[HISTORY: Adopted by the Board of Trustees of the Village
of Monticello 1-17-2012 by L.L.
No. 5-2012; amended in its entirety 7-29-2013 by L.L. No. 13-2013. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A legally authorized provider of transportation services who is either enrolled in the Medicaid Assistance Program pursuant to 18 NYCRR Part 504 or is authorized to receive payment for transportation services directly from a social services district or other agent designated by the New York State Department of Health and who operates vehicles for transportation exclusively pursuant to the Medicaid Assistance Program and such vehicles are subject to local regulation. For the purposes of New York State General Municipal Law § 181, such vehicles are deemed to be taxicabs, but shall not be subject to Chapter 229, Taxicabs, of this Code. A vehicle that does not operate exclusively as a medical transportation service provider shall not be subject to this chapter, but shall be required to comply with Chapter 229, Taxicabs, of this Code.
A license issued pursuant to this chapter for a vehicle being
operated as a medical transportation service provider.
A.
The operation or running of a vehicle as a medical transportation
service provider (MSTP) for the transportation of persons over and
upon the streets of the Village of Monticello, New York, either on
private or public highways within said Village, and regardless of
whether such operation extends beyond the boundaries of the Village
of Monticello, is hereby prohibited unless carried on pursuant to
a vehicle medical transportation license (VMTL) as hereinafter provided.
B.
In addition to the requirements of this chapter, such vehicle must
be currently authorized by the New York State Department of Health
as an enrolled provider of such services.
C.
The number of licenses to be issued for the operation of vehicles as specified above is hereby limited in the interest of public health, welfare and safety to 40 licenses. In addition to the 40 licenses, licensees under Chapter 229 of the Village Code (the "Taxi Law") shall also be deemed licensees to provide medical transportation hereunder.
The fee for each vehicle license issued pursuant to the provisions
hereof shall be $100, unless otherwise amended from time to time by
resolution of the Board of Trustees,[1] and each such license shall be valid for the period from
the date of issuance to May 20 next ensuing the issue thereof. Any
such license may be renewed on or before such expiration date, upon
payment of the fee then in effect, for a further period extending
to May 20 of the next year following such expiration date.
Before issuance of any license as hereinabove provided, each
such vehicle shall be inspected by the Village Mechanic, employed
by the Village of Monticello, with respect to all mechanism and equipment
necessary for the proper and safe operation of such vehicle, such
inspection to be made at the Village garage. A certificate of compliance
with the provisions hereof, signed by such inspector, shall be filed
with the Village Clerk with the application for original license for
any such vehicle and on or before May 20 and November 1 in each year
thereafter during which such vehicle continues to be so licensed.
A.
Before any license may be issued for a vehicle pursuant to the provisions
of this article, the applicant for such license shall file with the
Village Clerk a verified application therefor containing the name
of the applicant; his age, residence and business address; a brief
description of the vehicle to be licensed, which shall include the
make, seating capacity, motive power, registration and motor or serial
numbers; satisfactory evidence of the good character of the applicant;
and proof that said vehicle is owned by and registered in the name
of the person or corporation applying for such license or that a waiver
thereof has been issued by the Board of Trustees.
B.
The Board of Trustees may waive the requirement that the vehicle
be owned by the licensee so long as the same is registered and meets
all other requirements of this article.
C.
Vehicles engaged as a medical transportation service provider pursuant
to authorization of the New York State Department of Health are subject
to the provisions of this chapter consistent with 18 NYCRR 505.10(e)(6)(iii),
requiring such vehicles to be compliant with local laws in order to
obtain payment from the Department of Health for such medical transportation
services. Such vehicles shall not be subject to the provisions of
this chapter where such vehicles are entering the Village of Monticello
solely for the purpose of discharging a passenger.
D.
Applicants for a vehicle medical transportation license shall be
required to provide proof of authority to operate from the New York
State Department of Health and, where applicable, any other state
or county agency.
Upon compliance with the foregoing provisions of this chapter,
the Village Clerk shall issue to the licensee an appropriate sticker
evidencing issuance of such license, together with another sticker
showing compliance with the provisions hereof relating to inspection
of vehicles. Such stickers shall be affixed to the right front window
of the licensed vehicle. In addition thereto, the name of the company
or individual operating such vehicle shall be prominently displayed
on both the driver and passenger sides of said vehicle, in letters
not less than three inches in height, either in the form of a rigid
sign attached thereto or by painting such information directly upon
the body of such vehicle.
It shall be unlawful for any operator, driver or owner of any
vehicle required to be licensed hereunder to operate or drive such
vehicle of any sort for the transportation of persons for hire within
the Village of Monticello without obtaining a license therefor. The
annual license fee for drivers of public vehicles for hire shall be
as established from time to time by resolution of the Board of Trustees.[1]
Before such drivers' licenses are issued as hereinafter
provided, each applicant must comply with the following to the satisfaction
of the Chief of Police:
A.
Exhibit regular New York State chauffeur's license, together
with two photographs taken within 30 days of the initial application,
one to be a front view and one to be a side view, together with the
applicant's fingerprints.
B.
Be over 18 years of age.
C.
Be sound physically and have good eyesight.
D.
Not have a reputation of being addicted to the use of intoxicating
liquors or drugs.
E.
Be of good moral character.
F.
Fill out, upon a blank form to be provided by the Village, a statement
giving his full name, residence, place of residence for five years
previous to moving to his present address, age, color, height, color
of eyes and hair, place of birth, length of time he has resided in
the Village, whether a citizen of the United States, places of previous
employment, whether married or single, whether he has ever been arrested
or convicted of a felony or misdemeanor, whether he has been summoned
to court, 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, which statement shall be signed and sworn to by the applicant
and filed with the Village Clerk as a permanent record.
Upon satisfactory fulfillment of the foregoing requirements
there shall be issued to the applicant a driver's license by
the Village Clerk. All licenses shall be numbered in the order in
which they are issued and shall contain the name and place of residence
of the licensee and the date of issuance and expiration of the license,
which driver's license shall be issued as of May 20 in each and
every year and shall be valid to and including May 19 next succeeding,
unless previously suspended or revoked. The Village Clerk may renew
a driver's license from year to year by appropriate endorsement
thereon, and such renewal application shall be made not less than
30 days next preceding its expiration, upon a form to be furnished
by the Village Clerk, giving such information as the licensing officials
may deem necessary. Any driver's license or renewal thereof may
be suspended by the Village Manger pending a hearing before the Village
Board, or revoked for cause after a hearing by the Board of Trustees,
in which event the driver's license shall be forthwith returned
to the Village Clerk, and no driver whose license or renewal thereof
has been revoked shall be licensed as a driver in the Village of Monticello
hereunder except upon presentation of reasons satisfactory to the
Board of Trustees. Any false statement of a material fact in the application
shall be sufficient cause for the immediate suspension and/or revocation
of the license. A suspension shall be effective until the matter is
heard and determined by the Board of Trustees.
All vehicles licensed for operation in the Village of Monticello
shall at all times be kept clean, both inside and outside, and the
exteriors thereof shall be kept neatly painted.
All vehicles licensed for operation in the Village of Monticello
must be inspected four times per year on a schedule set up by the
Village and may be recalled for inspection anytime deemed necessary
by the Village Manager as to mechanical safety and appearance. The
fee for such inspection shall be $25 unless otherwise amended from
time to time by resolution of the Board of Trustees.[1]
All vehicles licensed for operation in the Village of Monticello
that become involved in an accident which results in injury to any
person or which results in damage to property of $50 or more shall
be reinspected prior to returning to operation as a vehicle for hire.
Violation of any of the provisions of this article by any licensee
shall be cause for the suspension or revocation of such license by
the Board of Trustees. A hearing shall be held thereon upon at least
three days' notice, and pending the determination of such suspension
or revocation, after hearing, the Board of Trustees or Village Manager
may temporarily suspend said license or prohibit the operation of
any vehicle licensed hereunder.
There shall be a committee (being the same Committee authorized under Village Code § 229-24) comprised of duly appointed Village representative(s), at least two holders of taxicab licenses, and at least two holders of medical transportation licenses (per this chapter of the Village Code), that will meet on at least a biannual basis to review current information, conditions and other matters pertaining to the taxi and medical transportation services being provided to Village residents. The Committee shall report to the Village Board its findings and recommendations for maintaining an appropriate level of taxi and medical transportation services to Village residents.
An appearance ticket, or simplified traffic information as defined
in Article 100 of the Criminal Procedure Law of the State of New York,
shall be issued for a violation of any section of this chapter and
shall be returnable before a Justice of the Village of Monticello
Justice Court. Appearance tickets, or simplified traffic informations,
may be issued by members of the Monticello Police Department, the
Sullivan County Sheriffs Department, the New York State Police and
any employee of the Village of Monticello specifically authorized
to issue appearance tickets.
If any section of this chapter conflicts with any state law,
the provisions of this chapter are intended to supersede same to the
maximum extent permitted by law.
