[HISTORY: Adopted by the Town Board of the Town of Riverhead 5-3-2011 by L.L. No.
16-2011 (Ch. 99 of the 1976 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Vehicles, traffic and parking regulations — See Ch. 289.
A.
The purpose of this chapter is to regulate the activities of taxicabs
and other vehicles for hire in the Town of Riverhead. History has
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 of Riverhead.
Indeed, one of the Town Board's highest priorities is to protect the
peace and security of our citizens on the highways in our community.
B.
Thus, this chapter is intended to enhance the peace and security
of our citizens in their homes and neighborhoods; to safeguard consumers
against fraud and inferior services; and to prevent congestion and
unsafe conditions on the streets and highways of the Town.
A.
Word usage. Words used in the singular in this chapter shall include
the plural and vice versa. The word "shall" is always mandatory.
B.
BUSINESS
BUSINESS LICENSE
CRUISING
DEPOT
DRUG TESTING POLICY/RANDOM DRUG TESTING POLICY
FARE
LIMOUSINE
OPERATOR
OPERATOR'S PERMIT
OWNER
PASSENGER
PERSON
TAXICAB
TAXI STAND
TERMINAL
TOWN
TRANSPORTATION FOR HIRE
VEHICLE FOR HIRE
VEHICLE PERMIT
ZONE
Definitions. The following definitions shall govern the interpretation
of this chapter unless otherwise expressly defined herein:
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 Riverhead.
Written authorization which permits a person to engage in
the business of transportation for hire or to employ others for said
purposes.
To travel about the street and roadways at random.
An additional place of business in the area where an owner's
terminal is located.
A written policy that meets the minimum requirements for
the testing of holders of a commercial driver's license for drugs
and/or alcohol developed by the United States Department of Transportation
and Federal Motor Carrier Safety Administration as set forth in the
Code of Federal Regulations in 49 CFR Parts 40 and 382.
A transportation charge or the price of passage or the sum
paid or due for conveying a person by taxicab or vehicle for hire.
Any motor vehicle engaged in transportation for hire in connection
with funerals, weddings, proms and other events or functions of a
similar nature or in connection with general transportation for hire
when, at the prior request of the passenger(s), an unmarked livery
is used and pickup is made by prior arrangement, 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.
A natural person who is entitled to obtain in his or her
own name proper New York State licensing for the operation of a motor
vehicle for the purpose of transportation for hire.
Written authorization which permits an operator to engage
in the business of transportation for hire within the Town of Riverhead.
Includes a person, as defined herein, who is a business owner,
principal, director and/or officer of a business, a purchaser under
a reserve title contract, conditional sales contract or vendor's lien
agreement and a lessee who is entitled to obtain in his or her own
name proper New York State registration of the vehicles engaged in
the business of transportation for hire, and/or a person owning or
controlling one or more taxicabs or limousines and operating/driving
or causing to be operated/driven any such vehicle for hire.
Includes any person other than the operator/driver who is
an occupant of a taxicab or limousine upon the public streets, roads
and highways within the Town of Riverhead.
Includes natural persons, corporations, partnerships, unincorporated
associations or any other organizations of two or more persons.
Any motor vehicle engaged in the business of transportation
for hire, other than a limousine, whether the same is operated from
a street stand or subject to calls from a garage.
A public place alongside the curb of a street or elsewhere
which has been so designated as reserved exclusively for the use of
all taxicabs licensed pursuant to this chapter.
A fixed base of operation of the owner of the taxicab or
limousine.
Includes all areas within the Town of Riverhead exclusive
of areas wholly within any incorporated village.
Includes the transporting of 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 Riverhead.
Includes any motor vehicle used in the transporting of a
passenger or passengers, for hire or for compensation of any kind,
upon the public streets, roads and highways within the Town of Riverhead.
Written authorization which permits the use of a specific
vehicle in the business of transportation for hire within the Town
of Riverhead.
An area within the Town.
The provisions of this chapter shall not apply to vehicles solely
owned and operated for the activities set forth herein:
A.
Business vehicles engaged in a business other than transportation
for hire, wherein said vehicles are used solely for transportation
of clients of said business, whether for a fee or not, and are not
made available for hire by persons other than clients of the principal
business.
B.
Hotel vehicles engaged in the transportation of hotel guests only.
C.
Club vehicles engaged in the transportation of club members only.
D.
Public or private school vehicles engaged in the transportation of
school pupils only.
E.
Buses as defined by the New York State Vehicle and Traffic Law.
F.
Limousines as defined in this chapter.
G.
Vehicles for hire engaged in transportation from a point outside
the Town of Riverhead to a point within the Town, from a point within
the Town to a point outside the Town, or from a point outside the
Town to another point outside the Town and passing through the Town
of Riverhead.
A.
It shall be unlawful for any person to engage in the business of
transporting people for hire by a taxicab, from point to point within
the confines of the Town of Riverhead, without having first obtained
a license to conduct such business from the Town Clerk.
B.
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 permanent address of the applicant, the applicant's
telephone number and social security number. If the applicant is a
corporate entity, the name and address of all officers, partners,
directors, members, and/or stockholders of the applicant, the applicant's
federal tax identification number and telephone number.
(b)
The make, model, year, seating capacity, vehicle identification
number and license plate number of each vehicle to be used in said
taxicab business.
(c)
The registered owner of each vehicle to be used in said taxicab
business. No business license shall be issued to any person unless
he is the owner of each taxicab operated in his name.
(d)
The names and addresses of all vehicle operators.
(e)
The name, address, telephone number and title of the person
designated to accept process or other legal notices on behalf of the
licensee. The licensee is required to designate an agent who resides
in the County of Suffolk for the service of process of any notices
set forth in this chapter or for the service of process of a violation
of this chapter.
(f)
Details of any convictions for misdemeanors and felonies, including
the nature of the offense for which arrested and ultimately convicted,
the date of arrest and conviction, the place where said conviction
was had and the sentence imposed.
C.
Form. A business license shall state the name and address of the
licensee, the date of the issuance and expiration of said business
license, and that the licensee is authorized to engage in the business
of transportation for hire by the Town of Riverhead.
D.
Term. The term of the business license shall be for a term of one
year.
E.
Posting of business license. A business license shall be conspicuously
posted, in full public view, in the main office of the licensee.
F.
Renewal. Application for the renewal of a business license shall be filed no later than 30 days prior to its expiration. The application shall be verified and shall set forth the information listed in Subsection B of this section. Forms for the renewal application shall be supplied by the Town Clerk and shall be requested by the licensee.
G.
Modification. Any change in circumstance with regard to the information
required hereinabove shall be reported to the Town Clerk within 30
days of occurrence.
A.
It shall be unlawful for any person to drive or operate or, as an
owner, to allow any person, including the owner, to drive or operate
a taxicab or other motor vehicle engaged in transportation for hire,
as defined herein, without having first obtained an operator's permit
to drive or operate a taxicab from the Town Clerk.
B.
Application. To obtain a permit 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 permanent 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, including the offense the applicant
was convicted of, the date and court of conviction, and the sentence
imposed.
(6)
The applicant's license classification and license number. All applicants
must hold the proper license from the State of New York to operate
a taxicab to be issued an operator's permit.
C.
Additional requirements. In addition to a completed application,
an applicant must comply with the following requirements in order
to be considered for an operator's permit:
(1)
Photograph. All operator permit applications shall be accompanied
by four 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. When the application form has been completed, the applicant
shall appear at the Riverhead Town Police Department, or a New York
State Division of Criminal Justice Services' approved vendor, to be
fingerprinted as provided in the form and manner prescribed by the
Division of Criminal Justice Services for such fingerprint search.
Prior to the fingerprinting, the Town Clerk shall secure from the
applicant the required fee for a criminal history record check in
the form of a check or money order made payable, as required, to the
New York State Division of Criminal Justice Services to be forwarded
to the Division with such fingerprints. Any fee for fingerprinting
charged by the Department or vendor is in addition to the fees required
to be paid to the Town Clerk. The Chief of Police of the Riverhead
Town Police Department or his/her designee(s) shall review all information
provided by New York State Division of Criminal Justice Services in
connection with the applicant's criminal background and investigation.
If a prospective applicant for any of the aforementioned licenses
has been convicted of a crime, any decision regarding such prospective
applicant's fitness for a license will be made upon consideration
of New York State Correction Law §§ 701 through 703-b
and §§ 751 through 753.
[Amended 7-3-2012 by L.L. No. 11-2012]
(3)
Physician's statement. The applicant must submit a written statement
from a medical doctor licensed to practice medicine in the State of
New York stating that the applicant is physically and mentally fit
to safely operate a motor vehicle.
(4)
Drug test. The applicant must submit a certification from his employer
that he has passed a preemployment drug test.
(5)
Driver's license and abstract. The applicant must submit a copy of
the applicant's New York State driver's license along with a New York
State driver's abstract detailing the applicant's driving history,
dated within 10 days of the date the application is submitted to the
Town Clerk.
D.
Form. The permit shall contain the name, address, date of birth,
signature and photograph of the applicant. It shall state the dates
of issuance and expiration of the permit. In addition, there shall
be sufficient blank spaces to record any suspension or revocation
of the permit.
E.
Term. The term of the permit shall be for one year from date of issuance.
F.
Posting. The permit shall be conspicuously posted and securely fastened
on the visor on the driver's side of the taxicab.
G.
Renewal. Application for the renewal of an operator's permit shall be filed no later than 30 days prior to its expiration. The application shall be verified on a form furnished by the Town Clerk and shall contain the information required by § 281-6B and C and all their subsections. An applicant requesting to renew an operator's permit shall request a renewal form from the Town Clerk either in person or in writing.
H.
Temporary permit.
(1)
The Town Clerk may issue a temporary permit to an applicant, who
is otherwise qualified, pending the investigation of the applicant's
application for a full permit.
(2)
The holder of a temporary permit shall be subject to all the provisions
of this chapter. The duration of a temporary permit shall be 30 days.
(3)
No temporary permit may be issued until the applicant has submitted
a certification from the applicant's employer that the applicant has
passed a preemployment drug test.
J.
Denial of operator's permit. The Town Clerk shall not issue an operator's
permit in the following instances:
(1)
The applicant has a conviction for any of the following offenses:
(a)
A felony within the last 10 years.
(b)
Any crime involving the manufacture, transportation, possession,
or sale of illegal drugs as defined by New York Penal Law.
(c)
A crime involving the operation of a motor vehicle under the
influence of alcohol or drugs.
(d)
Any offense that requires the applicant to register as a sex
offender.
(e)
Reckless driving.
(f)
Endangering the welfare of a child.
(2)
It is determined by the Town Clerk that the applicant made a false,
misleading or fraudulent statement in the application for an operator's
permit.
(3)
The applicant has been convicted of offense for violating a provision
of this chapter a minimum of three times.
A.
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
Riverhead, without having first obtained therefor a vehicle permit
from the Town Clerk. All taxicabs licensed by the Town of Riverhead
shall be registered in the State of New York and must have the proper
registration and license plates for a taxicab as required by the New
York State Department of Motor Vehicles.
B.
Application.
(1)
To obtain a vehicle permit 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:
(a)
The name and resident address of the applicant and the registered
owner of the vehicle.
(b)
The business address from which the taxicab will be used and
the business license under which it will be used.
(c)
The make, model, year, seating capacity, vehicle identification
number and the license plate number.
(d)
If the vehicle has been previously used as a taxicab and where.
(2)
In addition to the application, an applicant for a vehicle permit
shall provide the following:
(a)
Proof that the vehicle is properly registered in New York State
as required by this section.
(b)
A valid certificate of inspection from a business licensed as
a New York State Vehicle Inspection Station.
(c)
Proof that the vehicle is insured as required by the New York
State Department of Motor Vehicles.
C.
Form. The vehicle permit shall state the name and address of the
registered owner; if the vehicle is leased, the name and address of
the party to which it is leased; the seating capacity; the year, make
and model; the license plate number; and the business license number
under which the taxicab is being operated.
D.
Term. The term of the vehicle permit shall be for one year from date
of issuance.
E.
Posting. The vehicle permit 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.
F.
Identification sticker.
(1)
When issuing a vehicle permit, the Town Clerk shall also deliver
a sticker bearing the vehicle permit number, the vehicle license plate
number and the expiration date of the vehicle permit. Each such sticker
must be securely affixed to the rear bumper of the vehicle. The sticker
is 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 owner, the Town Clerk shall issue a duplicate sticker at a
fee as set by the Town Board.
G.
Renewal. An application for the renewal of a vehicle permit shall be filed no later than 30 days prior to expiration. The application shall be verified and shall set forth the information listed in Subsection B of this section. Forms for the renewal applications shall be supplied by the Town Clerk and shall be requested by the licensee, in writing or in person.[1]
H.
Modification. Any change in circumstance with regard to the information
required hereinabove shall be reported to the Town Clerk within 30
days of occurrence.
It shall be the duty of every operator of a taxicab to comply
with the following:
A.
Each operator shall keep the interior and exterior of his taxicab
clean at all times.
B.
An operator must transport all orderly persons upon request, unless
already under hire.
C.
An operator must inform the Town Clerk, in writing, of any change
in address within 72 hours.
D.
An operator shall thoroughly search his taxicab for lost or misplaced
items after the discharge of each fare.
E.
Operators shall inform the Town Clerk, in writing, within 24 hours
of the loss or theft of the operator's permit.
F.
Operators shall not transport a greater number of persons than the
rated capacity of the taxicab as listed on the vehicle permit.
G.
After having accepted a person for transportation, an operator must
refuse to accept any other passengers without the consent of the person
first accepted for transportation.
H.
At the request of any passenger, operators must enforce no smoking
in their vehicle by all occupants, including the driver, during the
presence of the passenger making said request.
I.
Operators may not use loudspeakers, noisemaking devices, or other
attention-seeking devices.
J.
Operators may not peddle any goods or property from the vehicle for
hire.
K.
Operators may not solicit the use of a vehicle for hire in violation
of this chapter or for any purpose other than transportation for hire.
L.
An operator may not allow any other person to use his operator permit.
M.
Operators shall maintain a written log of all trips, showing the
time and place each passenger engages the taxicab and the time and
place he leaves the taxicab, as well as the fare charged. The operator
shall deliver a copy of this log to the owner of the taxicab. The
log shall be retained by the operator and the owner for a period of
one year.
N.
No operator shall engage in the act of cruising as defined in this
chapter.
O.
An operator shall not conduct himself in any manner or way that is
either dangerous or offensive to the general public.
Q.
Operators shall be subject to the same requirements as a holder of
a commercial driver's license as set forth by the United States Department
of Transportation and the Federal Motor Carrier Safety Administration
with regard to the operation of the vehicle and the consumption of
alcohol and drugs.
R.
Operators must submit to and pass all alcohol and/or drug tests required
by this chapter.
It shall be the duty of every owner of a taxicab, as defined
in this chapter, to:
A.
Inspect and repair all damage or malfunction to or in the vehicle
or equipment each week. All said repairs and maintenance to the vehicles
shall not be made while the vehicle is on the public street, public
way or public place.
B.
Not allow the taxicab to be used in business if not in proper working
condition.
C.
Equip and maintain each taxicab with 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.
D.
Not allow any person to operate the taxicab without an operator's
permit as defined by this chapter.
E.
Maintain the operator's log for a period of one year and which must
be available for inspection by the Town, upon request, at all times
during said period.
F.
Report to the Town Clerk the loss or the theft of the vehicle permit,
in writing, within 24 hours.
G.
Ensure that all operators employed by the owner comply with all of
the sections regarding the duties, requirements and responsibilities
of operators contained in this chapter.
H.
Develop, implement and follow a written drug testing policy as defined
in this chapter.
I.
Upon notification that an operator employed by the owner has failed
a drug test, the owner must within 24 hours notify the Town Clerk
in writing that the operator has failed a drug test and is no longer
eligible to operate a taxicab in the Town of Riverhead. Notice to
the Town Clerk must be sent by certified mail.
J.
Prevent an operator from driving any taxicab owned by the owner upon
notification that the operator has failed a drug test until such time
that the owner is notified by the Town Clerk in writing that the operator's
privilege to drive a taxicab in the Town of Riverhead has been restored.
K.
Maintain written records regarding all drug tests administered pursuant
to this chapter for a period of three years and produce said records
for inspection upon the request of the Town Clerk, Town Board, Investigation
Unit of the Town Attorney's Office or Town of Riverhead Police Department.[1]
L.
Maintain a maintenance log for each vehicle owned by the owner for
a period of one year and which must be available for inspection by
the Town, upon request, at all times during said period.
A.
Each license and permit issued pursuant to the provisions of this
chapter shall be stamped with the Seal of the Town of Riverhead.
B.
In addition, the Town Clerk shall keep a record of all licenses and
permits issued pursuant to this chapter. Such record shall list the
complaints, suspensions and revocations recorded against each licensee
and permit holder, and such record shall be open to view by the public
during regular business hours. Upon receiving any complaint, the Town
Clerk shall forward such complaint to the Investigation Unit of the
Town Attorney's Office for investigation.
It shall be a violation of this chapter for any person to transfer
or assign, or to accept transfer or assignment, of any license or
permit issued under this chapter from person to person or from vehicle
to vehicle.
Should any license or permit issued pursuant to this chapter
be lost or stolen through no fault of the licensee or permit holder,
the Town Clerk shall issue a duplicate license or permit 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 one month. After this period,
if the property is still not claimed, it shall be brought to the Riverhead
Town Police Department and a receipt obtained.
Each and every taxicab licensed pursuant to the provisions of
this chapter shall be subject to inspection by the Investigation Unit
of the Town Attorney's Office. Said inspection shall concern the cleanliness
of the taxicab, the required safety equipment, and the proper posting
of licenses and other items required by this chapter.
Nothing in this chapter shall prevent the Riverhead Town Police
Department from making further routine inspections.
Any member of the Investigation Unit of the Town Attorney's
Office or the Riverhead Town Police Department may, upon reasonable
suspicion that an operator has consumed drugs or alcohol in violation
of this chapter, the New York Vehicle and Traffic Law and/or the New
York Penal Law, request that the operator submit to a drug and/or
alcohol test.
A.
The Town Clerk shall suspend or revoke a license or permit upon learning
of a violation of this chapter. Notice of the revocation or suspension
shall be mailed to the licensee or permit holder by registered mail,
at the address listed on the license or permit application, notifying
the license or permit holder that their license or permit has been
suspended or revoked and the reason for such suspension or revocation.
B.
Any license or permit holder shall be entitled to a hearing to appeal
a denial, suspension or revocation. Any license or permit holder who
wants to appeal a denial, or suspension or revocation must notify
the Town Clerk in writing that they wish to appeal the denial, suspension
or revocation. Said hearing shall be held before the Town Board. The
Town Clerk shall notify the license or permit holder of the date,
time and place of the hearing, in writing, at least 30 days prior
to the hearing. At the close of the hearing, the Town Board may suspend,
revoke or uphold the denial of the license or permit or dismiss the
charges alleged. The Town Board must state the facts upon which the
ruling is based.
C.
Failure to comply with the provisions of this chapter shall be seen
as sufficient cause for the revocation or suspension of such license
or permit.
D.
Conviction of a violation of the New York State Vehicle and Traffic
Law in a court of competent jurisdiction regarding the equipment or
working condition of the taxicab shall be grounds for the suspension
or revocation of the vehicle permit.
E.
The Town Clerk shall suspend any license or permit issued pursuant to this chapter upon learning that the license or permit holder has been charged with any of the offenses listed in § 281-5J(1).
F.
The Town Clerk shall revoke any license or permit issued pursuant
to this chapter upon learning:
A.
Each vehicle used as a cab, as defined hereinabove, must be equipped
with a permanent raised operational dome light affixed to the roof,
with "taxi," "taxicab" or the business name imprinted thereon, and
must have "taxi" or "taxicab" and the business telephone number permanently
affixed to each side of the exterior, not less than four inches in
height, and the business name and address must be permanently affixed
to the lower portion of the front door, on each side of the exterior,
not less than two inches in height.
B.
The owner of each vehicle shall ensure that the vehicle and its equipment
are inspected at least once during each week, the results of which
must be noted in the written log maintained for that vehicle. Each
vehicle in use must be capable of passing all Town, state and police
inspections. Any and all repairs to the vehicle must be recorded in
the maintenance log.
C.
Each vehicle must be kept clean, sanitary, fit, of good appearance
and in a safe condition for the transportation of passengers, including
repair of all malfunctions and/or damages, and must comply with all
alterations and/or additions that may be required.
A.
Issuance. Upon approval of an application for a taxicab license,
the Town Clerk shall issue a placard for each vehicle bearing the
title "Passenger Regulations, Rights and Complaints."
B.
Posting. Owners, at all times, and operators, while in possession
of a vehicle, are responsible for keeping said placard conspicuously
posted and securely fastened in the interior of each vehicle, in a
clear and readable manner.
C.
Contents. The placard shall set forth the activities by passengers
that are prohibited, their rights and where to file complaints, as
prescribed by this chapter.
A.
Disapproval, suspension or revocation. Holders of licenses and/or
permits issued pursuant to this chapter must surrender same to the
Town Clerk immediately upon demand after the disapproval, suspension
or revocation thereof.
B.
Sales. Holders of a license issued pursuant to this chapter must
surrender same to the Town Clerk immediately upon, and in no case
later than seven days from, the sale or other disposition of a business
or any vehicle.
C.
State actions. Holders of licenses and/or permits issued pursuant
to this chapter must surrender same to the Town Clerk immediately
upon, and in no case later than seven days from, suspension or revocation
by the State of New York of any relevant license, permit or registration.
Each person licensed pursuant to this chapter shall, upon the
sale or other disposition of a licensed taxicab or limousine, within
24 hours, notify the Town Clerk of the sale or other disposition,
surrender the taxicab license issued for the vehicle and submit proof
that the license plates have been surrendered to the Department of
Motor Vehicles.
The activities by passengers set forth herein are unlawful,
are therefore prohibited and are the responsibility of the passenger
while occupying, engaging or in any way using a vehicle for hire:
A.
Rights. Passengers in vehicles for hire are entitled to quiet, safe,
orderly, timely, comfortable transportation, at a price stated on
a schedule of fares, posted in the vehicle in a clear and readable
manner.
B.
Complaints. Passengers who wish to file complaints regarding poor
service, poor vehicle conditions, improper conduct or any other reason
should do so by completing a complaint form obtained from the Town
Clerk and shall file with the Town Clerk the completed complaint form.
A.
The Town Board may, from time to time, by resolution, establish stands
at such locations upon the streets or other public places of the Town
as it deems necessary for the use of the taxicabs operated and driven
by the persons licensed pursuant to this chapter and prescribe the
number of taxicabs that may occupy the stand at one time; however,
the Town Board must find that such stands are required by the public
convenience and necessity and will not tend to create a traffic hazard.
B.
All taxi stands may be used by any taxicab licensed pursuant to this
chapter and driven by any operator possessing an operator's permit
pursuant to this chapter, provided there is a vacant space available
therefor.
C.
No vehicle other than a taxicab, duly licensed pursuant to this chapter,
shall at any time occupy any space established as a taxi stand.
A.
Regular fees. The Town Board shall set all fees under this chapter
by resolution and shall adjust said fees as the Board deems appropriate.
The Town Clerk shall collect a fee, for processing the following applications,
at the time applications are presented for issuance, replacement,
substitution, processing or hearing:
(1)
For an owner's license.
(2)
For a vehicle permit.
(3)
For an operator's permit.
(4)
For processing fingerprints by the New York State Division of Criminal
Justice Service at the prevailing fee of that agency in the form of
check or money order made payable to that agency.
(5)
For a revocation hearing.
(6)
For an appeal of disapproval, suspension hearing or revocation hearing.
B.
Late fees. The Town Clerk shall collect additional fees at the time
applications are presented for renewal when said applications are
made in excess of 30 days after the expiration date thereof.
C.
Refunds. Fees shall not be refunded in the event that an application
is denied.
A.
Any person or persons committing an offense against this chapter
or any section or provision thereof is guilty of a violation, punishable
by a fine as indicated herein below or imprisonment for a period not
to exceed 15 days, or by both fine and imprisonment, and each day's
continued violation shall constitute a separate offense:
(1)
First offense: not more than $500.
(2)
Second offense: not more than $1,500 but not less than $500.
(3)
Third offense: not less than $1,000 and, additionally, revocation
of the license and/or permit issued pursuant to this chapter for a
minimum of one year, after which reinstatement shall be based on a
complete new application process, including fingerprints.
B.
In addition to any other remedy provided by law, the Town may bring
an injunction proceeding or Supreme Court proceeding to enforce the
provisions of this chapter.
C.
Notwithstanding conviction for a violation hereunder, and imposition
of a fine and/or imprisonment therefor, any license or permit holder
shall also be liable for suspension, revocation or future disapproval
of any license or permit 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 provided for herein.[1]
