[HISTORY: Adopted by the City Council of the City of Saratoga
Springs 4-18-1988 as Ch. 115 of the 1970 Code; amended in its entirety 7-16-2013 by L.L. No.
1-2013. Subsequent amendments noted where applicable.]
[Added 9-17-2018 by L.L.
No. 3-2018[1]]
[1]
Editor's Note: This local law also repealed former Art.
I, General Regulations, added 11-6-2017.
As used in this article, the following terms shall have the
meanings indicated:
Any person who engages in the business of driving a taxicab,
whether such person is the owner, an employee, or an independent contractor.
A license given to an individual who meets the United States
residency, New York State Department of Motor Vehicle licensing, New
York State Department of Financial Services, New York State Tax and
Finance, and municipality's criteria for the privilege of driving
a taxicab in the State of New York.
The New York State License Event Notification System used
to monitor the driving records of any person applying and holding
a hack license or owner's license.
A decal distributed by or on behalf of the municipality,
prominently placed on a vehicle used for hire that signifies it is
licensed to do business as a taxicab in the municipality.
Taxi vehicles for the use of Medicaid transportation are defined per New York State Department of Motor Vehicle and Traffic Law (VTL) Article 1, § 148-a, as every motor vehicle, other than a bus, used in the business of transporting passengers for compensation, and operated in such business under a license or permit issued by a local authority. However, it shall not include vehicles which are rented or leased without a driver.
The City of Saratoga Springs, New York.
Includes taxicab service that is conducted within the corporate
limits of the municipality.
Any person or corporation owning or having control of the
use of one or more taxicabs used for hire upon the streets of the
municipality or engaged in the business of operating a taxicab.
A license issued to a person and/or corporation owning, operating
or having control of one or more taxicabs used for hire upon the streets
of the municipality that meets all of the criteria established for
that license, including criteria established for that license by the
New York State Department of Motor Vehicles, the New York State Department
of Financial Services and New York State Tax and Finance criteria.
Any individual, corporation, partnership or other legal entity
filing for a taxicab owner's license or taxicab medallion.
Includes any motor vehicle of a type that General Municipal
Law § 181 or relevant municipal law permits a municipality
to regulate, that is engaged in the service of transporting passengers(s)
for hire, when such service is available to the general public on
a prearranged or demand-response basis over a nonspecified or irregular
route with the point or points of pickup and discharge determined
by the passenger.
An instrument or computer application that automatically
calculates the fare charged to a traveler utilizing the service of
a taxicab.
A.
Requirement: licenses needed to operate. No taxicab shall be operated
within the municipality without first having obtained a medallion
and being operated pursuant to a validly issued owner's license.
No person shall operate a taxicab within the municipality without
first having obtained a hack license and be in the possession of a
valid New York State Department of Motor Vehicles Class E or CDL license
which is neither expired, revoked, suspended, or has any conditionality
attached to it by the New York State Department of Motor Vehicles
which would prohibit said driver from safely driving or operating
a taxicab.
B.
Owner's license. Each application for a taxicab owner's
license shall be signed and shall be made upon the appropriate forms.
Said application shall contain the following information:
(1)
The name, date of birth, and residence of the person applying for
the license. In the event the applicant is a partnership or operating
under an assumed name, a certified copy of the certificate of partnership
or assumed name must be provided at the time of the application. In
the event that the applicant is a corporation, the names and addresses
of all corporate officers and stockholders must be provided at the
time of application.
(2)
The number of taxicabs for which the application is being made, stating
the ownership, make, type, year of manufacture, vehicle identification
number, and passenger seating capacity for each of the vehicles to
be licensed under the application.
(3)
A copy of the certificate of insurance with the City as certificate
holder showing the year, make, model and vehicle identification number
and coverage for each taxicab vehicle licensed under the application,
as evidence that the taxicab is covered by New York State admitted
insurer commercial automobile insurance, including bodily injury and
uninsured motorist coverage in a minimum amount of $100,000 per person
with a $300,000 aggregate, and verification of registration for each
vehicle for use as a taxicab by the New York State Department of Motor
Vehicles and New York State statutory workers' compensation and
employer's liability and disability insurance or waiver of same
from the New York State Workers' Compensation Bureau as may be
required per New York State law. Failure to secure compensation for
the benefit of, and keep insured during the life of this license,
employees required in compliance with the provisions of Workers'
Compensation Law shall make this license void and of no effect.
(4)
Whether the applicant has been convicted of or pled guilty to any
crimes and, if so, the crime(s) along with the date(s) and jurisdiction(s)
of conviction.
(5)
Whether the applicant is or has been previously licensed as a taxicab
owner or operator and, if so, in what jurisdiction(s).
(6)
Whether the applicant currently holds or was the former holder of
a taxicab owner's or operator's license which has been expired,
revoked or suspended and, if so, for what reason, giving the name
of the issuing municipality and the dates and reasons for the expiration,
revocation and/or suspension.
(7)
As a condition to the issuance of a taxicab owner's license,
the applicant agrees to require all drivers of the owner's taxicabs
obtain hack licenses, maintain a valid New York State driver's
license of Class E or CDL which is neither expired, revoked, suspended,
or has any conditionality attached to it by the New York State Department
of Motor Vehicles which would prohibit said driver from safely driving
or operating a taxicab, and to register with and be subject to the
New York State LENS program, and further agrees that the municipality
(or designee) shall have the authority to communicate with and receive
reports relating to the New York State LENS program.
(8)
All persons applying for a taxicab owner's license agree to
fully investigate and resolve complaints regarding taxicabs operated
pursuant to the owner's license, and shall remediate all complaints
and issues in a timely manner.
(9)
All persons applying for a taxicab owner's license shall agree
to equip each taxicab with a taximeter or equivalent metering application,
and shall accept passenger payment in cash and/or by credit/debit
card.
C.
Medicabs must adhere to Medicaid enrollment and shall not supplant
the municipality's regulations under this chapter. Title 18 NYCRR
§ 505.10(e)(6) indicates that providers must, regardless
of Medicaid enrollment status, comply with applicable federal, state
and local regulatory requirements. For ambulette, taxi and livery
companies, this includes licensure by the municipality. Failure to
comply with this chapter may result in termination from Medicaid enrollment,
as well as action by the local regulatory entity.
D.
Medallion required. Each taxicab operated within the municipality
shall require a medallion, which shall be prominently displayed on
each licensed taxicab at all times. The application for a medallion
shall be made upon the appropriate forms and must include the following
information:
(1)
The owner's license pursuant to which the taxicabs will be operated.
(2)
The specific taxicab vehicles, providing year, make, model and vehicle
identification number of each vehicle for which the medallions are
being requested.
(3)
Details regarding the particular taximeter installed on the taxicab
vehicles or the details of the equivalent metering application the
owner proposes to utilize including make, model and serial number
of the metering application and/or device as applicable.
E.
Hack license required. Each driver of a taxicab operating within
the municipality must have and be in possession of a current and validly
issued hack license. Applications for a hack license or for renewal
of a hack license shall be signed and sworn to in person and shall
be made upon the appropriate forms. The applicant shall:
(1)
Be the holder of a duly valid New York State driver's license
of the appropriate class for operation of a taxicab as prescribed
by the New York State Department of Motor Vehicles, but not less than
a valid New York State Class E livery or CDL (commercial driver's
license) which is neither expired, revoked, suspended, or has any
conditionality attached to it by the New York State Department of
Motor Vehicles which would prohibit said driver from safely driving
or operating a taxicab.
(2)
Be able to clearly communicate in the English language.
(3)
Agree to continually be neat and clean in dress and person and have
no conditions that impair the ability to safely operate a taxicab.
(4)
Meet the standards as embodied in Article 23-A of the Correction
Law of the State of New York.
(5)
Be at least 18 years of age.
(6)
Consent, in writing, to enrollment in the New York State LENS program
for the period his/her license is in effect as a taxicab driver.
(7)
Have fingerprints taken by the municipality or designee in which
the medallion will be issued.
(8)
Provide three recent unretouched photographs, two inches by two inches,
with no hat or sunglasses.
(9)
Provide the information requested on the form, giving his/her full
name, residence, places of residence for five years previous to moving
to his/her present address, age, height, color of eyes and hair, place
of birth, United States residency, places of previous employment,
whether he or she has ever been convicted of a felony or misdemeanor
and, if so, the date and jurisdiction of same, whether he or she has
been previously licensed as a taxicab driver or chauffeur, and if
so, whether his/her license has ever been revoked and/or suspended
in which municipality, the year of the revocation and/or suspension,
and for what cause.
(10)
Have no physical or mental condition that would interfere with
the safe operation of a taxicab and be free from the use of drugs
(prescription or otherwise) that would interfere with the safe operation
of a taxicab.
A.
Application for licenses. All applications for licenses issued pursuant
to this chapter shall be made by the applicant upon the appropriate
common application forms, available online at www.saratoga-springs.org
and in person at City Clerk's office, City Hall, 474 Broadway,
Saratoga Springs, New York. Application forms must be submitted in
person at the aforementioned location during normal business hours.
B.
Forms and requirements. All license applications shall be made upon
the appropriate forms, accompanied by all required information and
applicable fees. Incomplete license applications will not be accepted.
(1)
Owner's license. Applications for an owner's license shall
be made upon the appropriate forms. The application shall be filled
out in its entirety and shall include the following:
(2)
Medallion. Applications for taxicab vehicle medallions shall be made
upon the appropriate forms. The application must specify the particular
vehicles, including year, make, model and vehicle identification numbers
of the vehicles to be covered under the applicant's license.
The application shall be filled out in its entirety and shall include
the following:
(3)
Hack license. Applications for hack licenses shall be made upon the
appropriate forms. The application shall be filled out in its entirety
and shall include all of the following:
(a)
Three recent unretouched photographs, two inches by two inches,
with no hat or sunglasses;
(b)
The impressions of the fingers of the applicant's right
and left hands, for the purpose of obtaining criminal history records
from the New York State Division of Criminal Justice Services, the
impressions to be taken under the supervision of the Chief of Police
or his/her designee. At the municipality's discretion, fingerprints
may be taken by the municipality's authorized business entity;
(c)
Authorization for a criminal history background check, the results
of which are authorized to be transmitted to the municipality.
(d)
The fee required by the New York State Division of Criminal
Justice Services, as specified herein;
(e)
A nonrefundable hack license application fee, in the amount
set forth in a fee schedule established by the municipality, as may
be amended from time to time; and
(f)
Authorization to register the applicant with the New York State
LENS program, including the applicant's New York State driver's
license information, and authorizing the receipt of reports relating
to the applicant's driver's license by the municipality
or designee.
C.
Issuance or denial of licenses and medallions. Completed applications
will be forwarded to the municipality's designated departments
for their review. Applications for unified licenses and medallions
will be forwarded to each participating municipality.
(1)
The municipality may deny the issuance of a license or medallion
if the application is incomplete, if the applicant fails to meet the
standards required for issuance of said license, or if the results
of their investigation reveal a criminal history which, in their opinion,
render the applicant unfit pursuant to Article 23-a of the New York
State Corrections Law.
(2)
Medallions shall not be issued unless and until approved by the municipality.
(3)
Upon satisfactory fulfillment of the requirements of this chapter,
there shall be issued to the applicant a license which shall be in
such form as designated by the municipality.
(4)
Licenses may be issued on any day of the year and shall be valid
until the end of the calendar year, unless suspended or revoked prior
to the end of the calendar year.
(5)
All taxicabs shall be inspected by the municipality (or designee)
prior to issuance of a medallion.
D.
Renewal. Applications for renewal of licenses and medallions shall
be submitted no later than 45 calendar days prior to expiration of
the current license. Applications shall be submitted upon the appropriate
forms, filled out in their entirety, and shall be accompanied by the
appropriate documentation and fees, as detailed on the common license
renewal form.
A.
Driver code of conduct. The following rules shall govern the conduct
of all taxicab drivers operating pursuant to a hack license issued
by the municipality:
(1)
The driver shall obey all applicable traffic laws and municipal local
laws and ordinances.
(2)
The driver shall be courteous to passengers and comply with all reasonable
requests of the passengers.
(3)
The driver shall be clean and neat in dress and person, physically
and mentally fit to operate a taxicab and free from the use of intoxicating
substances.
(4)
The driver shall keep the inside of his/her taxicab in a clean and
sanitary condition and shall ensure that all required postings are
maintained and visible to passengers.
(5)
The driver shall keep the inside of his/her taxicab free from smoke,
and no one riding in the vehicle shall engage in smoking cigarettes,
cigars, pipes, e-cigarettes or any other smoking paraphernalia.
(6)
The driver shall take passengers to their destinations by the shortest
reasonable route, unless requested otherwise.
(7)
The driver shall not permit other people to occupy or ride in the
taxicab while passengers are being transported.
(8)
The driver shall transport service animals.
(9)
The driver shall disclose the applicable taxicab rate, including
any fees or tolls, to the passenger prior to the commencement of the
trip, and shall utilize the taximeter or approved equivalent metering
application during the course of the trip. In the event the exact
fare is unknown in advance, the taxicab driver shall provide a reasonable
estimate of the expected fare, and disclose the method of fare calculation.
B.
Vehicle requirements. Each taxicab shall comply with the following:
(1)
No taxicab shall be older than 10 years old.
(2)
All taxicabs shall be clearly identified or marked on the exterior
as follows:
(a)
A light on the roof, with the legend "TAXI," to be lit at night.
(b)
Functioning taxicab "trouble lights" on the front and rear of
the taxicab.
(c)
The name of the company, owner or operator of the taxicab, the
phone number, and the company's hours of operation, displayed
in a manner that is legible and visible from a reasonable distance.
(d)
The unique identifying number of the particular taxicab vehicle,
marked on the sides and rear of the vehicle, displayed in a manner
that is visible from a reasonable distance.
(e)
The taxicab medallion, as directed by the municipality.
(3)
All taxicabs shall display, in the interior of the taxicab, and in
a manner that is clearly visible to passengers, the following:
C.
Compliance with rules. All taxicab owners and taxicab drivers shall
be responsible for compliance with the provisions of this chapter
and the law. Taxicab owners and taxicab drivers shall be required
to investigate and resolve any complaints or matters relating to the
operation of taxicabs in the municipality.
D.
Travel log. All taxicab drivers and taxicab owners shall be responsible
for maintaining records of all trips, including: time dispatched,
date and time of the trip, the pickup and dropoff locations, the duration
of the trip, the vehicle utilized for the trip, the number of passengers,
and the fare charged. The trip record shall be maintained for a period
of at least one year and shall be submitted to the municipality for
review upon request.
A.
No taxicab shall be included on an owners' license, nor shall
a taxicab medallion be issued, reissued or renewed, and no taxicab
shall be operated within the municipality unless and until proof has
been submitted with the application for issuance, reissuance or renewal
that it has undergone both a mechanical and physical inspection in
compliance with the requirements of this chapter and New York State
inspection laws.
(1)
Mechanical inspection. All taxicabs must conform to the New York
State vehicle inspection law requirements at all times.
(2)
Preventative maintenance. Taxicabs shall be well maintained and shall
undergo regular preventive maintenance services. Maintenance and inspection
records for each vehicle licensed as a taxicab must be kept for the
life of the vehicle.
(3)
Physical inspection.
(a)
The municipality and designees shall have the authority to inspect
all licensed and medallioned taxicabs upon notice or demand. The municipality
shall perform inspections upon all medallioned taxicabs under its
authority at least once per year. This inspection must occur before
a taxicab may receive a medallion.
(b)
All taxicabs shall be safe and well maintained, and all systems
shall be fully operational. Each taxicab shall have functioning heat
and air conditioning.
(c)
Medallions issued for each taxicab shall be prominently displayed
and be registered to the vehicle to which it is affixed.
(d)
The exterior of each taxicab shall be clean and in good repair,
without obvious major body damage.
B.
Thereafter, upon good cause, including passenger complaint and in
the interest of safety, the municipality and designee shall have the
authority to inspect medallioned taxicabs for compliance with this
chapter.
C.
Taxicabs not conforming to New York State vehicle inspection requirements,
or which are otherwise deemed to be unsafe or not in compliance with
this chapter, shall be taken out of service immediately. The taxicab
must be reinspected prior to being entered back into service.
A.
The City Council shall establish from time to time, by resolution,
fees for licenses and medallions issued under this chapter.
B.
Any person who violates any provision of this chapter or any rule or regulation made pursuant to this chapter shall, upon conviction, be subject to the penalties set forth in Chapter 1, General Provisions, Article III, of this Code. The Department of Public Safety is hereby authorized to enforce the provisions of this chapter. The Police Department is authorized to issue appearance tickets in accordance with Article 150 of the Criminal Procedure Law for violations of this chapter.
A.
Municipal authority. All powers related to licensing, enforcement,
and compliance within the municipality shall be exercised by the municipality
from which the license or medallion has been requested or for which
the license or medallion has been issued.
B.
Suspension and revocation of licenses.
(1)
A taxicab owners' license issued pursuant to this chapter may
be suspended or revoked for any of the following reasons:
(a)
The licensee fails to meet the criteria for the issuance of
such license.
(b)
The licensee permits the operation of a taxicab by a person
not licensed under the provisions of this chapter.
(c)
A vehicle registered to the licensee has been used for an illegal
purpose or business.
(d)
The licensee engages in any other conduct which evidences his/her
inability to safely engage in the business of operating a taxicab
or which evidences a disregard for public safety.
(e)
The licensee provides information that is found to be false,
illegal and/or a misrepresentation of the facts materially related
to the issuance of this license.
(f)
The licensee fails to maintain the insurance required of this
license.
(2)
A license issued pursuant to this chapter may be suspended or revoked
for any of the following reasons:
(a)
Failure to properly maintain a vehicle and/or equipment.
(b)
Failure to maintain the required insurance for the operation
of the licensed and medallioned vehicle.
(c)
Physical or mental disability of a driver that renders him/her
temporarily or permanently unfit for the safe operation of a taxicab.
(d)
Knowingly filing a false application.
(e)
Any conviction of a criminal offense committed during or in
relation to taxicab operations. In addition, conviction of a criminal
offense which might impair, impede or endanger the efficiency, effectiveness
or safety of the public.
(f)
Any driver who operates with an expired, conditional, suspended
or revoked hack license or owners' license.
(g)
Failure to maintain a valid New York State Department of Motor
Vehicle Class E or CDL license which is neither expired, revoked,
suspended, or has any conditionality attached to it by the New York
State Department of Motor Vehicles which would prohibit said driver
from safely driving or operating a taxicab.
(3)
A medallion issued pursuant to this chapter may be suspended or revoked
for the failure to comply with any provisions of this chapter.
C.
Notice. Notice of revocation or suspension of license and the reason(s)
thereof as well as the applicant's right to be heard shall be
served by the municipality or their designee upon the person named
in the license or by mailing the same to the address given in the
license and by filing a copy of such notice in the office of the municipality's
Clerk with an affidavit of service or mailing. If a license is revoked
or suspended, no refund of any unearned portion of the license fee
shall be made. The municipality, upon good cause, may issue an immediate
suspension of the license.
D.
Term of suspension. A suspension of a license by the municipality
shall be effective for 30 calendar days, running from the date of
notification upon the license holder. Any two suspensions within any
twelve-month period shall automatically result in a revocation.
E.
Review of denial, suspension or revocation. Any applicant who shall
have been refused a license, or a license holder whose license shall
have been revoked or suspended, may appeal to the municipality's
Hearing Officer for review of such denial, revocation or suspension.
The aggrieved party may, within 30 calendar days after receiving written
notice, file a written request upon the Hearing Officer for review
of said decision.
F.
Hearing Officer. A Hearing Officer may be appointed by municipality
to hear and decide appeals taken from any determination made which
denied, revoked or suspended such taxicab owners' license, hack
license, and/or medallion.
G.
Hearings. Upon receipt of a request for a hearing as provided above,
the Hearing Officer shall set a time and place for a hearing and notify
the appellant at least seven business days prior to the hearing. The
aggrieved party shall have the option of whether such hearing shall
be public or private. The hearing shall commence no later than 30
calendar days after the date on which the request was filed. Failure
by the Hearing Officer to commence a hearing within 30 calendar days
shall not be deemed to constitute approval or such request, if good
and sufficient reason exists.
H.
Findings. The aggrieved party shall be given an opportunity to show
cause why such denial of application or such suspension or revocation
of license shall be modified or withdrawn. Upon consideration of the
evidence presented at the hearing, the Hearing Officer shall sustain,
modify or withdraw the decision of the municipality by issuing the
result in writing.
Taximeters or equivalent application required.
A.
It shall be unlawful for any person to operate or keep for hire or
pay, within the municipality, any taxicab without first having each
taxicab equipped with a taximeter or equivalent application.
B.
Every taxicab shall be equipped with a single-traffic taximeter of
a type approved by the New York State Bureau of Weights and Measures
and inspected by the County Department of Weights and Measures for
accuracy. Equivalent applications may not be used unless approved
by the municipality.
C.
The rates of fare to be charged for taxicab service shall be as follows,
and no other rates of fare may be charged by an owner or driver other
than the rate established by this section:
In the event that any provision of this chapter shall be deemed
illegal or otherwise unenforceable by a court of competent jurisdiction,
then only that specific provision shall not be enforced, and all other
sections and provisions shall remain in full force and effect.
The Commissioner of Public Safety is hereby authorized to establish
taxicab stands as deemed necessary. The Commissioner shall assign
a number to each taxicab stand, and shall cause a sign or device bearing
that number to be posted at that stand's location. The Commissioner
shall further designate the number of such taxicabs that shall be
allowed to stand at any taxicab stand. Owners of any property may
apply to the Commissioner of Public Safety for the establishment of
taxicab stands adjacent to their premises. Such application shall
be granted solely in the discretion of the Commissioner of Public
Safety and may be revoked by the Commissioner at any time.
A.
Only taxicabs in such numbers as designated by the Commissioner of
Public Safety may remain at the stand while waiting for employment
and only in single file, pointed in accordance with the traffic regulations.
B.
No taxicab standing at the head of any such line shall refuse to
carry any orderly passenger requesting a taxicab who agrees to pay
the proper rate of fare; but this shall not prevent any passenger
from selecting any taxicab he may desire on the stand, whether it
be at the head of the line or not.
C.
As the taxicabs leave the line with passengers, those behind shall
move up, and any taxicab seeking a space on the stand shall approach
the same only from the rear of the stand and shall stop as near as
possible to the last taxicab on the stand.
D.
No taxicab shall stand within five feet of any crosswalk unless otherwise
designated by this article.
E.
No taxicab shall occupy a stand unless a taxi license has been issued
by the Commissioner of Accounts.
