[HISTORY: Adopted by the Council of the City
of Schenectady 2-9-1970 by Ord. No. 15274;[1] amended in its entirety 2-25-2019 by Ord. No. 2019-02. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — see Ch. 248.
[1]
Editor's Note: The provisions of this chapter
are derived from Ch. 30, Art. II, of the former Revised ordinances,
adopted 2-9-1970 by Ord. No. 15274, as amended and revised.
As used in this chapter, 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. Includes both municipal and unified
hack licenses.
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 community in which it
is operating. Includes both municipal and unified medallions.
The City of Schenectady 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 including
criteria established by New York State Department of Motor Vehicles,
the New York State Department of Financial Services and New State
Tax and Finance criteria. Includes both municipal and unified owner's
licenses.
Any municipality that is a signatory to the unified license
memorandum of understanding.
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 the 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 hack license authorizing the driver to operate a taxicab
in all participating municipalities.
The intermunicipal agreement among participating municipalities
regarding unified licenses and medallions.
An owner's license valid in all participating municipalities.
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.
B.
Owner's license. Each application for a taxicab owner's
license shall be signed and shall be made upon the appropriate common
taxicab owner's license application form. 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 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.
(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 customer payment in cash and/or by credit/debit card.
C.
Medallions 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 common medallion application form, and must
include the following information:
(1)
The owner's license pursuant to which the taxicabs will be operated.
(2)
Whether the applicant is seeking municipal or unified medallion(s).
(3)
The specific taxicab vehicles providing year, make, model and vehicle
identification number of each vehicle for which the medallions are
being requested.
(4)
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.
D.
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 common hack license application form.
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).
(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.cdta.org and at
the Capital District Transportation Authority offices located at 85
Watervliet Avenue, Albany, New York or such other location as may
be designated by the municipality. Application forms must be submitted
in person at the aforementioned location during normal business hours.
B.
Common application forms and requirements. All license applications
shall be made upon the appropriate common license application 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 common owner's license application form. The
application must designate whether the applicant is seeking a Municipal
or unified owner's license. The application shall be filled out
in its entirety, and shall include the following:
(a)
Proof of insurance covering the specific taxicab vehicles to
be used including year, make, model and vehicle identification numbers
of all the vehicles to be covered under the applicant's license;
(b)
Company information, as requested on the application form; and
(c)
A nonrefundable owner's license application fee, as specified
herein.
(2)
Medallion. Applications for taxicab vehicle medallions shall be made
upon the common medallion application form. 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
and whether the applicant is seeking Municipal or unified medallions.
The application shall be filled out in its entirety, and shall include
the following:
(a)
Proof of insurance covering the specific taxicab vehicles for
which medallions are being requested including year, make, model and
vehicle identification numbers of all the vehicles to be covered under
the applicant's license; and
(b)
A nonrefundable medallion fee for each taxicab vehicle, as set
forth in a fee schedule established by the municipality, as may be
amended from time to time.
(3)
Hack license. Applications for hack licenses shall be made upon the
common hack license application form. The application must designate
whether the applicant is seeking a municipal or unified hack license.
The application shall be filled out in its entirety, and shall include
the following:
(a)
Three recent un-retouched photographs, two inches by two inches,
with no hat or sunglasses.
(b)
Authorization for a criminal history background check and fingerprinting,
to be submitted in the form and manner and with the appropriate fee
as prescribed by the Division of Criminal Justice Services, the results
of which are authorized to be transmitted to the Chief of Police of
the municipality;
(c)
The fee required by the New York State Division of Criminal
Justice Services, to be submitted in the form, manner and amount as
specified by DCJS;
(d)
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;
(e)
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; and
(f)
A copy of a certificate of completion for a recognized defensive
driving course, dated within the prior 12 months.
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 the opinion
of the Chief of Police of the municipality, render the applicant unfit
after consideration of Article 23/Article 23-a of the New York State
Corrections Law.
(2)
Unified licenses and medallions shall not be issued unless and until
approved by each participating 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 days prior to expiration of the current
license. Applications shall be submitted upon the appropriate common
license renewal form, filled out in its 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 customers 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. This requirement shall
go into effect on March 31, 2020.
[Amended 5-29-2019 by Ord. No. 2019-06]
(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 pick-up and drop off 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.
E.
Accident protocol.
(1)
A motor vehicle accident report shall be immediately filed with the
municipality or its designee for any accident arising from or in connection
with the operation of a taxicab.
(2)
Taxicabs involved in accidents may be inspected at the discretion
of the municipality for safety and cleanliness prior to returning
to service.
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 customer 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 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; and/or
(f)
The licensee fails to maintain the insurance required of this
license.
(2)
A hack license issued pursuant to this chapter may be suspended or
revoked for the following reasons:
(a)
Failure to properly maintain a vehicle and/or equipment;
(b)
Physical or mental disability of a driver that renders him/her
temporarily or permanently unfit for the safe operation of a taxicab;
(c)
Knowingly filing a false application;
(d)
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;
(e)
Any driver who operates with an expired, conditional, suspended
or revoked hack license or owner's license;
(f)
The suspension or revocation of a driver's New York State
license by the New York State Department of Motor Vehicles; and/or
(g)
Commission of two or more moving traffic violations and/or accidents
while driving 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.
(4)
For Uniform licenses and medallions, each participating municipality
shall retain all powers relating to licensing, enforcement and compliance
regarding the operation of taxicabs within the boundaries of the participating
municipality only.
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 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 business 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 owner's 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 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 days after
the date on which the request was filed. Failure by the Hearing Officer
to commence a hearing within 30 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.
A.
Taximeters or equivalent application required.
(1)
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.
(2)
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 or, in the case of taxicabs operating pursuant
to a Uniform medallion, by each participating municipality.
(3)
The rates of fare to be charged for taxicab service shall be set
from time to time by resolution, 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.
