[HISTORY: Adopted by the City Council of the City of Newburgh 11-13-1967 (Ch. 23,
Art. II, of the Code of Ordinances). Amendments noted where applicable.]
[Added 7-12-2010 by Ord. No. 11-2010[1]]
The City Council of the City of Newburgh finds that suitable
public transportation is lacking within the City of Newburgh and that
transportation by taxicab within the City limits is an important and
viable form of transportation for its residents and visitors. The
City Council recognizes that § 151 of the New York State
Transportation Law permits the municipal regulation of taxi service
which is conducted wholly within municipal boundaries. Therefore,
the City Council further finds that it is necessary to regulate and
license a taxi service conducted wholly within the boundaries of the
City of Newburgh for the purpose of maintaining order, enforcing laws,
protecting property, and caring for the safety, health, comfort, and
general welfare of the inhabitants and visitors to the City of Newburgh.
This chapter does not seek to regulate, in any way, taxi service which
is not conducted wholly within the City of Newburgh's municipal boundaries.
Unless otherwise expressly stated, whenever used in this chapter,
the following words shall have the meanings given to them by this
section. Whenever used in this chapter, pronouns and other references
to persons and entities shall be considered to include the masculine
and the feminine, and the singular and the plural, as the sense and
neutral application thereof shall require.
The Chief of Police of the City of Newburgh, or the officer
designated by him to perform the duties and carry out the responsibilities
assigned to the Chief of Police hereunder, unless otherwise specified.
The City of Newburgh, New York, unless otherwise specified.
Any motor vehicle which is used for commercial transportation
purposes for charge or hire by paying passengers or persons for whom
a fare has been paid but which is, or is being used as, an ambulance,
a truck carrying freight or otherwise engaged in interstate commerce;
a van or other like vehicle used for transportation of disabled, frail
or elderly persons; a bus or van used for school or educational purposes;
a bus or other vehicle used for mass transit; or a vehicle being used
in a funeral or for such other purpose as the law or the Chief of
Police may determine to be exempt from the provisions of this chapter.
Either a customer or passenger paying or for whom a charge
has been paid to hire a lawfully licensed taxicab for transportation
services under this chapter; or the charge so levied and lawfully
incurred by such passenger, according to the sense thereof as used
herein.
A duly registered passenger automobile which transports fares
for hire. However, a livery service shall not secure business by cruising
the streets or by soliciting fares in public places. A livery may
have the word "livery" and the name of the owner or company on the
vehicle. A livery shall not, however, have placed upon it a dome light
or other lights located on the roof of the vehicle or the words "taxi,"
"taxicab" or words of similar import or any other distinctive or unusual
equipment, device, design, color, numbers or lettering liable to deceive
the public that such a vehicle is a taxicab.
[Added 5-23-2022 by Ord.
No. 4-2022]
Any person owning or having control of the use of one or
more taxicabs used for hire upon the streets of the City or engaged
in the business of operating a taxicab or a taxicab company in the
City of Newburgh.
A card on which is printed the tariff rates or fares charged
for taxi service in the City as provided by this chapter.
Includes any street, alley, avenue, thoroughfare, court,
bridge, lane or other public place in the City.
Includes any motor vehicle engaged in the business of carrying
persons for hire, where said business is conducted wholly within municipal
boundaries, and which is operated from a street stand, cruises the
streets of the City of Newburgh for the purpose of securing passengers,
or subject to calls from a garage or otherwise dispatched for the
purpose of operating for hire, except vehicles subject to the provisions
of the Transportation Law and exempted thereby from the provisions
of this chapter, or used by funeral homes or undertakers in carrying
on their business.
[Amended 7-12-2010 by Ord. No. 11-2010; 5-23-2022 by Ord. No. 4-2022]
Any person who drives a taxicab available for hire or under
hire, whether such person is the owner or lessee of such taxicab or
employed by or in contract with a taxicab owner, operator or lessor.
A license granted by the City to an otherwise qualified person
to drive any licensed taxicab for hire or under hire upon the streets
of the City.
A license granted by the City to any business or person to
keep for hire any vehicle to be used as a taxicab in such City, each
such license being specifically issued to one specified vehicle only.
A number included on each taxicab vehicle license and inspection
sticker issued by the Chief of Police or designee; each vehicle so
licensed shall be assigned one unique number as described in this
chapter.
[Amended 5-23-2022 by Ord. No. 4-2022]
Includes any place alongside the curb of a street or elsewhere
which is exclusively reserved by the Chief of Police and/or by the
codes and rules of the City for the use of taxicabs and specifically
designated therefor.
One or more sheets of paper upon which the driver and/or
operator records information pertaining to each trip carrying one
or more paying passengers, as described in this chapter.
A light which is affixed to the roof of a taxicab vehicle,
contained within an amber lens, which can be easily seen when illuminated
during day or night from no less a distance than 50 feet, the illumination
of which is operated by a switch solely under the control of the driver
and which, when illuminated, shall indicate that the driver and/or
passenger(s) are in need of emergency assistance and which shall be
used exclusively for such purpose.
It shall be unlawful for any person to drive, operate, offer
or keep for hire or charge within the limits of the City any taxicab
or other motor vehicle providing transportation service for charge
or fee without first having obtained and paid for a taxicab driver's
license and a taxicab vehicle license, and all other licenses and
permits required by law, and causing the same to be and remain in
force and effect at all times under the provisions of this chapter.
No person shall drive a taxicab and no person shall permit anyone
to drive a taxicab within the limits of the City without such driver
having first obtained and paid for, and having in force and effect
at all times, both a valid New York State driver's license of the
appropriate class and certification, including but not limited to
a chauffeur's license, and a taxicab driver's license issued under
the provisions of this chapter.
A.
Each applicant for a taxicab driver's license must comply with the
following requirements and provide the required information to the
satisfaction of the Chief of Police:
(1)
He must first have obtained all required state licenses, including
a state chauffeur's license. The full residence address of the applicant
must be entered on the Department of Motor Vehicles driver's license.
P.O. box numbers are not acceptable.
(2)
He shall fill out, upon a blank form to be provided by the City Clerk,
a statement giving his full name, current residence, places of residence
for the five years immediately preceding his moving to his present
address, age, date of birth, height, color of eyes and hair, place
of birth, whether a citizen of the United States, places of previous
employment for the immediate past five years, whether married or single,
whether he has ever been arrested or convicted of a felony or misdemeanor
or driving while intoxicated ("DWI"), or criminal charges involving
illegal drugs, whether he has been previously licensed as a driver
or chauffeur and, if so, whether his license has ever been revoked
and for what cause, the number of the chauffeur's license issued by
the state, and the company name, business address and telephone number
from which the applicant will operate and/or drive any taxicab, which
statement shall be signed and sworn to by the applicant and filed
with the City Clerk as a permanent record.
(3)
He shall additionally submit the following:
(a)
The results of a drug screening test, performed within 10 days
of the date of the applicant's submission, from a laboratory certified
to perform toxicology tests and certify the results thereof by the
New York State Department of Health and which performs drug abuse
testing, indicating the applicant does not use amphetamines, barbituates,
benzodiazepines, benzoylecgonine, ethanol, fentanyl, methadone, opiates,
phencyclidine, propoxyphene, THC cannabinoids and tricyclic antidepressants,
unless prescribed by a licensed health-care provider. The taxicab
driver shall be responsible for all costs associated with the test
required for application and renewal, including but not limited to
all costs associated with such testing, as may be required by the
Chief of Police.
(b)
A copy of his current New York State Department of Motor Vehicles
driver's license abstract and true and accurate copies of certificates
of disposition for any and all arrests of such applicant.
B.
Each application for a taxicab driver's license shall contain the
following statement:
[Amended 5-23-2022 by Ord. No. 4-2022]
|
"PURSUANT TO NEW YORK STATE PENAL LAW § 210.45, IT
IS A CRIME PUNISHABLE AS A CLASS A MISDEMEANOR TO KNOWINGLY MAKE A
FALSE STATEMENT HEREIN."
|
C.
The Chief of Police is hereby authorized and empowered to require
such additional information as same shall be reasonably related to
the applicant's fitness and/or eligibility as he may deem necessary
from any applicant for any license required by this chapter. The Chief
of Police is hereby authorized to waive the production of any information
from any applicant as may otherwise be required under this chapter
if in his opinion such requirement is unreasonable, unnecessary, inappropriate
or unjust under the circumstances.
A.
Each applicant for a taxicab driver's license shall file with his application clear images, inked prints or other impressions of the fingers of his right and left hands to the satisfaction of the Chief of Police. Such impressions shall be placed upon forms furnished by the City Police Department, the impressions to be taken under the supervision of the Chief of Police or someone designated by him, at such place or places as may be designated by such licensing official. Each applicant shall also file two unmounted, unretouched photographs of himself, size 2 1/4 inches by 2 1/4 inches, taken within 30 days preceding the filing of the application. The filing required by this section shall be accompanied by a nonrefundable application fee as set forth in Chapter 163, Fees, of this Code. The Police Department is hereby authorized to submit such fingerprints to any agency of the State of New York, or subdivision thereof, for the purpose of conducting a criminal history and background check for such applicant, which shall be used to evaluate and determine the qualifications and fitness of such applicant to be issued a license hereunder.
[Amended 6-14-2010 by Ord. No. 10-2010]
B.
Applications with photographs, fingerprint images and/or impressions
and drug tests attached shall forthwith be sent to the Chief of Police,
and no license shall be issued under the provisions of this chapter
until the approval of the issuance of such license(s), in writing,
from the Chief of Police has been received by the City Clerk. The
Police Department shall conduct an investigation of each applicant
for a taxicab driver's license, and the report of this investigation
and a copy of the traffic and police record, if any, shall be attached
to the application and filed with the City Clerk. The Chief of Police
shall refuse to issue or renew a driver's license if the driver:
(1)
Does not meet a qualification for a license; or
(2)
Has made a material false statement on the application; or
(3)
Has submitted a drug screening test with a positive result or has
refused to submit to a test or has failed to provide a test result
or information regarding same; or
(4)
Has been convicted of, pleaded guilty to or forfeited bond or collateral
upon any of the following charges, whether the conviction, plea or
forfeiture occurred in the State of New York or elsewhere:
(a)
Any offense which constitutes a "serious offense," as the term
is defined by § 265.00 of the Penal Law of the State of
New York or any act supplementary thereof or amendment thereto; or
(5)
Has accumulated, within the past 24 months, six or more points on
his or her driver's license, as such points are determined by the
Department of Motor Vehicles of the State of New York; or
(6)
Has had any taxicab driver's license or a similar license or permit
revoked.
C.
The Chief of Police shall notify the applicant, in writing, of any
refusal to approve any application and the reason therefor.
A.
Issuance and form. Upon satisfactory fulfillment of the foregoing requirements and upon the payment of a nonrefundable driver's license fee as set forth in Chapter 163, Fees, of this Code, the City Clerk shall issue to the applicant a license which shall be in such form as to contain a photograph and signature of the licensee and blank spaces upon which a record may be made of any arrest of or such complaint(s) against him as may be required by the Chief of Police. Each license shall be stamped by the seal of the City upon at least a portion of the photograph. All licenses shall be numbered in the order in which they are issued and shall contain the driver's name and expiration date of the license.
[Amended 7-12-2010 by Ord. No. 11-2010]
B.
Tampering. Any licensee who alters, defaces, mutilates, changes,
removes or obliterates any official entry made upon his license, or
any other form, format, color, content or component thereof, shall
be punished by the revocation of his license.
C.
Duration. Taxicab driver's licenses shall be valid for one calendar
year from the date of issue and shall remain valid unless otherwise
revoked or suspended for the next succeeding calendar year, up to
the anniversary of the date of issue.
D.
Display. Each such license shall be placed in a transparent plaque
or frame the size of four inches by six inches and shall, at all times
when the driver is operating the cab for hire, be attached inside
the front seat of the taxicab on the right or passenger side thereof
in a position readily visible to the passengers of said taxi and to
persons looking in or through the window of the front door on the
right or passenger side thereof.
A.
When applying for a renewal of a taxicab driver's license, every applicant shall make such application at least 30 days prior to its expiration upon a form to be furnished by the City Clerk entitled "Application for Renewal of Taxicab Driver's License," which shall be filled out with the full name and address of the applicant, together with a statement of the date upon which the original license was granted and the number thereof and such other information as the Chief of Police and other City licensing official may deem necessary. Such application for renewal shall be accompanied by a nonrefundable fee as set forth in Chapter 163, Fees, of this Code. The driver shall submit with such application the results of a drug screening test performed within 10 days of the date of the application's submission in accordance with the requirements of § 272-5A(3)(a) above.
[Amended 6-14-2010 by Ord. No. 10-2010]
B.
Each application for renewal of taxicab driver's license shall contain
the following statement:
[Amended 5-23-2022 by Ord. No. 4-2022]
|
"PURSUANT TO PENAL LAW § 210.45, IT IS A CRIME PUNISHABLE
AS A CLASS A MISDEMEANOR TO KNOWINGLY MAKE A FALSE STATEMENT HEREIN."
|
C.
Applications for a renewal of a taxicab driver's license submitted
more than 30 days after the expiration date of same shall be treated
as a new application according to the requirements of this chapter.
Such licenses shall not be transferable. No license fee shall
be prorated or refunded. Each fee in its entirety shall accompany
each application therefor.
A.
Suspension or revocation of companies' right to operate within City.
The Chief of Police, with the assistance of the Corporation Counsel,
City Clerk and other involved City staff, shall monitor and record
the number of convictions of violations of the City Code and of the
laws, codes and rules of the State of New York pertaining to and arising
out of the operation of every driver, vehicle and company of one or
more taxicabs in the City of Newburgh.
B.
When the number of separate convictions, including guilty pleas,
accumulated over the indicated period of time as shown in the following
charts equals or exceeds the number shown, the Chief of Police shall
notify the driver and the operator and/or owner of the vehicle and
company of such number. The Chief of Police shall suspend the taxicab
driver's license, vehicle license and/or right of the owner and/or
operator of the company employing such driver(s) and/or owning such
vehicle(s) for such period as shown, or revoke same.
[Amended 5-23-2022 by Ord. No. 4-2022]
|
Driver's License
| |||||
|---|---|---|---|---|---|
|
Period of Time
(most recent)
|
6 Months
|
12 Months
| |||
|
Number of violations
|
5
|
7
|
7
|
9
| |
|
Penalty
|
Suspend 6 months
|
Revocation
(12+ months)
|
Suspend 6 months
|
Revocation
(12+ months)
| |
|
Vehicle License
| |||
|---|---|---|---|
|
Period of Time
(most recent)
|
6 Months
| ||
|
Number of violations
|
5
|
7
| |
|
Penalty
|
Suspend 6 months
|
Revocation
(12+ months)
| |
|
Right to Operate Within the City of Newburgh
| ||||
|---|---|---|---|---|
|
Period of Time
(most recent)
|
6 Months
| |||
|
Number of violations
|
10 times number of vehicles
|
15 times number of vehicles
|
20 times number of vehicles
| |
|
Penalty
|
Suspend 3 months
|
Suspend 6 months
|
Revocation
(12+ months)
| |
C.
The penalties provided for herein shall be in addition to and not
instead of any and all other penalties provided under this chapter
or City Charter or Code provisions or any law, rule or regulation
of the state or federal government or other regulatory authority.
D.
Suspension or revocation of a taxicab driver's license. A taxicab
driver's license or permit may at any time be suspended or revoked
for cause after a hearing by the Chief of Police. Upon making a determination
to revoke or suspend a taxicab driver's license, the Chief of Police
shall notify the holder of the license and any owner or operator by
which he is employed of such decision, in writing, by certified mail
to the last address set forth in the City's records, and shall state
the reasons for his decision in such notice. Any such suspension shall
be noted on the license, together with a statement of the reason therefor,
and the driver shall be deprived of his license by the official suspending
or revoking such license. When the license or permit is suspended
or revoked, the taxicab driver's license and a note of the revocation
or suspension shall be forthwith sent to the City Clerk, the license
to be returned at the expiration of the period for which it was suspended.
A second suspension for the same reason or, in any case, a third suspension
of a taxicab driver's license shall revoke the license.
E.
Relicensing of drivers. No driver whose taxicab driver's license
or permit has been revoked shall be again licensed as a taxicab driver
in the City, unless upon the presentation of reasons satisfactory
to the Chief of Police.
There shall be kept in the office of the City Clerk a complete
record of each license or permit issued to a driver and of all renewals,
suspensions and revocations thereof, which record shall be kept on
file with the original application of the driver for a taxicab driver's
license.
A.
It shall be unlawful for any person to drive, operate or permit to be operated a taxicab upon the streets of the City or to solicit or pick up taxicab passengers within the City without first having paid a nonrefundable fee as provided for herein for each such vehicle so licensed and without first having obtained for each such vehicle a taxicab vehicle license under the provisions of this chapter from the City Clerk. Such license shall be valid for one calendar year from the date of issue and shall expire on the anniversary of the date of issue of the next succeeding calendar year unless sooner suspended or revoked. It shall be unlawful for any person to drive, operate or keep for hire or pay within the limits of the City any taxicabs not equipped as required by § 272-17 or which have not been inspected as required by § 272-16 or which do not display the inspection sticker as required by § 272-16.
B.
The fee for each vehicle so licensed shall be as set forth in Chapter 163, Fees, of this Code.
[Amended 6-14-2010 by Ord. No. 10-2010]
C.
For each vehicle licensed as a taxicab hereunder, the Chief of Police
or designee shall issue a sticker of uniform design. Each sticker
shall display a unique number as provided in this section, shall show
the expiration date of said taxicab vehicle license, and shall show
the expiration date of said taxicab's inspection. Such sticker shall
be affixed on the windshield of the vehicle for which same shall have
been issued by the Chief of Police or his designee so as to be clearly
visible. Each taxi company shall be assigned a unique number and each
vehicle operated by each such company shall be assigned a unique number
with said company; thus, each vehicle shall have a unique number in
the form AB-CD, where "AB" is the number assigned to the company and
"CD" is the number assigned to each vehicle operated by each such
company.
[Amended 8-12-2019 by Ord. No. 6-2019; 5-23-2022 by Ord. No. 4-2022]
D.
[1]The City shall issue new stickers as described in this
section annually or at such other times as the City shall determine
to be appropriate and necessary.
[1]
Editor's Note: Former Subsection D, regarding a licensee's
consent to inspection by police officers, was repealed 7-12-2010 by
Ord. No. 11-2010. This ordinance also redesignated former Subsection
E as Subsection D.
One application for each taxicab vehicle license shall be made
by the owner or other person with legal authority over same upon blank
forms furnished by the City Clerk. Such application shall contain:
A.
The name, age and residence of the person applying for the license,
proof of his ownership and/or legal authority over each such vehicle
and what, if any, previous experience he has had in the business of
owning, furnishing, leasing, operating, driving, repairing or other
enterprises in connection with providing transportation or related
services for hire or charge.
B.
The name, age and residence of the person or persons to be in immediate
charge of the driving of each such taxicab or taxicabs or other motor
vehicle(s) for hire; and the address and telephone numbers for business,
home and cellular telephones by which such persons may be contacted.
C.
For each such vehicle, the type of motor vehicle to be used, the
horsepower, the vehicle identification number, the state license and
registration numbers, any periods during which the vehicle has been
used as a taxicab or vehicle for hire, and the seating capacity according
to its trade rating.
D.
Whether and when the vehicle has ever been previously licensed to
operate as a taxicab or vehicle for hire and, if so, where.
E.
Whether such vehicle's license to operate as a taxicab or vehicle
for hire has ever been revoked or suspended, when, and for what cause.
F.
Such other information as the Chief of Police may deem necessary,
including but not limited to any and all information concerning the
current and former state and history of repairs to such vehicle.
G.
A copy of the New York State vehicle registration and the expiration
date of the current New York State motor vehicle inspection and sticker
number. The full address of the registered owner must be on the Department
of Motor Vehicles registration. P.O. box numbers are not acceptable.
H.
Miscellaneous.
(1)
Each taxicab vehicle license application shall contain the following
statement:
|
"PURSUANT TO PENAL LAW § 210.45, IT IS A CRIME PUNISHABLE
AS A CLASS A MISDEMEANOR TO KNOWINGLY MAKE A FALSE STATEMENT HEREIN."
|
(2)
Any false statements by the owner, applicant, operator and/or driver
for a taxicab vehicle shall be reported to the Police Department.
The City Clerk is hereby authorized and empowered to require such
additional information as may be deemed necessary by the City Clerk
and/or by the Chief of Police.
(3)
The application must include the approved assigned unique official
taxicab vehicle number assigned by the Police Department, which shall
be added to such application by the applicant, City Clerk or Chief
of Police when such application is approved.
A.
No vehicle shall be licensed as a taxicab hereunder unless it has
a for-hire insurance policy in effect. No vehicle shall be licensed
as a taxicab hereunder unless it is insured by a public policy for
damages for death or injuries to persons in the amount provided in
the laws, rules and regulations established by the State of New York
as the minimum required of any vehicle operated as a taxicab.
B.
The Chief of Police shall refuse a taxicab vehicle license or, if
already issued, shall revoke or suspend a license if the vehicle is
unsuitable for public patronage by virtue of being unclean, unsafe
or out of compliance with any applicable law, rule or regulation,
or if, in the discretion of the Chief of Police, the design, capacity
or other specifications of such vehicle render it unsuitable for use
as a taxicab.
[Amended 8-12-2019 by Ord. No. 6-2019]
If, upon inspection, a vehicle is found to be in proper condition
and in compliance in accordance with the provisions of all applicable
laws, rules and regulations, upon the approval of the application
for a taxicab vehicle license and the payment of the license fee hereinafter
set forth, such vehicle shall be licensed by delivering to the owner
a card of such size and form as may be prescribed by the Chief of
Police. The card shall contain the official license number of the
taxicab vehicle and a statement to the effect that, in case of any
complaints, the Chief of Police shall be notified, giving the license
number of the taxicab and the telephone number and address via which
such complaints may be made. Such card shall be signed by the City
Clerk. The taxicab vehicle license number assigned hereunder shall,
in each case, be the same as that assigned to the vehicle for that
year pursuant to law. Taxicab vehicle license cards must be displayed
in a prominent place visible to all passengers in the taxicab vehicle
for which the license card is issued. For each such vehicle, the license
number shall correspond to the number appearing on the sticker required
to be affixed to the windshield of each such vehicle as required by
this chapter.
[Amended 8-12-2019 by Ord. No. 6-2019; 5-23-2022 by Ord. No. 4-2022]
A.
No vehicle
shall be licensed as a taxicab pursuant to this chapter until it has
been inspected and examined by the Police Chief or his designee and
found to be in proper condition for the transportation of passengers,
clean, fit, of good appearance, well painted in accordance with this
chapter and in complete compliance with all requirements of the Code
of the City of Newburgh and with all other applicable laws, codes
and regulations, including that each such vehicle shall bear taxi
license plates issued by the New York State Department of Motor Vehicles.
B.
The inspection of the taxicab shall include, but not be limited to, a review of the following and shall include an inspection of those items listed in § 272-17 of this chapter:
(1)
Exterior
lights, including reverse, license plate, parking lights and roof
lights.
(2)
Tires.
(3)
Interior
lights.
(4)
Upholstery.
(5)
Floorboards/floor
mats.
(6)
Door
handles, inside and out.
(7)
Doors.
(8)
Body
damage and rust, including bumpers.
(9)
Paint.
(10)
Directional signals.
(11)
Heater.
(12)
Mirrors, inside and out.
(13)
Seat belts.
(14)
Wheel covers or hubcaps.
(15)
Conventional spare tire.
(16)
Jack, rated for said vehicle.
(17)
Exterior light lenses, free from cracks and property color.
(18)
No trailer hitches.
(19)
Trouble light.
C.
Repair
work which is required after inspection of a taxi must be completed
within 10 days of the inspection, and satisfactory proof of repair
shall be presented to the Chief of Police. Failure to make necessary
repairs and to present satisfactory proof may be grounds for denying
a license application or reapplication and for revoking or suspending
a license previously issued.
D.
Upon receipt
of a report from any designated inspection station which finds a taxi
to be unfit or unsuited for public patronage or which shall fail to
comply with the requirements of this chapter, the Chief of Police
or his designee shall refuse a license or shall revoke or suspend
the license previously issued.
E.
Upon successful
completion of the inspection, the Chief of Police or his designee
will issue a suitable inspection sticker with the month and year of
inspection expiration marked out. The sticker shall be affixed on
the windshield of the vehicle by the Chief of Police or his designee
where it shall be clearly visible and available for inspection by
any member of the City of Newburgh Police Department at all times
while said vehicle is licensed within the City of Newburgh.
F.
It shall
be unlawful to possess or display a forged, altered or unauthorized
City of Newburgh inspection sticker.
G.
The Chief
of Police may additionally inspect or cause to be inspected all taxicabs
from time to time, as often as he may deem necessary for the public
health, safety and welfare. Said inspections shall not be evidence
to be used against the City with respect to any claim of liability,
and the City assumes no special duty or obligation to any person with
respect to same, but shall be evidence merely that the licensee has
had inspections made as required by this chapter.
A.
Taxicab vehicle identification.
(1)
The City Clerk shall issue a taxicab vehicle license to each such
vehicle, which shall assign a unique taxicab number as described in
this chapter to each vehicle so licensed. Taxicab markings must be
permanently displayed on both front doors of each vehicle. Markings
must include taxi owner or company name, taxicab number, the words
"taxi" or "taxicab" or "cab," and "Newburgh, New York."
(2)
The taxicab number must also be permanently and visibly displayed
on the rear of such vehicle (left and right rear fenders and left
side of trunk lid or tailgate).
(3)
Taxis shall each be numbered, with a unique four-digit number. Companies
will be assigned a two-digit number (for example, Company A = 20,
Company B = 30, etc.). Each taxicab vehicle will be assigned a two-digit
number within each company. Thus, each vehicle shall have a unique
four-digit number, the first two indicating the company and the second
two indicating the vehicle within the company fleet. Numerical assignments
are to be approved by the Chief of Police or his designee.
(4)
Each taxicab vehicle shall prominently display on the outside of
the driver's side door and on the outside of the front passenger's
side door the schedule of fares for trips originating and ending within
the City of Newburgh, known as "in-City trips," charged to passengers
for the hire of such taxicab. In addition, each taxicab vehicle shall
prominently display such information on a fare card in the interior
of the vehicle such that it is clearly visible and readable by all
passengers.
(5)
The signs and numbers described herein as required must contain lettering
not less than three inches in height and three inches in width with
a paint stroke of 1/4 inch between each figure. Letter color must
contrast with the door color and be readable from a minimum distance
of 150 feet. The background of the sign must be of white reflective
material.
(6)
The Chief of Police or his designee shall issue a sticker for each
vehicle so licensed, which shall be affixed to the windshield of the
subject vehicle by the Police Chief or his designee. Each such sticker
shall display the unique four-digit number assigned to such vehicle.
[Amended 8-12-2019 by Ord. No. 6-2019]
(7)
The exterior roof light must contain the name of the company or word
"taxi" or "taxicab" or "cab." The exterior roof light must be permanently
mounted and lit at night.
B.
In addition to any requirements otherwise imposed by the Vehicle
and Traffic Law of the State of New York or by this chapter, each
licensed taxicab operating within the City of Newburgh shall at all
times remain in compliance with each of the following vehicle requirements:
(1)
No vehicle shall be licensed as a taxi for the first time if it was
manufactured prior to January 1, 1997.
(2)
Every vehicle shall be kept mechanically fit, interior and exterior
kept in a clean and sanitary condition and shall at all times bear
a current New York State inspection sticker and a City of Newburgh
inspection sticker.
(3)
Every vehicle shall have no fewer than four doors, not including
a hatchback or other rear entry, two of which lead into the driver's
compartment, and all doors shall be so constructed that they may be
opened from the inside and the outside. Under no circumstances shall
any two-door vehicle be licensed as a taxicab. Vans may be licensed
and approved for use as taxicab vehicles only if each such van provides
a seat and a seat belt for each passenger and carries no more than
seven passengers at any given time.
(4)
Every vehicle shall be equipped with an adequate heater of a type
which will not permit exhaust gasses to enter the interior of the
vehicle.
(5)
Every vehicle shall be equipped with at least three adjustable rear-view
mirrors, one in the driver's compartment and two exterior mirrors
installed on the exterior of the vehicle, one on the driver's side
door and one on the passenger-side door.
(6)
Every vehicle shall be equipped with a standard speedometer properly
installed and maintained in good working order. No licensed vehicle
shall be operated in public while such speedometer is inoperative
or disconnected.
(7)
Every vehicle shall have either acceptable snow tires, all-weather
radial tires or tire chains on the drive wheels of such vehicle when
pavement conditions are such as to require said use for the safety
of the driver, passenger and the general public.
(8)
Every vehicle shall be equipped with dual windshield wipers properly
installed and maintained in good working order, which shall be operated
whenever weather conditions require. This shall include windshield
washers in proper working condition. In addition, each licensed vehicle
shall at all times remain in compliance with New York State regulations
requiring that headlights be turned on at any time windshield wipers
are in operation.
(9)
Every vehicle shall contain original or replacement upholstery and
floor mats in good and suitable condition for satisfactory use by
the public. In the event that original upholstery or floor mats are
found to be worn or otherwise deteriorated, such upholstery or floor
mats must be replaced prior to the use of the licensed vehicle for
conveyance of the public.
(10)
Every vehicle shall be equipped with an interior light capable
of illuminating the entire interior of the taxicab after sundown.
The light shall be so arranged as to be automatically turned on by
the opening of any door to the vehicle and shall also have a switch
easily accessible to passengers.
(11)
Wherever glass is used in the construction of any licensed vehicle,
such glass shall be safety glass, clearly and permanently marked as
such and of a type approved by the Commissioner of Motor Vehicles
of the State of New York. All glass in said licensed vehicle shall
be in good condition and shall not contain air bubbles, cracks or
fractures. Glass shall not be tinted.
(12)
The fenders, bumpers and body of each licensed vehicle must
be rigidly and tightly fastened to said vehicle, free from significant
or extensive dents or mutilation, and shall be so constructed as to
allow the full opening of all doors of the vehicle. The exterior of
the vehicle shall be properly maintained, painted and the finish in
good condition. This includes all exterior light lenses to be free
from cracks and to be the proper color.
(13)
The vehicle must be equipped with both front and rear window
defrosters/defoggers. They are to be in proper working condition.
(14)
Every vehicle shall be equipped with hubcaps on all four wheels
or shall have uniformly painted wheels in lieu thereof.
(15)
Shades or curtains are prohibited on the inside of any taxicab.
(16)
New York State license plates, a City inspection sticker and
any other licensing and inspection identification shall be placed
and maintained in such manner as to be clearly visible and unobstructed
at all times.
(17)
No licensed vehicle shall be equipped with any equipment which
is not reasonably useful or necessary to furnish safe, adequate and
convenient taxicab service to the public.
(18)
Each vehicle used as a taxicab shall be equipped with a roof
light which shall be illuminated by an electrically powered light
and controlled by the driver. Such light shall be in addition to the
emergency roof light provided for hereinbelow.
(19)
The exterior surfaces of each and every vehicle used as a taxicab
in the City of Newburgh shall be painted yellow at all times.
[Amended 5-23-2022 by Ord. No. 4-2022]
(20)
Every company operating any taxicab shall designate an employee
such as a dispatcher or other such person who shall be responsible
to keep and maintain a trip sheet at all times during the operation
of such taxicab.
(a)
Such trip sheet shall record, at a minimum, the following information:
[1]
The name and driver's license number of each and every driver
operating such vehicle for the trips recorded on the trip sheet.
[2]
Date, commencement time by hour and minute and origin point
of each trip for each passenger.
[3]
Date, drop-off or termination time by hour and minute and destination
or termination location of each trip for each passenger.
[4]
Fare charged and collected for each trip for each passenger.
[5]
Date, time by hour and minute and location of any accident or
breakdown causing an interruption or discontinuance of the operation
of such taxicab and a description thereof.
[6]
The issuance of any citation or violation of any law, rule or
code involving the operation of such taxicab and/or the conduct of
the driver of same.
(b)
The proprietor, operator or owner of any taxicab business shall
produce any and all such trip sheets for any and all taxicabs operated,
owned or controlled by such persons upon demand therefor by any police
officer.
(c)
All such trip sheets shall be retained and kept on file and
made available for audit, examination and inspection by any City law
enforcement or code enforcement officer at all reasonable times for
a minimum period of two years by every owner, operator and/or proprietor
of every taxicab and company operating and/or owning same.
(21)
Each vehicle used as a taxicab shall comply with all applicable
federal, state and other laws, rules and regulations pertaining to
its use by and accessibility to persons with disabilities.
(22)
Each taxicab vehicle shall be equipped with a light affixed
to the roof contained within an amber lens which can be easily seen
when illuminated during all times of the day or night from a distance
of no less than 50 feet, the illumination of which is operated by
a switch solely under the control of the driver, which, when illuminated,
shall indicate that the driver and/or passenger(s) are in need of
emergency assistance and which shall be used exclusively for such
purpose.
(23)
[1]Each taxicab shall prominently display in the interior
thereof visible to all passengers a sign or sticker written in both
the English and Spanish languages in no less than eighteen-point type
advising that seat belts are available and should be used by all passengers.
[1]
Editor's Note: Former Subsection B(23), regarding posting
of a notice regarding the driver's consent to permit police inspection,
was repealed 7-12-2010 by Ord. No. 11-2010. This ordinance also redesignated
former Subsection B(24) as Subsection B(23).
C.
Taxicabs licensed in accordance with this chapter may be equipped
with partitions or shields made of plexiglass or other shatterproof
material located between and effectively separating the front and
rear seats.
D.
In addition to any requirements otherwise imposed by the Vehicle
and Traffic Law of the State of New York or by this chapter, each
licensed taxicab operating within the City of Newburgh shall at all
times remain in compliance with each of the following requirements
applicable to all owners and operators thereof:
(1)
Must maintain and furnish a current list of drivers and employees
upon request of the Chief of Police.
(2)
Must provide a letter to the Chief of Police upon the discharge or
termination for any reason of a driver and/or employee, giving the
reason for such discharge or termination.
(3)
Must promptly report to the Chief of Police the transfer of ownership
of any vehicle licensed by the City and concurrently turn in to the
Chief of Police the taxicab vehicle license of such vehicle.
(4)
Must report, in writing, changes of address of the owner, operator
or driver of a taxicab to the Chief of Police within three days of
said change.
(5)
Must maintain proper vehicle insurance for all owned or operated
taxis in accordance with the New York State Vehicle and Traffic Law
or other laws, rules or regulations and report a revocation or cancellation
of insurance immediately to the Chief of Police. Proof that the vehicle
is covered by a current liability insurance policy shall be attached
to the application in the form of a certificate of insurance.
E.
In addition to any requirements otherwise imposed by the Vehicle
and Traffic Law of the State of New York or by this chapter, each
licensed taxicab driver operating within the City of Newburgh shall
at all times remain in compliance with each of the following driver
requirements:
(1)
The driver shall keep the interior and exterior of the taxicab in a clean and sanitary condition and shall at all times maintain the vehicle in compliance with City Code Chapter 272.
(2)
The driver shall not smoke while the vehicle is carrying passengers.
(3)
The driver shall, at all times while on duty, have displayed in the
interior of the vehicle which he is operating his taxicab driver's
license. The license shall be displayed in a place visible to any
passenger in such taxicab, such as on the passenger visor.
(4)
In the event a driver's appearance changes substantially, he shall provide the Chief of Police with a new photograph and shall accompany such photograph with an application fee as set forth in Chapter 163, Fees, of this Code.
[Amended 6-14-2010 by Ord. No. 10-2010]
(5)
The driver shall report to the police any unlawful act committed
in, with or in connection with his vehicle or any attempt to use his
vehicle to commit a crime or escape from the scene of a crime.
(6)
The driver shall not permit any passenger in the taxicab except a
paying fare during such time as the taxi is being used for business
purposes.
(7)
The driver shall not operate a taxicab when there is snow or ice
on the pavement unless there are chains, all-weather radial tires
or snow tires on the drive wheels.
(8)
While on duty, the driver shall state his/her name and employer's
name to any passenger or police officer on request. Also, it shall
be unlawful for any driver of any taxicab to misrepresent or withhold
the name of his employer or the business address and business telephone
of the same.
(10)
No vehicle licensed as a taxicab shall be used for the carrying
of any freight, goods or merchandise of any nature whatsoever while
carrying a fare unless such goods or merchandise are owned by the
fare riding with same.
(11)
Carriage of infected persons. Should it be found by the owner,
operator or driver that a taxicab has been used to convey any person
infected with a contagious disease, or if any blood or bodily fluids
or discharges have contaminated the passenger area of the taxi, such
vehicle shall not be used until it has been thoroughly cleaned and
disinfected in accordance with applicable laws, rules and regulations
related to public health.
(12)
Any owner or operator shall not permit any one driver to operate
a taxicab more than 12 hours in any continuous twenty-four-hour period,
except the driver of a taxicab exclusively hired or engaged for special
trips or excursions.
(13)
The driver shall not be permitted to carry more than five passengers,
including children, in a four-door sedan vehicle and shall not be
permitted to carry more than seven passengers, including children,
in a station wagon or van.
(14)
The driver shall not operate a taxicab if the vehicle has any
equipment violations as defined in this chapter or in the Vehicle
and Traffic Law § 375, or other laws, rules and regulations.
(15)
The driver must not consume alcohol or intoxicating drugs prior
to or during the driving or other operation of a taxicab. This excludes
prescription and over-the-counter medications which do not cause drowsiness,
fatigue, blurred speech or vision or other conditions which may impair
the ability to drive safely.
(16)
Except when authorized in the Vehicle and Traffic Law, the driver
shall not use the horn or otherwise make or create loud or unnecessary
noise, such as for announcing arrival or alerting potential patrons.
(17)
The driver shall not obstruct traffic. The driver shall pull
to the curb to pick up and discharge passengers. The driver shall
not intrude upon or obstruct pedestrian crossings, bus stops, loading
zones, driveways, intersections or other areas requiring the free
and unobstructed flow of traffic when stopped to pick up or discharge
passengers.
(18)
The driver shall provide a written receipt accurately stating
the exact fare paid by any passenger requesting same.
(19)
Each and every operator and driver of a taxicab vehicle operating
as such in the City of Newburgh is required to accept as a paying
fare every orderly adult person and shall not refuse to accept as
a paying fare any adult person on the basis of any disability or on
the basis of his race, ethnicity, religion, sex, age, sexual preference
or other discriminatory basis or criteria prohibited by law.
(20)
The driver shall not illegally use, consume, possess or deal
in intoxicating liquors or drugs.
Taxicab vehicle and/or driver's licenses may be revoked or suspended
at any time for cause after a hearing by the Chief of Police. "Cause"
includes, but is not limited to, violation of any sections of this
chapter; conviction of a violation, misdemeanor or felony pursuant
to the laws of the State of New York; or transporting, soliciting
or procuring any person to ride in a licensed taxicab for the purpose
of commission of a crime. Licenses shall be revoked if the vehicle
shall be used for immoral or illegal purposes. Licenses and permits
may be suspended or revoked for failing to be and remain in compliance
with all applicable laws, rules and regulations. When the license
is suspended or revoked, the taxicab driver's and/or vehicle license
card hereinbefore provided for shall be retained by the Chief of Police
and shall be returned only after the expiration of the suspension
period, with suitable entry being made thereon by the Chief of Police
or his authorized designee as to the reason for and duration of the
suspension. The Chief of Police, upon determination to revoke or suspend
a license, shall notify the holder of his decision, in writing, by
certified mail and state the reasons for his action.
The City Clerk shall keep a register of the name of each person
owning or operating or otherwise legally responsible for a taxicab
vehicle licensed under this chapter, together with the license numbers
of vehicles and drivers. Such record shall be open to the inspection
of the public at all reasonable times.
[Amended 6-14-2010 by Ord. No. 10-2010]
Every person to whom a license card, license or permit has been issued under the provisions of this chapter shall, upon discontinuing or abandoning the ownership, operation or driving of a taxicab, return such license card, license or permit to the City Clerk unless such card, license or permit has been lost or for other reason cannot be restored. Such card, license or permit shall not be assigned or transferred to any other person or be applicable to any motor vehicle other than the one specified therein. Any licensee who permits his license, permit or card to be used by any other person or for any vehicle other than the one for which same was issued and any person who uses such license, permit or card granted or given to any other person or who uses such permit or license for a vehicle other than the one for which it was issued shall each be guilty of a violation of this chapter. Notwithstanding the foregoing, the owner or operator of a vehicle licensed as a taxicab under this chapter may take such vehicle out of service as a taxicab for any reasonable cause, such as damage, wear and tear, sale of the vehicle, age of the vehicle or other. In such case, such owner or operator may apply to the Chief of Police for permission to transfer the license issued to such vehicle to another vehicle to be put in service as a taxicab to replace the vehicle originally licensed. Such application shall include all the information pertaining to the replacement vehicle required for a taxicab vehicle license, and such replacement vehicle shall meet all the requirements applicable to taxicabs, as required by this chapter. Such application to transfer such taxicab vehicle license shall be accompanied by a nonrefundable transfer application fee as set forth in Chapter 163, Fees, of this Code.
[Amended 6-14-2010 by Ord. No. 10-2010]
Whenever a license, permit, badge or card shall be lost, stolen or destroyed, without fault on the part of the holder, his agent or employee, a duplicate in lieu thereof, under the original application, may be issued by the City Clerk upon the filing of a sworn affidavit containing the facts of such loss or theft and upon the payment of the cost of such duplicate license, permit, card, badge or tag. The replacement fee for a lost, stolen or destroyed license, permit, badge or card shall be as set forth in Chapter 163, Fees, of this Code. Notice of the issuance of such duplicate, with a copy thereof and a copy of the affidavit required hereunder, shall be provided by the City Clerk to the Chief of Police.
Taxicab stands may be established by police regulation or by
ordinance and subject to such approval as the City Council may require,
and shall be used only by taxicab drivers in the order of their arrival
at said stands. Taxicab stands may be used only by licensed taxicabs
then available for hire and being driven only by licensed taxicab
drivers.
[Amended 5-23-2022 by Ord. No. 4-2022]
No taxicab owner, operator or driver shall employ radios, telephones
or other methods or means of remote communication in order or so as
to preempt, intercept, precede or otherwise interfere with any other
driver or operator of a taxicab which has lawfully been called, appointed
or retained to serve a fare.
A.
Except as provided in Subsection B of this section, the rate of fare for the transport of passengers and/or baggage to and from destinations within the City of Newburgh shall be $8.
[Amended 5-23-2022 by Ord. No. 4-2022]
B.
The rate of fare for the transport of passengers who are 65 years
or older from any point having its origin within the City of Newburgh
to any point having its destination within the City of Newburgh shall
be $4.
[Amended 5-23-2022 by Ord. No. 4-2022]
C.
Owners, operators and drivers must display fare rates visibly to
all passengers.
D.
Owners must submit, along with the taxicab vehicle license application,
their established fare rate for transports within, through and outside
the City limits.
E.
The soliciting of tips, gratuities or any charges in addition to
those authorized herein is prohibited. This clause shall not prohibit
the voluntary offer or acceptance of a tip or gratuity.
F.
No driver of a licensed taxicab shall carry any person other than
the passenger first employing a taxicab without the consent of said
first passenger.
G.
No person shall charge or attempt to charge any passenger a greater
fare than that to which the taxicab driver is entitled to collect
under the provisions of this chapter.
H.
If a taxicab waits for more than five minutes for a passenger at
the passenger's request, there may be a charge for waiting of $2 for
each five minutes, or fraction thereof, after the first five minutes.
[Amended 5-23-2022 by Ord. No. 4-2022]
I.
Transport of animals.
(1)
There is no additional charge for carrying a service animal accompanying
a person whose physical or medical condition requires the assistance
of such animal, and no driver shall refuse or decline to carry a passenger
or fare for the reason that such person is accompanied by such a service
animal.
[Amended 5-23-2022 by Ord. No. 4-2022]
(2)
Drivers may refuse to transport any other animal unless the animal
is securely enclosed in a kennel case which can be reasonably accommodated
by such vehicle or is otherwise reasonably secured in accordance with
the size, kind and nature of such animal.
J.
The schedule of fares herein established may be amended by adoption
of an ordinance by the City Council.
A.
Prepayment. Every driver of a taxicab shall have the right to demand
payments of the legal fare in advance and may refuse employment unless
so prepaid, but no driver of a taxicab shall otherwise refuse or neglect
to convey any orderly person or persons upon request to any lawful
destination anywhere in the City, unless previously engaged, off duty
or otherwise lawfully unable to do so.
B.
Disputed fares. All disputes as to fares shall be determined by the
duty officer in charge of the police station at the time of the dispute.
Such officer shall record the date, time, names and addresses of all
involved parties, and the officer's findings and resolution of such
dispute. Copies of same shall be provided to all involved parties
and to the Chief of Police. Any party disputing said resolution may,
upon advance written notice to all other involved parties, appeal
such disputed resolution to the Chief of Police.
Whenever a passenger in a taxicab asks for a receipt for the
fare paid by him, it shall be given to him by the driver. Such receipt
shall show the name of the driver, the name of the owner of the taxicab,
the number of the taxicab, the time when the trip began and ended,
the origin, any stops, the final destination of the trip and the amount
of fare collected.
It shall be unlawful for any taxicab owner or operator or any
taxicab driver within the limits of the City to charge fares for taxicab
service of more than the prescribed rate of fare for carrying a passenger
to his destination.
No person shall be allowed to ride in the front seat of any
taxicab next to the driver except paying passengers, and any driver
who shall permit this may be deprived of his license via suspension
or revocation of same by the Chief of Police. It shall be the duty
of all police officers to issue violations to offenders and notify
the Chief of Police of any violation of this provision.
No driver of a licensed taxicab shall carry any person(s) other
than the passenger first employing a taxicab without the consent of
such first passenger. No person shall be required to ride in or to
pay for a called taxicab if the same is already occupied by another
passenger without his consent. No person shall be required to ride
in or to pay for a taxicab if the driver of same takes on additional
passengers without his consent.
Every driver of a taxicab shall at all times comply with the
ordinances of the City of Newburgh, and all other applicable laws,
rules and regulations, prohibiting loud or unnecessary noise in disturbance
of peace and quiet.[1] At no time shall a taxicab driver sound the horn or otherwise
make noise to notify another person of his presence or to notify,
attract or solicit a customer or passenger. Taxicab drivers violating
this section are subject to any and all penalties provided for violations
of this chapter, including but not limited to suspension and/or revocation
of said driver's taxicab driver's license and/or the taxicab vehicle
permit or license issued to such vehicle. This shall be in addition
to and not instead of subjecting such offender to other penalties
prescribed by the City Code and any other law for violating such other
laws or ordinances prohibiting loud or unnecessary noise and/or cruising.
Every driver of a taxicab, immediately after the termination
of any hiring or employment, must carefully search such taxicab for
any property lost or left therein, and any such property, unless sooner
claimed or delivered to the owner, must be taken to the police station
and deposited with the officer in charge within 24 hours after the
finding thereof.
A.
It shall be unlawful for any licensed driver of any taxicab to misrepresent
his own name, and/or the name of his employer, or knowingly receive
or transport any person or persons who intend any unlawful act in
such vehicle during the voyage or at the termination thereof, whether
within such vehicle or not. It shall be unlawful for any such driver
to solicit or procure or to aid or assist in soliciting or procuring
any person to ride in a licensed taxicab with the intent of the driver
or of any or all passengers to commit any unlawful act therein or
at any time during the voyage or immediately following the termination
thereof, whether within the vehicle or not.
B.
It shall be unlawful for any licensed driver of any taxicab to solicit
and/or procure the sale or distribution of controlled substances.
It shall be unlawful for any licensed driver of any taxicab to solicit
and/or procure any person to ride in a licensed taxicab for the purpose
of sale or distribution of controlled substances.
C.
Operating a vehicle under the influence of alcohol or a controlled
substance shall be grounds for immediate suspension and revocation
of a driver's license. The Chief of Police may require a licensee
to submit to drug and alcohol screening tests upon reasonable cause.
Refusal to submit to such screening test or a positive test result
shall constitute grounds for revocation of a license.
D.
No person owning, operating or driving a taxicab shall deceive or
misinform any customer or passenger who may pay for taxicab service,
or who may ride or desire to ride in any such vehicle, as to the shortest
route to a destination or as to the lawful fare to be charged. No
person owning, operating or driving a taxicab shall deceive or misinform
any customer or passenger as to the location or distance of the destination
requested, nor shall any passenger be transported to any destination
other than the one specified and/or by any route directed or requested
by such person.
Any person violating any of the provisions of this chapter shall, upon conviction, be punished as provided in § 1-12 for violations of the Code of the City of Newburgh and, in addition thereto, if a licensee, or the owner, operator or driver of a licensed vehicle, his license or licenses or those issued to or for such vehicle may be suspended or revoked. The Chief of Police may, in his discretion, temporarily suspend a license pending the outcome of the prosecution of the licensee under this chapter or under any other provision of any applicable law, code, rule or regulation. The penalties set forth herein and in the City Charter and Code shall be in addition to and not instead of any other penalties imposed by any other applicable law, code, rule or regulation of any other governmental or regulatory agency or entity.
Whenever a state of emergency is declared by the City Council,
City Manager or other public official with such authority, or whenever
the Chief of Police, or, if there be none, the highest-ranking officer
in command of the Police Department, determines that protection of
public safety so requires, the City Manager and/or the Chief of Police
may suspend the provisions of this chapter, in whole or in part, for
part or all of the period during which such emergency conditions may
prevail. Such power shall include but not be limited to the suspension
of the requirement that fares be paid by passengers and/or other requirements
of this chapter. Under such circumstances, all drivers and operators
shall endeavor to keep and maintain accurate records showing the trips
provided and the details of same during such period, similar to such
records as would be required to be kept by this chapter if such period
of emergency had not existed.
A.
The provisions of this chapter shall have no application to exempt
vehicles, as defined herein, or to taxicabs while in use at funerals,
weddings, religious services or other special events, upon advance
notice of same being provided to the Chief of Police and his approval
thereof.
B.
The licensing fee set forth in this chapter shall not be required
for taxicab vehicles or other vehicles for hire to which this chapter
would otherwise apply if same are owned by or operated under the control
of a corporation duly organized and existing pursuant to the Not-For-Profit
Corporation Law of the State of New York and while being used solely
for the purposes of such corporation under the following terms and
conditions:
(1)
That in addition to fulfilling all requirements of this chapter and
other applicable laws, the corporation shall make application for
such exemption to the City Clerk of the City of Newburgh. Such application
shall list for each taxicab or other vehicle for which the exemption
is sought:
(a)
Make and model.
(b)
License plate number.
(c)
Name and address of owner; and operator, if different from owner.
(d)
Driver's license number of owner; and operator; and driver(s),
if different from each other.
(e)
Vehicle identification number.
(f)
Registration number.
(g)
A listing, by name, residence and New York State driver's license
number, of all persons authorized to drive such taxicabs or vehicles.
(h)
The purposes and usual business of such corporation and a description
of the use of such vehicles in keeping therewith.
(2)
That upon approval of such application by the City Clerk, the owner of such exempt taxicab shall be provided with a license card in the same form as prescribed in § 272-15 of this chapter, such license card to have the words "Fee Exempt" inscribed upon it.
(3)
That upon approval of such application by the City Clerk, each person authorized to drive and/or operate such exempt taxicab shall be issued a license in the same form as prescribed in § 272-7 of this chapter, such license to have the word "Volunteer" inscribed upon it.
(4)
That no owner of or person authorized to drive or operate any exempt
taxicab shall receive any salary, fee or compensation for such ownership
or operation, or driving of same, solely for the purpose of providing
transportation services to other persons.
(5)
Any person who shall intentionally or knowingly make a false statement on an application in order to obtain a fee-exempt license for a taxicab vehicle or for an exempt taxicab driver's license or who shall seek or obtain compensation for the operation of an exempt taxicab vehicle or who shall drive or operate or permit to be operated an exempt taxicab vehicle without obtaining the license card and/or license set forth in Subsection B(2) and (3) of this section shall be guilty of a violation and shall be subject to the penalties prescribed in § 1-12 of the Code of Ordinances, and of any and all other applicable laws, codes and rules, including this chapter.
The provisions of this chapter shall be deemed severable. The
finding of the invalidity, illegality or unenforceability of any one
or more provisions hereof shall not be deemed to affect the validity
of the other sections or provisions of this chapter, as long as the
sense thereof remains.
