[HISTORY: Adopted by the Town Board of the Town of East Hampton 6-17-2010 by L.L. No.
4-2010; amended in its entirety 4-18-2013 by L.L. No.
1-2013. Subsequent amendments noted where applicable.]
A.
The purpose of this chapter is to regulate the activities of taxicabs
and other vehicles for hire in the Town of East Hampton. History and
experience have shown that there is a need for investigation and review
of the conduct of taxicab drivers and vehicles for hire in order to
ensure the health, safety and welfare of residents and visitors within
the Town. Indeed, one of the Town Board's highest priorities
is to promote public safety, economic well-being, and highway safety
and usage within the community while preserving the character of the
community.
B.
The Town Board hereby declares that the transportation of persons
by motor vehicles available for hire in the Town of East Hampton is
a vital service which must be licensed and regulated in order to protect
the health, safety and welfare of individuals using such services
and the community as a whole.
C.
Thus, this chapter is intended to safeguard consumers against price
gouging, fraud and inferior services; to prevent unsafe driving conditions
on the public roads and highways of the Town; and to prohibit the
pickup of passengers by taxicabs not licensed to do so in the Town
of East Hampton.
D.
Because a variety of administrative costs will be incurred in connection
with the issuance and recording of licenses, as yet undetermined in
the regulation and enforcement of such licenses, the Board seeks to
set all fees within this chapter by Town Board resolution. In doing
so, the Board is able to better facilitate any necessary changes that
may be required in the future.
E.
Town Law §§ 136 and 137, General Municipal Law § 181
and Municipal Home Rule Law § 10 provide authorization for
this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any single act of transporting a passenger or passengers
in a motor vehicle for hire or for compensation of any kind upon the
public streets, roads and highways within the Town of East Hampton.
Any motor vehicle engaged in transportation for hire when,
at the prior request of the passenger(s), a vehicle is used and pickup
is made by prior arrangement or dispatch, whether hired by the hour,
by the day or for a fixed fare, and/or so licensed by the New York
State Department of Motor Vehicles.
The owner, registered with the New York State Department
of Motor Vehicles, of a motor vehicle used as a taxicab or otherwise
engaged in the business of transportation for hire within the confines
of the Town of East Hampton, and/or a purchaser under a conditional
sales contract, a reserve title contract, a vendor's lien agreement,
or a similar agreement, who is entitled to obtain in his or her own
name proper New York State registration of a motor vehicle used as
a taxicab or otherwise engaged in the business of transportation for
hire within the confines of the Town of East Hampton and/or a person,
as that term is defined herein, who is a business owner, principal,
director and/or officer of a business, and/or a person owning or controlling
one or more taxicabs operated or driven for compensation.
Includes any person other than the operator/driver who is
an occupant of a taxicab upon the public streets, roads and highways
of the Town of East Hampton.
Any natural person, corporation, partnership, form of business
entity and any other form of organization. For the purposes of this
chapter, upon a change in the identity of the owner of 20%, or more,
of the outstanding shares of a corporation or partnership, such corporation
or partnership shall be deemed to be a new and different "person."
Any street, avenue, bridge, highway, public way or public
place within the confines of the Town of East Hampton.
Any motor vehicle engaged in the business of transporting
persons for hire, except:
Private vehicles not engaged in the business of transportation
for hire;
Vehicles subject to the provisions of the Public Service Law
or Transportation Corporations Law;
Vehicles under an express written contract to provide transportation
for weddings, funerals, or similar functions;
Vehicles engaged in the transportation of hotel guests and employees
only;
Vehicles for hire engaged in transportation from a point within
the Town to a point outside the Town, or from a point outside the
Town to a point within the Town, or from a point outside the Town,
through the Town, and to a point beyond the Town;
Club vehicles engaged in the transportation of club members
only; and
Vehicles for hire engaged in transportation upon a defined route
under a franchise agreement therefor from the Town of East Hampton
during specified hours of operation.
A TNC Vehicle as defined under Article 44-B of the New York
State Vehicle and Traffic Law.
[Added 6-15-2017 by L.L.
No. 19-2017]
As defined under Article 44-B of the New York State Vehicle
and Traffic Law. A transportation network company licensed pursuant
to New York State Vehicle and Traffic Law Article 44-B operating in
New York State exclusively using a digital network to connect transportation
network company passengers to transportation network company drivers
who provide transportation network company prearranged trips.
[Added 6-15-2017 by L.L.
No. 19-2017]
As defined under Article 44-B of the New York State Vehicle
and Traffic Law. An individual permitted by a TNC to use a TNC vehicle
to offer or provide a TNC prearranged trip to TNC passengers upon
connection through a digital network controlled by a TNC in exchange
for compensation or payment of a fee, as authorized under Article
44-B of the New York State Vehicle and Traffic Law. May not solicit
or accept street hails. May not accept cash payments from passengers.
[Added 6-15-2017 by L.L.
No. 19-2017]
As defined under Article 44-B of the New York State Vehicle
and Traffic Law. A person or persons who use a TNC's digital
network to connect with a TNC driver who provides TNC prearranged
trips to the passenger in the TNC vehicle between points chosen by
the passenger.
[Added 6-15-2017 by L.L.
No. 19-2017]
As defined under Article 44-B of the New York State Vehicle
and Traffic Law. Provisions of transportation by a TNC driver to a
passenger provided through the use of a TNC's digital network.
Does not include the use of a taxicab as defined above. Does not include
street hails.
[Added 6-15-2017 by L.L.
No. 19-2017]
As defined under Article 44-B of the New York State Vehicle
and Traffic Law. A vehicle that is used by a TNC driver to provide
a TNC prearranged trip as authorized by Article 44-B of the New York
State Vehicle and Traffic Law. Does not include a taxicab as defined
above.
[Added 6-15-2017 by L.L.
No. 19-2017]
[Amended 5-15-2014 by L.L. No. 8-2014; 12-17-2016 by L.L. No. 52-2016[1]; 6-15-2017 by L.L.
No. 19-2017]
It shall be unlawful for any person to engage in the business
of transporting people for hire by taxicab, from point to point within
the confines of the Town of East Hampton, without having first obtained
a license to conduct such business from the Town Clerk. It shall be
unlawful for any person to engage in the business of transporting
people as a TNC from point to point within the confines of the Town
of East Hampton, unless fully compliant with the provisions of New
York State Vehicle and Traffic Law Article 44-B.
A.
Application.
(1)
To obtain a business license required by this section, or any renewal
thereof, a verified application shall be made to the Town Clerk, upon
a form to be furnished by the Town Clerk, which application shall
set forth the following information:
(a)
The name and resident address of the applicant and, if applicant
is not a natural person, the names and resident addresses of all officers,
partners, directors and stockholders (if there are any and that they
number 10 or less) of the applicant, social security number(s), business
federal identification number, and certificate of incorporation.
(b)
The business address of the applicant.
(d)
A list of employees who will be operating a taxicab for the
business within the confines of the Town of East Hampton.
(e)
Any additional information the Town Clerk shall deem necessary
for the purpose of administering the provisions of this chapter or
to assist in determining the applicant's fitness to engage in
the business of transportation for hire.
(2)
Fingerprints. When the business license application form has been
completed, the applicant and, if the applicant is not a natural person,
all officers, partners, directors and stockholders (if there are any
and if they number 10 or fewer) of the applicant shall submit to being
electronically fingerprinted at a fingerprinting service center approved
by the Town. Unless specifically waived by the Town Clerk upon a showing
of facts which, in the discretion of the Town Clerk, warrant the waiving
of said requirement, the applicant shall arrange for an appointment
with the Department of Public Safety for appropriate fingerprinting,
and such fingerprints shall thereafter be transmitted to the New York
State Division of Criminal Justice Services in the form and manner
as prescribed by the New York State Division of Criminal Justice Services
for a full search of its criminal history records. In connection with
such fingerprinting requirement:
(a)
The application shall be accompanied by an appropriate fee,
to be forwarded to the New York State Division of Criminal Justice
Services in the form and manner as prescribed by the New York State
Division of Criminal Justice Services, which amount shall be in addition
to the processing fees stated herein, for such criminal history record
check of the applicant as is deemed necessary or advisable for the
protection of the public good and welfare. The applicant shall be
responsible for all fees associated with the fingerprinting.
(b)
The New York State Division of Criminal Justice Services will
return such criminal history record information as may exist in its
files or a statement that no such relevant information exists, such
record to be filed with the Town Attorney. The Town Attorney shall
review any information disseminated by the Division of Criminal Justice
Services and must keep the same confidential and shall only disclose
to the Chief of Police (or his designee) or the Town Clerk (or her
designee), whether or not he/she may "approve" or "disapprove" the
application, but may not share the actual results of the background
check. Any secondary dissemination of criminal history record information
is prohibited by New York State Law.
(c)
There is no requirement for new fingerprints for each renewal period, unless the license issued under the provisions of this chapter has lapsed for a period of time in excess of one year, or there has been a change in the ownership, officers, partners, directors or stockholders, and in such case only individuals who have not yet been fingerprinted must comply with the provisions of § 226-3A(2). Any changes to the criminal history of an applicant (individual, officer, partner, director or stockholder) since the original application must be disclosed in writing at the time of renewal.
(d)
If the application discloses that the applicant has been convicted
of a felony, misdemeanor, or other criminal offense, the standards
enumerated in §§ 701 to 703-b and §§ 751
to 753 of the New York State Correction Law shall be applied in considering
the issuance or denial of a license.
B.
Form. A business license shall state the name and address of the
licensee.
C.
Fee and term. The Town Board shall, by resolution, adopt a schedule of license fees as shall be necessary, pursuant to this chapter, and the annual renewal thereof. Such fees shall be collected by the Town Clerk and shall be the fees required under the chapter until the same shall be amended or modified or repealed by a subsequent resolution of the Town Board. No license fee shall be prorated except as provided for in § 226-17C.
D.
Posting and business office. A business license shall be conspicuously posted, in full public view, in the main office of the licensee. Each applicant for a business license shall maintain a physical business office within the Town of East Hampton. A taxi office shall obtain all required use permits as described in Chapter 255, Zoning, and shall obtain a proper certificate of occupancy for any premises prior to issuance of a business license. The proper certificate of occupancy shall be presented to the Town Clerk as part of the application to obtain a business license.
E.
Renewal. Application for the renewal of a business license shall be filed no later than 30 days prior to the expiration of the current business license issued pursuant to this chapter. The application shall be verified and shall set forth the information listed in § 226-3A of this chapter. Forms for the renewal application shall be supplied by the Town Clerk and shall be requested by the licensee, in writing.
F.
Any business licensed under this section that no longer wishes to
operate as such, or is no longer in compliance with all the provisions
of this chapter, must return the issued business license to the Town
Clerk within 72 hours, and failure to do so will be a violation of
this chapter. A voluntary surrender will not bar such business from
reapplication.
[1]
Editor's Note: This local law also redesignated former
Subsection A(1)(d) as Subsection A(1)(e).
[Amended 5-15-2014 by L.L. No. 8-2014; 12-17-2016 by L.L. No. 52-2016; 6-15-2017 by L.L. No. 19-2017]
It shall be unlawful for any person to operate or permit to
be operated a taxicab, from point to point within the confines of
the Town of East Hampton, without having first obtained therefor a
taxicab license from the Town Clerk. All taxicabs licensed by the
Town of East Hampton shall have livery, TLC, T- or taxicab license
plates as issued by the New York State Department of Motor Vehicles.
It shall be unlawful for any person to operate a TNC vehicle, from
point to point within the confines of the Town of East Hampton, unless
fully compliant with the provisions of New York State Vehicle and
Traffic Law Article 44-B.
A.
Application. To obtain a taxicab license as required by this section,
or any renewal thereof, a verified application shall be made to the
Town Clerk, which application shall set forth the following information:
(1)
The name and resident address of the applicant and the registered
owner of the vehicle. Taxicabs and vehicles for hire must be registered
in the same name as the business license.
(2)
The business address from which the taxicab will be used and the
business license under which it will be used.
(3)
The make, model, year, seating capacity, mileage, vehicle identification
number and the license plate number.
(4)
If the vehicle has been previously used as a taxicab and where.
(5)
Any additional information the Town Clerk shall deem necessary for
the purpose of administering the provisions of this chapter or to
assist in determining the applicant's fitness to engage in the
business of transportation for hire.
B.
Form. The taxicab license shall state the name and address of the
registered owner; if the vehicle is held under a conditional sales
contract, a reserve title contract, a vendor's lien agreement
or under a similar sales agreement, the taxicab license shall state
the name and address of the person entitled to obtain proper New York
State registration for the vehicle in his or her own name. The taxicab
license for all vehicles shall also state the seating capacity; the
year, make and model; the license plate number; and the business license
number under which the taxicab is being operated.
C.
Fee and term. The license fee for each motor vehicle licensed pursuant
to this section, and any renewal thereof, shall be nonrefundable and
in an amount set by the Town Board. No license fee shall be prorated.
D.
Posting. The taxicab license shall be conspicuously posted and securely
fastened on the interior of such vehicle in such a manner as to be
readily visible to a passenger in the rear seat.
E.
Identification sticker.
(1)
When issuing a taxicab license, the Town Clerk shall also deliver
to the licensee two stickers bearing the taxicab license number, the
vehicle license plate number and the expiration date of the taxicab
license. Each such sticker must be securely affixed to the left rear
windshield of the vehicle and to the upper right of the front windshield.
The stickers are to remain there and shall be kept clearly visible
at all times.
(2)
Should this sticker become lost, stolen or destroyed through no fault
of the licensee, the Town Clerk shall issue a duplicate sticker at
a fee as set by the Town Board.
(3)
Identification stickers issued pursuant to this section are the property of the Town of East Hampton, and must be removed and returned to the Town Clerk within 72 hours upon expiration, upon sale of the vehicle, or in the event the vehicle is no longer in compliance with any and all of the provisions of Chapter 226.
F.
Renewal. Application for the renewal of a taxicab license shall be filed no later than 30 days prior to the expiration of the current taxicab license issued pursuant to this chapter. The application shall be verified and shall set forth the information listed in § 226-4A of this chapter. Forms for the renewal applications shall be supplied by the Town Clerk.
[Amended 5-15-2014 by L.L. No. 8-2014; 12-17-2016 by L.L. No. 52-2016[1]; 6-15-2017 by L.L.
No. 19-2017]
It shall be unlawful for any person to drive or operate or,
as an owner, to allow any person to drive or operate a taxicab or
other motor vehicle engaged in transportation of persons, for hire,
from point to point within the confines of the Town of East Hampton,
without having first obtained a taxicab driver's license to drive
or operate such a taxicab from the Town Clerk. It shall be unlawful
for any person to operate as a TNC driver, from point to point within
the confines of the Town of East Hampton, unless fully compliant with
the provisions of New York State Vehicle and Traffic Law Article 44-B.
A.
Application. To obtain a taxicab driver's license required by
this section, or any renewal thereof, a verified application shall
be made to the Town Clerk, upon a form to be furnished by the Town
Clerk, which application shall set forth the following information:
(1)
The name and resident address of the applicant.
(2)
Any other names ever used by the applicant.
(3)
The applicant's place of residence for the past five-year period.
(4)
The applicant's age, date of birth, color, height, weight, color
of eyes, color of hair, place of birth and citizenship.
(5)
Whether or not the applicant has ever been convicted of a crime and,
if so, the details of such conviction. Any conviction for a felony
or any conviction for a violation of § 1192 or § 1212
the Vehicle and Traffic Law or a conviction under Article 120, 125,
130, 135, 155 or 160 of the New York State Penal Law may act as a
bar to the granting of a taxicab driver's license. If the application
discloses that the applicant has been convicted of a felony, misdemeanor,
or other criminal offense, the standards enumerated in §§ 701
to 703-b and §§ 751 to 753 of the New York State Correction
Law shall be applied in considering the issuance or denial of a license.
(6)
Whether or not the applicant has ever had an "indicated" report of
suspected child abuse or maltreatment or has ever had a finding by
the Family Court of the State of New York of an act of child neglect
or abuse as defined by Family Court Act, Article 10, or such similar
laws as exist in any state or country.
(7)
The applicant's chauffeur's license classification and
license number.
(8)
Whether or not the applicant has been previously licensed in such
occupation and, if so, the details of where, when and for what period;
and, if such license was ever suspended or revoked, the reason therefor
and the date thereof.
(9)
Whether the applicant is a registered Level 2 or Level 3 sex offender,
as recorded on the Division of Criminal Justice Services Subdirectory
maintained pursuant to the Sex Offender Registration Act (New York
State Correction Law Article 6-C), or if the applicant has ever been
the focus of an "indicated" report to the New York State Central Register
of Child Abuse and Maltreatment or has been found to have neglected
or abused a child as defined by New York State Family Court Act Article
10.
(10)
Provide the name of the licensed taxicab business or businesses
employing him/her to operate a taxicab within the confines of the
Town of East Hampton.
(11)
Any additional information the Town Clerk shall deem necessary
for the purpose of administering the provisions of this chapter or
to assist in determining the applicant's fitness to engage in
the business of transportation for hire.
B.
Taxicab driver's photographs and fingerprints.
(1)
All license applications shall be accompanied by two unmounted, unretouched
photographs of the applicant, showing head and shoulders, taken within
30 days of the date of the application. Said photographs shall be
two inches by two inches in size.
(2)
Fingerprints. Unless specifically waived by the Town Clerk upon a
showing of facts which, in the discretion of the Town Clerk, warrant
the waiving of said requirement, the applicant shall arrange for an
appointment with the Department of Public Safety for appropriate fingerprinting,
and such fingerprints shall thereafter be transmitted to the New York
State Division of Criminal Justice Services in the form and manner
as prescribed by the New York State Division of Criminal Justice Services
for a full search of its criminal history records. In connection with
such fingerprinting requirement:
(a)
The application shall be accompanied by an appropriate fee to
be forwarded to the New York State Division of Criminal Justice Services
in the form and manner as prescribed by the New York State Division
of Criminal Justice Services, which amount shall be in addition to
the processing fees stated herein, for such criminal history record
check of the applicant as is deemed necessary or advisable for the
protection of the public good and welfare. The applicant shall be
responsible for all fees associated with the fingerprinting.
(b)
The New York State Division of Criminal Justice Services will
return such criminal history record information as may exist in its
files or a statement that no such relevant information exists, such
record to be filed with the Town Attorney. The Town Attorney shall
review any information disseminated by the Division of Criminal Justice
Services and must keep the same confidential and shall only disclose
to the Chief of Police (or his designee), or the Town Clerk (or her
designee), whether or not he/she may "approve" or "disapprove" the
application, but may not share the actual results of the background
check. Any secondary dissemination of criminal history record information
is prohibited by New York State law.
(c)
The Town Clerk may waive the requirement for new fingerprints
for each renewal period, unless the license issued under the provisions
of this chapter has lapsed for a period of time in excess of one year.
(d)
If the application discloses that the applicant has been convicted
of a felony, misdemeanor, or other criminal offense, the standards
enumerated in §§ 701 to 703-b and §§ 751
to 753 of the New York State Correction Law shall be applied in considering
the issuance or denial of a license.
C.
Form. The taxicab driver's license shall contain the name, address,
date of birth, signature and photograph of the licensee. It shall
state the dates of issuance and expiration of the license.
D.
Fee and term. The license fee for each taxicab driver's license
issued under this section shall be in an amount set by the Town Board.
No license fee shall be prorated.
E.
Posting. The taxicab driver's license issued by the Town Clerk
shall be conspicuously posted and securely fastened on the visor on
the driver's side of the taxicab. Such license must be clearly
visible from all passenger areas of the vehicle regardless of whether
or not a passenger is currently in the vehicle.
F.
Renewal. Application for the renewal of a driver's license shall be filed no later than 30 days prior to the expiration of the driver's license issued pursuant to this chapter. The application shall be verified on a form furnished by the Town Clerk and shall contain the information required by § 226-5A and all its subsections. The licensee shall request these renewal forms from the Town Clerk, in writing. Upon annual renewal, the licensee shall execute a written affidavit, sworn to under oath, before an officer empowered to administer such oath, that the licensee has not been charged with, nor convicted of, any crime. Upon the licensee's disclosure of such charge or conviction, the Town Clerk shall have the discretion to issue, renew or not. The affidavit to be executed by the licensee shall be preceded by a written warning that knowingly making a false sworn statement constitutes the separate crime of perjury and that the discovery of any false statement will result in the immediate revocation of the license. All licensees are required to notify the Town Clerk within 24 hours of their being charged with or convicted of a crime, or found to have committed an act of child neglect or abuse as defined by Family Court Act Article 10, or such similar laws as exist in any state or country. Upon learning that a licensee has been charged with, or convicted of, a crime, or found to have committed an act of child neglect or abuse as defined by Family Court Act Article 10, or such similar laws as exist in any state or country, the Town Clerk shall have the discretionary power to suspend or revoke the subject license.
[1]
Editor's Note: This local law also redesignated former
Subsection A(10) as Subsection A(11).
A.
Notice and right to appeal. The Town Clerk shall notify an applicant
of a disapproval of an application, in writing, and shall include
a statement that the applicant may request an appeal hearing before
the designated review board, by filing a written request with the
Town Clerk. Service of such notice shall be made personally or by
certified mail to the address set forth in the application. The Town
Clerk shall give the appealing party at least five days' written
notice of the time and place of such hearing.
B.
Hearing. At the time and place set for the hearing upon the appeal
from the determination of the Town Clerk, the designated review board
shall give the appealing party and any other interested party a reasonable
opportunity to be heard in order to show cause why the determination
of the Town Clerk should not be upheld. The decision of the designated
review board shall be in writing, shall specify the ground or grounds
upon which the decision is based and shall be final and conclusive,
subject to review only by a court of competent jurisdiction.
A.
Suspensions. The designated review board shall suspend any license
and set the time and place for a revocation hearing, as prescribed
in this chapter, under the following circumstances:
(1)
Noncompliance: any violation of the provisions of this chapter or
any reason for which the original application could have been disapproved,
as set forth above.
(2)
Criminality: conviction of any felony or misdemeanor that, in the
judgment of the designated review board, renders the license holder
unfit or undesirable under the standards of Article 23-A of the Correction
Law of the State of New York.
(3)
Fraud, misrepresentation or false statements contained in the license
application or made in the course of conducting transportation for
hire.
(4)
Improper conduct: conducting transportation for hire in an unlawful
manner or in such a way as to constitute a breach of the peace or
to constitute a menace to the health, safety or general welfare of
the public.
(5)
Improper postings: more than three convictions for failure to post
any and all identification devices and placards, as required by this
chapter, within the one year prior to the time of such suspension.
B.
Revocation. The designated review board shall have the power to revoke
any license issued under this chapter if it determines, after a public
hearing, that the holder is undesirable or incapable of properly conducting
transportation for hire or that the vehicle is undesirable or incapable
of properly transporting passengers for hire.
C.
Notice. If the designated review board determines to hold such a
hearing, it shall notify the holder that a hearing will be held to
determine whether his or her license should be suspended or revoked.
Such notice shall specify the time and place of the hearing and the
ground or grounds for suspension or revocation which will be the subject
of the hearing. Such notice shall be in writing, shall be served at
least five days prior to the hearing and shall be served personally
or sent by certified mail, return receipt requested, addressed to
the address set forth in the application.
D.
At the time and place set for the hearing, the designated review
board shall give the holder and any other interested party a reasonable
opportunity to be heard.
E.
If the designated review board determines that the license should
be suspended or revoked, the designated review board shall notify
the holder of the decision. Such notice shall be served personally
or sent by certified mail, return receipt requested, to the address
set forth in the application. The license holder shall immediately
surrender said license to the Town Clerk.
F.
The decision of the designated review board shall be in writing,
shall specify the ground or grounds upon which the decision shall
be based and shall be final and conclusive, subject to review only
by a court of competent jurisdiction.
G.
It shall be unlawful for any person to refuse to surrender a license
issued pursuant to this chapter to the Town Clerk upon demand after
the license has been suspended, revoked or expired.
H.
Reapplication. A person whose license has been revoked shall not
be permitted to reapply for a period of at least one year from the
date of revocation.
A.
Waivers of disapproval or suspension. A vehicle license that has
been disapproved or suspended due to use of said vehicle in the commission
of a crime, as prescribed in this chapter, may be approved or reinstated
with the filing of a request for a waiver from the Town Clerk, after
a determination by the Town Clerk, with advice of the appropriate
police department, that said vehicle's involvement in the crime
was not the liability of the business and/or vehicle owner.
B.
Certificate of relief from civil disabilities. Anyone convicted of
a crime described hereinabove who has received a certificate of relief
from civil disabilities regarding said conviction, issued by a court
of competent jurisdiction, will not be subject to disapproval, suspension
or revocation based on said conviction after a review and determination
by the Town Clerk that the crime would not endanger the health, safety
and welfare of the residents of the Town of East Hampton.
[Amended 5-15-2014 by L.L. No. 8-2014; 12-17-2016 by L.L. No. 52-2016]
It shall be the duty of taxicab drivers subject to the provisions
of this chapter to do, and it shall be a violation of this chapter
for failing to comply with, the following:
A.
Keep the interior and exterior of his or her taxicab clean at all
times.
B.
Transport all orderly persons upon request, unless already under
hire.
C.
Inform the Town Clerk, in writing, of any change in address within
72 hours.
D.
Thoroughly search his or her taxicab for lost or misplaced items
after the discharge of each fare and surrender all items found to
the taxicab business office.
E.
Inform the Town Clerk, in writing, within 24 hours of the loss or
theft of his or her driver's license.
F.
Not allow the engine to idle for more than five minutes when the
taxicab is not in motion.
G.
Not transport persons without payment of a fare, except the owner
of the taxicab or a fellow employee.
H.
Not transport a greater number of persons than the rated capacity
of the taxicab as listed on the license or allow a greater number
of persons than the rated capacity of the taxicab as listed on the
license enter the cab.
I.
Maintain a written record of all trips, showing the time and place
each passenger engaged the taxicab or vehicle for hire and the time
and place each passenger left the taxicab or vehicle for hire, as
well as the fare charged. The driver shall deliver a copy of this
record to the taxicab or vehicle for hire owner. This record shall
be retained by the driver for a period of one month and by the owner
for a period of one year.
J.
Not conduct himself or herself in any manner or way that is either
dangerous or offensive to the general public.
K.
Not lease, assign, or otherwise transfer his or her taxicab license, nor enter into an arrangement with a taxicab business (licensed under § 226-3) whereby the taxicab business provides a taxicab license (pursuant to § 226-4) to the driver for compensation. The transfer of ownership of a vehicle from a driver to the business that employs such driver shall be presumptive evidence of a prohibited arrangement.
L.
Maintain the taxicab in the same condition as existed when the original
application for the taxicab license was obtained, including, but not
limited to, maintaining the same livery, TLC, T- or taxicab license
plates as issued by the New York State Department of Motor Vehicles.
A.
It shall be the duty of every owner of a taxicab subject to the provisions
of this chapter to do, and it shall be a violation of this chapter
for failing to comply with, the following:
[Amended 5-15-2014 by L.L. No. 8-2014; 12-17-2016 by L.L. No. 52-2016]
(1)
Inspect and repair all damage or malfunction to or in the taxicab
each week. All said repairs and maintenance to the taxicab shall not
be made while the vehicle is on the public street, public way or public
place.
(2)
Not allow the taxicab to be used in business if not in proper working
condition.
(3)
Equip and maintain each taxicab with:
(a)
All-season tires or snow tires when there is snow or ice on
the streets.
(b)
Interior lights, under the control of the driver, which shall
fully illuminate the passenger area when a passenger is boarding or
alighting from the vehicle.
(c)
Vehicle identification. The exact name and telephone number
of the business license under which the taxicab is being operated,
and the car or vehicle number, shall be conspicuously lettered on
each longitudinal side of the exterior of the vehicle in letters at
least five inches in height.
(4)
Not allow any unlicensed taxicab driver or other unauthorized person to operate the taxicab, and not lease, assign, or otherwise transfer his or her taxicab license nor enter into an arrangement with a taxicab driver (licensed under § 226-5) whereby the taxicab business provides a taxicab license (pursuant to § 226-4) to the driver for compensation. The transfer of ownership of a vehicle from a driver to the business that employs such driver shall be presumptive evidence of a prohibited arrangement.
(5)
Maintain the driver's fare record, which has been delivered
to the owner, for a period of one year. If the driver fails to deliver
the fare record to the owner, the owner shall request the record from
the driver and, if still not delivered, shall inform the Town Clerk
of the driver's failure to provide the fare record. The owner
shall make such record available to the Town Clerk (or her designee)
immediately upon demand.
(6)
Report to the Town Clerk the loss or the theft of the taxicab license,
in writing, within 24 hours.
(7)
Conspicuously and securely post and maintain a fare schedule within
the taxicab and forward a copy thereof to the Town Clerk.
(8)
Maintain a physical business office within the Town of East Hampton with a proper certificate of occupancy for the taxicab business office required by § 226-3D.
(9)
Ensure that the identification stickers issued under § 226-4 are both properly affixed to the vehicle for which they were issued. Upon expiration, upon sale of the vehicle, or in the event the vehicle is no longer in compliance with any and all of the provisions of Chapter 226, such stickers must be removed immediately and returned to the Town Clerk within 72 hours.
(10)
Maintain the taxicab in the same condition as existed when the original application for the taxicab license was obtained including, but not limited to, maintaining the same livery, TLC, T- or taxicab license plates as issued by the New York State Department of Motor Vehicles. Should the vehicle be altered in any manner that differs from the information provided in the application under § 226-4, such information must be updated with the Town Clerk in writing within 24 hours. If such change makes the vehicle inapplicable to be operated as a taxicab under Chapter 226, all identification stickers must be removed immediately.
B.
The provisions of Subdivision 50 of Section 375 of the Vehicle and
Traffic Law are not applicable to taxicabs registered or licensed
by the Town of East Hampton.[1]
[1]
Editor’s Note: Former Subsections C, D and E, concerning
prohibitions on parking at certain times and in certain locations,
which were added 7-21-2016 by L.L. No. 34-2016 and immediately followed
this subsection, were repealed 6-15-2017 by L.L. No. 19-2017.
A.
Each license issued pursuant to the provisions of this chapter shall
be stamped with the Seal of the Town of East Hampton.
B.
In addition, the Town Clerk shall keep a record of all licenses issued
pursuant to this chapter. Such record shall list the complaints, suspensions
and revocations recorded against each licensee and shall be open to
view by the public during regular business hours.
It shall be a violation of this chapter for any person to transfer,
assign or lease, or to accept the transfer, assignment or leasing
of, any license issued under this chapter from person to person or
from vehicle to vehicle. Failure to comply with this provision shall
be deemed sufficient cause for the revocation or suspension of any
license issued pursuant to this chapter and is a violation chargeable
against both the transferor, assignor or leaser and transferee, assignee
or lessee, as well as against the holder(s) of the taxicab business
license.
Should any license issued pursuant to this chapter be lost or
stolen through no fault of the licensee, the Town Clerk shall issue
a duplicate license for a fee to be set by the Town Board.
All property which is lost or misplaced in the taxicab shall
be kept at the address listed on the business license under which
the taxicab is operated for a period of 24 hours. After this period,
if the property is still not claimed, it shall be brought to the East
Hampton Town Police Department, and a receipt shall be obtained.
A.
It shall be a violation of this chapter to operate or permit to be
operated a taxicab, from point to point within the confines of the
Town of East Hampton, unless there is conspicuously posted in the
interior of the taxicab a schedule of the fares to be charged for
the hire of such vehicle. Such schedule shall be legibly printed on
white cardboard or similar material, in easy view of the passenger
riding in the back seat and not less than 8.5 inches by 11 inches
in size.
B.
This fare schedule shall contain the following information:
C.
The owner or operator of the taxicab will not be allowed to collect
a fare greater than that which is posted.
A.
Business owners.
(1)
Each applicant for a business license shall, before such license
may be issued or renewed pursuant to this chapter, procure and maintain
an insurance policy covering the applicant and each motor vehicle
against public liability in at least the minimum limits required by
the laws of the State of New York for personal injury and property
damage, which insurance shall be maintained in force during the period
covered by the license. The applicant shall file with the Town Clerk
a certificate of insurance evidencing such insurance coverage within
five days of such application. Such certificate and insurance policy
shall provide that the Town of East Hampton shall be given 30 days'
prior written notice of cancellation. Such policy shall not be canceled
or suspended either by the insured or the insurer unless at least
30 days' notice, in writing, of the intention to cancel or suspend
such policy has been filed with the Town Clerk, and, upon such suspension
or cancellation of insurance, the license shall stand suspended until
such time as an acceptable policy or certification of insurance shall
be on file with the Town Clerk.
B.
Vehicle operator. Operators while in possession of a vehicle are
responsible for having the valid, current insurance card for said
vehicle issued to the business and/or vehicle owner with them at all
times.
[Amended 5-15-2014 by L.L. No. 8-2014]
A.
Regular fees. The Town Board shall, by resolution, adopt a schedule
of the following fees necessary, pursuant to this chapter, and the
annual renewal thereof. Such fees shall be collected by the Town Clerk
at the time applications are presented for issuance, replacement,
substitution, processing, waiver or hearing and shall be the fees
required under this chapter until the same shall be amended or modified
or repealed by a subsequent resolution of the Town Board.
B.
Refunds. Fees shall not be refunded in the event that an application
is denied.
C.
Reductions. There shall be no reduction in fees for licenses issued
for a fractional part of a year unless a change in expiration dates
reduces the term of the validity of such license.
[Amended 12-17-2016 by L.L. No. 52-2016]
D.
Expirations. The term of all licenses issued hereunder shall be for
the period of one year beginning on the first day of March and expiring
on the last day of February of each year.
[Amended 12-17-2016 by L.L. No. 52-2016]
E.
Renewals. Applications for renewal of all licenses shall be made
no later than 30 days prior to the expiration date thereof.
A.
Misdemeanors. Any person found to have violated § 226-3 or 226-15C of this chapter shall be guilty of a misdemeanor. A first offense hereunder shall be punishable by a fine of not less than $500; a second conviction shall be punishable by a fine of not less than $500 nor more than $1,000; and a third conviction shall be punishable by a fine of not less than $1,000 nor more than $1,500 or, in each case, by imprisonment for a period not to exceed one year, or both. Each day that the offense continues shall constitute a separate additional misdemeanor.
B.
Violations. Any person found to have committed any other offense
against this chapter not specifically designated as a misdemeanor,
or any section or provision thereof, is guilty of a violation. A first
violation of this chapter shall be punishable by a fine of not less
than $250; a second conviction shall be punishable by a fine of not
less than $250 nor more than $500; and a third conviction shall be
punishable by a fine of not less than $500 nor more than $750 or,
in each case, by imprisonment for a period not to exceed 15 days,
or both. Each day that the violation continues shall constitute a
separate additional offense.
C.
Notwithstanding a conviction for a violation or misdemeanor and imposition
of a fine and/or imprisonment, any license holder shall also be subject
to suspension, revocation or future disapproval of any license held
by him or her in his or her own or any business or corporate name
for offense against this chapter. The provisions contained in this
chapter regarding disapproval, suspension and revocation shall be
controlling to effectuate any disapproval, suspension or revocation.
D.
In addition to any other remedy provided by law, where authorized
by a duly appointed resolution of the Town Board, the Town Attorney
shall bring and maintain a civil proceeding in the name of the Town
in the Supreme Court to recover a civil penalty against any person
conducting, maintaining or permitting a violation of this chapter.
If any part or provision of this chapter or the application
thereof to any person or circumstance is adjudged invalid by any court
of competent jurisdiction, such judgment shall be confined in its
operation to the part or provision of or application directly involved
in the controversy in which the judgment shall have been rendered
and shall not affect or impair the validity of the remainder of this
chapter or the application thereof to other persons or circumstances.
Nothing proposed by this chapter shall apply to persons or taxicabs
engaged in the business of transporting persons, for hire or pay,
from a point outside the Town of East Hampton to a point within the
Town nor from a point within the Town to a point outside the Town
of East Hampton nor from a point outside the Town to another point
outside the Town and passing through the Town of East Hampton.
This chapter shall be effective upon filing with the Secretary
of State.
