It shall be unlawful for any person to drive, operate, offer
or keep for hire or charge within the limits of the Town any taxicab
without first having obtained and paid for a taxi driver's license
and a taxicab vehicle license, and all other licenses and permits
required by law, and causing the same to be and remain in force and
effect at all times under the provisions of this chapter.
A.
No person shall drive a taxicab and no person shall permit anyone
to drive a taxicab within the limits of the Town without such driver
having first obtained and paid for, and having in force and effect
at all times, both a valid New York State driver's license of the
appropriate class and certification, including but not limited to
any required chauffeur's license, and a taxicab driver's license issued
under the provisions of this chapter. Any taxicab company, taxicab
owner or taxicab operator who allows any driver to operate a taxicab
without said licenses as required by this section shall be in violation
of this section and subject to prosecution separate and aside from
any driver who operates a taxicab in violation of this section. It
shall be the duty of every taxicab company, taxicab owner or operator
to ensure all drivers permitted to operate a taxicab possess the required
licenses under this section.
B.
In addition to the penalties provided for in § 198-32, when a taxicab is found to be operating in violation of this chapter, the operator shall be assessed a civil penalty by the City Clerk as follows: $500 per violation. Failure to pay such fee could result in the suspension or revocation of the operator's taxicab licenses pursuant to § 198-32. The operator may appeal such civil penalty pursuant to § 198-26.
Each applicant for a taxicab driver's license must comply with
the following and provide the required information to the satisfaction
of the Chief of Police. Any incomplete application will be rejected
and returned to the applicant to be re-filed. If an application is
rejected two times for being incomplete, the applicant will be required
to begin the application process over and pay a new application fee.
A.
He/She must first have obtained all required state licenses, including
a state chauffeur's license, if applicable. The full residence address
of the applicant must be entered on the Department of Motor Vehicles
driver's license. Post office box numbers are not acceptable.
B.
She/He shall fill out, upon a form to be provided by the City Clerk,
a statement giving his full name, current residence, places of residence
for the five years immediately preceding his moving to his present
address, age, date of birth, height, color of eyes and hair, place
of birth, whether a citizen of the United States, places of previous
employment for the immediate past five years, whether married or single,
whether he has ever been arrested, or convicted of a felony or misdemeanor
or driving while intoxicated (DWI) or criminal charges involving illegal
drugs, whether he/she has any previous violations of this chapter;
whether he has been previously licensed as a driver or chauffeur and,
if so, whether his license has ever been revoked and for what cause,
and the number of the chauffeur's license issued by the state, and
the company name, business address and telephone number from which
the applicant will operate and/or drive any taxicab, which statement
shall be signed and sworn to by the applicant and filed with the City
Clerk as a permanent record.
C.
He/She shall additionally submit the following:
(1)
The results of a drug screening test performed within 10 days of
the date of the applicant's submission, from a laboratory certified
to perform toxicology tests and certify the results thereof by the
New York State Department of Health and which performs drug abuse
testing, indicating the applicant does not use amphetamines, barbituates,
benzodiazephines, benzoylecgonine, ethanol, fentanyl, methadone, opiates,
phencyclidine, propoxyphene, THC-cannabinoids, and tricyclic antidepressants,
unless prescribed by a licensed health care provider who attests,
in writing, that such drug, when consumed by the applicant, in no
way impairs the applicant's ability to operate a motor vehicle. The
Chief of Police, or his designee, reserves the right to request an
independent review, by a licensed health care provider, of any positive
drug test accompanied by an attestation which states that such positive
drug test in no way impairs the applicant's ability to operate a motor
vehicle. The applicant shall be responsible for all costs associated
with the test required for application and renewal as may be required
by the Chief of Police.
(2)
A copy of his current New York State Department of Motor Vehicles
driver's license abstract; and true and accurate copies of certificates
of disposition for any and all arrests of such applicant.
(3)
Each application for a driver's license shall contain the following
statement: "Pursuant to the New York State Penal Law, § 210.45,
it is a crime punishable as a Class A misdemeanor to knowingly make
a false statement herein."
D.
The Chief of Police is hereby authorized and empowered to require
such additional information as same shall be reasonably related to
the applicant's fitness and/or eligibility as he may deem necessary
from any applicant for any license required by this chapter. The Chief
of Police is hereby authorized to waive the production of any information
from any applicant as may otherwise be required under this chapter
if in his opinion such requirement is unreasonable, unnecessary, inappropriate
or unjust under the circumstances.
A.
Each applicant for a taxicab driver's license shall file with his
application clear images, inked prints or other impressions of the
fingers of his right and left hands to the satisfaction of the Chief
of Police. Such impressions shall be placed upon forms furnished by
the City Police Department, the impressions to be taken under the
supervision of its Chief of Police or someone designated by him, at
such place or places as may be designated by such licensing official.
Each applicant shall also file two unmounted, unretouched photographs
of himself, size 2 1/4 inches by 2 1/4 inches, taken within
30 days preceding the filing of the application. The filing required
by this section shall be accompanied by a yearly application fee of
$10 and a triannual nonrefundable administrative fee of $200,[1] which includes the cost of a triannual fingerprinting
fee. The City Police Department is hereby authorized to submit such
fingerprints to any agency of the State of New York or subdivision
thereof for the purpose of conducting a criminal history and background
check for such applicant, which shall be used to evaluate and determine
the qualifications and fitness of such applicant to be issued a license
hereunder. Any incomplete application will be rejected and returned
to the applicant to be re-filed. If an application is rejected two
times for being incomplete, the applicant will be required to begin
the application process over and pay a new application fee.
[1]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
B.
Applications, with photographs, fingerprint images and/or impressions
and drug tests attached, shall forthwith be sent to the Chief of Police,
and no license shall be issued under the provisions of this chapter
until the approval of the issuance of such license(s), in writing,
from the Chief of Police has been received by the City Clerk. The
Police Department shall conduct an investigation of each applicant
for a taxicab driver's license, and the report of this investigation
and a copy of the traffic and police record, if any, shall be attached
to the application and filed with the City Clerk. The Chief of Police
shall refuse to issue or renew a driver's license if the driver:
(1)
Does not meet a qualification for a license;
(2)
Has made a material false statement on the application;
(3)
Has submitted a drug screening test with a positive result or has
refused to submit to a test or has failed to provide a test result
or information regarding same;
(4)
Has been convicted of, pled guilty to or forfeited bond or collateral
upon any of the following charges, whether the conviction, plea or
forfeiture occurred in the State of New York or elsewhere:
(a)
Any offense which constitutes a "serious offense" as the term
is defined by § 265.00 of the Penal Law of the State of
New York or any act supplementary thereof or amendment thereto; or
(b)
Any felony offense for which the conviction, plea or forfeiture
occurred within seven years of the date of application; or
(c)
Any sex offense, regardless of the date of occurrence; or
(d)
Any offense involving the sale of a narcotic, controlled substance
or marijuana or driving while intoxicated, driving while ability impaired,
or reckless driving; or
(e)
Any penal law offense committed during the course of, or in
the furtherance of, employment, management or ownership of a taxicab,
for-hire vehicle, for-hire vehicle company, or a taxicab company;
or
(f)
Unfit applicant or licensee: if the applicant, in the opinion
of the Chief of Police or his designee, is not fit to be a licensee
hereunder in the best interest of the general public welfare and safety
or for a specific breach of one or more of the requirements of this
chapter;
(5)
Has accumulated, within the past 36 months, six or more points on
his or her driver's license, as such points are determined by the
Department of Motor Vehicles of the State of New York;
(6)
Has outstanding traffic tickets in any court of competent jurisdiction
which, if convicted, would result in the applicant accumulating six
or more points as such points are determined by the Department of
Motor Vehicles of the State of New York;
(7)
Has had any taxicab driver's license or a similar license or permit
revoked; or
(8)
Has three or more violations of this chapter within the previous
24 months.
C.
The Chief of Police shall notify the applicant, in writing, of any
refusal to approve any application, and the reason therefor.
A.
Issuance and form. Upon satisfactory fulfillment of the foregoing
requirements and upon the payment of a nonrefundable Town driver's
license fee of $80, $50 of which shall be remitted to the Town Comptroller,[1] the City Clerk shall issue to the applicant a license
which shall be in such form as to contain a photograph and signature
of the licensee and blank spaces upon which a record may be made of
any arrest of or such complaint(s) against him as may be required
by the City Chief. Each license shall be stamped by the Seal of the
City upon at least a portion of the photograph. All licenses shall
be numbered in the order in which they are issued and shall contain
the driver's name and expiration date of the license.
[1]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
C.
Duration. Taxicab driver's licenses shall be valid for one calendar
year from the date of issue and shall remain valid unless otherwise
revoked or suspended for the next succeeding calendar year up to the
anniversary of the date of issue.
D.
Display. Each such license shall be placed in a transparent plaque
or frame the size of four inches by six inches and shall at all times,
when the driver is operating the cab for hire, be attached inside
the taxicab in a position readily visible to the passengers of said
taxi and to persons looking in or through the window of the rear door
on the right or passenger side thereof.
E.
The City Clerk shall promptly send copies of each license that is
issued to the Clerk of the Town of Poughkeepsie and the Chief of Police
of the Town of Poughkeepsie.
F.
Any applicant will be permitted to file a dual license application
which would entitle the license holder to operate both a taxi and
for-hire vehicle in the Town. The fee for such application shall be
$75.[2] Any licensee who does not possess a valid dual license
shall only be permitted to operate under the authority of the license
he/she holds.
[2]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
A.
When applying for a renewal of a taxicab driver's license, every
applicant shall make such application at least 30 days prior to its
expiration upon a form to be furnished by the City Clerk, entitled
"Application for Renewal of Taxicab Driver's License," which shall
be filled out with the full name and address of the applicant, together
with a statement of the date upon which the original license was granted
and the number thereof and such other information as the City Chief
and other City licensing officials may deem necessary. Such application
for renewal shall be accompanied by a nonrefundable fee of $140, including
$50 which shall be forwarded to the Town Comptroller, $50 for a background
check, $10 for the application and $30 for the license.[1] The driver shall submit with such application the results of a drug screening test performed within 10 days of the date of the application's submission in accordance with the requirements of § 198-4C above. Any incomplete application will be rejected and returned to the applicant to be re-filed. If an application is rejected two times for being incomplete, the applicant will be required to begin the application process over and pay a new application fee.
[1]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
B.
Each application for renewal of license shall contain the following
statement: "Pursuant to the Penal Law, § 210.45, it is a
crime punishable as a Class A misdemeanor to knowingly make a false
statement herein."
C.
Provided that the applicant for renewal submits an application more
than 30 days prior to the date his/her taxicab license is set to expire,
he/she may apply to the City Clerk for a temporary license, which
shall remain in full force and effect until a determination is made
on his/her application for renewal. If such application for renewal
is denied, the applicant shall surrender such temporary license immediately
to the City Clerk.
D.
Applications for a renewal of a taxi driver's license submitted less
than 30 days before the expiration date of same shall be treated as
a new application according to the requirements of this chapter.
Such licenses shall not be transferable. No license fee shall
be prorated or refunded. Each fee in its entirety shall accompany
each application therefor.
A.
It shall be unlawful for any person to drive, operate or permit to
be operated a taxicab upon the streets of the Town or to solicit or
pick up taxicab passengers within the Town without first having paid
a nonrefundable fee as provided for herein for each such vehicle so
licensed and without first having obtained for each such vehicle a
taxicab vehicle license under the provisions of this chapter from
the City Clerk. The calendar year for vehicle licenses shall be May
1 to April 30 unless sooner revoked or suspended. It shall be unlawful
for any person to drive, operate or keep for hire or pay within the
limits of the Town any taxicab not equipped or inspected as required,
or which does not display the inspection sticker as required herein.
The fee for each vehicle so licensed by the Town shall be $250, until
further amended by the Town Board.[1]
[1]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
B.
The annual fee for the Town of Poughkeepsie for each vehicle so licensed
on or after the effective date shall be $250,[2] until further amended by the Town Board, collected by
the City Clerk and forwarded to the Town Comptroller. This fee is
in addition to the City licensing fee of $250 and the background check
and other fees which are payable to the City of Poughkeepsie.
[2]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
C.
For each vehicle licensed as a taxicab hereunder, the City Clerk
shall issue two stickers of uniform design. Each sticker shall display
a unique number as provided in this section and shall show the expiration
date of said taxicab vehicle license. Stickers shall be affixed to
both the bumper and the side of the vehicle for which same shall have
been issued, so as to be clearly visible. Each taxi company shall
be assigned a unique number and each vehicle operated by each such
company shall be assigned a unique number with said company; thus,
each vehicle shall have a unique number in the form AB-CD, where "AB"
is the number assigned to the company and "CD" is the number assigned
to each vehicle operated by each such company.
D.
The acceptance by an owner or operator of a license or permit issued under this chapter is conditioned upon and shall be sufficient evidence of the continuing consent of such owner or operator and of the driver of each and every taxicab vehicle to display the public notice as required by and described in § 198-16B(20) of this chapter, and to consent to any such stop and visual inspection by any police officer as described in such public notice as provided by the Poughkeepsie Police Taxi Inspection Safety Program.
E.
The City shall issue new stickers as described in this section annually
or at such other times as the City shall determine to be appropriate
and necessary. The cost of vehicle stickers shall be shared equally
by the City and Town of Poughkeepsie.
F.
There shall be a statement from the Building Inspector or a certificate
of occupancy for the location in which the taxicab operator is located
and vehicles are to be stored that said location(s) and premises are
in compliance with the municipality's Building and Zoning Ordinance[3] and that such location is of sufficient size to accommodate
the operator's vehicle fleet.
One application for each taxicab vehicle license shall be made
by the owner or other person with legal authority over same upon forms
furnished by the City Clerk. Any incomplete application will be rejected
and returned to the applicant to be re-filed. If an application is
rejected two times for being incomplete, the applicant will be required
to begin the process over and pay a new application fee. Such application
shall contain:
A.
The name, age and residence of the person applying for the license,
proof of his ownership and/or legal authority over each such vehicle,
and what, if any, previous experience he has had in the business of
owning, furnishing, leasing, operating, driving, repairing or other
enterprises in connection with providing transportation or related
services for hire or charge.
B.
For each such vehicle, the type of motor vehicle to be used, the
horsepower, the vehicle identification number, the state license and
registration numbers, any periods during which the vehicle has been
used as a taxicab or vehicle for hire, and the seating capacity according
to its trade rating.
C.
Whether and when the vehicle has ever been previously licensed to
operate as a taxicab or vehicle for hire and, if so, where.
D.
Whether such vehicle's license to operate as a taxicab or vehicle
for hire has ever been revoked or suspended, when, and for what cause.
E.
Such other information as the Chief of Police may deem necessary,
including but not limited to any and all information concerning the
current and former state and history of repairs to such vehicle.
F.
A copy of the New York State vehicle registration and expiration
date of current New York State motor vehicle inspection and sticker
number. The full address of the registered owner must be on the Department
of Motor Vehicles registration. Post office box numbers are not acceptable.
G.
Miscellaneous.
(1)
Each taxicab vehicle license application shall contain the following
statement: "Pursuant to the Penal Law, § 210.45, it is a
crime punishable as a Class A misdemeanor to knowingly make a false
statement herein."
(2)
Any false statements by the owner, applicant, operator and/or driver
for a taxicab vehicle license or permit shall be reported to the Police
Departments. The City Clerk is hereby authorized and empowered to
require such additional information as may be deemed necessary by
the City Clerk and/or by the Chief of Police.
(3)
The application must include the approved assigned unique official
taxicab vehicle number assigned by the City Police Department, which
shall be added to such application by the applicant, City Clerk or
Chief of Police when such application is approved.
A.
Reasons. The Chief of Police or his designee may suspend, cancel
or revoke any license issued pursuant to this chapter and may refuse
to approve an application or renewal of same for any of the following
reasons:
(1)
Conviction: the conviction of the applicant or licensee of a felony
or any crime or offense involving violence, dishonesty, deceit, indecency,
degeneracy, moral turpitude, gambling, frequent public intoxication,
or illegal use, sale or possession of drugs. The Chief of Police shall,
nevertheless, apply the standards of licensure and employment of persons
previously convicted of one or more criminal offenses embodied in
Article 23-a of the Correction Law.
(2)
False application: if the licensee or applicant has made a material
false statement or concealed a material fact in connection with the
application for a license or the renewal thereof.
(3)
Violations: if the licensee, principal(s) of any entity owning or operating a taxicab company, or any driver operating a taxicab licensed to such licensee has violated any provisions of this chapter and/or Poughkeepsie City Code Chapter 18:
(a)
Five or more times in the 24 months prior to the date of application
when the taxicab company owns or operates no more than six taxicabs;
(b)
Ten or more times in the 24 months prior to the date of application
when the taxicab company owns or operates seven to 12 taxicabs;
(c)
Fifteen or more times in the 24 months prior to the date of
application when the taxicab company owns or operates 13 or more taxicabs;
(4)
Prior revocation or suspension: if the applicant, any officer, director,
stockholder or partner or any other person directly or indirectly
interested in the application for a taxicab license was the former
holder or was an officer, director, partner or stockholder in a corporation
or partnership which was the former holder of a taxicab license which
had been revoked or suspended.
(5)
True ownership requirement: if the applicant or taxicab owner is
not the true owner of the vehicle or the taxicab business.
(6)
Unfit applicant or licensee: if the applicant, in the opinion of
the Chief of Police or his designee, is not fit to be a licensee hereunder,
in the best interest of the general public welfare and safety or for
a specific breach of one or more of the requirements of this chapter.
B.
Any taxicab owner found to be operating a taxicab, or causing a taxicab
to be operated, with a revoked or suspended right to operate a taxicab
shall be assessed a civil penalty by the City Clerk as follows: $1,500
per violation.
C.
Hearings.
(1)
Notice. Any suspension, cancellation or refusal to issue a license
or to renew a license made hereunder shall be by written notice issued
by the Police Chief, or his designee, to the applicant or licensee,
with a copy to the Clerk of the Town of Poughkeepsie and a copy to
the Chief of Police of the Town of Poughkeepsie. Said notice shall
include a statement that the applicant or licensee is entitled to
demand a hearing, provided such demand is made in writing to the Police
Chief, and such hearing shall be conducted within 14 business days
after the applicant's or licensee's request for a hearing is received
by the Chief of Police or his designee.
(2)
Demand for hearing. Any demand for a hearing must be made within
10 days after mailing of the notice of the suspension, revocation
or refusal to issue or renew a license or permit.
D.
Surrender of license or permit. In the event of a suspension or cancellation,
as provided for herein, of a taxicab operator's or owner's license,
the holder thereof shall deliver the license and any badge issued
in conjunction therewith to the Commissioner of Public Safety.
There shall be kept in the office of the Town Clerk a complete
record of each license or permit issued to taxicab drivers and owners
and of all renewals, suspensions and revocations thereof which have
been forwarded to the Town Clerk by the City of Poughkeepsie.
A.
No vehicle shall be licensed as a taxicab hereunder unless it has
a "for hire" insurance policy in effect. No vehicle shall be licensed
as a taxicab hereunder unless it is insured by a public policy for
damages for death or injuries to persons in the amount provided in
the laws, rules and regulations established by the State of New York
as the minimum required of any vehicle operated as a taxicab.
B.
The City Chief shall refuse a taxicab vehicle license or, if already
issued, the City or the Town Chief, or his designee, shall revoke
or suspend a license if the vehicle is unsuitable for public patronage,
by virtue of being unsafe or out of compliance with any applicable
law, rule or regulation, or if, in the discretion of the Chief, the
design, capacity or other specifications of such vehicle render it
unsuitable for use as a taxicab.
C.
Any owner of a taxicab company must provide proof of workers' compensation
insurance to the City of Poughkeepsie, and the City and Town must
be named as certificate holders. A sole proprietor shall be required
to file proof of exemption from workers' compensation coverage.
If, upon inspection, a vehicle is found to be in proper condition
and in compliance in accordance with the provisions of all applicable
laws, rules and regulations, and upon the approval of the application
for a taxicab vehicle license and the payment of the license fee hereinafter
set forth, such vehicle shall be licensed by delivering to the owner
a card of such size and form as may be prescribed by the City Chief.
The card shall contain the official license number of the taxicab
vehicle and a statement to the effect that, in case of complaints,
the City and Town Chief of Police shall be notified, giving the license
number of the taxicab and the telephone number and address via which
such complaints may be made. Such card shall be signed by the City
Chief. The taxicab vehicle license number assigned hereunder shall,
in each case, be the same as that assigned to the vehicle for that
year pursuant to law. Taxicab vehicle license cards must be displayed
in a prominent place visible to all passengers in the taxicab vehicle
for which the license card is issued. For each such vehicle, the license
number shall correspond to the number appearing on the sticker required
to be affixed to the left rear bumper of each such vehicle as required
by this chapter.
A.
No vehicle shall be licensed as a taxicab pursuant to this chapter
until it has been inspected and examined and found to be in a thoroughly
safe condition for the transportation of passengers, clean, fit, of
good appearance, well painted in accordance with this chapter and
in complete compliance with all requirements of the Code of the Town
of Poughkeepsie and the Code of the City of Poughkeepsie and with
all other applicable laws, codes and regulations, including that each
such vehicle shall bear "taxi" license plates issued by the State
of New York Department of Motor Vehicles.
B.
Taxicabs are to be inspected by the City of Poughkeepsie central
garage or other facility designated by the City Police Chief. There
shall be an inspection fee of $50 paid to the City Clerk for each
vehicle inspected.[1]
[1]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
C.
Such inspection shall occur prior to licensing of such vehicle as
a taxicab, and thereafter twice per year.
D.
A copy of the inspection report shall be given to the vehicle owner
and/or operator and/or driver and the City Chief of Police at the
completion of the inspection.
E.
The inspection of the taxi shall include, but not be limited to, a review of the following, and shall also include an inspection of those items listed in § 198-16 of this chapter.
F.
Upon passing inspection, the City of Poughkeepsie Central Garage
or other inspection facility designated by the City Chief shall place
an inspection sticker, as identified by the City Clerk, both on the
rear bumper of the taxicab and shall notify the Town Clerk in writing
that such taxicab has passed inspection.
G.
Upon receipt of a report from any designated inspection station which
finds a taxicab to be unfit or unsuited for public patronage or which
shall fail to comply with the requirements of this chapter, the licensing
official shall refuse a license or shall revoke or suspend the license
previously issued.
H.
It shall be unlawful to possess or display a forged, altered or unauthorized
City/Town of Poughkeepsie inspection sticker.
I.
The Chief may additionally inspect or cause to be inspected all taxicabs
from time to time, as often as he may deem necessary for the public
health, safety and welfare. Said inspections shall not be evidence
to be used against the Town or City with respect to any claim of liability
and the Town and City assume no special duty or obligation to any
person with respect to same, but shall be evidence merely that the
licensee has had inspections made as required by this chapter.
A.
Taxi vehicle identification; fare cards.
(1)
The City Clerk shall issue a City/Town taxicab vehicle license to
each such vehicle, which shall assign a unique taxicab number as described
in this chapter to each vehicle so licensed. Taxicab markings must
be permanently displayed on both front doors of each vehicle. Markings
must include:
(2)
The taxicab number must also be permanently and visibly displayed
on the rear of such vehicle (left and right rear fenders, and left
side of trunk lid or tailgate).
(3)
Taxis shall each be numbered with a unique four-digit number. Companies
will be assigned a two-digit number (for example, Company A = 20,
Company B = 30, etc.). Each taxicab vehicle will be assigned a two-digit
number within each company. Thus, each vehicle shall have a unique
four-digit number, the first two indicating the company and the second
two indicating the vehicle within the company fleet. Numerical assignments
are to be approved by the City Chief or his designee.
(4)
Each taxicab vehicle shall prominently display on the outside of
the driver's side door and on the outside of the front passenger's
side door the schedule of fares for trips originating and ending within
the Town of Poughkeepsie, known as "in-Town trips," and originating
or ending within the City of Poughkeepsie and the Town of Poughkeepsie
("City-Town trips"), charged to passengers for the hire of such taxicab.
In addition, each taxicab vehicle shall prominently display such information
on a fare card in the interior of the vehicle such that it is clearly
visible and readable by all passengers.
(5)
The signs and numbers described herein as required must contain lettering
not less than three inches in height and three inches in width with
a quarter-inch paint stroke between each figure. Letter color must
contrast to the door color and be readable from a minimum distance
of 150 feet. The background of the sign must be of white reflective
material.
(6)
The City Clerk shall issue two stickers for each vehicle so licensed,
which shall be affixed to the left rear bumper of the subject vehicle
and elsewhere as designated by the City Chief. Each such sticker shall
display the unique four numbers assigned to such vehicle.
(7)
The exterior roof light must contain the name of the company or word
"Taxi" or "Taxicab" or "Cab." The exterior roof light must be permanently
mounted and lit when in service. The exterior roof light must be lit
to an extent to be clearly visible during daylight hours. It shall
be presumptive evidence that when a taxicab roof light is lit, the
taxicab is in service and in operation.
(8)
Each taxicab shall have a three-inch reflective strip the entire
length of the vehicle on the driver's side, rear and passenger sides.
B.
In addition to any requirements otherwise imposed by the Vehicle
and Traffic Law of the State of New York or by this chapter, each
licensed taxicab operating within the Town of Poughkeepsie shall at
all times remain in compliance with each of the following vehicle
requirements:
(1)
No vehicle shall be licensed as a taxi if it was manufactured 10
years or more prior to the date of registration or has more than 200,000
miles.
(2)
Every vehicle shall be kept mechanically fit, interior and exterior
kept in a clean and sanitary condition and shall at all times bear
a current New York State inspection sticker and Poughkeepsie taxi
license stickers issued by the City of Poughkeepsie.
(3)
Under no circumstances shall any two-door vehicle be licensed as
a taxicab. Vans, mini-vans and suburbans may be licensed and approved
for use as taxicab vehicles only if each such vehicle provides a seat
and a seat belt for each passenger and carries no more than 10 passengers
at any given time.
(4)
Every vehicle shall be equipped with an adequate heater of a type
which will not permit exhaust gasses to enter the interior of the
vehicle.
(5)
Every vehicle shall be equipped with at least three adjustable rear-view
mirrors, one in the driver's compartment and two exterior mirrors
installed on the exterior of the vehicle, one on the driver's side
door and one on the passenger side door.
(6)
Every vehicle shall be equipped with a standard speedometer properly
installed and maintained in good working order. No licensed vehicle
shall be operated in public while such speedometer is inoperative
or disconnected.
(7)
Every vehicle shall have either acceptable snow tires, all-weather
radial tires or tire chains on the drive wheels of such vehicle when
pavement conditions are such as to require said use for the safety
of the driver, passenger and the general public.
(8)
Every vehicle shall be equipped with dual windshield wipers properly
installed and maintained in good working order, which shall be operated
whenever weather conditions require. This shall include windshield
washers in proper working condition. In addition, each licensed vehicle
shall at all times remain in compliance with New York State regulations
requiring that headlights be turned on at any time windshield wipers
are in operation.
(9)
Every vehicle shall contain original or replacement upholstery and
floor mats in good and suitable condition for satisfactory use by
the public. In the event that original upholstery or floor mats are
found to be worn or otherwise deteriorated, such upholstery or floor
mats must be replaced prior to the use of the licensed vehicle for
conveyance of the public.
(10)
Every vehicle shall be equipped with an interior light capable
of illuminating the entire interior of taxicab after sundown. The
light shall be so arranged as to be automatically turned on by the
opening of any door to the vehicle and shall also have a switch easily
accessible to passengers.
(11)
Wherever glass is used in the construction of any licensed vehicle,
such glass shall be safety glass, clearly and permanently marked as
such and of a type approved by the Commissioner of Motor Vehicles
of the State of New York. All glass in said licensed vehicle shall
be in good condition and shall not contain air bubbles, cracks or
fractures. Glass shall not be tinted, except vehicles licensed prior
to the enactment of this chapter shall be allowed to have manufacturer-installed
tint only.
(12)
The fenders, bumpers and body of each licensed vehicle must
be rigidly and tightly fastened to said vehicle, free from significant
or extensive dents or mutilation and shall be so constructed as to
allow the full opening of all doors of the vehicle. The exterior of
the vehicle shall be properly maintained and painted and the finish
in good condition. This includes all exterior light lenses to be free
from cracks and to be the proper color.
(13)
The vehicle must be equipped with both front and rear window
defroster/defoggers. They are to be in proper working condition.
(14)
Every vehicle shall be equipped with hubcaps on all four wheels
or shall have uniformly painted wheels in lieu thereof.
(15)
Shades, window tinting of any degree or curtains are prohibited
on any taxicab unless permitted by New York State law.
(16)
New York State license plates, City inspection sticker and any
other licensing and inspection identification shall be placed and
maintained in such manner as to be clearly visible and unobstructed
at all times.
(17)
No licensed vehicle shall be equipped with any equipment which
is not reasonably useful or necessary to a safe, adequate and convenient
taxicab service to the public.
(18)
Each vehicle used as a taxicab shall be equipped with a roof
light which shall be illuminated by an electrically powered light
and controlled by the driver.
(19)
Each vehicle used as a taxicab shall comply with all applicable
federal, state and other laws, rules and regulations pertaining to
its use by and accessibility to persons with disabilities.
(20)
Each taxicab vehicle shall display upon the inside of both the
right and left passenger doors a sticker stating the following in
both the English and Spanish language in no smaller than eighteen-point
type in capital letters:
|
PUBLIC NOTICE/A VISO PUBLICO
THIS VEHICLE MAY BE STOPPED AND VISUALLY INSPECTED BY ANY POLICE
OFFICER AT ANY TIME TO ENSURE THE SAFETY OF THE DRIVER AND THE OCCUPANTS
AND COMPLIANCE WITH THIS CHAPTER
| |
|
ESTE VEHICULO PUEDE SER DETENIDO E INSPECCIONADO VISUALMENTE
POR LOS AGENTES DE POLICIA EN CUALQUIER MOMENTO PARA GARANTIZAR LA
SEGURIDAD DEL CONDUCTOR Y LOS OCUPANTES Y EL CUMPLIMIENTO DE ESTE
CAPITULO
| |
|
POUGHKEEPSIE POLICE TAXI INSPECTION SAFETY PROGRAM
PROGRAMMA DE INSPECCION DE SEGURIDAD DE TAXI DE LA POLICIA DE
POUGHKEEPSIE
|
(21)
Each taxicab shall prominently display in the interior thereof
visible to all passengers a sign or sticker written in both the English
and Spanish language in no less than eighteen-point type advising
that seat belts are available and should be used by all passengers.
C.
Taxicabs licensed in accordance with this chapter may be equipped
with partitions or shields made of Plexiglas or other shatterproof
material located between and effectively separating the front and
rear seats.
A.
Every company operating any taxicab shall designate an employee,
such as a dispatcher or other person, to keep and maintain a trip
sheet at all times during the operation of such taxicab(s). In addition,
every taxicab operator shall keep and maintain a trip sheet at all
times during the operation of such taxicab. Such trip sheet shall
record, at a minimum, the following information:
(1)
The name, driver's license number, taxicab driver's license number
and expiration date of each and every driver operating such vehicle
for the trips recorded on the trip sheet;
(2)
Date, commencement time in hour and minute(s) and origin point of
each trip for each passenger;
(3)
Date, drop-off or termination time in hour and minute(s) and destination
or termination location of each trip for each passenger;
(4)
Fare charged and collected for each trip for each passenger;
(5)
Date, time in hour and minute(s) and location of any accident(s)
or breakdown causing an interruption or discontinuance of the operation
of such taxicab, and a description thereof;
(6)
The issuance of any citation or violation of any law, rule or code
involving the operation of such taxicab and/or the conduct of the
driver of same.
B.
The operator of any taxicab business shall produce any and all such
trip sheets for any and all taxicabs operated, owned or controlled
by such persons upon demand therefor by any police officer, Chief
of Police or City Clerk.
C.
All such trip sheets shall be retained and kept on file and made
available for audit, examination and inspection by any law enforcement
or code enforcement officer at all reasonable times for a minimum
period of two years by every owner, operator and/or proprietor of
every taxicab and company operating and/or owning same.
D.
In addition to any requirements otherwise imposed by the Vehicle
and Traffic Law of the State of New York or by this chapter, each
licensed taxicab operating within the Town of Poughkeepsie shall at
all times remain in compliance with each of the following requirements
applicable to all owners and operators thereof:
(1)
Must maintain and furnish a current list of drivers and employees
to the Town Clerk and the City Clerk.
(2)
Must provide a letter to the Town and City Clerk upon the discharge
or termination for any reason of a driver and/or employee, giving
the reason for such discharge or termination.
(3)
Must promptly report to the Town and City Clerk the transfer of ownership
of any vehicle licensed by the City and concurrently turn in to the
City Chief of Police the taxicab vehicle license of such vehicle.
(4)
Must report, in writing, changes of address of the owner, operator
or driver of a taxicab to the Town and the City Clerk within three
days of said change.
(5)
Must maintain proper vehicle insurance for all owned or operated
taxis in accordance with New York State Vehicle and Traffic Law or
other laws, rules or regulations and report a revocation or cancellation
of insurance immediately to the Town and City Clerk. Proof that the
vehicle is covered by a current liability insurance policy shall be
attached to the application in the form of a certificate of insurance.
All owners of a taxicab company must provide proof of workers' compensation
insurance to the City of Poughkeepsie and the City must be named as
a certificate holder.
In addition to any requirements otherwise imposed by the Vehicle
and Traffic Law of the State of New York or by this chapter, each
licensed taxicab driver operating within the Town of Poughkeepsie
shall at all times remain in compliance with each of the following
driver requirements:
A.
Shall keep the interior and exterior of the taxicab in clean and
sanitary condition and shall at all times maintain the vehicle in
compliance with this chapter.
B.
Shall not smoke while the vehicle is carrying passengers.
C.
Shall at all times, while on duty, have displayed in the interior of the vehicle which he/she is operating his/her taxicab driver's license. The license shall be displayed as required in § 198-6 above.
D.
In the event a driver's appearance changes substantially, he shall
provide the Chief of Police with a new photograph and shall accompany
such photograph with an application fee of $2. Fifteen dollars shall
be the fee charged for a replacement license.[1]
[1]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
E.
Shall report to the police any unlawful act committed in, with or
in connection with his vehicle or any attempt to use his vehicle to
commit a crime or escape from the scene of a crime.
F.
Shall not permit any passenger in the taxicab except a paying fare
during such time as the taxi is being used for business purposes.
G.
Shall not operate a taxicab when there is snow or ice on the pavement
unless there are chains, all-weather radial tires or snow tires on
the drive wheels.
H.
While on duty, the driver shall state his/her name and employer's
name to any passenger or police officer on request. Also, it shall
be unlawful for any driver of any taxicab to misrepresent or withhold
the name of his employer or the business address and business telephone
of the same.
I.
Shall not cruise within the Town seeking passengers nor make any
personal solicitation on any street or other public place for passengers
to ride or hire any particular taxicab other than from immediately
adjacent to such taxicab while parked at a designated taxicab stand.
Taxicabs shall not stand on any public street or place other than
at or upon a taxicab stand designated by the Town.
J.
No vehicle licensed as a taxicab shall be used for the carrying of
any freight, goods or merchandise of any nature whatsoever while carrying
a fare unless such goods or merchandise are owned by the fare riding
with same.
K.
Carriage of infected persons. Should it be found by the owner, operator
or driver that a taxicab has been used to convey any person infected
with a contagious disease or if any blood or bodily fluids or discharges
have contaminated the passenger area of the taxi, such vehicle shall
not be used until it has been thoroughly cleaned and disinfected in
accordance with applicable laws, rules and regulations related to
public health.
L.
Any owner or operator shall not permit any one driver to operate
a taxicab more than 12 hours in any continuous twenty-four-hour period,
except the driver of a taxicab exclusively hired or engaged for special
trips or excursions.
M.
Shall not be permitted to carry more than five passengers, including
children, in a four-door sedan vehicle and shall not be permitted
to carry more than 10 passengers, including children, in a station
wagon, van, mini-van or suburban, as long as each such vehicle contains
a seat belt for every passenger.
N.
Shall not operate a taxicab if the vehicle has any equipment violations
as defined in this chapter or in the Vehicle and Traffic Law, § 375,
or other laws, rules and regulations.
O.
Must not consume alcohol or intoxicating drugs prior to or during
the driving or other operation of a taxicab. This excludes prescription
and over-the-counter medications which do not cause drowsiness, fatigue,
blurred speech or vision or other conditions which may impair the
ability to drive safely.
Q.
Shall not obstruct traffic. The driver shall pull to the curb to
pick up and discharge passengers. The driver shall not intrude upon
or obstruct pedestrian crossings, bus stops, loading zones, driveways,
intersections or other areas requiring the free and unobstructed flow
of traffic when stopped to pick up or discharge passengers.
R.
Shall provide a written receipt accurately stating the exact fare
paid by any passenger requesting same.
S.
Each and every operator and driver of a taxicab vehicle operating
as such in the Town of Poughkeepsie is required to accept as a paying
fare every orderly adult person, and shall not refuse to accept as
a paying fare any adult person on the basis of any disability, or
on the basis of their race, ethnicity, religion, sex, age, sexual
preference or other discriminatory basis or criteria prohibited by
law.
T.
Shall not illegally use, consume, possess or deal in intoxicating
liquors or drugs.
U.
Shall notify the City Clerk of the loss or theft of any City/Town
taxi license within 24 hours of its loss, exclusive of holidays and
weekends.
V.
Shall not alter, deface, or otherwise change or tamper with any portion
of the taxi license.
W.
Shall immediately surrender any taxi license issued by the City/Town
upon the suspension, expiration, restriction or revocation of the
driver's New York State Class A, B, C or E driver's license, or equivalent
license issued by a similar agency.
Taxicab licenses and taxicab driver's licenses may be revoked or suspended at any time for cause after a hearing by the Chief of Police, as provided herein. Cause includes, but is not limited to, violation of any sections of this chapter, conviction of a violation, misdemeanor or felony pursuant to the laws of the State of New York, transporting, soliciting or procuring any person to ride in a licensed taxicab for the purpose of commission of a crime. Licenses or permits shall be revoked if the vehicle shall be used for immoral or illegal purposes. Licenses and permits may be suspended or revoked for failing to be and remain in compliance with all applicable laws, rules and regulations. When the license is suspended, the taxicab driver's and/or vehicle license card herein provided for shall be retained by the Chief of Police and shall be returned only after the expiration of the suspension period, with suitable entry being made thereon by the City Chief or his authorized designee as to the reason for and duration of the suspension. The City Chief, upon determination to suspend a license, shall notify the holder of his decision in writing by certified mail and state the reasons for his action. The hearing provisions of § 198-11 shall apply to this section.
The City Clerk shall keep a register of the name of each person owning or operating or otherwise legally responsible for a taxicab vehicle licensed under this chapter, together with the license numbers of vehicles and drivers. Such record shall be open to the inspection of the public at all reasonable times, and supplied to the Town Clerk pursuant to § 198-12.
Every person to whom a license card, license or permit has been
issued under the provisions of this chapter shall, upon discontinuing
or abandoning the ownership, operation or driving of a taxicab, return
such license card, license or permit to the City Clerk unless such
card, license or permit has been lost or for other reason cannot be
restored. Such card, license or permit shall not be assigned or transferred
to any other person or be applicable to any motor vehicle other than
the one specified therein. Any licensee who permits his license, permit
or card to be used by any other person or for any vehicle other than
the one for which same was issued and any person who uses such license,
permit or card granted or given to any other person or who uses such
permit or license for a vehicle other than the one for which it was
issued shall each be guilty of a violation of this chapter. Notwithstanding
the foregoing, the owner or operator of a vehicle licensed as a taxicab
under this chapter may take such vehicle out of service as a taxicab
for any reasonable cause, such as damage, wear and tear, sale of the
vehicle, age of the vehicle or other. In such case, such owner or
operator may apply to the City Chief for permission to transfer the
license issued to such vehicle to another vehicle to be put in service
as a taxicab to replace the vehicle originally licensed. Such application
shall include all the information pertaining to the replacement vehicle
required for a taxicab vehicle license, and such replacement vehicle
shall meet all the requirements applicable to taxicabs, as required
by this chapter. Such application to transfer such taxicab vehicle
license shall be accompanied by a nonrefundable transfer application
fee of $100.[1]
[1]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
Whenever a license, permit, badge or card shall be lost, stolen
or destroyed, without fault on the part of the holder, his agent or
employee, a duplicate in lieu thereof, under the original application,
may be issued by the City Clerk upon the filing of a sworn affidavit
containing the facts of such loss or theft and upon the payment of
the cost of such duplicate license, permit, card, badge or tag. The
replacement fee for a lost, stolen or destroyed license, permit, badge
or card shall be $25.[1] Notice of the issuance of such duplicate, with a copy
thereof and a copy of the affidavit required hereunder, shall be provided
by the City Clerk to the City Chief.
[1]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
Taxicab stands may be established by police regulation or by
ordinance and subject to such approval as the Town Board may require,
and shall be used only by taxicab drivers in the order of their arrival
at said stand. Taxicab stands may be used only by licensed taxicabs
then available for hire and being driven only by licensed taxicab
drivers.
No taxicab, while awaiting employment, shall stand or travel
on any public street except when stopped at a stand designated in
accordance with this chapter. Taxicabs shall not cruise or operate
on the streets of the Town of Poughkeepsie without a fare under hire
for the purpose of soliciting business. No person shall solicit passengers
from any point other than immediately adjacent to his taxicab. A taxicab
driver shall remain at all times inside his or her vehicle or within
five feet of such vehicle while parked at designated taxicab stands.
Taxicabs shall not cruise or operate on the streets of the Town of
Poughkeepsie, without a fare under hire, for the purpose of soliciting
business. No taxicab owner, operator or driver shall employ radios,
telephones, or other methods or means of remote communicating in order
or so as to preempt, intercept, precede or otherwise interfere with
any other driver or operator of a taxicab which has lawfully been
called, appointed or retained to serve a fare.
A.
Except as provided in Subsection B of this section, the rate of fare for the transport of passengers and/or baggage to and from destinations within the City and Town of Poughkeepsie shall be no more than $5 for the first four miles and $2 for each additional mile. A fee of no more than $2 may be charged for each additional passenger who originates and terminates at the same location.[1]
[1]
Editor's Note: Pursuant to L.L. 13-2021, adopted 11-3-2021,
effective 1-1-2022, all fees will be in a Fee Schedule maintained
in the Town offices, which fees may be amended from time to time by
resolution.
B.
Passengers who are 65 years or older from any point having its origin
within the City of Poughkeepsie to any point having its destination
within the City of Poughkeepsie shall be discounted 10%.
C.
Owners, operators and drivers must display fare rates visible to
all passengers.
D.
Owners must submit along with the taxi vehicle license application
their established fare rate for transports within, through and outside
the Town limits.
E.
The soliciting of tips, gratuities or any charges in addition to
those authorized herein is prohibited. This clause shall not prohibit
the voluntary offer or acceptance of a tip or gratuity.
F.
No person shall charge or attempt to charge any passenger a greater fare than that to which the taxicab driver is entitled to collect under the provisions of this chapter. In addition to the penalty provisions provided in § 198-3, any person who charges any passenger a greater fare than that to which the taxicab driver is entitled to collect shall be liable to pay restitution to the person so overcharged.
G.
If a taxi waits for more than five minutes for a passenger at the
passenger's request, there may be a charge for waiting of $1 for each
five minutes or fraction thereof after the first minutes.
H.
Transport of animals.
(1)
There is no additional charge for carrying a guide dog accompanying
a blind person or a hearing-impaired person, or other person whose
physical or medical condition requires the assistance of such animal,
and no driver shall refuse or decline to carry a passenger or fare
for the reason that such person is accompanied by such an animal.
(2)
Drivers may refuse to transport any other animal unless the animal
is securely enclosed in a kennel case which can be reasonably accommodated
by such vehicle, or is otherwise reasonably secured in accordance
with the size, kind and nature of such animal.
I.
The Schedule of Fares herein established may be amended by resolution
of the Town Board.
A.
Prepayment. Every driver of a taxicab shall have the right to demand
payments of the legal fare in advance and may refuse employment unless
so prepaid, but no driver of a taxicab shall otherwise refuse or neglect
to convey any orderly person or persons upon request to any lawful
destination anywhere in the Town or City, unless previously engaged,
off duty or otherwise lawfully unable to do so.
B.
Disputed fares. All complaints as to fares shall be submitted, in
writing, to the City Clerk on a form provided by the City. The complaint
shall provide a brief description of the nature of the facts, the
date, time and place of the incident, the name of the taxicab company
and operator, if known, and the name, address and telephone number
of the person making the complaint. The same will be forwarded to
the Chief of Police or his designee for review and investigation.
The taxicab owner or operator shall have an affirmative obligation
to provide the relevant trip sheet to the Chief of Police or his designee
in furtherance of his investigation. Failure to provide said trip
sheet to the Chief of Police or his designee shall result in an automatic
finding in favor of the complainant. Within 30 days from the date
the complaint form is submitted to the City Clerk, the Chief of Police
or his designee shall issue a written finding, which shall be provided
to the complainant and taxicab company and/or operator.
C.
Penalties. When a taxicab owner or operator is found to be in violation
of the fare provision, the owner or operator shall be assessed a civil
penalty by the City Clerk in the amount of $100 per violation. In
addition to the civil penalty assessed, any taxicab owner or operator
found to be in violation of the fare provision shall be required to
reimburse the complainant in the amount found to have been overcharged
by the Chief of Police or his designee after his investigation. Said
reimbursement funds shall be collected by the City Clerk in the form
of a check or money order made payable to the complainant. The City
Clerk shall notify the complainant of the receipt of reimbursed funds
using the contact information provided by the complainant in the form
described in Subsection 1B. The City Clerk shall make reasonable efforts,
including telephone contact and/or regular mail correspondence, to
locate the complainant and provide said funds. In addition to the
amount to be reimbursed to the complainant, any outstanding civil
penalty shall be reassessed at the time of the owner's or operator's
license renewal. No license pursuant to this chapter shall be issued
if any civil penalty is unpaid at the time of renewal. Any operator
found in violation of the fare provision three or more times may have
his or her taxicab driver's license, vehicle license or license to
operate suspended or revoked by the Chief of Police or his designee.
A.
Whenever a passenger in a taxicab asks for a receipt for the fare
paid by him, it shall be given to him by the driver. Such receipt
shall show the name of the driver, the name of the owner of the taxicab,
the number of the taxicab, the time when the trip began and ended,
the origin, any stops, and final destination of the trip, and the
amount of fare collected.
A.
No person shall be allowed to ride on the front seat of any taxicab
next to the driver except paying passengers, and any driver who shall
permit this can be deprived of his license via suspension or revocation
of same by the City Chief. It shall be the duty of all police officers
to issue violations to offenders and notify the City Chief of any
violation of this provision.
B.
Carrying additional passengers. No driver of a licensed taxicab shall
carry any person(s) other than the passenger first employing a taxicab
without the consent of such first passenger. No person shall be required
to ride in or to pay for a called taxicab if the same is already occupied
by another passenger without his consent. No person shall be required
to ride in a taxicab if the driver of same takes on additional passengers
without his consent.
Every driver of a taxicab shall at all times comply with the
ordinances of the Town of Poughkeepsie, and all other applicable laws,
rules and regulations, prohibiting loud or unnecessary noise in disturbance
of peace and quiet.[1] Taxicab drivers violating this section are subject to
any and all penalties provided for violations of this chapter, including
but not limited to suspension and/or revocation of said driver's taxicab
driver's license, and/or the taxicab vehicle permit or license issued
to such vehicle. This shall be in addition to and not instead of subjecting
such offender to other penalties prescribed by the Town Code and any
other law for violating such other laws or ordinances prohibiting
loud or unnecessary noise.
A.
It shall be unlawful for any licensed driver of any taxicab to misrepresent
his own name, and/or the name of his employer, or knowingly to receive
or transport any person or persons who intend any unlawful act in
such vehicle, during the voyage or at the termination thereof, whether
within such vehicle or not. It shall be unlawful for any such driver
to solicit or procure or to aid or assist in soliciting or procuring
any person to ride in a licensed taxicab with the intent of the driver
or of any or all passengers to commit any unlawful act therein or
at any time during the voyage or immediately following the termination
thereof, whether within the vehicle or not.
B.
It shall be unlawful for any licensed driver of any taxicab to solicit
and/or procure the sale or distribution of controlled substances.
It shall be unlawful for any licensed driver of any taxicab to solicit
and/or procure any person to ride in a licensed taxicab for the purpose
of sale or distribution of controlled substances.
C.
Operating a vehicle under the influence of alcohol or a controlled
substance shall be grounds for immediate suspension and revocation
of a driver's license. The Chief of Police, or his designee, may require
a licensee to submit to drug and alcohol screening tests upon reasonable
cause. Refusal to submit to such screening test or a positive test
result shall constitute grounds for revocation of a license.
D.
No person owning, operating or driving a taxicab shall deceive or
misinform any customer or passenger who may pay for taxicab service,
or who may ride or desire to ride in any such vehicle as to the shortest
route to a destination or as to the lawful fare to be charged. No
person owning, operating or driving a taxicab shall deceive or misinform
any customer or passenger as to the location or distance of the destination
requested; nor shall any passenger be transported to any destination
other than the one specified and/or by any route directed or requested
by such person.
Any taxicab driver, operator/owner or other person, upon conviction
of a violation of the provisions of this chapter, shall be subject
to a fine of up to $250 or 15 days in the Dutchess County Jail, or
both. Such taxicab driver, operator/owner or other persons shall also
be subject to the civil penalty, revocation and suspension provisions
of this chapter. In addition thereto, if a licensee, or the owner,
operator or driver of a licensed vehicle, his license or licenses
or those issued to or for such vehicle may be suspended or revoked.
The Chief of Police may, in his discretion, temporarily suspend a
license pending the outcome of the prosecution of the licensee under
this chapter or under any other provision of any applicable law, code,
rule or regulation. The penalties set forth herein shall be in addition
to and not instead of any other penalties imposed by any other applicable
law, code, rule or regulation of any other governmental or regulatory
agency or entity.
