[HISTORY: Adopted by the Board of Trustees
of the Village of Massapequa Park 11-28-2016 by L.L. No. 6-2016.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Towing — See Ch. 314.
Vehicles and traffic — See Ch. 322.
Vending vehicles — See Ch. 330.
Fees — Ch. A350.
[1]
Editor's Note: This local law also superseded former Ch. 306,
Taxicabs, which was comprised of Art. I, General Provisions, adopted
5-22-1967 as Art. I of Ch. 18 of the 1967 Code, as amended; Art. II,
Taxi Franchise Agreements, adopted 1-7-1991 by L.L. No. 1-1991; and
Art. III, Solicitation of Business, adopted 12-23-1991 by L.L. No.
7-1991.
Unless otherwise expressly stated, whenever used in this chapter,
the following words shall have the meanings given to them by this
section:
The privilege of operating a taxicab service in the Village
shall be awarded to any person or company at a meeting of the Board
of Trustees, at which time the financial responsibility of the individual
applying for such privilege will be inquired into and the character,
reputation and fitness of the applicant to operate such service will
be investigated.
Includes 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.
Includes any motor vehicle engaged in the business of carrying
persons for hire and subject to use by the general public, whether
the same is operated from a street stand or subject to calls from
a garage, or otherwise operated for hire.
Any person having the authority to exercise control over
a taxicab or driver in respect to the general operation or dispatching
of the vehicle.
The Village Board of Trustees shall have authority to administer
and enforce the provisions of this chapter and to promulgate rules
and regulations pursuant to this chapter.
A.
No taxi company shall operate within the Village of Massapequa Park
without having first obtained a taxi company license. This restriction
shall not prohibit any person from using a taxicab of his or her choice
notwithstanding the fact that the taxicab does not operate in the
Village.
B.
Applications for licenses shall be made on forms to be furnished
by the Village Administrator. Each application shall be submitted
to the Board of Trustees of the Village of Massapequa Park, which
said Board of Trustees shall approve or disapprove the application
in accordance with the terms of this chapter, and no permit shall
be issued unless the issuing of same shall be in the best interest
of the Village of Massapequa Park, as determined by the Board of Trustees.
C.
No taxicab shall be operated by a taxi company within the Village until approval has been obtained as prescribed under Subsection B of this section.
D.
Upon approval by the Board of Trustees, the Village Administrator
shall issue said license, as prescribed herein, as of the first of
January, except where applied for after January 1, and then shall
issue said permit as of the date of approval of the application, and
said license shall expire on the final day of December next succeeding
unless sooner suspended or revoked.
E.
In the event that any license hereunder shall fail to conform to
all of the rules and regulations made pursuant to this chapter, such
license to operate shall be suspended or revoked in the following
manner:
(1)
A written
notice of complaint and hearing shall be served upon the permittee
at least seven days prior to the hearing date to be scheduled by the
Board of Trustees.
(2)
The Board of Trustees shall be empowered to revoke or suspend the
license of any licensee pursuant to this section upon its finding
that the licensee has failed to conform to all of the rules and regulations
made pursuant to this chapter.
F.
Any license issued under this section may be renewed for additional periods of one year from the date of expiration, upon the filing of an application containing all of the information required by the provisions of this chapter for the original application and upon approval of the Board of Trustees pursuant to Subsection B herein.
A.
Applications for permits for taxicabs shall be made by the licensed
taxi company obtaining the vehicle to be permitted, on forms to be
furnished by the Village Administrator's office. Such application
shall contain the full name and address of the owner, the make, serial
number and year of manufacture of the taxicab for which the permit
is desired, the number of passengers it is capable of carrying, the
motor power thereof and such other information as may be required
by the Village Administrator.
B.
Each application for a permit, as defined herein, shall be submitted
to the Board of Trustees for examination and investigation, and said
application shall be approved or disapproved in accordance to the
terms of this chapter.
C.
No taxicab shall be operated as such within the Village until approval has been obtained as prescribed under Subsection B of this section.
D.
Upon approval by the Board of Trustees, the Village Administrator
shall issue said license, as prescribed herein, as of the first of
January, except where applied for after January 1 and then shall issue
said license as of the date of approval of the application, and said
license shall expire on the final day of December next succeeding
unless sooner suspended or revoked.
E.
Any license issued under this section may be renewed for additional periods of one year each from the date of expiration, upon the filing of an application containing all of the information required by the provisions of this chapter for the original application and upon the approval of the Board of Trustees pursuant to Subsection B herein.
A.
No vehicle shall be permitted or have its permit renewed as a taxicab
until it has been inspected and approved by an official New York State
motor vehicle inspecting station.
B.
The Board of Trustees is hereby authorized and empowered to establish
reasonable rules and regulations for the inspection of taxicabs, the
standards to determine their condition of fitness and the form of
certificate to be issued therefor.
C.
Certificates, in writing, of all inspections shall be promptly filed
with the Village Administrator.
D.
In the event that any taxicab shall be certified as unfit or unsuitable
for operation in the Village of Massapequa Park, the permit to operate
such vehicle shall be revoked or suspended, upon the order of the
Board of Trustees being filed with the Village Administrator and notice,
in writing, of the revocation or suspension being given to the permittee.
Any revocation or suspension made hereunder may be appealed by the
permittee to the Board of Trustees by a notice of appeal, in writing,
filed with the Village Administrator within 10 days after said revocation
or suspension. The Board of Trustees shall hear and decide any appeal
within 30 days of filing.
A.
If, upon inspection, a taxicab is found to be of proper construction
and in proper condition, as described herein, and a certificate has
been issued, upon payment of the permit fees hereafter set forth,
the same shall be permitted by delivering to the applicant a card
which shall contain the official permit number of the taxicab, together
with the date of the permit. Such card shall be signed by the Village
Administrator and shall be displayed permanently in the taxicab.
B.
Failure of the taxicab to display a permit card when required shall
be presumptive evidence that said vehicle is not, in fact, permitted.
A.
Every driver operating a taxicab within the Village of Massapequa
Park must be permitted by the Village of Massapequa Park as a taxicab
driver.
B.
Application
for a permit as a taxicab driver shall be made on forms to be furnished
by the Village Administration Office.
C.
Every applicant for a taxicab permit shall satisfactorily meet or
comply with the following conditions:
(1)
Be of sound physique, with good eyesight and not subject to epilepsy,
vertigo, heart trouble or any other infirmity of the body or mind
which might render him unfit for the safe operation of a taxicab.
(2)
Be able to read and write the English language.
(3)
Be clean in dress and not addicted to the use of intoxicating liquor
or narcotics.
(4)
Shall not have a previous conviction of a felony or misdemeanor,
except that this requirement may be waived at the discretion of the
Village Board of Trustees.
(5)
Shall file with the Village Administrator a sworn application containing
the information required herein and any other information that may
be required.
(6)
Shall submit to fingerprinting and police examination as required.
(7)
Shall be duly licensed by the State of New York to drive passenger
vehicles for hire, as evidenced by a proper license issued by the
Department of Motor Vehicles of the State of New York.
(8)
In the event that any of the statements made on the application,
as aforesaid, shall be false, then any permit issued pursuant to the
said application shall be suspended or revoked.
(9)
All taxicab driver applications shall be accompanied by a letter
from the authorized taxicab company.
(10)
In addition to any other requirements provided for in this section
or in this chapter, it shall be required that every person making
application for a permit as a driver, as provided herein, must submit
a current doctor's certificate attesting to his physical ability
to operate a motor vehicle in the State of New York.
A.
A driver's permit shall be issued as of January 1, except where
applied for after January 1, and then said permit shall issue as of
the date of approval of the application.
B.
All driver's permits expire on the last day of December unless
sooner suspended or revoked, provided that a permit issued in December
shall expire on December 31 of the year following the year in which
the permit is granted provided further that the permit shall not expire
until January 31 if an applicant has filed for renewal prior to January
31.
C.
Any permit issued under this section may be renewed on or before
January 31 for an additional year from the date of expiration, upon
the filing of an application containing all of the information required
by the provisions of this chapter for the original application and
paying a renewal fee which shall be set from time to time by resolution
of the Board of Trustees.
D.
In the event that any permit hereunder shall fail to conform to all
of the rules and regulations made pursuant to this chapter, the Board
of Trustees may request that the permit to operate be revoked in the
following manner:
(1)
A written notice of complaint and hearing shall be served upon the
permittee at least seven days prior to a hearing date scheduled by
the Board of Trustees.
(2)
Upon the hearing, the Village Administration Office shall present
to the Board of Trustees the facts and circumstances of the violation
and the permittee shall have full opportunity to be heard.
(3)
The Board of Trustees shall be empowered to revoke or suspend the
permit of any permittee pursuant to this section upon its findings
that the permittee has failed to conform to all of the rules and regulations
made pursuant to this chapter.
Fees for the following items shall be paid to the Village Administrator;
said fees shall be set from time to time by resolution of the Board
of Trustees, with a schedule of such fees to be maintained by the
Village Administrator.
A.
For each taxi company license: annual renewal or renewal after revocation
or suspension.
B.
For each taxicab: an amount for each fiscal year or any part thereof,
except that in the event that a permit shall be applied for to permit
a vehicle which shall replace an existing permitted vehicle, there
shall be a fee for such replacement permit.
C.
For each taxicab driver's permit: an amount for each fiscal
year or any portion thereof.
A.
The Village Administrator shall keep a record of the name and address
of each person owning or operating a vehicle permitted under this
chapter, together with the permit number, the description and the
serial number of each vehicle, with the date and complete details
of the inspection made of it. Such records shall be open to the inspection
of the public at all reasonable times and shall be public records.
B.
There shall be kept in the office of the Village Administrator a
complete record of each permit issued to a driver and all renewals,
suspensions and revocations thereof, which records shall be open for
inspection by the public at all reasonable times and shall be public
records.
The Village Administrator of the Village is hereby authorized
to locate, designate and control the number of taxicabs that shall
be allowed to stand at any location designated by the Village Board
of Trustees as a public taxicab stand. Only permitted taxicabs, in
such manner as the Village Administrator shall designate, may remain
at a stand while waiting for employment, and such taxicabs shall be
pointed in such direction as shall conform to traffic regulations.
A.
Every taxicab is required to go to any part of the Village at the call of any patron and upon tender of the fare at the proper time in the amount provided herein. Refusal of a driver to accept a patron on the grounds that his taxi is not going in the direction requested will be considered a violation of this rule. This rule is subject to modifications only as provided in Subsection B of this section.
B.
For the convenience of patrons arriving on incoming trains, the direction
(east, west, north or south) requested by the first patron to board
a taxicab in the Long Island Rail Road Depot area will determine the
direction to be taken by the taxicab. As nearly as practicable, patrons
are to be taken to their destination in the order of their entering
the taxicab.
C.
Upon request for taxicab service by telephone to a taxicab office
or by any other means of communication, the person receiving the call
shall, upon request, identify himself and the company, giving the
names of both. If no taxicab is available, the patron must be notified
to that effect.
D.
Patrons are not to be coerced, cajoled or threatened in selection
of a taxicab they wish to patronize by any taxicab operator, owner
or representative; nor shall any taxicab operator be discourteous
to persons while they are passengers in such taxicab or while they
are seeking transportation.
E.
Taxicab operators are forbidden to demand or suggest that any passenger
pay more than the established rate for transportation to his destination.
F.
No special service of favoritism in treatment is to be given to any
person or passenger at the inconvenience of another.
G.
Regulations for drivers.
(1)
No taxicab driver shall sit in the passenger compartment of a public
taxicab, nor permit anyone who is not a passenger to do so while on
a public taxicab stand.
(2)
Every taxicab driver shall be in immediate calling distance from
his taxicab and shall have his taxicab under visual surveillance at
all times while the taxicab is on a public taxicab stand.
(3)
If a taxicab driver is forced to leave his taxicab for any reason
whatsoever, he shall remove, or cause to be removed, his taxicab from
the public taxicab stand, and any other permitted taxicab may then
move into the space then vacated.
(4)
No taxicab driver shall leave the doors of his taxicab open while
such taxicab is on a public taxicab stand, except for the purpose
of taking on and discharging passengers.
(5)
Any permitted taxicab driver has the right to stop and take his position
on any taxicab stand where there is a vacancy.
(6)
Overcrowding or "crashing" in a public taxicab stand will not be
permitted.
(7)
There shall be no more than one passenger in the front compartment
of any taxicab.
H.
A taxicab driver shall notify the Village Administrator of any change
of address or the loss of his taxicab driver's permit within
48 hours after such change of address or loss of his taxicab driver's
permit.
I.
No taxicab company license shall be issued and no taxicab company
shall operate in the Village of Massapequa Park unless a regular place
of business is maintained within a business district of the Village
for the dispatching of the taxicabs by the company.
J.
No taxicabs shall be dispatched from a location in any residential-zoned
area of the Village, and no taxicabs shall be stored or parked in
any residential-zoned area of the Village, except to pick up or discharge
passengers. In the event that a taxicab is disabled, it must be removed
from the public streets as soon as practicable, but in no event shall
a disabled taxicab remain on a public street or in a public parking
area for more than 12 hours.
A.
There shall be posted conspicuously and permanently over the glove
compartment the taxicab permit and the taxicab driver permit.
B.
The schedule of fares shall be conspicuously posted in the interior
of the taxicab.
C.
The name and telephone number of the taxicab company operating the
vehicle shall be prominently displayed on the exterior of the vehicle
on each front door, and the taxicab permit number shall be prominently
displayed on the rear of the vehicle.
In accordance with § 181 of the General Municipal
Law of the State of New York, the number of taxicab permits to be
issued under this chapter is hereby limited to 10. Application for
renewal shall be filed not less than 15 days nor more than 30 days
prior to the expiration of the license. The Board of Trustees may,
from time to time, by resolution, grant additional permits considering
the needs of the community.
A.
The rate of fare which shall be charged by taxicab operators for
transportation of passengers within the Incorporated Village of Massapequa
Park shall be set by resolution duly adopted by the Board of Trustees
of the Incorporated Village of Massapequa Park and entered in its
minutes
B.
Nothing herein contained shall be deemed to modify or affect the
fares charged by taxicab operators for transportation of senior citizens,
i.e., persons over the age of 65 years, pursuant to a program subsidizing
the transportation of senior citizens and implemented by resolution
of the Board of Trustees now or hereafter adopted.
C.
It shall be unlawful to charge or attempt to charge any person a
greater rate of fare than that which the taxicab is entitled to under
the provisions of this chapter.
Besides the penalties provided for violation of any section
of this chapter for which a specific penalty is designated, the holder
of any license or permit hereunder, upon conviction for any violation
of this chapter, shall be subject to suspension or revocation of his
license or permit, upon the order of the Village Administrator being
filed with the Village Administrator and notice, in writing, of the
revocation or suspension being given to the licensee or permittee.
Any revocation or suspension made hereunder may be appealed by the
licensee or permittee to the Board of Trustees by a notice of appeal,
in writing, filed with the Village Administrator within 10 days after
said revocation or suspension. The Board of Trustees shall hear and
decide any appeal within 30 days of filing.
In case the person violating any provision of this chapter is
a corporation, the officer, agent or employee thereof who shall violate
or procure, aid or abet any violation of any of the provisions of
this chapter or permit the operation of any taxicab or vehicle for
hire contrary to the requirements thereof shall be subject to the
same penalties as if he himself were personally operating such vehicle
at the time such violations were committed.
This chapter shall be known and may be cited as the "Taxicab
Local Law of the Incorporated Village of Massapequa Park."
Any person who shall violate the rate posting provisions of
§ 503-13A shall be punishable as provided in General Business
Law § 396-p. Any person who shall violate any other provision
of this chapter shall, upon conviction, be subject to a maximum fine
of $250 or a maximum term of imprisonment of 15 days, or both, for
each offense, and to the suspension or revocation of any permit hereunder
held by him.
