[HISTORY: Adopted by the Common Council of
the City of Oswego 5-12-1980 as Ch. 102 of the 1980 Code; amended
in its entirety 1-28-2013 by L.L. No. 1-2013. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 257.
Unless otherwise expressly stated, whenever used in this chapter
the following words shall have the meaning given to them by this section:
Any person owning or having control of the use of one or
more taxicabs used for hire upon the streets of the City of Oswego
or engaged in the business of operating a taxicab or which is at any
time used to carry passengers for hire.
One or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock companies, societies and all
other entities of any kind capable of being sued.
Any street, alley, avenue, court, bridge, lane or public
place in the City of Oswego.
Any motor vehicle engaged in the business of or at any time
used to carry persons for hire, whether the same is operated from
a street stand or subject to calls from a garage or otherwise operated
for hire, except vehicles subject to the provisions of the Transportation
Corporation Law.
Any person who drives a taxicab, whether such person is the
owner of such taxicab or employed by a taxicab owner or operator.
Permission granted by the City of Oswego to any person to
operate or keep for hire any taxicab in such City.
The owner of any taxicab or taxicabs for which a taxicab
license has been issued hereunder.
Any place alongside the curb of a street or elsewhere which
is exclusively reserved by the Traffic Control Maintenance Supervisor
for the use of taxicabs.
Permission granted by the City of Oswego to any person to
drive upon the streets of such City any licensed taxicab.
It shall be unlawful for any person to drive, operate or keep
for hire or pay within the limits of the City of Oswego any taxicab
without first having obtained and paid for a license to drive or a
license for operating or keeping for pay or hire, or both, and having
the same in force and effect, 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 of Oswego without
such driver having first obtained and paid for and having in force
and effect a driver's license under the provisions of this chapter.
Each applicant for a taxi driver's license must comply
with the following to the satisfaction of the Chief of Police:
A.
Must first have obtained a state chauffeur's license.
B.
Be of the age of 18 years or over.
C.
Be of sound physique, have good eyesight, and not be subject to epilepsy,
vertigo, heart trouble or any other infirmity of body or mind which
might render him/her unfit for the safe operation of a public vehicle.
D.
Be able to read and write the English language.
E.
Be clean in dress and person and not addicted to the use of intoxicating
liquor or drugs.
F.
Produce, on forms to be provided by the Chief of Police, affidavits
of good character from two reputable citizens of the City of Oswego
who have known him/her personally and have observed his/her conduct
for at least one year next preceding the date of his/her application;
and a further testimonial on a form provided for that purpose from
his/her employer, unless, in the opinion of the Chief of Police, sufficient
reason is given for its omission.
G.
Fill out, upon a blank form to be provided by the Chief of Police,
a statement giving his/her full name; residence; place of residence
for five years previous to moving to his/her present address; age;
height; color of eyes and hair; place of birth; length of time he/she
has resided in the City; whether a citizen of the United States; places
of previous employment; whether married or single; whether he/she
has ever been convicted of a felony or misdemeanor; whether he/she
has been summoned to court; whether he/she has been previously licensed
as a driver or chauffeur and, if so, whether his/her license has ever
been revoked, and for what cause, and the number of the chauffeur's
license issued by the state, which statement shall be signed and sworn
to by the applicant and filed with the Chief of Police as a permanent
record. Any false statements by the applicant for a taxi driver's
license shall be promptly reported by the Chief of Police and the
District Attorney of Oswego County. The Chief of Police is hereby
authorized and empowered to require such additional information as
he or she may deem necessary.
H.
Any new applicant for, or renewal of, a taxi driver's license must
submit to a background investigation conducted by the Oswego City
Police Department. Any person applying for a taxi driver's license
must submit their fingerprints and any applicable fees in the form
and manner as prescribed by New York State Division of Criminal Justice
Services. The Chief of Police and the City Clerk, or respective designees,
will be responsible for reviewing the criminal history record information
(CHRI) disseminated by DCIS; and if a prospective applicant has been
convicted of any of the criminal offenses specifically mentioned in
this chapter, any decision regarding such prospective applicant's
fitness for a license must be made upon consideration of New York
State Correction Law §§ 701-703-b and §§ 751-753.
Correction Law §§ 701-703-b provides for certificates
of relief from disability and certificates of good conduct and §§ 751-753
sets forth NY's public policy to encourage the licensure and employment
of persons previously convicted of one or more criminal offenses and
factors that should be considered in making hiring determinations.
An applicant may be denied a taxi driver's license on the basis of
his or her criminal record in accordance with the aforementioned state
and federal laws, and including but not limited to New York Human
Rights Law § 296 and New York Correction Law Article 23-A.
[Amended 4-14-2014 by L.L. No. 1-2014]
I.
Any new applicant for, or renewal of, a taxi driver's license
must submit a copy of his/her current New York State Department of
Motor Vehicles abstract of driving record.
J.
Be of good moral character.
[Added 11-28-2016 by L.L.
No. 6-2016]
(1)
"Good moral character" shall be the absence of involvement in the
following activities:
(a)
Being convicted of murder;
(b)
Being convicted of an aggravated felony or crime which includes:
[1]
Murder, rape or sexual abuse of a minor.
[2]
Illicit trafficking in controlled substances.
[3]
Firearms, destructive devices, and explosive materials offenses.
[4]
Money laundering.
[5]
Crimes of violence for which the term of imprisonment is at
least one year.
[6]
Theft and burglary offenses for which the term of imprisonment
is at least one year.
[7]
Crimes involving the demand or receipt of ransom.
[8]
Crimes involving child pornography.
[10]
A second or subsequent gambling offense for which a one-year
or greater term of imprisonment may be imposed.
[11]
Prostitution managing and transporting offenses.
[12]
Offenses involving fraud or deceit.
[13]
Being involved in prostitution.
(c)
Being a habitual drunkard.
(2)
In the event that the applicant has been involved in any of the criminal activities set forth in Subsection J(1) above, or other criminal activities affecting good moral character, a finding of lack of good moral character shall be based upon the guidelines set forth in the New York State Correction Law, Article 23-A, §§ 752 and 753.
A.
Upon satisfactory fulfillment of the foregoing requirements, the
City Clerk's office shall issue to the applicant a taxi driver's
license.
B.
Each license shall be stamped by the Seal of the City. All licenses
shall be numbered in the order in which they are issued and shall
contain the name and place of residence of the licensee and the dates
of issuance and expiration of the license.
C.
Any licensee who defaces, removes or obliterates any official entry
made upon his/her license shall be punished by the revocation of his/her
license.
D.
A taxi driver's license will expire on April 30, unless previously
suspended or revoked.
E.
No temporary permit shall be issued except when an extraordinary
public emergency arises affecting transportation of the public upon
the streets within the City. Such temporary permits, when issued,
shall be upon such terms and conditions as the Chief of Police shall
provide, but such temporary permit shall in no event be granted for
a longer period than 20 days and may be renewable for similar periods,
from time to time as may be necessary, only upon the written recommendation
of the Chief of Police made to the Common Council and approved by
it.
F.
Such license or permit shall be carried by the licensee at all times
when operating or in charge of any taxicab.
The City Clerk's office may renew a taxi driver's
license from year to year by appropriate endorsement of the Chief
of Police. A driver, in applying for a renewal of his/her license,
shall make such application not less than 30 days next preceding its
expiration, upon a form to be furnished by the Chief of Police entitled
"Application for Renewal of License," which shall be filled out with
the full name and address of the applicant, together with a statement
of the date upon which his/her original license was granted and the
number thereof and such other information as the Chief of Police may
deem necessary. The application must be approved by the Chief of Police.
[Amended 4-14-2014 by L.L. No. 1-2014]
The following license fees shall be paid for a taxi driver's
license or renewal thereof: $100. All fees are nonrefundable.
A taxi driver's license or permit may at any time be suspended
or revoked for cause after a hearing by the Chief of Police. Any such
suspension shall be noted on the license, together with a statement
of the reasons therefor. A second suspension for the same reason or,
in any case, a third suspension of a taxi driver's license shall
revoke the license. No taxi driver whose license or permit has been
revoked shall be again licensed as a taxicab driver in the City. The
Chief of Police shall notify the Police Department whenever such a
license or permit is suspended or revoked.
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 license.
It shall be unlawful for any person to operate or permit to
be operated a taxicab upon the streets of the City of Oswego without
first having obtained therefor a taxicab license under the provisions
of this chapter from the Chief of Police. Such license shall be valid
for one year, expiring on April 30, unless suspended or revoked. Application
for a taxicab license shall be made by the owner upon blank forms
furnished by the City Clerk's office. Such application shall
contain:
A.
The name, age and residence of the person applying for the license
and what, if any, previous experience he/she has had in such business.
B.
The name, age and residence of the person to be in immediate charge
of any such taxicab(s).
C.
The type of motor car to be used, the horsepower, the factory number,
the state license number, the number of years the vehicle has been
driven, and the seating capacity according to its trade rating.
D.
Whether previously licensed to operate a taxicab and, if so, where.
E.
Whether license to operate a taxicab has ever been revoked and, if
so, for what cause.
F.
A certificate of the State Commissioner of Motor Vehicles or other
evidence satisfactory to the Chief of Police that the applicant has
complied with the provisions of § 370 of the Vehicle and
Traffic Law of the State of New York.
G.
Such other information as the Chief of Police may deem necessary.
[Amended 11-28-2016 by L.L. No. 6-2016]
No vehicle shall be licensed until it has a valid New York State
inspection sticker.
It shall not be lawful for any person to operate a taxicab or
permit a taxicab to be operated within the City of Oswego unless and
until he/she fully complies with all the provisions and requirements
of § 370 of the Vehicle and Traffic Law of the State of
New York, nor shall any license hereunder be issued until or unless
an applicant therefor fully complies with the provisions and requirements
of said § 370. Upon noncompliance by any licensee hereunder
at any time with the provisions and requirements of said § 370,
the Chief of Police shall forthwith suspend or revoke the license
of such a licensee.
If, upon inspection, a taxicab is found to be of lawful construction
and in proper condition, in accordance with the provisions of this
chapter, and upon the approval of the application and bond and the
payment of the license fee hereinafter set forth, the same 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, together with the date of
inspection of the same 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. Such card shall be signed by the City
Clerk. The license number assigned hereunder shall in each case be
the same as that assigned to the vehicle for that year, pursuant to
law. Any licensee who defaces, obliterates or changes any official
entry made upon his/her license shall have his/her license revoked.
Should the state license number of a taxicab be changed during the
life of the taxicab license, such change and number shall be immediately
reported by the licensee to the Chief of Police and City Clerk.
[Amended 4-14-2014 by L.L. No. 1-2014; 11-28-2016 by L.L. No. 6-2016]
The license fee for each taxicab or renewal thereof shall be
$100. This license will not be transferable to any other vehicle.
All fees are nonrefundable.
The Chief of Police shall inspect or cause to be inspected all
taxicabs from time to time, as hereinbefore provided for, or on the
complaint of any citizen, as often as may be necessary.
Taxicab licenses may be revoked or suspended at any time for
cause after a hearing by the Chief of Police if the vehicle shall
be used for immoral or illegal business or purpose or for a violation
of any ordinance or state law governing the operation of motor vehicles.
When the license is suspended or revoked, the taxicab license hereinbefore
provided for shall be retained by the Chief of Police and shall be
returned only after the expiration of the suspension period.
The City Clerk shall keep a register of the name of each person
owning or operating a taxicab licensed under this chapter, together
with the license number and the description and make of such vehicle,
with the date and complete record of inspection made of it. Such record
shall be open to the inspection of the public at all reasonable times.
All public taxicab stands heretofore established are hereby
abolished. The Traffic Control Maintenance Supervisor is hereby authorized
to locate and designate taxicab stands. He/she shall further designate
the number of such taxicabs that shall be allowed to stand at any
of the places designated by him/her and shall provide a metal sign,
which shall be attached to a post or stanchion adjacent to such stand,
and on which sign shall be placed the number of vehicles allowed at
the particular stand.
Only taxicabs in such numbers as are set forth on the metal
sign may remain at the stand while waiting for employment.
A.
Prepayment. Every driver of a taxicab shall have the right to demand
payment of the legal fare in advance and may refuse employment unless
so prepaid, but no driver of a taxicab shall otherwise refuse or neglect
to convey any orderly person or persons upon request anywhere in the
City unless previously engaged or unable to do so.
B.
No driver of a licensed taxicab shall carry any person other than
the passenger or passengers first employing a taxicab, unless the
first passenger or passengers employing the taxicab consent.
[Amended 11-28-2016 by L.L. No. 6-2016]
No taxicab, while awaiting employment by passengers, shall stand
on any public street or place other than at or upon a taxicab stand
designated or established in accordance with this chapter. Cruising
or driving about the streets soliciting passengers is prohibited.
Following the established bus routes of the City of Oswego and picking
up passengers thereon is prohibited. It shall be the duty of all police
officers to notify the Chief of Police of any known violation of this
provision. Any driver or operator violating this section shall, after
a hearing before the Chief of Police or the Recorder of the City of
Oswego, be deprived of his/her license.
Every person to whom a license has been issued under the provisions
of this chapter shall, upon discontinuing or abandoning the operation
or driving of a taxicab, return such license to the City Clerk unless
such license has been lost or for other reason cannot be restored.
Such badge, plate, license and permit shall not be assigned or transferred
to any other person or be applicable to any other motor vehicle than
the one specified therein. Any licensee who permits his/her license
to be used by any other person, and any person who uses such license
granted or given to any other person, shall each be guilty of a violation
of this chapter. Whenever a license shall be lost, stolen or destroyed
without fault on the part of the holder, his/her agent or employees,
a duplicate in lieu thereof under the original application and bond
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
$10.
[Amended 4-14-2014 by L.L. No. 1-2014]
Every taxicab shall have "Licensed Taxicab No. __________",
and the name of the company, plainly painted in letters at least four
inches in height with at least one-fourth-inch stroke with proper
and distinct colors, on both sides of such taxicab, together with,
if such owner elects, the minimum and maximum rates of fare to be
charged per trip by such taxicab, but the same shall not be so arranged
as to lead to confusion in quickly identifying such taxicab. Also,
every taxicab shall have a nonblinking white or yellow top light on
the vehicle. The Chief of Police may, in his/her discretion, upon
the written application of a taxicab owner, by written order filed
in his/her office and with the Chief of Police, dispense with the
display of the foregoing data in the form herein prescribed and may
permit and authorize the display of same by some other means.
A.
Every holder of a taxicab license shall at all times keep the inside
of the cab operated by him/her in a clean and sanitary condition and
shall at least once each day thoroughly clean the inside of such taxicab.
B.
No owner or driver of a taxicab shall at any time so fasten or lock
the doors on a taxicab that it is impossible for a passenger to open
the same from the inside. Every owner shall provide means for unfastening
doors on taxicabs so that such doors may be readily opened on the
inside by a passenger.
C.
There shall be no smoking in any taxicab which is at the time being
used to carry passengers.
It shall be unlawful for any taxicab owner or operator or for
any taxicab driver to charge a fare for taxicab service of less than
$0.25 per trip. Every person owning and operating a taxicab or taxicabs
in the City of Oswego shall file, in the office of the Chief of Police
and in the office of the City Clerk, a schedule of rates in which
he/she shall set forth:
A.
The minimum rate per trip to be charged for taxicab service furnished
by him.
B.
To what point or points, place or places, zone or zones his/her scheduled
minimum rate shall apply.
C.
The rate or rates of fare to be charged per trip to any point or
points, place or places, zone or zones to which his/her scheduled
minimum rate of fare does not apply.
D.
The maximum number of passengers to be carried for the scheduled
rates of fare. Every such owner shall give notice of the filing of
his/her schedule of rates of fare and any alterations thereof as amendments
thereto by publication thereof once in the official City paper.
A.
Owners. Any owner or driver of a taxicab not licensed or equipped
in accordance with the provisions of this chapter or of a taxicab
the license of which has been suspended or revoked who engages in
the business of a taxicab, as defined herein, or attempts to engage
in such business or solicits passengers for hire shall, upon conviction,
be punished by a fine of not less than $150 and not more than $250
or imprisonment for 15 days, or by both such fine and imprisonment.
[Amended 11-28-2016 by L.L. No. 6-2016]
B.
Drivers. Any person not having been duly licensed as a taxicab driver
or any person whose license as such driver has been revoked or any
person whose license has been suspended, and who, during the term
of suspension, drives for hire a taxicab upon the streets, shall,
upon conviction, be punished by a fine of not less than $250 and not
more than $500 or imprisonment for 15 days, or by both such fine and
imprisonment.
[Amended 11-28-2016 by L.L. No. 6-2016]
C.
Any person who has been convicted of a violation of any provision
of this chapter for which no punishment has been specifically provided
shall, upon conviction, be punished by a fine of not less than $150
and not more than $500 or imprisonment for 15 days, or both such fine
and imprisonment.
[Amended 11-28-2016 by L.L. No. 6-2016]
D.
Suspension and revocation of license. In addition to the fine or
imprisonment, or both, authorized by this chapter, any licensee shall
be subject to the suspension or revocation of his/her license upon
conviction for any violation of this chapter. The Chief of Police
may, in his/her discretion, suspend or revoke a license granted under
any provision of this chapter, pending or in advance of the criminal
prosecution of the licensee.
This chapter shall become effective immediately upon filing
with the Secretary of State.
