[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:
A for-profit transportation service providing a livery vehicle
for hire.
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.
A for-profit transportation service providing a taxi cab
for hire.
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:
A.
No freestanding or building-mounted signs advertising the business
shall be permitted on the lot. This subsection shall not apply to
the business vehicle.
B.
Each vehicle used as a taxi cab shall be properly identified as such
as follows:
(1)
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.
(2)
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.
C.
Day-glow, fluorescent or bright colors shall not be used or otherwise
exhibited for any lettering, numbering or vehicle finish or design
thereon.
D.
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]
E.
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.
F.
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.
G.
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.[1]
[Added 6-25-2013 by L.L. No. 2-2013; amended 3-7-2017 by L.L. No. 2-2017]
[1]
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
Taxi cab fare rates must be clearly displayed within the vehicle.
F.
The owner/operator of the livery vehicle or taxi cab shall, at all
times, ensure that:
(1)
The interior of the livery vehicle or taxi cab is at all times kept
in a clean and sanitary condition;
(2)
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.
G.
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.
H.
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.
I.
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:
A.
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.
B.
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.
C.
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.
D.
The operator of the taxi shall maintain complete vehicle trip sheets
which shall include:
(1)
The name and driver's license number of each driver operating
the vehicle;
(2)
The date, start time in hour and minutes, and place of origin of
each trip for each passenger;
(3)
The time and location of the dropoff location;
(4)
The fare and trip charged for each passenger and trip;
(5)
The date, time, location and description of any accident or breakdown;
(6)
Any citation or violation issued regarding the taxicab or the conduct
of the driver.
E.
Trip sheets must be provided to any police officer upon demand.
F.
Trip sheets must be kept on file and made available for audit, examination
or inspection for two years.
G.
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.
H.
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.
I.
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.
J.
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.
K.
All special use permits shall be granted by the Zoning Code Enforcement
Officer.
A.
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.
B.
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:
(1)
Where the special permit holder has violated any provision of this
chapter; or
(2)
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.
A.
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.
B.
Each day such violation occurs shall constitute a separate offense.
