The Town Board hereby finds and determines that transportation
by taxicab within the Town limits is an important and viable form
of transportation for its residents and visitors. The Town Board Council
recognizes that § 151 of the New York State Transportation
Law permits the municipal regulation of taxi service which is conducted
wholly within municipal boundaries. Therefore, the Town Board further
finds that it is necessary to regulate and license taxi services conducted
wholly within the boundaries of the Town of Wallkill for the purpose
of maintaining order, enforcing laws, protecting property, and caring
for the safety, health, comfort, and general welfare of the inhabitants
and visitors to the Town. This chapter does not seek to regulate,
in any way, taxi service which is not conducted wholly within the
Town of Wallkill's municipal boundaries.
Unless otherwise expressly stated, whenever used in this chapter,
the following words shall have the meanings given to them by this
section:
DRIVER'S LICENSE
Includes permission granted by the Town of Wallkill NY to
any person to drive upon the streets of such Town any licensed taxicab.
FARE
The price charged to transport a person.
MEDALLION
The metal plate, not exceeding six inches in diameter, which
shall bear the taxicab license number of the vehicle.
OPERATOR
Includes any person owning or having control of the use of
one or more taxicabs used for hire upon the streets of the Town of
Wallkill or engaged in the business of operating a taxicab.
PERSON
Includes one or more persons of either sex, natural persons,
corporations, limited liability companies, partnerships, associations,
joint-stock companies, societies and all other entities of any kind
capable of being sued.
RATE CARD
Includes a card on which is printed the tariff rates in the
Town of Wallkill, provided by this chapter.
STREET
Includes any street, road, highway, alley, avenue, court,
bridge, lane, or public place in the Town of Wallkill.
TAXICAB
Includes any motor vehicle engaged in the business of carrying
persons for hire, whether the same is operated from a street stand
or subject to calls from a garage or otherwise operated for hire.
However, "taxicab" does not include vehicles subject to the provisions
of the New York Transportation Law, or vehicles used by undertakers
in carrying on their business, vehicles used in wedding processions
or parades, or ambulances (as that term is defined in § 100-b
of the New York Vehicle and Traffic Law).
TAXICAB DRIVER
Any person who drives a taxicab, whether such person is the
owner of such taxicab or employed by a taxicab owner or operator.
TAXICAB LICENSE
Includes permission granted by the Town of Wallkill, NY to
any person to operate or keep for hire any taxicab in such Town.
TAXICAB STAND
Includes any place alongside the curb of a street or elsewhere
which is exclusively reserved by the Common Council for the use of
taxicabs.
No person shall use, operate or drive a taxicab and no person
shall permit anyone to drive a taxicab within the limits of the Town
of Wallkill without such driver having first obtained and paid for
and having in force and effect a driver's license under the provisions
of this chapter.
Every driver of a taxicab who uses, operates or drives a taxicab
within the corporate limits of the Town of Wallkill must possess a
valid Town of Wallkill taxi driver's license. Each applicant
for a driver's license must comply with the following to the
satisfaction of the Chief of Police:
A. Possess a New York State Class E license or CDL license with passenger
endorsement.
B. Forbearance of any addiction or use of alcoholic beverages or any
controlled substance, as the same is defined and referred to in the
Penal Law of the State of New York, which would impair the applicant's
ability to safely drive a taxicab.
C. Produce, on forms to be provided by the Town Clerk, affidavits of
good character from two reputable citizens of the Town of Wallkill
who have known him personally and have observed his conduct for at
least one year next preceding the date of his application and a further
testimonial on a form provided for that purpose from his employer,
unless, in the opinion of the Chief of Police, sufficient reason is
given for its omission.
D. Fill out, upon a blank form to be provided by the Town Clerk, a statement
giving his full name, residence, places of residence for five years
previous to moving to his present address, age, height, color of eyes
and hair, place of birth, whether a citizen of the United States,
places of previous employment, whether he has ever been convicted
of a felony or misdemeanor, whether he has ever been convicted of
a traffic infraction, whether he has been previously licensed as a
driver or chauffeur and if so whether his license has ever been suspended
or 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 Clerk as a permanent record.
Any false statements by the applicant for a driver's license
shall be promptly reported by the Chief of Police to the District
Attorney of Orange County. The Chief of Police is hereby authorized
and empowered to require such additional information as he may deem
necessary. The applicant shall acknowledge and consent on the application
to a review by the Chief of Police, or his designated agent, of a
background request through fingerprints of the criminal records of
the Division of Criminal Justice Services of the State of New York
then existing with respect to the applicant, and the applicant shall
pay any fee required therefor upon submission of the application.
E. Be of the age of 18 years of age and be clean in dress and person.
Each applicant for a driver's license shall be examined
by the Chief of Police, or some person designated by him, as to his
knowledge of the provisions of this chapter, the traffic regulations
of the Town, the motor vehicle and general highway traffic laws of
the state, and the geography of the Town, and if the results of the
examination are unsatisfactory, he shall be refused a license. Each
such applicant must, if required by the Chief of Police, demonstrate
his skill and ability safely to handle his vehicle by driving it through
a crowded section of the Town, accompanied by the Chief of Police
or some person designated by such licensing official.
A driver, in applying for a renewal of his license, shall make such application not less than 30 days next preceding its expiration upon a form to be furnished by the Town Clerk titled "Application for Renewal of License" which shall be filled out with the full name and address of the applicant, together with a statement of the date upon which his original license was granted and the number thereof and such other information as the licensing official may deem necessary. All applicants for renewals must provide the photographs and fingerprint impressions required by §
217-6 of this chapter.
There shall be kept in the office of the Town Clerk a complete
record of each license or permit issued to a driver, and of all renewals,
suspensions and revocations thereof, which record shall be kept on
file with the original application of the driver for a license.
It shall be unlawful for any person to use, operate or drive
or permit to be used, operated or driven a taxicab upon the streets
of the Town of Wallkill without first having obtained therefor a taxicab
license, under the provisions of this chapter, from the Town Clerk.
Such license shall be issued for a two-year period, unless sooner
suspended or revoked. Application for a taxicab license shall be made
by the owner upon blank forms furnished by the Clerk. Such application
shall contain:
A. The name, age and residence of the person applying for the license
and what, if any, previous experience he has had in such business.
B. The name, age and residence of the person to be in immediate charge
of any such taxicab or taxicabs.
C. The make of motor car to be used, the year the car was made, the
vehicle identification number, the state license number, the number
of years the vehicle has been driven and the seating capacity according
to its trade rating.
D. Whether previously licensed to operate a taxicab and, if so, where.
E. Whether a license to operate a taxicab has ever been revoked and,
if so, for what cause.
F. Such other information as the Chief of Police may deem necessary.
The license fee per annum for each taxicab shall be $500. No
license shall be prorated or refunded.
The Town Clerk shall keep a register of the name of each person
owning or operating a taxicab licensed under this chapter, together
with the license number and the description and make of such vehicle,
with the date and complete record of inspections made of it. Such
record shall be open to the inspection of the public at all reasonable
times.
In instances where the Town Code allows, only taxicabs in such
numbers as are set forth on the metal sign may remain at that stand
while waiting for employment and only in single file, and not more
than one taxi from one company to the exclusion of other taxicabs
pointed in accordance with the traffic regulations. No taxicab standing
at the head of any such line shall refuse to carry any orderly person
applying for a taxicab who agrees to pay the proper rate of fare,
but this shall not prevent any person from selecting any taxicab he
may desire on the stand, whether it is at the head of the line or
not. As the taxicabs leave the line with the passengers, those behind
shall move up, and any taxicab seeking a place 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. No taxicab shall
stand within eight feet of any crosswalk.
No person, driver or other, shall solicit passengers. No taxicab
while awaiting employment shall stand on any public street unless
at a stand designated in accordance with this chapter.
No person shall be allowed to ride on the seat with the driver
except paying passengers, and any driver who shall permit this may
be deprived of his license. It shall be the duty of all police officers
to notify the Chief of Police of any violation of this provision.
The provisions of this section shall not apply to an aide to a lawfully
authorized provider of transportation services who has received prior
authorization for a specific medical transport pursuant to the provisions
of 18 NYCRR 505.10.
Every driver of a taxicab, immediately after the termination
of any hiring or employment, must carefully search such taxicab for
any property lost or left therein, and any such property, unless sooner
claimed or delivered to the owner, must be taken to the nearest police
station and deposited with the officer in charge within 24 hours after
the finding thereof.
It shall be unlawful for any licensed driver of any taxicab
to misrepresent 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 also 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
to commit any unlawful act therein or at any time during the voyage
or the termination thereof, whether within the vehicle or not. Any
such actions shall be cause for the driver's and/or taxicab license
to be revoked as set forth in this chapter.