[HISTORY: Adopted by the Council of the City
of New Rochelle 12-14-1993 by Ord. No. 276-1993.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided
for the repeal of former Ch. 290, Taxicabs, adopted 9-18-1984 by Ord.
No. 222-1984, as amended.
As used in this chapter, the following terms
shall have the meanings indicated:
The driving of a taxicab in a creeping, crawling, inching
or dawdling manner when there is nothing to slow the driver down,
or the driving along a public street at a slow rate of speed, for
the purpose of soliciting passengers.
Any person licensed to drive a taxicab in the City of New
Rochelle.
The carrying of goods, packages, merchandise or other property
when the same is not accompanied by a passenger.
Any person owning a taxicab, including a purchaser under
a reserve title contract, conditional sales agreement or vendor's
lien agreement, and the lessee of any such vehicle or vehicles under
a written or oral lease or a similar contract, provided that such
purchaser or lessee shall be entitled to obtain in his name a license
or licenses therefor from the Commissioner of Motor Vehicles of the
State of New York.
For the purposes of this chapter, a "private livery cab"
will be considered a taxicab.
The card issued by the Police Commissioner for each licensed taxicab stating the taxicab rates of fare as defined in § 290-13A(1) and (2) of this chapter.
Any guide dog, signal dog, or other animal individually trained
to do work or perform tasks for the benefit of an individual with
a disability, including, but not limited to, guiding individuals with
impaired vision, alerting individuals with impaired hearing to intruders
or sound, providing minimal protection or rescue work, pulling a wheel
chair, or fetching dropped items.
[Added 7-15-2003 by Ord. No. 163-2003]
As defined in the Vehicle and Traffic Law of the State of
New York: "Every motor vehicle, other than a bus, used in the business
of transporting passengers for compensation, and operated in such
business under a license or permit issued by a local authority. However,
it shall not include vehicles which are rented or leased without a
driver". A "taxicab" shall have a taximeter, dome light, outside roof
light of permanent fixture and external markings as prescribed in
this chapter.
The sticker issued by the Police Commissioner and placed
on the vehicle by the inspecting police officer, certifying the vehicle
as a licensed New Rochelle taxicab as defined by this chapter. This
sticker shall state the vehicle medallion license number and the year
for which it is issued.
The license issued by the Police Commissioner authorizing
the use of the described vehicle as a taxicab. The license will be
issued subsequent to compliance with all licensing provisions of this
chapter. The license shall contain the name and address of the vehicle
owner, vehicle make, year, body type, plate number, vehicle identification
number (VIN), vehicle medallion inspection sticker number, receipt
number, expiration of medallion and the name and date of the officer
who inspected the vehicle.
The license issued by the Police Commissioner authorizing
the operator to drive a taxicab.
A mechanical instrument or device, approved by the Police
Commissioner, by which the charge for hire of a taxicab is mechanically
calculated and on which said charge is plainly indicated.
A.
No person shall own or operate a taxicab, for use
as such, in the City without first obtaining a taxicab medallion from
the Police Commissioner. The number of taxicab medallions that may
be issued under the provisions of this chapter is limited to 175.
This provision shall not apply to persons operating omnibuses as common
carriers issued under and pursuant to a certificate of convenience
and necessity issued by the Public Service Commission of the State
of New York.
B.
No person shall drive a taxicab without first obtaining
a taxicab operator's license from the Police Commissioner. Each applicant
for an operator's license must be licensed as a chauffeur (Class A,
B, C or E) by the State of New York and be 18 years of age or over.
C.
Anything to the contrary herein notwithstanding, the limitation of 175 taxicab licenses to be issued under Subsection A above shall be deemed to include reserved taxicab license applications which have been filed and fees thereon paid and for which the Police Commissioner is hereby authorized to reserve taxicab license numbers for a period of 90 days.
D.
In the event that a taxicab license is available within the limitation of 175 licenses provided in Subsection C above, the Police Commissioner, upon payment of a nonrefundable fee as set forth in Chapter 133, Fees, may reserve for a period of 90 days a taxicab license for an applicant covering a new car, provided that the applicant furnished a copy of a bill of sale and serial number for such taxicab. Where an applicant has purchased a secondhand motor vehicle to be converted into a taxicab and has furnished proof thereof to the Police Commissioner by documents or by affidavit, the Police Commissioner may, upon payment of a nonrefundable fee as set forth in Chapter 133, Fees, reserve a taxicab license for such applicant for a period of 30 days, in each instance to allow for the passage of time for a conversion, inspection and approval by the Police Department of the motor vehicle as a taxicab.
E.
In the event that the number of applications for a taxicab license exceeds the number of licenses provided in Subsection C above, there is hereby established a waiting list for applications in excess of the limitation of 175 licenses. Position on the waiting list shall be based on priority of receipt of completed application.
[Added 3-17-2015 by Ord.
No. 60-2015]
Application for a taxicab operator's license
shall be filed with the Police Commissioner upon forms provided by
the Police Commissioner and shall contain:
A.
The full name and current address of the applicant.
B.
The date of birth and age of the applicant.
C.
The home telephone number of the applicant.
D.
The residence of the applicant for the past five years.
E.
History relating to employment with New Rochelle taxicab
companies.
F.
Present employment.
G.
Previous employment for the past five years.
H.
Past and present driving license record.
I.
Past criminal convictions.
J.
Taxicab company applicant will drive/own taxicab.
K.
The motorist identification/client number and expiration
date of the applicant operator's license.
L.
Proof and/or results of submission to a drug screen
analysis for drugs or controlled substances as set forth in Public
Health Law § 3306 as directed by the Police Commissioner.
Such testing shall occur no sooner than 30 days prior to the date
the taxicab operator license application is submitted for approval.
[Amended 3-15-2011 by Ord. No. 57-2011]
N.
Such other information deemed necessary by the Police
Commissioner for the preservation of the public safety, health and
welfare.
[Amended 11-18-1997 by Ord. No. 248-1997]
Application for a taxicab medallion license
shall be made by the registered owner of the vehicle, notarized or
signed in the presence of the licensing police officer, and filed
with the Police Commissioner upon forms furnished by the Police Commissioner
and shall contain:
A.
The full name and current address of the owner.
B.
The date of birth and age of the owner.
C.
The home telephone of the owner.
D.
The year, make and model of the vehicle.
E.
The length of time the vehicle has been utilized as
a taxicab.
F.
The passenger capacity of the vehicle.
G.
The vehicle identification number and the Department
of Motor Vehicles license plate number.
H.
The name of the taxicab company and the vehicle number.
J.
Declaration as to the required workers' compensation
insurance or an exemption (Form C-105.21), issued by the State of
New York Workers' Compensation Board.
K.
Such other information deemed necessary by the Police
Commissioner for the preservation of the public health and welfare.
A.
Before the issuance of a taxicab operator's or taxicab
medallion license by the Police Commissioner, the application shall
be submitted to and approved by the Police Commissioner.
B.
The applicant shall satisfy the Police Commissioner
of the applicant's financial responsibility and ability to provide
safe transport. The Commissioner of Police, in his discretion, may
request such additional proof not appearing upon the application with
respect to the character and financial responsibility of the applicant
as, in his discretion, may be necessary for him to determine in his
sole judgment whether or not the best interests of the general public,
its safety and welfare will be had on the approval or denial of said
applicant. The Police Commissioner, making his determination, shall
take into consideration whether the individual's record of criminal
convictions and/or his record of driving convictions has a direct
relationship upon the work he is to perform under the license. He
shall further consider whether the individual has received a certificate
of relief from disability or a letter of good conduct.
[Amended 3-15-2011 by Ord. No. 57-2011]
C.
Prior to the approval of a taxicab operator's or taxicab
medallion license application, the applicant shall submit to a fingerprint
criminal history background investigation with the New York State
Division of Criminal Justice Services (D.C.J.S.), Albany, New York.
The applicant shall not have been convicted of any crime involving
degeneracy, moral turpitude, fraud or fraudulent practices or the
illegal use, sale or possession of marijuana or a controlled substance
or for a violation of § 1192 of the Vehicle and Traffic
Law of the State of New York.
D.
Submission of the fingerprint card for the criminal
history background check by D.C.J.S. shall include the appropriate
processing fee as mandated by the D.C.J.S. The result of the background
check will be reviewed by and be the responsibility of the Commander
of the Special Operations Unit of the City of New Rochelle Police
Department. A report will be prepared for submission to the Police
Commissioner for his approval. Licenses will be issued on a conditional
basis pending the results of the criminal history background check
from D.C.J.S.
E.
Submit, for registration of a taxicab medallion, a
certificate of workers' compensation insurance or Form C-105.21, Statement
that Applicant Does Not Require Workers' Compensation or Disability
Benefits Coverage, if the applicant is not required to carry such
insurance. The certificate of workers' compensation insurance shall
state the City of New Rochelle Police Department as the certificate
holder.
F.
Submit, for registration of a taxicab medallion, a
State of New York, Department of Motor Vehicles, FH-1 Insurance Certificate,
for-hire passenger vehicle, for the motor vehicle that will be registered
as a taxicab. The applicant shall continually maintain the statutory
liability insurance for the registered vehicle as mandated by the
State of New York. The applicant shall submit a letter from the insurance
company issuing the FH-1 naming the City of New Rochelle Police Department
as the certificate holder.
G.
Submit, for registration of a taxicab medallion, a
certificate of inspection of the taxicab meter. The inspection shall
be completed within 90 days of the submission of the taxicab medallion
application to the Police Department. The inspection of the taxicab
meter shall be completed by a certified mechanic employed at a taxicab
meter shop authorized by the Police Commissioner.
[Amended 1-18-1994 by Ord. No. 22-1994]
H.
Submit, for approval of a taxicab operator's license,
a certification from a medical doctor stating that the applicant was
examined by the physician within the calendar month next preceding
application for such license and that the applicant is not afflicted
with any diseases or physical or mental condition which might make
him an unsafe or unsatisfactory driver of a taxicab.
[Added 11-18-1997 by Ord. No. 248-1997]
I.
Submit,
for approval of a taxicab operator's license, to a drug screen analysis
for drugs or controlled substances as set forth in Public Health Law
§ 3306 as directed by the Police Commissioner. Said drug
screen analysis must be negative for said drugs or controlled substances
to satisfy the Police Commissioner of the applicant's ability to provide
safe transport in order to protect the interests of the general public,
its safety and welfare.
[Added 3-15-2011 by Ord. No. 57-2011]
A.
Fees, as set forth in Chapter 133, shall be paid to the Police Commissioner upon the issuance, renewal or the replacement, transfer or assignment of a taxicab operator's license, taxicab medallion license or taxicab inspection sticker.
[Amended 4-19-1994 by Ord. No. 83-1994; 3-17-2015 by Ord. No.
60-2015]
B.
A taxicab medallion license shall be issued for the
term of one year to expire April 30. Any taxicab medallion license
issued after October 31 shall pay 1/2 of the full fee and shall
also expire April 30.
[Amended 11-19-2013 by Ord. No. 182-2013]
C.
A taxicab operator's license shall be issued for the
term of one year to expire December 31. Any taxicab operator's license
issued after June 30 shall pay 1/2 the full fee and shall also
expire December 31.
[Amended 11-19-2013 by Ord. No. 182-2013]
D.
Upon submission of a taxicab operator's license and/or
taxicab medallion application, the applicant shall submit half the
total amount of the fee required, which shall be nonrefundable. Upon
completion of the investigation of the application, the applicant
shall submit the second half of the required fee before the license
is issued. If a license issued on a conditional basis is denied as
a result of the D.C.J.S. criminal history background check, the total
amount of the license fee shall be refunded on a prorated basis.
[Amended 11-18-1997 by Ord. No. 248-1997; 12-14-2004 by Ord. No. 284-2004; 3-15-2011 by Ord. No.
57-2011]
A.
Upon application forms provided by the Police Commissioner and approved by the Police Commissioner and payment of the fee as set forth in § 290-6 20 days prior to the termination of the license, the Police Commissioner may, by proper endorsement thereon, approve the renewal of the license or cause a new license to be issued for the ensuing year. Any renewal application submitted after the termination of the license shall be subject to a delinquent fee of $30 along with a penalty fee of $4 for each day after the termination of the license that the vehicle remains unregistered.
B.
Licensees shall be tested annually, at the licensee's expense, for drugs or controlled substances, as set forth in § 3306 of the Public Health Law. Such testing shall occur no sooner than 30 days prior to the date the taxicab operator license application is submitted for approval. Such testing shall be performed by an individual or entity designated by the Police Commissioner and possessing a requisite permit issued by the New York State Department of Health. If the results of said test are positive, the driver's operator license may be suspended, revoked or refused to be renewed in accordance with § 290-9 of this chapter.
A.
The taxicab medallion license holder shall immediately notify the Police Commissioner upon the assignment, sale or transfer of a licensed taxicab. The taxicab medallion license holder shall submit a new application as prescribed in this chapter and pay the fee as set forth in Chapter 133, Fees.
[Amended 3-17-2015 by Ord. No. 60-2015]
[Amended 11-18-1997 by Ord. No. 248-1997; 1-15-2002 by Ord. No. 20-2002; 4-20-2004 by Ord. No. 88-2004]
A.
A taxicab operator's license or taxicab medallion
license may be suspended, revoked, or refused to be renewed by the
Police Commissioner for the following causes:
(1)
Expiration, suspension or revocation of the required
New York State Department of Motor Vehicle driver's license for taxicab
operator's license or vehicle registration for taxicab medallion license.
(2)
The Police Commissioner had determined from the driving
record of such taxicab operator that the driver does not possess the
qualities of competence necessary or desirable for the operation of
the taxicab based upon the individual's record of convictions of Vehicle
and Traffic Law offenses.
(3)
Such taxicab operator or taxicab medallion license
holder has failed to comply with rules and regulations of this chapter.
(4)
A licensee may be suspended if criminal proceedings
are instituted against the taxicab medallion license holder or taxicab
operator for any crime or offense reasonably related to the health,
safety or welfare of the public. Such licensee may be suspended, revoked
or refused to be renewed in the event of a conviction of such crime
or offense reasonably related to the health, safety or welfare of
the public.
[Amended 3-15-2011 by Ord. No. 57-2011; 9-20-2018 by Ord. No. 2018-180]
(5)
Such taxicab operator or taxicab medallion license
holder has been convicted of a violation of the City Code or state
law pertaining to taxicabs.
(6)
Such
taxicab operator has tested positive for drugs or controlled substances
as set forth in § 3306 of the Public Health Law.
[Added 3-15-2011 by Ord. No. 57-2011]
(7)
Such
taxicab operator has failed or refused to submit to a drug screen
analysis for drugs or controlled substances as set forth in § 3306
of the Public Health Law as required by this chapter.
[Added 3-15-2011 by Ord. No. 57-2011]
(8)
Such taxicab operator has failed to continue to meet the qualifications for licensure, as set forth in § 290-5 of this chapter, to satisfy the Police Commissioner of the licensee's ability to provide safe transport in order to protect the interests of the general public, its safety and welfare.
[Added 3-15-2011 by Ord. No. 57-2011]
B.
Hearings.
(1)
Order with notice. Notice of an order of suspension
or revocation of a license or refusal to renew a license shall be
given personally or by certified mail, return receipt requested, to
the licensee, directed to the address appearing on the records of
the Police Department for the licensee. The notice shall include a
statement that the licensee is entitled to and will be given a hearing
upon demand as hereinafter set forth.
(2)
Demand for a hearing shall be in writing and given
personally or by certified mail, return receipt, directed to the Police
Commissioner, within 10 days from personal service or within 15 days
from service by mail of the order of the Police Commissioner.
(3)
A hearing shall be held within 10 business days from
the date of personal service or service by mail of the demand for
a hearing, unless adjournment thereof is granted by the Police Commissioner
for good cause shown. Notice of the date, place and time of the hearing
shall be given in writing by mail to the applicant, directed to the
address appearing on the records of the Police Department for the
licensee or applicant.
(4)
In the event that demand for a hearing is not made
within the prescribed time or in the event that the licensee or applicant
does not timely appear for the hearing, the order of the Police Commissioner
shall then be final and conclusive.
C.
Mandatory hearing. In the event a taxicab operator
or taxicab medallion license holder has been convicted of three or
more violations of the City Code or state law applying to taxicabs,
occurring on three or more dates of violation during any given twelve-month
period, the Police Commissioner shall issue and give notice of revocation
of the license or refusal to renew the license personally or by certified
mail return receipt requested to the licensee, directed to the address
appearing on the records of the Police Department for the licensee.
The notice shall include a statement that the licensee shall be given
a hearing on such revocation or refusal to renew the license and shall
include the date, place, and time of the hearing, which shall be held
within 10 business days of service of the notice unless adjournment
thereof is granted by the Police Commissioner for good cause shown.
In the event the licensee does not appear for the hearing, the order
of the Police Commissioner shall be final and conclusive.
D.
Effect of a suspension, revocation, or refusal to
renew a license. In the event of a suspension, revocation, or refusal
to renew as provided for herein of a taxicab operator's license and/or
taxicab medallion license, the holder thereof shall deliver the taxicab
operator's license and/or the taxicab medallion license and/or taxicab
medallion inspection sticker to the Police Commissioner.
There shall be kept in the Police Department
a complete record of each license issued to an owner of a taxicab
as well as of all licensed operators, and of all renewals, suspensions
and revocations thereof. Such records shall be open to the inspection
of the public at all reasonable times and shall be a public record.
A.
The Police Commissioner shall issue taxicab medallion
inspection stickers. Two different taxicab medallion inspection stickers
may be issued by the Police Commissioner shall state "exempt" or "nonexempt."
Each series of taxicab medallion inspection stickers shall state "City
of New Rochelle, N.Y. Taxicab Medallion Inspection," the year in which
the sticker is valid and a medallion number. The intent for the exempt
and nonexempt sticker is to differentiate between taxis that require
workers' compensation insurance and those who have received an exemption
for workers' compensation insurance, Form C-105.21, issued by the
State of New York Workers' Compensation Board.
B.
Taxicab medallion inspection stickers issued to taxicab
owners that require workers' compensation insurance shall state "nonexempt"
on the sticker.
C.
Taxicab medallion inspection stickers issued to taxicab
owners that have received an exemption for workers' compensation insurance,
Form C105.21, issued by the State of New York Workers' Compensation
Board, shall state "exempt," on the sticker.
D.
Vehicles issued a nonexempt taxicab medallion inspection
sticker can be operated by any licensed New Rochelle taxicab driver
in accordance with this chapter.
E.
Vehicles issued an exempt taxicab medallion inspection
sticker can only be operated by the owner of the taxicab medallion
license.
F.
The taxicab medallion inspection sticker issued by
the Police Commissioner shall be affixed to the front windshield driver's
side, adjacent to the state inspection sticker of the vehicle by anyone
authorized by the Police Commissioner.
G.
The criteria necessary to obtain a taxicab medallion
license shall be continually maintained for the license to remain
in effect. Any lapse of a required condition of this chapter shall
result in the suspension or revocation of the taxicab medallion license.
The taxicab operator's license and taxicab medallion
license issued by the Police Department shall be displayed in a card
frame affixed to the interior portion of the vehicle, in such a manner
as to be visible at all times to all passengers and shall not obstruct
the driver's view of the windshield. The reverse side of the taxicab
operator's license and taxicab medallion license shall be utilized
to note the date of official police inspection and other data for
the guidance and use of the Police Department. Such inspection shall
be made at least once every six months.
A.
The maximum rate of fare for public taxicabs shall
be as follows:
[Amended 4-16-1996 by Ord. No. 76-1996; 7-18-2000 by Ord. No. 129-2000; 4-26-2005 by Ord. No.
93-2005; 7-15-2008 by Ord. No. 146-2008; 1-21-2020 by Ord. No. 2020-7; 7-19-2022 by Ord. No.
2022-115]
B.
In all cases where the hiring of a taxicab is not
at the time specified to be by the day or hour, it shall be deemed
by the mile.
C.
The taxicab medallion license owner shall display the rates of fare as outlined in Subsections A(1) and (2) of this section, and they shall be displayed in the interior portion of the vehicle in such a manner as to be visible at all times to all passengers and shall not obstruct the driver's view of the windshield.
D.
The owner of a taxicab who shall have demanded any
greater price or rate than he may be authorized to receive as aforesaid,
or in any case where the printed card is not maintained as required
by this section, shall not be entitled to receive any pay for the
conveyance of any passenger.
E.
The owner of a taxicab for hire shall provide for
each such taxicab a speedometer which shall at all times be in good
working condition.
F.
For the conveyance of passengers between the hours
of 11:00 p.m. and 6:00 a.m., the rate shall be 1 1/2 times the
day rate.
G.
As of January 1, 1985, all taxis shall be equipped
with a certified taximeter that is in good working condition at all
times.
H.
It shall be unlawful for a taxicab operator to drive
a taxicab not displaying a valid rate card.
I.
The owner of a taxicab shall display the senior citizen
discount in the amount of $0.40 off the initial fare of $4, which
discount shall be applicable all days and all hours, and all other
discounts offered to all senior citizens in the interior portion of
the vehicle in such a manner as to be visible at all times to all
passengers and shall not obstruct the driver's view of the windshield.
[Added 4-16-1996 by Ord. No. 76-1996; amended 7-18-2000 by Ord. No. 129-2000; 4-26-2005 by Ord. No. 93-2005; 7-15-2008 by Ord. No. 146-2008; 1-21-2020 by Ord. No. 2020-7]
J.
Taxicabs licensed by the City of New Rochelle and operated under a contract with the County of Westchester for the Bee-Line Cab program to service riders eligible for Westchester County's federally mandated Para Transit service intended to meet the requirements of Title II of the Americans with Disabilities Act and its implementing regulations. 49 CFR 37, Subpart F, shall charge riders the fares provided for in said contract and receive such other compensation as provided by contract under the Westchester County Bee-Line Cab program rather than the provisions of this section. The provisions of this Subsection J shall expire one year from adoption.
[Added 12-11-2012 by Ord. No. 195-2012]
Every operator of a taxicab shall have the right
to demand payment of the legal fare in advance and may refuse employment
unless so prepaid, but no operator of a taxicab shall, otherwise,
refuse or neglect to convey any orderly person or persons upon request
anywhere in the City, unless previously engaged or unable to do so.
Whenever any dispute shall arise between the
operator and the passenger as to the amount of fare due the driver,
the amount demanded by the operator shall be deposited by the passenger
with the officer in charge of the police station of the City until
a determination is made by the City Judge or, in his absence, the
Acting City Judge, as to the amount actually due the operator. It
shall be the duty of the officer in charge of the police station to
whom the amount shall have been paid to have the case placed on the
court calendar for the following court day.
[Amended 7-15-2003 by Ord. No. 163-2003]
A.
A driver may only solicit a passenger while sitting
in his or her driver's seat and may only use the words "taxi" or "cab"
or "taxicab" in connection with such solicitation.
B.
A driver may not utilize the services of another person,
other than a taxi dispatcher, to solicit a passenger.
C.
A driver may not suggest to a passenger that an additional
person be accepted as a passenger.
D.
A driver may not yell, shout, use his or her vehicle
horn or make physical contact with a prospective passenger in connection
with solicitation of such passenger.
E.
[1]A driver awaiting employment at a designated taxicab stand, as set forth in § 312-89, may only stand his or her vehicle in a defined parking space at such taxicab stand. At no time may a taxicab remain in the vicinity of a designated taxicab stand when there is no defined parking space available.
Any owner or operator of a taxicab whose taxicab
is or has been previously engaged shall not solicit employment at
any public place and shall display upon a conspicuous part of said
taxicab a sign, not less than 12 inches long and four inches wide,
with the word "engaged" thereon, and shall remove said engaged taxicab
from among the other taxicabs awaiting employment at any public place.
The Police Commissioner is hereby authorized
to locate and designate as public taxicab stands the space alongside
the curb adjacent to property used as public parks, public buildings,
railroad stations, hotels, restaurants and theaters. The owners of
any property may apply to the Police Commissioner for the establishment
of a public taxicab stand adjacent to their premises, stating in said
application the number of public taxicabs they desire to have come
on said stand. Such application may be granted at the discretion of
the Police Commissioner and may be revoked by him at any time. In
so designating stands, the Police Commissioner may prescribe the number
of taxicabs that may use said stands.
Taxicabs using public stands in accordance with
the preceding section shall be subject to such rules and regulations
governing their approach and departure from said stands as may be
established by the Police Commissioner.
The Police Commissioner or anyone authorized
by him shall at all reasonable times have free access to taxicabs
within the premises of their owners, without hindrance.
A.
It shall be the duty of the Police Commissioner or
anyone authorized by him to visit the public stands and all places
where taxicabs are permitted to stand. He shall have power to order
away from stands and from all other places any taxicab violating any
provisions of this chapter.
B.
The Police Commissioner or anyone authorized by him
shall be empowered to remove from a public street any taxicab in violation
of this chapter.
C.
If the Police Commissioner has reasonable suspicion to believe that a driver has a drug or controlled substance impairment that renders the driver unfit for the safe operation of a taxicab, the Police Commissioner shall be empowered to direct that the driver be tested or examined for such impairment, at the driver's expense, by an individual or entity designated by the Police Commissioner and possessing a requisite permit issued by the New York State Department of Health, within the time prescribed by the Police Commissioner. If the results of said test(s) or examination(s) are positive, the driver's taxicab operator's license may be suspended or revoked in accordance with § 290-9 of this chapter. Failure of a driver to be tested or examined as directed may lead to suspension or revocation of such driver's license in accordance with § 290-9 of this chapter.
[Added 3-15-2011 by Ord. No. 57-2011]
A.
A taximeter shall not be operated from any wheel to
which the power is applied but shall be geared to the transmission
or main drive shaft of the taxicab by a cable in a tamperproof or
sealed casing. The taximeter of each taxicab shall be so arranged
and lighted that the meter will be at all times discernible and capable
of being read by any passenger in the taxicab.
B.
The taximeter shall be kept in a recording position
at all times when the taxicab is occupied.
A.
Every person driving a vehicle licensed pursuant to
this chapter shall:
(1)
Not refuse or neglect to convey any orderly person
upon request in the City unless previously engaged or unable or forbidden
by the provisions hereof so to do.
(2)
Not carry any other person than the person first employing
the taxicab unless the person first employing the taxicab consents
to the acceptance of an additional passenger.
(3)
Keep a written or digital record of all trips on a form approved
by the Police Commissioner. Such record shall be retained by the owner
for at least six months.
[Amended 11-20-2019 by Ord. No. 2019-231]
(4)
Thoroughly search the interior of the vehicle after
termination of each trip for any articles left or lost in the vehicle;
immediately take any such property to the Police Department in the
City, town or village where the passenger or passengers were discharged.
(5)
Report all accidents as required by the Vehicle and
Traffic Law and report all accidents to the owner.
(6)
Report each change of residence within 48 hours thereof
to the Police Commissioner.
(7)
Answer all communications and summonses received from
the Police Commissioner.
(8)
Deliver all fares received to the owner.
(9)
Not operate any such vehicle while his taxicab driver's
license or chauffeur's license is suspended or revoked.
(10)
Not permit another person to use his badge,
City operator's license or receipt book.
(11)
Return the vehicle to the owner and not leave
it nor permit any other person to drive it.
(12)
Not smoke while the vehicle is carrying passengers.
(13)
Keep the interior of the vehicle clean.
(14)
Not recommend to any passenger the name of any
hotel, restaurant, cafe or any place operated and maintained in violation
of the law.
(15)
Proceed with passengers to the destination by
the shortest possible route unless otherwise directed.
(16)
At all times while on duty have displayed in
the interior of his vehicle, in a frame provided therefor, his City
operator's license.
(17)
Report to the Police Commissioner any conviction
of a vehicle and traffic law, penal law or other local law pertaining
to the operation of a motor vehicle in any jurisdiction.
(18)
Not use the vehicle horn to attract customers.
[Added 11-18-1997 by Ord. No. 248-1997]
(19)
Not park any taxicab vehicle on a public street
in a metered space within 500 feet of a taxicab office.
[Added 11-18-1997 by Ord. No. 248-1997]
(20)
Not refuse or neglect to convey any person accompanied
by a service animal used by a person with a disability. No additional
charge shall be charged for conveying such accompanying service animal.
[Added 7-15-2003 by Ord. No. 163-2003]
(21)
Not operate a taxicab in such a manner or at a speed which unreasonably
endangers users of other vehicles, pedestrians or passengers.
[Added 3-15-2011 by Ord. No. 57-2011]
(22)
Operate a taxicab in compliance with all applicable traffic laws,
rules and regulations.
[Added 3-15-2011 by Ord. No. 57-2011]
B.
Taxicab operators are responsible for all equipment
violations on vehicles, such as:
(1)
Tires must be safe.
(2)
Lights, including front and rear, signal lights, license
plate light and two stop lights.
(3)
The muffler must be adequate.
(4)
The inspection certificate.
(5)
The windshield must be free of cracks.
(6)
Brakes must be adequate, including emergency.
(7)
Mirrors: must have exterior and interior mirror.
C.
No taxicab operator shall permit more persons to be
carried in a taxicab than the designated seating capacity of the manufacturer
for adult passengers in the front and rear seat compartments. A child
under the age of seven years shall not be counted as a passenger,
and no fare will be charged for such child when accompanied by an
adult. No operator shall drive any taxicab when such taxicab is so
loaded or when there are in the front seat of such taxicab such number
of persons as to obstruct the view of the operator to the front or
sides or to interfere with the operator's control over the taxicab.
D.
A taxi operator shall not sit in any part of his vehicle
except the driver's seat and shall not permit anyone who is not a
paying passenger to sit anywhere in the vehicle while on duty.
It shall be unlawful for any operator to have
or make any contract or agreement with any owner of any hotel, apartment
house, restaurant or cafe, or with the agent or employee of such owner,
by which such operator shall agree to solicit the patronage for any
such hotel, apartment house, restaurant or cafe.
The owner of every vehicle licensed under the
provisions hereof operating within the City, in addition to complying
with all the conditions hereof, shall do and perform or cause to be
performed with respect to each vehicle operated, the following:
A.
Keep the vehicle interior and exterior in a clean
and sanitary condition.
B.
Inspect the vehicle and its equipment at least once
in each week.
C.
Make such repairs and alterations as may be required
and not operate any vehicle until such alterations are completed.
D.
Employ only drivers who present a proper City operator's
license and badge.
E.
Permit only one driver to operate any vehicle or vehicles
only 12 hours of any continuous twenty-four-hour period, except the
operator of a bus hired or engaged under a contract for its exclusive
use for a special trip or excursion.
F.
Report any operator to the Police Commissioner who,
in his opinion, is not qualified to hold a driver's license, stating
the reasons therefor.
G.
Furnish to the Police Commissioner all reports that
the Police Commissioner may require.
H.
Keep open for inspection by the Police Commissioner
the record showing the time of leaving and return of each vehicle
as well as the name, license number of the driver and the make, license
number and owner of the vehicle.
I.
Keep such records of receipts from operations, payments
to drivers, mileage run, accidents incurred and public liability claims
paid, and of such other information as the Police Commissioner may
from time to time by regulation provide, such records to be at all
times open to inspection by the Police Commissioner.
J.
Submit vehicles for inspection whenever required by
the Police Department.
K.
Keep rooftop advertising, if any, in clean, good and
safe condition at all times.
[Added 11-21-2000 by Ord. No. 192-2000]
L.
An owner
shall not knowingly permit any driver to operate a taxicab while the
operator's driving ability is impaired by either intoxicating liquor
(regardless of its alcoholic content), drugs or other controlled substances.
[Added 3-15-2011 by Ord. No. 57-2011]
It shall be unlawful for any owner to have or
make any contract or agreement with any owner of any hotel, apartment
house, restaurant or cafe, or with the agent or employee of such owner,
by which such taxicab owner shall agree to solicit the patronage for
any such hotel, apartment house, restaurant or cafe.
A.
All taxis shall maintain in working order an outside
roof light of permanent fixture which will be illuminated at all times
when the taxi is not previously engaged and is on duty and available
for hire.
B.
Vehicle identification. Either the company's name
or the name of the true owner of the taxicab, plus an identification
number, shall be printed on both front doors. Additionally, the taxicab
identification number shall be printed on the trunk deck lid clearly
visible from the rear of the vehicle. The identification number shall
not be less than three inches in height in a color contrasting with
the portion of the taxicab upon which the lettering is painted. The
rates of fare and waiting time currently in effect shall be printed
on both rear doors. In addition, there shall also be placed under
the rates of fare the words "New Rochelle, New York." The size and
color of the lettering shall not be less than three inches in height
and three in width with a one-fourth-inch stroke in a color contrasting
with the portion of the taxicab upon which the lettering is painted,
so as to provide readily readable figures considering operating conditions
when taxicabs are likely to be used.
C.
Each radio dispatched company shall seek approval
from the Police Commissioner for the color of its vehicles. All taxis
not associated with an existing company shall utilize the color white
only. This provision shall not apply to existing companies and vehicles
and shall only apply to vehicles acquired or new colors utilized after
the adoption of this section.
[Added 11-18-1997 by Ord. No. 248-1997]
A.
Doors. All bodies shall have four doors, two leading
into the driver's compartment, so constructed that they may be opened
from the inside and the outside.
B.
Heater. Every taxicab shall be equipped with an adequate
heater of the type which will not permit the exhaust gases to enter
the interior of the vehicle.
C.
Rearview mirrors. Every vehicle licensed as a taxicab
shall be equipped with two adjustable rearview mirrors, one in the
driver's compartment and one installed on the exterior of the vehicle
on the driver's side.
D.
Speedometer. Every taxicab shall be equipped with
a standard speedometer properly installed and maintained in good working
order. No taxicab shall be operated in public hiring service while
such speedometer is out for repair or disconnected.
E.
Tires. Every taxicab shall require the use of either
an acceptable snow tire, radial tire or chains on the two rear wheels
when pavement conditions are such as to require their use for the
safety of the driver, passengers and the general public.
F.
Windshield wipers. Every taxicab shall be equipped
with dual windshield wipers properly installed and maintained in good
working order and shall be operated whenever weather conditions require.
G.
Upholstery and floor mats. When the original upholstery
or floor mats are found to be worn out or otherwise unsatisfactory
for public use, they shall be replaced.
H.
Interior light. Every taxicab shall be equipped with
an interior light to illuminate the interior of said public vehicle
after sundown. Said light shall be so arranged as to be automatically
turned on by the opening of the right rear door of said vehicle and
shall also have a switch easily accessible to the passengers.
I.
Safety glass. Wherever glass is used in body construction,
it shall be safety glass, clearly and permanently marked as such,
and of a type approved by the Commissioner of Motor Vehicles of New
York State. Glass in windows and doors shall be in good condition
with regard to air bubbles, cracks and fractures.
J.
Fender and body. Fender and body must be rigid, tightly
fastened, free from dents or mutilation and so constructed as to allow
the full opening of the doors. The exterior of the vehicle must be
well painted and the finish in good condition.
K.
View of license unobstructed. The view of the state
license plates and the City vehicle medallion shall at all times be
unobstructed.
L.
Mechanically fit. All vehicles licensed by this City
must be kept mechanically fit, with brakes, lights and signaling devices
in good working order.
M.
Radio. A radio, if there is one in the vehicle, except
a radio used by the operator in dispatching calls in connection with
the business of the operator, shall be played at the discretion of
the passenger and at no other time.
N.
Prohibited. No taxicab shall be equipped with any
equipment which is not reasonably useful and necessary in the furnishing
of safe, adequate and convenient hiring service.
O.
Illegal acts. It shall be unlawful for any licensed
driver of any taxicab to misrepresent the name of his employer or
knowingly to receive or transport any person or persons who intend
to commit an unlawful act.
P.
Air conditioners. Every taxicab shall be equipped
with a functioning air conditioning system and the passenger compartment
shall be air conditioned upon the customer's request.
[Added 11-18-1997 by Ord. No. 248-1997]
A.
Inspection of all vehicles operated under this chapter
shall be under the direction of the Police Commissioner, and he shall
assign a member of the Police Department to be in charge thereof,
together with such other personnel necessary for such purpose.
B.
The Police Commissioner, officer in charge and/or
such other personnel assigned for such purpose shall have the right
at any time, after displaying proper identification, to enter into
or upon any vehicle operated under this chapter for the purpose of
ascertaining whether or not any provisions of this chapter are being
violated.
A.
It shall be unlawful for a taxicab dispatcher to dispatch
a taxicab and for a taxicab operator to solicit or accept passengers
while the taxicab medallion license or the license of the taxicab
operator is suspended or revoked.
B.
It shall be unlawful for a taxicab dispatcher to dispatch
a taxicab and/or for a taxicab operator to solicit or accept passengers
without a valid taxicab medallion license and a valid taxicab operator's
license.
C.
It shall be unlawful for a taxicab medallion owner
to permit the operation of his taxicab by an unlicensed taxicab operator
or a taxicab operator whose taxicab operator's license is under suspension
or revocation.
D.
The Police Commissioner shall notify, in writing,
all taxicab companies of any suspension or revocation of any taxicab
medallion license or taxicab operator's license.
[Added 11-21-2000 by Ord. No. 192-2000]
A.
Advertising shall be permitted only on the rooftop
of a taxicab.
B.
Advertisers shall handle submissions for advertising
approval on behalf of the owner.
C.
The Municipal Art Commission shall approve the size
and aesthetics of the sign and advertising.
[Amended 6-20-2006 by Ord. No. 165-2006]
D.
The owner shall maintain liability insurance in force
at all times with minimum coverage of $1,000,000 naming the City as
additional insured for all claims, actions or proceedings brought
against the City in connection with or related to the rooftop advertising
on the owner's taxicab.
E.
The fee for such authorized advertising shall be $50
per calendar year per taxicab, payable to the City of New Rochelle.
F.
The Police Department shall issue and the owner shall
affix a visible window sticker indicating that an advertising permit
for that taxicab has been issued.
[Amended 4-20-2004 by Ord. No. 88-2004]
An offense against the provisions of this chapter
shall be punishable by a fine of not more than $250 or by imprisonment
for not more than 15 days, or both.
