[HISTORY: Adopted by the Town Board of the
Town of Bedford 11-13-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 117.
[Amended 11-3-1997; 5-2-2006 by L.L. No. 5-2006; 4-15-2008 by L.L. No. 3-2008; 2-25-2014 by Local
Law No. 1-2014]
For the purposes of this chapter, the following words and phrases,
unless otherwise so expressly stated, shall have the meanings respectively
ascribed to them by this section:
Any person or legal entity engaged in the business of operating
a for-hire taxicab company or owning or having control of the use
of one or more taxicabs lawfully operating on the streets of the Town.
Any motor vehicle bearing a taxi license plate from the New
York State Department of Motor Vehicles or a Westchester County Taxi
and Limousine Commission license plate and engaged in the business
of carrying persons for hire, whether the same is operated from a
street stand or subject to calls from a garage or operated for hire
within the Town.
Any person who drives a taxicab for employment, whether such
person is the owner of such taxicab or is employed by the owner thereof.
The license granted by the Westchester County Taxi and Limousine
Commission to any taxicab driver working as same in Westchester County.
The permission granted by the Town, pursuant to this chapter,
to any person or business to operate or keep for hire a particular
vehicle for use as a taxicab.
Any space within the Town limits which is designated and
reserved by the Town for the parking of taxicabs waiting to be hailed
for service.
The division of the Westchester County government charged
with issuing licenses and regulations governing the taxi and limousine
industry in Westchester County.
[Amended 7-5-1994; 2-25-2014 by L.L. No. 1-2014]
A.
Every operator and taxicab driver shall be responsible for keeping
the interior of their taxicab(s) in a clean and sanitary condition
at all times.
B.
Every operator of a taxicab shall furnish tire chains or snow tires
for each such vehicle, and every taxicab driver shall use them on
the appropriate tires during periods of snow and icing.
C.
No operator or taxicab driver shall at any time so fasten or lock
the doors of a taxicab so that it is impossible for a passenger to
open the same from the inside. Every operator shall provide means
for unfastening doors of a taxicab so that the doors may be readily
opened from the inside by a passenger.
D.
Parking, standing or cruising taxicabs on the public highways within
the Town of Bedford to solicit business is hereby prohibited, except
at designated taxi stands.
[Amended 11-3-1997; 5-2-2006 by L.L. No. 5-2006; 4-15-2008 by L.L. No. 3-2008; 2-25-2014 by L.L. No. 1-2014]
Changes of address for a particular taxicab permit or for an
operator shall be reported to the Town Clerk, in writing, within three
days.
[Amended 2-25-2014 by L.L. No. 1-2014]
All taxicab rates to be charged to passengers for hire within
the Town shall be fixed by the operator and shall be filed with the
Town Clerk on or before December 1 of each year. However, if such
rates are different from the prior year, they shall not become effective
until after 30 days from the date of filing in the office of the Town
Clerk.
Every driver of a taxicab shall have the right
to demand payment of the legal fee 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, upon request, anywhere in
the Town, unless previously engaged or unable to operate his taxicab.
Every driver of a taxicab, immediately after
the termination of hiring or employment, must carefully search such
taxicab for any property lost or left therein, and any such property
must be deposited with the Police Department. Any such property must
be held, maintained and disposed of according to law.
[Amended 7-5-1994; 2-25-2014 by L.L. No. 1-2014]
Any violation of this chapter shall be a violation and may be
punishable by a fine not exceeding $250 or imprisonment not exceeding
15 days, or by both such fine and imprisonment. In addition, the Chief
of Police may revoke any taxicab permit issued pursuant to this chapter
if he/she determines that the nature of the offense is such that it
renders the permitted vehicle unfit or unsafe for the transport of
passengers.
[Amended 2-25-2014 by L.L. No. 1-2014[1]]
The Chief of Police is hereby authorized to locate and designate
taxicab stands. He shall further designate the number of such taxicabs
that shall be allowed to stand at any of the places designated by
him 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 on the particular taxicab stand.
[1]
Editor's Note: This local law also repealed former § 111-8,
Hours of operation.
[Amended 11-3-1997; 1-7-2003; 5-2-2006 by L.L. No. 5-2006; 4-15-2008 by L.L. No. 3-2008; 2-25-2014 by L.L. No. 1-2014]
A.
It shall be unlawful for any person to drive, or allow to be driven
for hire, within the limits of the Town, any taxicab without first
having obtained a taxicab permit issued by the Town Clerk pursuant
to this chapter.
B.
The Westchester Taxi and Limousine Commission shall examine and license
taxicab drivers. A taxicab driver licensed by the Westchester County
Taxi and Limousine Commission shall be deemed licensed to work as
a taxicab driver within the Town, provided it shall be unlawful for
any individual taxicab driver to drive a taxicab in the Town for hire
without first having personally obtained a:
(1)
Valid New York State Class E driver's license; and
(2)
Valid taxicab driver's license issued by the Westchester County
Taxi and Limousine Commission, provided any taxicab driver's
license issued directly by the Town prior to the enactment date of
this amendment shall remain in force and effect until such license
has expired.
The Town Clerk shall prescribe the form of application required
for taxicab permits issued pursuant to this chapter. Such applications
shall require, at a minimum:
A.
The name, age and residence of the person applying for the permit;
if the applicant is a corporation or other business entity, the names
and addresses of its controlling officers shall be provided instead;
B.
The make, model, year and license plate number of the vehicle for
which the taxicab permit is sought;
D.
A statement whether the Town has previously issued a permit or license
for the vehicle to operate as a taxicab, and, if so, whether that
permit or license was revoked, and, if so, the reason supporting the
revocation.
A.
An application for a taxicab permit shall be filed with the Town
Clerk, in the form provided.
B.
Each taxicab operated in the Town is required to have its own separate
and distinct taxicab permit.
C.
Upon the approval of the application by the Town Clerk, the Town
Clerk shall issue a taxicab permit and deliver same to the owner of
such taxicab at the Town Clerk's office.
D.
The taxicab permit card shall contain such information as shall be
determined by the Town Clerk, but shall include, at a minimum, the
official permit number, the last four digits of the taxicab's
VIN number and the permit expiration date.
E.
Any permittee who defaces, obliterates or changes his taxicab permit
card shall have his permit revoked.
F.
If a taxicab shall be disabled, disqualified for service or sold,
the permittee shall promptly notify the Town Clerk in writing of such
fact and return their taxicab permit card, within three days.
G.
Should the state license number of a taxicab be changed during the
life of the taxicab permit, the permittee shall report such change
to the Town Clerk in writing within five business days.
A.
Any taxicab for which a taxicab permit is sought shall be submitted
for inspection by a contractor retained by the Town to determine whether
the taxicab complies with the specific requirements of this chapter.
Inspection reports shall be submitted to the Town Clerk's office
as part of the application for a taxicab permit. The Town Clerk may
refuse to issue a taxicab permit if the licensed vehicle is found
to be unfit or unsuited for public patronage based on failure to comply
with the requirements of this chapter. Nothing in this provision shall
relieve a taxicab owner of the obligation of obtaining and maintaining
a valid New York State inspection.
B.
The Town shall have the right to inspect or cause to be inspected,
at the expense of the operator, all taxicabs from time to time or
on complaint of any person for the purposes of determining the condition
and fitness of the same for public use. Reports, in writing, of all
inspections shall be promptly filed with the Town Clerk. The Town
Clerk may revoke or suspend a taxicab permit, if the licensed vehicle
is found to be unfit or unsuited for public patronage.
The taxicab permit fees for each taxicab permit issued pursuant
to the provisions of this article shall be set in a fee schedule determined
by the Town Board per calendar year or for renewal thereof. The Town
Board may, in its discretion, reduce or eliminate the taxicab permit
fee by resolution amending the Town fee schedule. Annual taxicab permit
fees, if any, shall be due on January 1 of each calendar year. No
taxicab permit fee shall be prorated.
Every taxicab operator operating within the Town limits shall
submit copies of a current certificate of insurance or current insurance
policies for each taxicab for which the Town issued a taxicab permit
pursuant to this chapter.
Change of ownership of or title to any taxicab shall automatically revoke any taxicab permit previously granted for the operation of such taxicab, unless permission for such change of ownership or title is first given by the Town Clerk. The purchaser of any such taxicab may not operate such vehicle until they have applied for and been granted a new taxicab permit and paid the fee therefor in the manner provided for in this chapter. No additional taxicab permit shall be required if a permitted vehicle is replaced by a new vehicle, provided such vehicle shall comply with the requirements in §§ 111-9 and 111-12 herein.
There shall be posted conspicuously in the interior of each
taxicab:
Taxicab permits may be revoked or suspended at any time by the
Chief of Police, or his designee, if:
A.
The vehicle is used for illegal business or purposes or in violation
of this chapter, or in violation of any state or local law governing
the operating of motor vehicles; or
B.
The Chief of Police, or his designee, determines that the taxicab
driver operating the taxicab or holding a taxicab permit is unfit
to operate a taxicab because he or she presents an unreasonable risk
of harm to the health, safety and welfare of Town residents.
A.
Any revocation, suspension or denial of the issuance of a taxicab
permit may be appealed to the Town Board at the request of any person
aggrieved thereby, provided that such review is commenced by the filing
of a written notice of appeal to the Town Board within 30 days after
the date of revocation, suspension or denial of a taxicab permit.
B.
The Town Board shall, upon at least seven days' notice to the
applicant, hold a hearing upon such application, at which the applicant
shall be given an opportunity to prove by competent evidence that
the operators, employees and vehicles described in the application
comply with the requirements of this chapter and all laws and regulations
of the State of New York and all ordinances and regulations of the
Town of Bedford. If after such hearing the Town Board shall find from
a preponderance of the evidence that the foregoing facts have been
established, it shall direct the Town Clerk to issue a taxicab permit
to the applicant. If after such hearing the Town Board shall find
that the foregoing facts have not been established by the evidence,
the appeal shall be denied. The action of the Town Board upon such
hearing shall be subject to review under Article 78 of the New York
Civil Procedure Law and Rules.
