[HISTORY: Comes from L.L.
No. 8-1968, adopted 6-25-1968, effective 7-3-1968; repealing Ord. No. 35.]
GENERAL REFERENCES
Licensing and regulations of tow cars — See Ch. 183.
[1]
Editor's Note: The original Section 1.0 of this chapter
provided as follows:
"It is hereby declared and found that the taxicab industry
in the Town of Hempstead is vested with a public interest as a vital
and integral part of the transportation facilities of the Town, and
that its regulation is necessary to secure adequate and safe transportation
for the inhabitants of the Town and to prevent undue aggravation of
the traffic and parking problems of the Town."
Unless otherwise expressly provided, the following words, for
the purpose of this chapter, shall have the meanings herein indicated:
A single act of transporting a passenger or passengers for
hire.
An additional place of business in the area where owner's
terminal is located.
[Added 3-18-1986 by L.L. No. 28-1986, effective 3-26-1986]
A person operating a taxicab or limousine upon the public
highways of the Town of Hempstead.
A license issued by the Town Clerk for the operation of a
taxicab or limousine by an applicant therefor.
The use of a taxicab by one or more passengers who request
the exclusive use of the taxicab.
[Added 3-18-1986 by L.L. No. 28-1986, effective 3-26-1986]
The shared use of a taxicab or private livery van by two
or more unrelated passengers entering at the same point or origin,
disembarking at the same destination and paying a single fare for
the trip.
[Added 3-18-1986 by L.L. No. 28-1986, effective 3-26-1986]
A motor vehicle seating not less than five nor more than
eight passengers used solely for hire in connection with funerals,
weddings, proms and similar functions by the hour or by the day, and
licensed by the New York State Motor Vehicle Bureau with a Z plate
or other special designated plate. However, the classification "limousine"
does not apply to any motor vehicle which is:
[Amended 3-18-1986 by L.L. No. 28-1986, effective 3-26-1986]
Stationed at or for hire from a railroad, bus or gasoline station,
club, stand, hotel, parking lot, street, highway or other public place:
Used to transport persons for a hotel, transportation company
or similar organization;
Used under agreement with a club to provide a regular transportation
service to its members and guests; or
Operated at fares determined by zone or taximeter.
The picking up of a passenger for hire within the Town of
Hempstead, and shall be synonymous with the word "drive."
A person owning or controlling one or more taxicabs or limousines
and driving or causing any such vehicle to be driven upon the public
highway for hire.
A person other than the driver, who is an occupant of a taxicab
or limousine, and for the purpose of this chapter, such person or
persons shall be presumed to be a "passenger" or "passengers" for
hire.
An individual, a partnership, any unincorporated association,
a corporation or any other legal entity.
A motor vehicle seating not less than five nor more than
15 passengers used solely for hire in connection with sight-seeing
trips, airport calls and similar functions. "Private livery vans"
shall not have a roof light but are required to have a business name
and address on both sides of the vehicle and are not permitted to
occupy taxi stands.
[Added 3-18-1986 by L.L. No. 28-1986, effective 3-26-1986]
The nonexclusive use of a taxicab by two or more unrelated
passengers traveling between different points of origin and/or destination
and traveling in the same general direction.
[Added 3-18-1986 by L.L. No. 28-1986, effective 3-26-1986]
A motor vehicle having a seating capacity of not more than
eight passengers in addition to the driver: used in the business of
transporting passengers for compensation in the Town of Hempstead;
not operated on a fixed route and licensed by the State of New York
Motor Vehicle Bureau with a license number that is designated by the
Motor Vehicle Bureau as a taxicab plate.
[Amended 3-18-1986 by L.L. No. 28-1986, effective 3-26-1986]
An agent and employee appointed by the Town Clerk of the
Town of Hempstead whose duty it is to enforce the provisions of this
chapter through the issuance of appearance tickets and to perform
other duties requisite to enforcement.
[Added 3-18-1986 by L.L. No. 28-1986, effective 3-26-1986]
A public place alongside the curb of a street, or elsewhere,
which has been so designated as reserved exclusively for the use of
all taxicabs assigned to that area and designated as such by the Town
Board of the Town of Hempstead.
A fixed base of operations located within the Town of Hempstead
designated as zoned for business, which also has adequate off-street
parking facilities for licensed vehicles when not in operation.
[Amended 3-18-1986 by L.L. No. 28-1986, effective 3-26-1986; 12-12-2017 by L.L. No. 102-2017, effective 1-8-2018]
The area of the Town of Hempstead including the City of Long
Beach and the incorporated villages within the Town of Hempstead,
either on private property or the highways of the Town of Hempstead.
[Amended 3-18-1986 by L.L. No. 28-1986, effective 3-26-1986]
An area within the Town established by the Town Board for
the purpose of determining the rates to be charged for the hiring
of taxicabs.
The Town Board may from time to time, after public notice and
a public hearing, establish zones or abolish zones so established,
or enlarge or diminish the boundaries of any zone.
A.
It shall be unlawful for any owner of any taxicab or limousine to
permit the same to be operated upon the public highways of the Town
of Hempstead without having first obtained, and having then in force,
an owner's license therefor, as hereinafter provided.
(1)
It shall be unlawful for any owner of any taxicab or limousine to
permit the same to be operated upon the public highways of the Town
of Hempstead by any person not in possession of a valid Town of Hempstead
taxicab or limousine driver's license.
[Added 5-19-1987 by L.L. No. 45-1987, effective 5-26-1987]
B.
Every owner's license issued hereunder shall be issued as of
the first day of October or subsequent date of issue and shall expire
on the 30th day of September next succeeding such date, unless sooner
revoked.
C.
Every person who desires to operate a taxicab, taxicabs, limousine
or limousines owned or controlled by him shall pay a filing fee of
$50 and make a written application to the Town Clerk upon forms to
be furnished by the Town Clerk, verified under oath, stating:
(1)
The name and address of the applicant, specifying, in the case of
any unincorporated association, the names and addresses of each member
thereof; and in the case of any corporation, the names and addresses
of each stockholder, officer and director thereof.
(2)
A complete statement by the applicant, specifying the amounts of
all unpaid judgments against the applicant and the nature of the transaction
or acts giving rise to said judgments and the name and location of
the court in which and the date on which each was entered.
(3)
All misdemeanors or felonies of which the applicant and any member
thereof, if an unincorporated association, and any officer, director,
if a corporation has been convicted, stating the names and location
of the court in which and the date on which such convictions were
held and the penalties imposed therefor.
(4)
The facts upon which the applicant intends to establish that the
public convenience and necessity require the granting of a license.
(5)
If such application shall contain a trade name under which the business
will be operated, a certified copy of the certificate thereof on file
with the County Clerk shall be filed with the application.
(6)
The age and citizenship of the applicant and each member thereof,
if an unincorporated association, and each officer, director, if a
corporation.
(7)
The location of any and all depots and terminals proposed to be used
by the applicant.
(8)
The number of vehicles to be operated by the applicant and a description
of each such vehicle, including the make, model, passenger seating
capacity, year of manufacture, New York State registration number,
and motor number thereof.
(9)
Any other relevant information which the Town Clerk may require.
D.
Requisites for issuance.
(1)
If the Town Clerk shall find that further taxicab service in the Town and particularly in the area in which the applicant proposes to operate is required by public convenience and necessity, and, from the statements contained in the application for a taxicab owner's license, that the applicant is qualified and able to perform such public transportation and to conform with the provisions of this chapter and the rules and regulations adopted under this chapter, then the Town Clerk, upon the certification of each taxicab proposed to be operated by the applicant pursuant to § 185-8 hereof, and the furnishing by the applicant of proof of insurance as hereinafter provided, shall issue a license stating the name and address of the applicant, the date of the issuance thereof, the number of vehicles the applicant is authorized to operate, the numbers of the license medallions assigned to such vehicles, and at the same time the Town Clerk shall issue for each vehicle licensed hereunder a license card bearing the words "Licensed Taxicab," an assigned number and the date of expiration of such license, together with a license medallion bearing a like number and the words "Licensed Taxicab"; otherwise such application shall be denied.
(2)
Before making any finding as to whether public convenience and necessity
justify the issuance of a taxicab owner's license or the licensing
of additional taxicabs, the Town Clerk shall cause to be published
in a newspaper of general circulation in the Town of Hempstead a notice,
stating that application has been made for the licensing of a vehicle
or vehicles as taxicabs, the number of vehicles for which such application
has been made, and containing a statement that written arguments as
to whether public convenience and necessity require the licensing
of such vehicles must be filed with the Town Clerk on or before the
date fixed therein, which date must be not less than eight days after
the date of such publication. Any arguments so filed must be considered
by the Town Clerk in making his findings as to public convenience
and necessity.
(3)
If the Town Clerk shall find from the statements contained in the application that an applicant for an owner's license for a limousine or limousines is qualified and able to conduct the business of operating the limousine or limousines and to conform to the provisions of this chapter and the rules and regulations adopted under this chapter, then the Town Clerk, upon the certification of each limousine proposed to be operated by the applicant pursuant to § 185-8 hereof, and the furnishing by the applicant of proof of insurance, as hereinafter provided, shall issue a license stating the name and address of the applicant, the number of vehicles the applicant is authorized to operate and the date of the issuance thereof; otherwise such application shall be denied.
E.
In making the findings required by § 185-3D(1) hereof, the Town Clerk shall take into consideration the number of taxicabs already in operation in the Town, particularly in the area in which the applicant proposes to locate his depots and terminals, whether existing transportation is adequate to meet the public need, the probable effect of additional taxicabs on local traffic conditions, and the character, experience and responsibility of the applicant and the adequacy of the service which the applicant proposes to give.
F.
The Town Clerk may in his discretion, before the issuance of a license
under this section, require the applicant and any others having knowledge
of the facts to submit to an examination under oath and to produce
evidence relating thereto, or hold a hearing upon such application
as hereinafter provided.
G.
Additional taxicabs.
(1)
Every owner licensed under this section who shall desire to add to
the number of taxicabs he is then operating shall pay a filing fee
of $50 and make a written application to the Town Clerk upon forms
furnished by the Town Clerk, verified under oath, stating:
(a)
The name and address of the applicant.
(b)
The applicant's owner's license number.
(c)
Any facts which the applicant believes tend to prove that the
public convenience and necessity require such addition.
(d)
A description of each such additional taxicab, including the
make, model, passenger seating capacity, year of manufacture, state
registration number and motor number.
(2)
If the Town Clerk shall find that the addition of such taxicab or
taxicabs is required by the public convenience and necessity, then
he shall issue a supplementary owner's license stating the name
and address of the applicant, the numbers of the license medallion
assigned to such vehicles and the date of issuance thereof; otherwise
such application shall be denied.
I.
Any license issued under this section may be renewed annually for an additional period of one year each from the date of expiration, upon the filing of an application containing all the information required by § 185-3C(1) hereof, and upon the approval of the Town Clerk pursuant to § 185-3D and E, except as to the finding of public convenience and necessity.
J.
No license shall be issued or renewed under this section, which shall permit the use of any vehicle as a taxicab or limousine unless and until it has been inspected pursuant to § 185-8A and certified to the Town Clerk as conforming to the provisions of the section.
K.
Each applicant shall, before the issuance to him of a license under
this section, file with the Town Clerk:
[Amended 3-18-1986 by L.L. No. 28-1986, effective 3-26-1986]
(1)
A description of each motor vehicle to be operated by the applicant
pursuant to the license, including the make, model, passenger seating
capacity, year of manufacture, New York State registration number
and the motor number thereof.
(2)
A memorandum of insurance that the applicant and each motor vehicle
licensed is insured against public liability in the minimum limits
required by the laws of the State of New York for personal injury
and property damage, and which insurance policy and certificate shall
provide that the Town of Hempstead shall be given 10 days' prior
notice of cancellation.
L.
Such policy shall not be canceled or suspended either by the insured
or the insurer unless at least 10 days' notice in writing of
the intention to cancel or suspend such policy has been filed with
the Town Clerk, and upon such suspension or cancellation of insurance,
the license of said operator shall stand suspended until such time
as an acceptable policy or certificate of insurance shall be on file
with the Town Clerk.
M.
Failure to comply with § 185-3K within 60 days after approval by the Town Clerk of the application and issuance of a license under this section to operate a taxicab, taxicabs, limousine or limousines shall be deemed to be abandonment of the application and license in respect to the number of motor vehicles not so reported and not so insured pursuant to § 185-3K hereof.
N.
The owner's license issued hereunder shall not be transferable.
A.
License required.
(1)
No person shall operate any taxicab or limousine upon the public
highways of the Town without having first obtained and having then
in force a New York State chauffeur's license and a Town of Hempstead
driver's license, issued as hereinafter provided.
(2)
No person shall operate a taxicab or limousine on the public highways
of the Town of Hempstead unless such taxicab or limousine shall be
duly licensed as herein provided.
B.
Every driver's license issued under this section shall be issued
as of the date of the granting thereof and shall expire on the 30th
day of September next succeeding, unless sooner revoked.
C.
Every person desiring to drive a taxicab or limousine for hire upon
the streets of the Town shall file an application for a license so
to drive with the Town Clerk, which application shall be in writing,
upon forms to be furnished by the Town Clerk and verified under oath
and shall state:
(1)
The name, address and age of the applicant.
(2)
A full description of the applicant, including his color, height,
weight, color of eyes and hair and scars or marks and the nature of
any physical infirmity from which he may suffer.
(3)
Recommendation by two residents of Nassau County, not related to
the applicant, who have known the applicant for a period of one year
or more and who will vouch for the applicant's sobriety, honesty
and general good character.
(4)
The names and addresses of the applicant's employers during
the last 10 years prior to his application.
(5)
All misdemeanors and felonies for which the applicant has been convicted,
stating the name and location of the court and the date on which each
such conviction was had and the penalty imposed therefor.
(6)
The number and date of issuance of the applicant's New York
State chauffeur's license.
(7)
Any other relevant information which the Town Clerk may require.
D.
Every applicant for a driver's license, at the time of submitting
his application, shall:
(1)
Submit two individual photographs of the applicant taken within 30
days prior to the date of the application, 1 1/2 inches by 1 1/2
inches in size, and such pictures must be a true likeness of the applicant
and must show only neck, shoulders and uncovered head.
(2)
Exhibit his current New York State chauffeur's license for inspection.
(3)
Be fingerprinted under the direction and supervision of the Town
Clerk.
E.
Upon the receipt of any application, the Town Clerk shall refer the
same to the New York State Division of Criminal Justice Services for
whatever investigation it shall deem necessary or desirable and report
thereon.
[Amended 5-17-1988 by L.L. No. 42-1988, effective 5-23-1988]
F.
Basis for issuance.
(1)
Upon the receipt of the information provided for herein, the Town
Clerk shall issue a taxicab or limousine driver's license to
the applicant if he shall find that the applicant holds a New York
State chauffeur's license and is a fit and proper person to drive
such vehicle, considering his police records and character; otherwise
such application shall be denied.
(2)
Upon evidence satisfactory to the Town Clerk that an emergency exists, such as the death, resignation or illness of taxicab or limousine driver, which would cause substantial hardship because of the enforced idleness of a taxicab or limousine, the Town Clerk is authorized to issue a thirty-day temporary driver's license to the applicant therefor, provided that such applicant complies with all the terms and conditions of § 185-4C and D hereof.
G.
The driver's license issued hereunder shall not be transferable.
A.
The holder of any license which has been suspended or revoked and
any applicant who shall have been denied a license under this chapter
may apply for a review of the action of the Town Clerk as hereinafter
provided.
(1)
Such application shall be in writing, signed and acknowledged by
the applicant, and shall state the ground or grounds on which the
applicant claims that the determination of the Town Clerk was erroneous
(2)
Such application shall be filed with the Town Clerk by the applicant
within 20 days after notice of denial of his application by the Town
Clerk has been mailed to him or delivered to him in person.
(3)
Upon the filing of such application, a hearing shall be held thereon pursuant to the provisions of § 185-6 hereof.
(4)
At such hearing the review board shall consider the applicant's
application upon the record before the Town Clerk in connection with
the Town Clerk's consideration thereof, and in its discretion
may receive new or additional evidence in support thereof or in opposition
thereto.
B.
The review board, after such hearing, may affirm the action of the
Town Clerk or direct the Town Clerk to issue a proper license, pursuant
to this chapter.
[Amended 2-10-2015 by L.L. No. 14-2015, effective 2-24-2015]
Whenever it shall be provided herein that a hearing shall or
may be held with respect to any matter:
A.
Such hearing shall be held on a date; at a place and hour designated
by the Town Attorney.
B.
The Town Clerk shall give notice thereof, stating the name and address
of the applicant or license holder concerned, the subject matter of
the hearing, and the date, place and hour thereof designated therefor,
by mailing a copy thereof to the applicant or license holder concerned
at the address shown upon the most recent application of such applicant
or licensee, at least 10 days before such hearing.
C.
If an applicant or licensee requests a hearing, the Town Attorney shall designate two or more hearing officers to constitute a review board to conduct hearings in connection with appeals set forth in § 185-5 hereof. The Town Attorney shall select hearing officers based upon their background and qualification in law and/or government administration. The review board may include government employees; provided that such employees are not employed in the Office of the Town Clerk.
D.
The applicant or license holder involved shall be entitled to be
represented by legal counsel and to present such competent and material
testimony or other evidence in his own behalf as may be relevant to
the subject matter of the hearing.
E.
All witnesses shall be sworn and examined under oath.
[Amended 9-14-1976 by L.L. No. 64-1976, effective 9-20-1976]
A.
The fees for licenses herein shall be paid to the Town Clerk prior
to the issuance of the license and shall be as follows:
[Amended 8-24-1982 by L.L. No. 87-1982, effective 8-30-1982; 3-18-1986 by L.L. No.
28-1986, effective 3-26-1986; 2-7-1989 by L.L. No. 11-1989,
effective 3-6-1989]
(1)
For each vehicle licensed as a taxicab: on initial application, $500;
and $100 for each annual renewal thereof.
(2)
For each vehicle licensed as a limousine or as a private livery van:
on initial application: $100; and $75 for each annual renewal thereof.
(3)
For each taxicab or limousine driver's license: $15.
(4)
For relocation of a terminal: $75.
(5)
For replacement of a vehicle by another vehicle: $20.
(6)
For replacement of a lost medallion: $20.
(7)
For reissuing a lost license of a taxicab driver: $10.
(8)
For reissuing a lost license card: $10.
(9)
For late filing of renewal application: $100.
B.
Every license issued hereunder shall be signed at the direction and
in the name of the Town Clerk and sealed with the Seal of the Town
of Hempstead.
C.
The Town Clerk shall keep a record of the following:
(1)
The name and address of each person to whom a taxicab or limousine
owner's license has been issued under this chapter, showing the
date and number of said license and all renewals, suspensions and
revocations thereof.
(2)
Each taxicab or limousine licensed hereunder, stating the make, model,
passenger seating capacity, year of manufacture, New York State registration
number, motor number and name and address of the owner thereof.
(3)
The name and address of each person to whom a driver's license
has been issued under this chapter, stating the date of issuance of
said driver's license and his New York chauffeur's license
number.
A.
Every motor vehicle operated upon the streets of the Town as a taxicab
or limousine shall be kept clean, sanitary, fit, of good appearance
and in a safe condition for the transportation of passengers.
B.
If, following an inspection of any vehicle licensed under this chapter,
the inspector shall determine that said vehicle requires an additional
New York State motor vehicle inspection, the owner will, within five
days of the date of such determination by the inspector, be required
to submit a certificate of inspection from an authorized state inspection
station that the vehicle meets state safety requirements.
A.
The Town Clerk, upon receiving information giving him reasonable
cause to believe that the holder of any license issued hereunder has
been convicted of a misdemeanor or felony or has been indicted or
charged upon information duly filed for the commission of a misdemeanor
or shall have been convicted of a violation of any of the provisions
of this chapter or any rule or any regulation adopted hereunder, or
shall have made a false statement or misrepresentation in his application,
may suspend such license.
B.
Any license issued hereunder may be suspended for a period of not
more than three months or revoked if the holder has been convicted
of a misdemeanor or felony, a violation of the provisions of this
chapter or any rule or regulation adopted hereunder, or shall have
made a false statement or misrepresentation in his application.
C.
Any license issued hereunder may be suspended if the holder thereof
shall be indicted or charged, upon information duly filed, with a
misdemeanor or felony, until such holder shall be convicted or acquitted
of such crime.
A.
The Town Board may from time to time by resolution establish stands
at such locations upon the streets or other public places of the Town
as it deems necessary for the use of taxicabs operated and driven
by the persons licensed hereunder, and prescribe the number of taxicabs
that may occupy each such stand, provided that it shall find that
such stands are required in the interest of public convenience and
necessity and will not tend to create a traffic hazard.[1]
[1]
Editor's Note: Pursuant to the comparable provisions
of Section 11.0 of Ord. No. 35, which was repealed by this chapter,
taxicab stands have been established at the following locations:
B.
Taxicab stands shall be used only by taxicabs licensed to operate
in the area in which the taxicab stand is located.
C.
No vehicle other than a taxicab duly licensed hereunder and driven
by a person duly licensed hereunder shall at any time occupy any space
established as a taxi stand.
The following regulations shall be observed in the operation
and driving of every taxicab upon the public highways of the Town:
A.
Each taxicab operated hereunder shall have one securely affixed roof
light with only the word "taxi" or "cab," and, in addition, the telephone
number or name of the licensee may be imprinted thereon in such manner
as to be visible at all times.
[Amended 3-18-1986 by L.L. No. 28-1986, effective 3-26-1986; 3-9-1999 by L.L. No.
6-1999, effective 3-18-1999]
B.
No person shall drive any taxicab upon the streets of the Town unless
there are displayed in such taxicab, in a manner in which they are
clearly visible and can be readily observed by all passengers therein,
the license of the driver and a schedule of the maximum fares applicable
within the Town in accordance with a fee schedule of maximum rates
previously filed with the Town Clerk.
(1)
The valid vehicle license card must be present in the taxicab and
available for inspection at all times.
[Added 5-19-1987 by L.L. No. 45-1987, effective 5-26-1987]
C.
At the time a taxicab owner submits his application and on all succeeding
renewal applications, a schedule of rates for that license period
shall be filed.
D.
No rate may be increased until approved by the Town Clerk after notice
thereof advertised in a local newspaper for two successive weeks and
then only upon filing proof of such publication with the Town Clerk.
E.
On the outside of each front door of each taxicab, the trade name
of the licensee or corporation shall appear in letters not less than
two inches and not more than four inches in height, together with
the location of the terminal. In addition, there shall also be securely
affixed to the left front door or immediately adjacent thereto a medallion
issued by the Town Clerk as herein provided. In addition, the full
name of the owner shall appear on both rear doors in letters not more
than two inches in height. The use of magnets and/or magnetic signs
is prohibited.
[Amended 5-17-1988 by L.L. No. 42-1988, effective 5-23-1988]
F.
No taxicab driver shall solicit passengers except while parked or
standing at a taxi stand and except when sitting in the driver's
compartment of such taxicab or while standing immediately adjacent
thereto, nor in a loud or annoying tone of voice nor by sign nor in
any manner annoy, obstruct the movement of or follow any person for
the purpose of soliciting patronage.
G.
No taxicab driver shall cruise in search of passengers.
H.
No taxicab driver shall stop to pick up any additional passengers
while proceeding to the destination of any passengers then occupying
the taxicab, without the consent of all such passengers.
I.
No taxicab driver shall permit more persons to be carried in his
taxicab than the number for which he has seating facilities.
J.
Except as provided in Subsection H hereof, no taxicab driver shall refuse or neglect to convey any orderly person upon request, unless previously engaged to full capacity or unless transportation of such person shall substantially delay or inconvenience passengers who have already engaged his taxicab.
K.
If a taxicab is carrying two or more persons to different destinations,
the driver shall be the sole judge of the order in which such persons
shall be delivered to their destination, and the shortest possible
route shall be followed.
L.
No taxicab operated and licensed pursuant to this chapter shall park
or stand on any public street or place other than a taxi stand for
the purpose of soliciting or accepting passengers, but nothing herein
contained shall be construed to prevent stopping for the purpose of
picking up and discharging passengers.
M.
No passenger in a taxicab shall be kept waiting longer than five
minutes before proceeding to his announced destination.
N.
Every taxicab or limousine driver shall obey all laws and ordinances,
rules and regulations while operating such vehicle and, upon accusation
or conviction of any misdemeanor or felony, shall report the same
within five days to the Town Clerk, advising him of the nature of
the offense and the name and location of the court and the date on
which such conviction was held.
O.
Every taxicab driver licensed as such pursuant to this chapter shall
within 48 hours notify the Town Clerk of any change of his address
or loss of either his taxicab driver's license or his chauffeur's
license.
P.
No taxicab owner or driver shall demand or suggest that any passenger
or prospective passenger pay a fare larger than that authorized.
Q.
Consecutive and uninterrupted service shall be maintained by each
person licensed as a taxicab owner from at least one depot or terminal
as follows:
(1)
One licensed taxicab for at least eight consecutive hours for not
less than five days each week.
(2)
Two to four licensed taxicabs for at least 12 consecutive hours each
consecutive day.
(3)
Five to nine licensed taxicabs for at least 18 consecutive hours
each consecutive day.
(4)
Ten licensed taxicabs or more, 24 consecutive hours each consecutive
day.
R.
On a form approved by the Town Clerk, each driver shall keep a written
record, to be retained by the owner of such taxicab for at least one
year, of all trips, showing the time and place each passenger engaged
his taxicab and the time and place he left such taxicab.
S.
It shall be unlawful for a passenger to refuse to pay the agreed
or established fare.
T.
No owner shall change his place of terminal without first obtaining
the authorization of the Town Clerk.
U.
Every owner, upon the sale or other disposition of a licensed taxicab
or limousine, shall within 24 hours notify the Town Clerk of such
sale or other disposition and surrender the licenses and/or medallions.
V.
It shall be unlawful for any person to refuse the surrender of a
license and/or medallion to the Town Clerk upon demand, after such
license has been suspended, revoked or expired.
W.
No trailer or semitrailer shall be attached or secured to a taxicab
or limousine while it is being used to transport passengers.
X.
Except for good cause shown, an owner shall be subject to revocation
of a taxicab medallion if:
[Added 3-18-1986 by L.L. No. 28-1986, effective 3-26-1986]
Y.
Equipment.
[Added 3-18-1986 by L.L. No. 28-1986, effective 3-26-1986]
(1)
Rate card. There shall be displayed in the passenger compartment
of each taxicab licensed hereunder, in full view of the passenger,
the rates of fare as filed with and approved by the Town Clerk of
the Town of Hempstead. These rates of fare shall be displayed in a
container of type and design approved by the Town Clerk.
[Added 3-18-1986 by L.L. No. 28-1986, effective 3-26-1986[1]]
Each permit holder shall file with the Town Clerk of the Town
of Hempstead the rates of fare to be charged for a shared ride, group
ride and exclusive ride, which rates shall not exceed the maximum
fares on file with and approved by the Town Clerk.
[Added 3-18-1986 by L.L. No. 28-1986, effective 3-26-1986]
The Town Clerk of the Town of Hempstead hereby is authorized
to designate and appoint as many taxicab-limousine inspectors as he
shall deem necessary to enforce the provisions of this chapter. Any
designated and appointed taxicab-limousine inspector hereby is empowered
to issue appearance tickets wherever and whenever required for the
enforcement of the provisions of this chapter.
[Added 3-18-1986 by L.L. No. 28-1986, effective 3-26-1986]
A.
There hereby is established a Taxicab Advisory Committee to assist
the Town Board, which shall be comprised of a member of the Town Board
and representatives of the Town Clerk's office, the Town Attorney's
office and the taxicab owners licensed by the Town of Hempstead.
B.
Two members of the Committee shall be appointed Chairman and Vice
Chairman, respectively. The Chairman, Vice Chairman and members shall
be appointed by and serve at the pleasure of the Town Board.
C.
The Taxicab Advisory Committee shall meet from time to time at a
time and place designated by the Chairman.
[Added 3-18-1986 by L.L. No. 28-1986, effective 3-26-1986]
The Taxicab Advisory Committee shall have the following powers
and duties:
A.
To make rules for the conduct of the Committee's business.
B.
To keep minutes of Committee proceedings.
C.
To conduct informal meetings, forums, workshops and seminars on the
subject of taxicab matters.
D.
To assist the Town Board in the drafting of legislation concerning
taxicab matters.
E.
To act as an advisory board on appeals of decisions rendered by the
Town Clerk relating to denials, revocations or suspensions of applications
or licenses issued hereunder, for purposes of determining the merits
of the appeal.
F.
To recommend maximum fares.
G.
To act as mediator in any controversy or issue that may arise among
or between taxicab owners.
[Amended 3-18-1986 by L.L. No. 28-1986, effective 3-26-1986]
A.
Any offense against any provision of this chapter shall be a violation
which shall be punishable by a fine of not more than $250 or imprisonment
for a period not exceeding 15 days for each such offense, or by both
fine and imprisonment.
B.
In addition to the penalties hereinabove provided, the license shall
be liable to suspension or revocation by the Town Clerk for any offense
against this chapter.
C.
In Howiett: Franklin Avenue, north side, starting at a point 200
feet east of the east curbline of West Broadway, east for a distance
of 78 feet.
[Adopted 10-6-1965 by Res. No. 2226-1965, effective 10-23-1965]
D.
In Lakeview:
(1)
Eagle Avenue, north side, starting at a point 78 feet east of the
curbline of Woodfield Road, east for a distances of 20 feet.
[Adopted 5-15-1963 by Res. No. 771-1962, effective 6-4-1962]
(2)
Lakeview Avenue, south side, starting at a point 126 feet east of
the east curbline of Langdon Boulevard, east for a distance of 90
feet.
[Adopted 3-1-1996 by Res. No. 320-1966, effective 3-31-1966]
E.
In Merriot: Beginning at a point 27 feet west of Hewiett Avenue and
continuing west approximately 18 feet along the Long Island Rail Road
platform (2 spaces) on the south side of the Long Island Rail Road.
[Adopted 5-3-1964 by Res. No. 967-1966, effective 6-5-1966]
F.
In North Baldwin: Grand Avenue, east side, starting at a point opposite
the south curbline of Stratford Road, north for a distance of 90 feet.
[Adopted 8-14-1963 by Res. No. 1876-1962, effective 9-12-1962]
G.
In Woodmere: Beginning at a point on the south side of Station Place
where the prolongation of the easterly side of Club Drive intersects
the southerly side of Station Place and continuing easterly along
the southerly side of Station Place a distance of 50 feet.
[Adopted 12-23-1958 by Res. No. 2014-1958, effective 1-30-1989]
