle.
The livery vehicle or taxi cab shall comply with the New York State Insurance Law regarding coverage by bond or policy of liability insurance and all other forms of insurance required by law.
The appearance of the vehicle shall be in good condition, with the fenders and body of the vehicle rigidly and tightly fastened to said vehicle, free from dents or mutilation, and painted with an exterior finish coat of paint. The vehicle shall be in such condition as to allow the full opening of all doors of the vehicle. The front windshield and side and rear windows shall be untainted, in good condition and free of cracks, breaks or deformities.
Taxi cab fare rates must be clearly displayed within the vehicle.
The owner/operator of the livery vehicle or taxi cab shall, at all times, ensure that:
The interior of the livery vehicle or taxi cab is at all times kept in a clean and sanitary condition;
The jack, spare tire, and other equipment in the trunk or other storage area of the vehicle is secured; and covered with appropriate material to avoid damage to a passenger's luggage or other possessions.
All taxi cabs shall have four doors, two of which lead into the driver's compartment, and all doors shall be constructed so that they may be opened from the inside and the outside. No vehicle used as a taxi cab shall be a two-door vehicle.
No livery vehicle or taxi cab owner shall allow a registered vehicle to operate as a livery vehicle or taxi cab unless all seat belts and shoulder belts are clearly visible, accessible and in good working order. Each for-hire vehicle shall be equipped with shoulder belts for both outside rear-seat passenger positions.
Every licensed vehicle shall be equipped with a standard speedometer that is not inoperative or disconnected.
[Amended 6-25-2013 by L.L. No. 2-2013]
The following operating standards shall be a condition of the special permit approved for the operation of a taxicab service:
Each taxicab driver shall, upon the request of the passenger making payment, and upon receipt of full payment for the authorized fare, give a receipt to the passenger making the payment.
Taxicab drivers may not carry any additional riders other than the first fare employing the cab without the permission of the first fare employing the cab.
The use of the vehicle horn for the purpose of notifying a fare of the arrival of the taxi shall not be permitted between the hours of 11:00 p.m. and 7:00 a.m. The use of the vehicle horn during any other times shall be a violation of this chapter.
The operator of the taxi shall maintain complete vehicle trip sheets which shall include:
The name and driver's license number of each driver operating the vehicle;
The date, start time in hour and minutes, and place of origin of each trip for each passenger;
The time and location of the dropoff location;
The fare and trip charged for each passenger and trip;
The date, time, location and description of any accident or breakdown;
Any citation or violation issued regarding the taxicab or the conduct of the driver.
Trip sheets must be provided to any police officer upon demand.
Trip sheets must be kept on file and made available for audit, examination or inspection for two years.
The owner/operator of the taxicab shall not dismiss, discharge, or otherwise require any passenger to leave the taxicab other than at the passenger's requested destination without cause. For this purpose, "cause" means the taxicab has become disabled or the passenger has become disorderly or has refused to pay the authorized fare. A driver who requires a passenger to leave the taxicab other than at the passenger's requested destination shall do so only at a well-lit public place or, if the taxicab has become disabled, to another taxicab and shall immediately notify the Town of Kent Police Department of all the details of the incident.
Any property left by a passenger in the taxicab shall be held by the driver for not less than 30 days and shall be returned to the passenger as soon as reasonably possible, but in any event, within 24 hours after its discovery, said property shall be surrendered to the Town of Kent Police Department.
No vehicle cleaning, maintenance or repairs shall be conducted on a residential lot for which a special use permit has been issued between the hours of 9:00 p.m. and 8:00 a.m.
No individual other than the property owner or his or her immediate family member shall loiter in, at or near the vehicle waiting for service calls.
All special use permits shall be granted by the Zoning Code Enforcement Officer.
No special permit shall be issued to an individual with a conviction for, or a plea of guilty or nolo contendere to, the violation of any law involving the commission of a felony that occurred within the past five years. By submission of an application pursuant to this chapter, the Zoning Board shall be authorized by the application to undertake a criminal history background check.
After notice to the holder of the special permit and a hearing, the Zoning Board of Appeals may refuse to issue a special permit or may revoke any special permit issued pursuant to this chapter:
Where the special permit holder has violated any provision of this chapter; or
On account of one or more convictions for, or pleas of guilty or nolo contendere to, the violation of any law involving the commission of a misdemeanor, including, but not limited to, any sexual offense, the illegal use, possession, or distribution of drugs or other controlled substances, any charge involving robbery, assault or battery, driving while intoxicated or otherwise impaired or any crime involving moral turpitude, that occurred within the past five years.
Any person, by himself or by herself or by his or her employee or agent or any person acting on his or her behalf, who shall operate a taxi or limousine service without a special permit shall be deemed to have committed a violation and shall, upon conviction, be punished by a fine of no less than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
Each day such violation occurs shall constitute a separate offense.