[1]
Editor's Note: This article consists of Ord. No. 1, adopted
2-7-1927, and amended 2-9-1942, 3-16-1943, 12-20-1954, 3-23-1960,
1-24-1966 and 7-29-1969.
[Ord. No. 1, § 1, 2-7-1927; L.L.
No. 4-2010, § 1]
The word "taxi," as used in this article, shall include all
vehicles used in the business of transporting persons for hire, other
than vehicles operated under a special franchise.
[Ord. No. 1, § 2, 2-7-1927; L.L.
No. 4-2010, § 1]
(a)
Taxi owner's license. No person shall engage in the business
of operating a taxi or taxis within the Village without first obtaining
a taxi owner's license and a taxi license issued by the Village
for each vehicle employed in said business.
(b)
Taxi driver's license. For all licensees that have obtained
a taxi driver's license on or before March 1, 2010, no person
shall operate a taxi within the Village unless a taxi driver's
license has been duly issued to him by the Village, as provided in
this article, and has not expired or been revoked or suspended. For
all licensees that have obtained or are to obtain a taxi driver's
license after March 1, 2010, no person shall operate a taxicab and
no owner or registrant or dispatcher shall permit anyone to operate
a taxicab within the Village without such operator having first obtained
and paid for and having in force and effect a taxi operator's
license issued by the Westchester County Taxi and Limousine Commission.
Evidence of said license shall be conspicuously worn at all times
that the licensee is in charge of the taxicab.
(c)
Taxi license. No person shall operate a vehicle as a taxi within
the Village unless a taxi license has been duly issued for said vehicle
by the Village and said taxi license has neither expired nor been
revoked nor suspended.
[Ord. No. 1, § 3, 2-7-1927; L.L.
No. 10-1984; L.L.
No. 8-1986, §§ 1, 2; L.L. No. 4-1988, § 1; L.L. No. 4-2010, § 1]
(a)
For all licenses issued by the Village, each such license shall be
issued by the Mayor on application made to the Village Clerk showing,
in the case of a license for a vehicle, as to the condition and type
of such vehicle, and in the case of license for a driver, as to the
qualifications and character of such driver, and in the case of an
owner's license, as to the qualifications and financial responsibility
of such owner.
(b)
License terms.
(1)
Each taxicab license and each taxicab owner's license issued by the Village shall be effective at the semiannual rates set forth in § 22-24 for the six-month periods of January 1 through June 30 and July 1 through December 31 of each year. Applicants applying at any time during the year will pay the full semiannual rate for the portion of the six-month period remaining, and all licenses will expire on June 30 and December 31.
(2)
Each taxicab driver's license issued by the Village shall be effective at the yearly rates set forth in § 22-24 for the period January 1 through December 31 of each year. Applicants applying at any time during the year will pay the full yearly rate for the portion of the year remaining, and all yearly licenses will expire on December 31.
(3)
Each taxicab driver's license issued by the Westchester
County Taxi and Limousine Commission shall be effective pursuant to
the rules and regulations issued by the Westchester County Taxi and
Limousine Commission.
(c)
Prior to the issuance or renewal of a taxi license for a vehicle,
the owner of the vehicle shall provide evidence that bodily injury
liability insurance and property damage liability insurance in at
least the amounts of coverage required pursuant to the Vehicle and
Traffic Law of the State of New York is in effect for such vehicle.
Such insurance shall be maintained and be effective during the term
of such taxi license. Each such insurance policy shall provide that
the Village of Tuckahoe shall receive at least 10 days' notice
prior to the termination or cancellation of such policy. In the event
that such policy is terminated or cancelled, the taxi license of such
vehicle shall be revoked.
[Ord. No. 1, § 4, 2-7-1927; L.L.
No. 5-1979; L.L.
No. 4-1988, § 5; L.L. No. 4-2010, § 1]
(a)
Taxi licenses. Upon original application for a taxi license and upon
each renewal thereof, the Chief of Police shall require a satisfactory
showing that the taxi to be licensed is in safe working condition.
The application for a taxi license shall contain a description of
the vehicle to be licensed, including name of the manufacturer, style
of the vehicle, number of passengers it will seat and the automobile
license number of such vehicle, the name of the owner, his age, place
of residence and information as to whether the applicant has ever
been convicted of any crime and, if so, the date of such conviction,
the nature of the crime and whether applicant's license as owner
or taxi driver has ever been revoked or suspended and the date and
reason of each such occurrence. The applicant's fingerprints
shall be taken by the Police Department and placed upon each original
application, but need not be so taken or placed upon renewal applications.
No taxi license shall be issued except to the possessor of a valid,
unexpired, unrevoked and unsuspended owner's license.
(b)
Taxi driver's licenses. The application for a taxi driver's
license shall contain such information as required by the Westchester
County Taxi and Limousine Commission application forms.
(c)
Taxi owner's license. An applicant for a taxi owner's license
shall make application thereof upon blanks prepared under the authority
of the Chief of Police, and an applicant shall furnish such proof
of his fitness as the Chief of Police shall require, and the applicant's
fingerprints shall be taken by the Police Department and placed upon
the original application, but need not be so taken for or placed upon
renewal applications.
(d)
Fingerprints of applicants for taxi owner's license to be provided,
investigated and report made; temporary licenses pending investigation.
Each applicant for a taxi owner's license shall file with his
application impressions of the fingers of his right and left hand.
Such impressions shall be placed on certain forms furnished by the
Police Department, at such place or places and under the supervision
of such police officer as may be designated for such purpose. Applications,
with photograph and fingerprint impressions attached, shall forthwith
be sent to the Chief of Police and no taxi owner's license shall
be issued under the provisions of this article until the receipt in
writing by the Chief of Police of a report showing the results of
the investigation and examination of the fingerprint impressions by
the Division of Criminal Justice Services of the State of New York;
provided, however, that pending such investigation, a temporary license
may be issued for a period not to exceed 20 days. No license shall
be issued to a person convicted of a felony.
(e)
Substitute vehicle for licensed vehicle. If a taxi owner desires
to substitute a vehicle for the one that has been licensed, he shall
make application on a form provided therefor by the Village and upon
the payment of an inspection fee of $25, payable by cash, check or
money order made to the order of the Village, at the time of the making
of the application. The vehicle may be substituted, provided that
there is furnished proof that the said vehicle has, within the 30
days last past, been inspected with respect to its equipment according
to the standards of the Vehicle and Traffic Law, without regard to
the time within which the state would ordinarily require the inspection
of said vehicle, and that the said vehicle has been duly certified
by the authorized inspection station to have the required equipment
and be in the required condition for the issuance of the state motor
vehicle registration for such vehicle.
[Ord. No. 1, § 5, 2-7-1927; L.L.
No. 4-2010, § 1]
For all licenses issued by the Village, the Mayor shall issue
licenses only to such persons as he shall deem fit and proper, but
any applicant who shall have been refused such license by the Mayor
may apply to the Board of Trustees therefor at a meeting thereof;
and the same may be granted or refused by the Board.
[Ord. No. 1, § 6, 2-7-1927; L.L.
No. 4-1988, § 4; L.L. No. 4-2010, § 1]
(a)
Every taxi license shall be issued only upon the condition that the
owner of said vehicle shall keep conspicuously posted the Village
of Tuckahoe or the Westchester County Taxi and Limousine Taxi drivers
identification so that it may be visible to the passengers in said
vehicle.
(b)
Taxi user's bill of rights. Each taxi owner shall display at
his or her taxi stand and in each taxicab, where it can be readily
seen by the riding public, and in a format approved by the Board of
Trustees, a copy of the following taxi user's bill of rights:
|
Taxi User's Bill of Rights
|
(1)
A passenger can have the exclusive use of any taxicab, except
that when a trip begins at a railroad station in the Village, group
riding is authorized and permitted.
(2)
For a group starting from one location and going to the same
destination within the Village, one passenger pays full fare, the
others pay $0.90 each.
(3)
It is illegal for taxi drivers to refuse an orderly fare.
(4)
A driver must produce identification on request.
(5)
Report violations to the Village of Tuckahoe Police Department:
(914) 961-4800.
[Ord. No. 1, § 7, 2-7-1927; Ord. of 8-5-1973; L.L.
No. 5-1977; L.L.
No. 7-1984; L.L.
No. 4-1988, § 8; L.L. No. 6-1989, §§ 1, 2; L.L. No. 4-1995, § 1; L.L. No. 4-2010, § 1]
(a)
Every person, firm or corporation engaged in such business shall
charge a rate of fare not to exceed the rates designated and approved
by the Board of Trustees by resolution adopted at a regularly scheduled
meeting of the Board of Trustees. A list of such approved rates shall
be maintained by the Village Clerk and Police Department and sent
by first-class mail to all licensed taxicab owners.
(b)
No fare shall be charged for children under five years of age when
accompanied by a person paying full fare.
(c)
A rate schedule listing the rates specified in this § 22-22 and all rates charged by the taxi company to carry passengers to locations outside of the Village boundaries shall be posted in all taxis and copies thereof shall be provided to passengers upon request. Such rate schedule shall also list rates applicable to the senior citizen Dial-a-Ride program. The form of such rate schedule shall be as approved by the Board of Trustees and shall not be changed or modified without the prior approval of the Board of Trustees. The Board of Trustees shall be provided with prior notice of all changes in rates charged by the taxi company to carry passengers to locations outside of the Village boundaries.
[Ord. No. 1, § 8, 2-7-1927; L.L.
No. 4-2010, § 1]
(a)
No taxi license shall be transferable. A taxi owner's license
shall be transferable, subject to the approval of the Mayor and on
proof of fitness of the transferee. The proposed transferor and proposed
transferee shall file an application for such transfer with the Chief
of Police upon blanks prepared by the Chief of Police, and the transferee
shall comply with all of the requirements for an original applicant
for such license.
(b)
Notwithstanding any other provision of this article, such license
shall not be transferable if it has been revoked or is suspended under
this article.
(c)
In the event of the death of the possessor of a taxi owner's
license, the executor or administrator of the decedent owner shall
be deemed the owner for all purposes, including the transfer of said
license for a period of six months from the date of such death. The
owner of a taxi owner's license may bequeath the same, subject
to approval of the transferee as hereinabove provided in this section.
[Ord. No. 1, § 9, 2-7-1927; L.L.
No. 10-1984; L.L.
No. 3-1986, § 2; L.L. No. 4-1988, § 6; L.L. No. 5-2007, § 1; L.L. No. 4-2010, § 1]
The following fees shall be collected by the Village Clerk for
each license issued, whether original or renewal:
[Ord. No. 1, § 10, 2-7-1927; L.L.
No. 4-2010, § 1]
Every holder of a taxi license and taxi driver's license
shall observe the following regulations:
(1)
No taxicab shall occupy any taxicab stand unless the driver thereof
is in attendance thereon, ready to accept and transport passengers.
(2)
No taxicab shall occupy any taxicab stand nor shall any passengers
be accepted for transport in any taxicab unless such taxicab is clean
and in safe working condition and unless the driver thereof is in
good health and sober.
(3)
No fares shall be solicited for any taxicab except from taxi stands
designated by the Board of Trustees or the Police Department under
the authority of the Board of Trustees.
(4)
Every taxi driver is required to be polite and courteous in his dealings
with the public and to accept passengers in the order they seek to
engage him without discrimination.
(5)
No fares shall be solicited or accepted for any taxicab in excess
of the number of passenger seats in said cab.
(6)
No taxicab shall be operated at any time by a person in an intoxicated
condition.
[Ord. No. 1, § 11, 2-7-1927]
No license shall be issued to any person who has been convicted
of a felony, in any state, or of any of the misdemeanors or offenses
specified in § 552 of the Code of Criminal Procedure[1] within 10 years prior to making application therefor.
[1]
Editor's Note: For current provisions, see Arts. 500,
510, 520 and 530 of the Criminal Procedure Law.
[Ord. No. 1, § 12, 2-7-1927; L.L.
No. 4-1989, §§ 1 — 3; L.L. No. 4-2010, § 1]
(a)
All taxicabs licensed under this article are required to be available
for public use on the arrival of afternoon and evening trains from
New York and especially in bad weather. Licensees must render reasonable
service in this respect.
(b)
All taxicabs licensed under this article are required to participate
in the Tuckahoe Senior Citizens' Dial-a-Ride Program, accept
dial-a-ride tickets as payment for taxi fares and comply with such
procedures and guidelines as may be established by the Village for
the Dial-a-Ride program.
[Ord. No. 1, § 13, 2-7-1927; L.L.
No. 4-2010, § 1]
(a)
Revocation. If the holder of any license shall be convicted of violating
any of the provisions of this article, or shall be convicted of a
felony, it shall be mandatory upon the Board of Trustees of the Village
to revoke any license held pursuant to this article, and said licensee
may never be eligible for a subsequent issue of any license granted
pursuant to this article.
(b)
The Board of Trustees may suspend any license issued under this article
pending a hearing as hereinafter provided.
(c)
The Board of Trustees may revoke any license issued under this article
in the event that said license shall not have been used for a continuous
period of 90 days, or for any violation of any provisions of this
article, or for any violation of any state or federal law or for the
making of a false statement knowing the same to be false, in any application
for a license under this article, upon notice to the licensee and
an opportunity to him to be heard, either by the Board of Trustees
or by any individual Trustees designated by the Board.
(d)
For any cause which would be grounds for the revocation of a license,
the Mayor or the Chief of Police may suspend such license until the
next meeting of the Board of Trustees following such suspension.
[Ord. No. 1, § 14, 2-7-1927; L.L.
No. 4-2010, § 1]
No person shall display or attempt to use any license which
has been suspended or cancelled or to wear or display any driver badge
which has been suspended or cancelled or for which he does not lawfully
hold a license.
[Ord. No. 1, § 15, 2-7-1927; L.L.
No. 4-2010, § 1]
In the absence of a determination by the Board reducing the
number of licenses, a licensee whose license has not been suspended
or revoked and has been in continuous service shall be entitled to
a removal thereof upon payment of the proper fees, unless he shall
be found not to be fit and proper for such, and in the case of a taxi
license, unless the Chief of Police finds the taxi not to be in safe
working condition.
[Ord. No. 1, § 16, 2-7-1927; L.L.
No. 4-2010, § 1]
The number of licenses to be issued and the location of taxi stands shall be determined by the Board of Trustees by resolution, but no reduction of the number of licenses shall serve to deny a renewal of a license to any existing licensee so long as he is otherwise eligible under § 22-30 hereof.
[Ord. No. 1, § 18, 2-7-1927; L.L.
No. 4-2010, § 1]
Any person violating any of the provisions of this article shall forfeit his license and shall, in addition, be liable to a penalty as prescribed in § 1-7 for each of said violations, and in addition thereto such violation shall constitute disorderly conduct and every person violating the same shall be a disorderly person.
[L.L. No. 4-1988, § 2; L.L.
No. 4-2010, § 1]
(a)
All vehicles belonging to the same taxi owner shall have the same
distinctive color scheme or combination of colors and striping.
(b)
The name and telephone number of the taxi owner shall be printed
on both the front doors of each taxicab in such a manner as shall
be prescribed by the Board of Trustees as part of the approved emblem.
The taxicab identification number issued for each taxicab by the Police
Department or the Board of Trustees shall be painted on the front
doors and the rear and front of each taxicab licensed hereunder. The
size and color of the name, telephone number and identification number
shall be between three and four inches in height and three and four
inches in width with a quarter-inch stroke in a color contrasting
with the portion of the taxicab upon which the number is painted,
so as to provide visible figures considering operating conditions
when the taxicabs are likely to be used.
(c)
The Board of Trustees shall grant to any taxi owner, upon proper
application therefor, the exclusive right to use one distinctive color
scheme and/or emblem as follows:
(1)
All vehicles belonging to the same taxi owner shall have the
same distinctive color scheme or combination of colors and striping.
(2)
One or more distinctive emblems or other identifying designs
to be displayed on all or part of the vehicles of such taxi owner.
Applications for approval must include color sketches of the proposed
color schemes and/or emblems or designs together with such other and
further information as the Board of Trustees may require.
(3)
The Board of Trustees may conduct a hearing for the purpose
of resolving any dispute as to the use of a color scheme where the
use of such color scheme tends to confuse the public as to the identity
of the vehicle being used or of the identity of the taxi owner or
where the use of such color scheme creates an unfair competition or
business practice.
(d)
Advertising limitations (external). Advertising material shall not
be displayed on the exterior of taxicabs, except that advertising
shall be permitted if the advertising is limited to a standard unlighted
plaque in back of the taxicab without any projections beyond the width
and the height of the body of the taxi and without any projection
beyond the rear bumper of the taxi and provided that there is no obstruction
of the driver's view or vehicular lights. The dimensions, placement
and construction of such advertising plaque must be approved by the
Board of Trustees.
(e)
Advertising limitations (internal). Internal advertising will be
permitted on the back of a driver's seat or on the inside of
the doors of the taxicab.
[L.L. No. 4-1988, § 3; L.L.
No. 4-2010, § 1]
Every holder of a taxi license while operating a taxicab shall:
(a)
Not refuse or neglect to convey any orderly person upon request in the Village unless previously engaged or unable or forbidden by the provisions of this Chapter 22.
(b)
Not carry any person other than the person first employing the taxicab
unless the person first employing the taxicab consents to the acceptance
of an additional passenger; provided, however, that when a trip commences
at a railroad station in the Village, group riding is permitted without
such consent.
(c)
Keep a written record in ink of all trips on a form approved by the
Board of Trustees. Entries on such forms shall be made as each trip
is completed; such records shall be retained by the owner for at least
three years.
(d)
Be required to be neat and clean in dress and appearance, at all
times, when on duty and comply with any dress code that may be promulgated
by the Board of Trustees.
(e)
Upon request of a passenger, issue a receipt for fares paid by the
passenger; and, if the Board of Trustees has prescribed a particular
form of receipt, he shall use that particular form, identifying the
taxicab owner, taxicab identification number, date of trip and amount
paid, and be signed by the driver.
(f)
Not permit any passenger in a taxicab, except a paying fare passenger,
during such time as the taxi is being used for business purposes or
is being made available for the carrying of paying passengers.
(g)
Identify himself/herself and employer while on duty, to any passenger
or police officer on request.
[L.L. No. 4-1988, § 7; L.L.
No. 4-2010, § 1]
(a)
Only taxis in service and which display valid taxicab licenses shall
be permitted to park, stand or stop in areas that have been designated
by the Village as taxicab stands.
(b)
The Police Department or the Board of Trustees shall assign identifying
signs to the taxicab stands and shall designate which taxicabs may
operate from such stands. Only the taxicab designated for a taxicab
stand may operate from such stand. The failure of a taxi owner to
maintain service by a designated taxi at a designated taxi stand shall
be cause for the revocation of a taxi license.
