[HISTORY: Adopted by the Town Board of the Town of Walkill 8-27-2020 by L.L. No. 3-2020. Amendments noted where applicable.]
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:
Includes permission granted by the Town of Wallkill NY to
any person to drive upon the streets of such Town any licensed taxicab.
The price charged to transport a person.
The metal plate, not exceeding six inches in diameter, which
shall bear the taxicab license number of the vehicle.
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.
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.
Includes a card on which is printed the tariff rates in the
Town of Wallkill, provided by this chapter.
Includes any street, road, highway, alley, avenue, court,
bridge, lane, or public place in the Town of Wallkill.
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).
Any person who drives a taxicab, whether such person is the
owner of such taxicab or employed by a taxicab owner or operator.
Includes permission granted by the Town of Wallkill, NY to
any person to operate or keep for hire any taxicab in such Town.
Includes any place alongside the curb of a street or elsewhere
which is exclusively reserved by the Common Council for the use of
taxicabs.
A.
No person shall keep, use, operate or drive a taxicab within the
corporate limits of the Town of Wallkill without first having obtained
a license from the Town Clerk of the Town of Wallkill which indicates
such person has complied with the terms and conditions herein provided
and has paid the fee therefor. For purposes of this chapter, the words
"use, operate or drive," either individually or taken together, shall
be deemed to mean the pickup or solicitation of passengers within
the Town limits of the Town of Wallkill.
B.
No person owning or leasing a taxicab shall allow any person to use,
operate or drive said vehicle within the corporate limits of the Town
of Wallkill unless said person is duly licensed by the Town of Wallkill
as a taxi driver and said license is displayed conspicuously within
the vehicle.
C.
Taxicabs shall be color coded, one color per company. The colors
shall be approved by the Chief of Police or his designated agent.
D.
All taxicab drivers must wear suitable "business casual" attire while
driving taxicabs. Tank tops and cutoff pants or shirts are prohibited.
Taxicab drivers shall not smoke while driving taxicabs.
E.
The interior of each taxicab shall be kept clean and sanitary and
thoroughly cleaned when necessary, but no less than once each day.
F.
All holders of taxicab licenses must keep and maintain taxi logs
for each vehicle for a period of one year. The log shall be on a form
to be provided by the Police Department and must include the date,
time, and place of passenger pick-up, and place where the passenger
exits the taxi.
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.
Each applicant for a driver's license shall file with his application
impressions of the fingers of his right and left hand. Such impressions
shall be placed upon forms furnished by the New York State Division
of Criminal Justice Services, the impressions to be taken under the
supervision of the Chief of Police or his designated agent, at such
place or places as may be designated by the Chief of Police. A set
of the fingerprints, together with the appropriate fees for identification
processing, shall be submitted to the Division of Criminal Justice
Services. Within the thirty-day period preceding the filing of the
application, each applicant shall appear at the Town of Wallkill Police
Department for a process that will include the taking of a digital
picture and a license produced with such picture on it. The fee for
such process shall be determined in the discretion of the Police Chief,
and the applicant shall pay said fee. A set of the fingerprints, together
with one copy of the photographs of the applicant, shall be kept on
file at the Police Department as a permanent record.
B.
The Town Clerk shall forward completed applications to the Chief
of Police who shall cause an investigation to be made relative to
the character and criminal record, if any, of the applicant. No license
shall be issued under the provisions of this chapter by the Clerk
until the receipt in writing from the Chief of Police indicating whether
the applicant may be approved; provided, however, that a temporary
license may be issued pending such investigation, not to exceed 20
days. No license shall be issued to a person who has been convicted
of a felony if the Chief of Police determines, in accordance with
Article 23-A of the New York State Correction Law, that:
A.
All applications for drivers' licenses must be in writing and
approved by the Chief of Police or his designated agent. When the
application has been approved and the applicant has filed his or her
photographs and fingerprints with the Chief of Police, the Town Clerk
shall issue such license. The Chief of Police or his designated agent
may refuse to approve such application if the applicant is not a fit
and proper person to be licensed. In determining whether or not an
applicant is a fit and proper person to be licensed, consideration
shall be placed upon, but not limited to, the answers given by the
applicant upon his or her application, the applicant's record
as an operator or chauffeur of motor vehicles obtained from the State
Motor Vehicle Department, and the applicant's criminal record.
Should the Chief of Police or his designated agent deny such application,
notice of denial and reason(s) therefor shall be served upon the applicant.
B.
Upon satisfactory fulfillment of the foregoing requirements, there
shall be issued 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 serious
complaint against him. Each license shall be stamped by the Seal of
the Town 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 the expiration date of the license. Any
licensee who defaces, removes or obliterates any official entry made
upon his license shall be punished by the revocation of his license.
Drivers' licenses shall be issued for a two-year period unless
sooner suspended or revoked. Such license shall be placed in a plaque
the size of four inches by six inches and shall at all times, when
the driver is operating the car for hire, be attached inside the cab
in a position readily visible to the passengers of said cab. No temporary
permit shall be issued except when an extraordinary public emergency
arises affecting transportation of the public upon the streets within
the Town. Such temporary permits, when issued, shall be upon such
terms and conditions as the Chief of Police shall provide, but such
temporary permit shall in no event be granted for a longer period
than 20 days and may be renewable for similar periods from time to
time as may be necessary only upon the written recommendation of the
Chief of Police made to the Town Board and approved by it. The fee
for such temporary permits shall be $50. Such license or permit shall
be carried by the licensee at all times when operating or in charge
of any taxicab.
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.
A.
The license fee for drivers' licenses shall be $100 and for
each renewal thereof $100.
B.
All drivers' licenses issued under the provisions of this chapter
shall not be transferable.
C.
The fee for duplicating a lost or destroyed driver's license
shall be $10 and it shall be marked "duplicate."
D.
All applicants for a new taxi license and all applicants for renewal
of license must submit a separate certified check or money order in
the amount required by New York State payable to the New York State
Division of Criminal Justice Services to cover the cost of the background
check mandated by § 217-4D of this chapter.
A.
Investigation. The Chief of Police or his designated agent may conduct
an investigation into any complaints involving taxicab drivers. Such
investigation may include, but is not limited to, review of records
and accompanying drivers during working hours.
B.
Power to suspend or revoke. The Chief of Police or his designated agent may revoke or suspend any outstanding license for a violation of this chapter or any other statute or ordinance or for any conduct involving an unreasonable risk to the safety or welfare of specific individuals or the general public pursuant to Subsection D. Notice of suspension or revocation of the license and the reason(s) therefor shall be served by the Chief of Police or his designated agent upon the person named in the license or by mailing the same to the address given in the license, whereupon a copy of such notice shall be filed in the Clerk's office with an affidavit of service or mailing. When a license shall be revoked, no refund of any unearned portion of the license fee shall be made. ("License" as used herein shall mean a vehicle and/or driver's license issued by the Town of Wallkill in accordance with this chapter.)
C.
Term of suspension. A suspension of a license by the Chief of Police
or his designated agent shall be effective for 30 days, running from
the date of notification upon the license holder.
D.
Grounds for suspension and revocation. No license issued under this
chapter shall be suspended or revoked without cause. Cause shall include,
but shall not be limited to:
(1)
Suspensions:
(a)
Failure to properly maintain vehicle and/or equipment, both
physically and/or mechanically, pursuant to the requirements of this
chapter.
(b)
Arrest of a licensee for a felony or misdemeanor allegedly committed
by the licensee if the Chief of Police determines that there is a
direct relationship between the arrest and the duties and obligations
inherent to a taxi license or that the continuation of the license
would involve an unreasonable risk to property or to the safety or
welfare of specific individuals or the general public. A licensee
must report his or her arrest for any crime to the Chief of Police
within five business days of the arrest.
(2)
Revocations:
(a)
Any two suspensions within the twelve-month period of the issuance
of the license.
(b)
Knowingly filing a false application.
(c)
Any arrest or conviction of a licensee for a criminal offense
committed by such person during or in relation to taxi operation.
(d)
Conviction of a licensee for a felony or misdemeanor if the
Chief of Police determines that there is a direct relationship between
the conviction and the duties and obligations inherent to a taxi license
or that the continuation of the license would involve an unreasonable
risk to property or to the safety or welfare of specific individuals
or the general public.
(e)
Any driver who operates with a suspended driver's or vehicle
license as issued by the Town of Wallkill or a suspended registration.
(f)
The suspension or revocation of an operator's New York
State driver's license by the New York State Department of Motor
Vehicles.
(g)
Operation of a taxicab without the insurance required by this
chapter, for illegal purposes or in violation of the law.
E.
Review of denial, revocation or suspension. A hearing officer shall be appointed by the Mayor to hear and decide appeals taken from any determination made by the Chief of Police or his designated agent which denied, revoked or suspended such driver and/or vehicle license. 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 hearing officer for review of such denial, revocation or suspension as set forth in this chapter. The failure of an aggrieved party to take an appeal within 10 business days of receipt of such denial, revocation or suspension shall constitute a waiver of right to appeal. Appeals shall be heard pursuant to the provisions of § 217-28 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.
A.
Insurance.
(1)
No vehicle shall be licensed unless it is a four-door sedan, a four-door
hatchback, a four-door hybrid vehicle, a sport utility vehicle (SUV),
a van or a station wagon and is insured by a public liability policy,
written by an insurance company licensed to do business in the State
of New York, for damages in the amounts required by the laws of the
State of New York.
(2)
All such insurance policies must include a provision which names
the Town of Wallkill as an additional certificate holder and which
requires the Town of Wallkill to be notified in the event of any changes
in such policies, which changes include, but are not limited to, cancellation
of the policies and changes in the policy limits.
(3)
No SUV or van will be used as a taxicab to pick up passengers unless
and until any prospective passenger is advised that he or she will
be picked up by a van or SUV and unless and until such passenger agrees
to be picked up by a van or SUV.
B.
No vehicle shall be initially licensed until it has been thoroughly inspected by a New York State certified/licensed mechanic who is not an employee of the Town of Wallkill and who has no blood or business relationship with the owner or lessee of the vehicle to be licensed. All such mechanics shall be designated for that purpose by the Chief of Police or his designated agent, and a written report of the inspection in a manner prescribed by the Chief of Police or his designated agent shall have been filed with the Chief of Police or his designated agent. A copy of the report shall be given to the owner and/or lessee of the vehicle at the completion of the mechanical inspection. The initial inspection shall be both mechanical and physical, as those terms are used in Subsection C hereof. The vehicle owner shall be liable for all costs incurred with respect to all inspections required under this section.
C.
Post-licensing inspections.
(1)
Subsequent to the initial inspection, there shall be at least four
inspections annually of each vehicle so licensed. At least one inspection
shall be conducted in each quarter of the calendar year; however,
no inspection shall be conducted within 60 days of a previous inspection
without the permission of the Chief of Police or his/her designated
agent. Two of the inspections shall be physical, and two shall be
mechanical. The Chief of Police or his/her designated agent can request
an inspection at any time. If a mechanical inspection is requested,
the inspection shall be performed at a location acceptable to the
Chief of Police or his/her designated agent, and at the taxicab operator's
expense. The mechanical inspection shall be conducted by a New York
State-certified/licensed mechanic who is not an employee of the Town
of Wallkill and who has no blood or business relationship with the
owner or lessee of the vehicle to be inspected, and such mechanic
is to be designated by the Chief of Police or his/her designated agent.
The vehicle owner shall be liable for all costs incurred with respect
to said inspections. All reports shall be on forms provided by the
Police Department which contain the following information: vehicle
make, model, license plate, year, vehicle identification number, mileage
and year; name and New York State inspector number of the mechanic;
New York State inspection sticker number; name, address and New York
State inspection station number of the garage at which such mechanic
is employed or works; and date of the inspection.
(2)
Renewal inspections. A physical and mechanical inspection shall both be performed at the time of renewal of the vehicle license. Such inspections may be done any time within 30 days prior to the renewal date to be valid for the subsequent year. The renewal inspection shall satisfy the inspection requirement of Subsection C(1), above, for the quarter in which the renewal inspection is conducted.
(3)
Mechanical inspections. A vehicle shall not pass a mechanical inspection
unless it is in a thoroughly safe condition for the transportation
of passengers and in good repair. In addition, a vehicle shall not
pass a mechanical inspection unless it has passed all the requirements
of a New York State motor vehicle inspection. A mechanical inspection
shall include, but not be limited to, certification of the following
items: all four wheel brake pads have been visually inspected and
are in good working order; the speedometer accurately registers the
speed of the vehicle.
(4)
Physical inspections. Physical inspections may be performed by police
officers designated by the Chief of Police or his/her designated agent.
A vehicle shall not pass a physical inspection unless it is free of
excessive auto body and paint damage, clean, fit, uniform in color,
of good appearance and in a thoroughly safe condition. A physical
inspection shall include, but not be limited to, certification of
the following items: all lights are working; all glass not addressed
or required by the New York State inspection laws must be present
without breaks or cracks; all windows work; all doors work; all door
handles work; all locks work; floorboards must be strong enough to
hold the weight of any passengers or drivers who may use the vehicle;
the heating system must work; the paint is not blistered, cracked,
or discolored; rust must not have penetrated through any body parts;
body parts must not be damaged; body parts must be securely fastened
to the vehicle; inside and outside upholstery must not be ripped or
worn out; the vehicle has at least two thirty-minute safety flares;
the vehicle has a safe and usable spare tire; and the equipment necessary
to change a tire on the vehicle is present and in good working order.
D.
The Chief of Police or his designated agent may suspend any owner's
vehicle license for failing the inspection(s) required hereunder for
30 days, or until it has been determined by re-inspection that the
vehicle has been repaired. The Town of Wallkill does not guarantee
the mechanical safety of any vehicle licensed and inspected under
this section.
E.
The Chief of Police or his designated agent shall notify all owners
or lessees licensed hereunder of the dates of physical inspections,
which dates shall be at least 10 days after the mailing of notification,
and which inspections may be scheduled by the Chief of Police as often
as he deems it necessary. The notification shall be in writing, sent
by regular mail, and shall state the date, time and place of inspection.
Failure of the vehicle to be produced for such inspection shall be
cause for the suspension of the vehicle's license.
F.
Repair work which is required to be done after a mechanical inspection
of a vehicle shall be completed within five days of the mechanical
inspection by a New York State certified repair garage, and satisfactory
proof of repair shall be presented to the Chief of Police or his designated
agent. Failure to make such repairs and/or to present satisfactory
proof may be a ground for suspension of an owner's or lessee's
license.
G.
No taxicab license shall be issued to any vehicle which is more than
10 model years old. This provision shall not apply to vehicles currently
licensed under this chapter.
H.
A vehicle larger than a four-door sedan, a four-door hatchback, a
four-door hybrid vehicle, a sport utility vehicle (SUV), a van or
a station wagon may be licensed under this section if it is owned
and operated by a lawfully authorized provider of transportation services
pursuant to the provisions of 18 NYCRR 505.10. Such vehicle must be
clearly marked as a recipient of said authorization. The operator
of such vehicle must at all times carry written proof of said authorization.
When engaged in a medical transport, the operator of such vehicle
must carry proof that he or she has received prior authorization for
that passenger pursuant to the provisions of 18 NYCRR 505.10. Nothing
in this subsection is to be construed as waiving compliance by owners
and operators with all requirements of this chapter, including the
obtaining of a medallion, except as specifically provided for herein.
A.
If, upon inspection, a taxicab is found to be of lawful construction
and in proper condition in accordance with the provisions of this
chapter, and upon the approval of the application and the payment
of the license fee hereinafter set forth, the same shall be licensed
by delivering to the owner a card of such size and form as may be
prescribed by the Chief of Police. The card shall contain the official
license number of the taxicab, together with the date of inspection
of the same, and a statement to the effect that, in case of any complaints,
the Chief of Police shall be notified, giving a license number of
the taxicab. Such card shall be signed by the Chief of Police and
shall contain blank spaces upon which an entry shall be made of the
date of every inspection of the vehicle by the Chief of Police or
his representative. The license number assigned hereunder shall in
each case be the same as that assigned to the vehicle for that year
pursuant to law. The Chief of Police shall also affix to the cowl
on the right-hand side of each taxicab a small plate or medallion,
not exceeding six inches in diameter, which shall bear the license
number of the vehicle. Any licensee who defaces, obliterates or changes
any official entry made upon his license or plate shall have his license
revoked. Medallions may be issued only to the owner or the lessee
of the vehicle to be licensed. The number of the taxicab license or
medallion must match the number of the taxicab.
B.
No taxicab license may be sold, assigned, leased or otherwise transferred without the consent of the Chief of Police. Any license may be transferred to another, to be used in the bona fide operation of a taxicab business, with the consent of the Chief of Police upon the filing of an application as provided in § 217-13 of this chapter and upon the payment of a transfer fee of $500; provided, however, that no transfer may be made in the month of March. Notwithstanding the foregoing, the holder of a taxicab license may transfer the license to a corporation of which such holder of the taxicab license is the sole shareholder, and there will be no transfer fee imposed in connection with such transfer. No taxicab license shall be assigned, mortgaged, pledged or otherwise transferred to secure a debt, loan, advance or other financing transaction.
C.
No taxicab license or medallion shall be transferred from one car
to another without the benefit of the mandatory vehicle inspection.
After passing said inspection, the applicant shall pay a transfer
and reinspection fee of $250, unless such transfer and inspection
is made in the renewal month of March.
D.
Display of complaint procedure. Owners and lessees of licensed vehicles
shall display, constantly and in a conspicuous place visible to all
passengers, a sticker to be issued by the Chief of Police or his designated
agent, which states: "Complaints regarding the physical condition
of the vehicle, the driver or anything affecting the safe and convenient
use of taxicabs in the Town of Wallkill may be made in writing and
addressed to the Chief of Police, Town of Wallkill, 99 Tower Drive,
Middletown, New York 10941."
E.
Medical transport taxicab license. Owners of vehicles larger than a four-door sedan or station wagon that are used solely for lawfully authorized transportation services pursuant to the provisions of 18 NYCRR 505.10 may apply for a medical transport taxicab license. Such applicants must comply with all of the requirements of this section and chapter, except the auction provisions contained in § 217-25D(3) and the rate card provisions contained in § 217-21B, and except as otherwise provided in this chapter. The fee for a medical transport taxicab license shall be $300. Medical transport taxicab licenses are not transferable. Such licenses shall be issued as of May 1 in each and every year and shall expire on the April 30 next succeeding, unless sooner suspended or revoked. A medical transport taxicab license must be issued for a specific vehicle, and shall not be used for any other vehicle, except by permission of the Chief of Police or his designee. A vehicle which is designated for a medical transport taxicab license shall not be used for a nonmedical transport. A violation of any provision of this subsection shall result in the revocation of the medical transport taxicab license.
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.
A.
No taxicab stands shall be established without expressed written
authorization from the Town Board of the Town of Wallkill.
B.
It shall be unlawful for any owner of a taxicab or any holder of
a taxicab license to cause or permit more than one taxicab to be stored
or parked on any lot in any residential zoning district in the Town
of Wallkill or on any street overnight or for an extended period of
time in excess of four consecutive hours.
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.
A.
Minimum fare; zone map.
(1)
It shall be unlawful for any taxicab owner or the operator of any
taxicab driven in the limits of the Town of Wallkill to charge a fare
of less than $1.50. It shall be unlawful to change the fares during
periods of inclement weather or during a period of hire. The provisions
of this subsection shall not apply 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.
(2)
Any taxicab company not using a ride share app to determine route
and price, and establishing more than one zone in the Town of Wallkill,
shall include a map clearly showing the zones and rates on a rate
card of a minimum size of nine inches by 12 inches, visible to the
fares in the taxicab. Any senior citizen discount may go below the
established minimum fare stated above.
B.
Rate cards.
(1)
Within 10 days of passage of this chapter, taxicab owners and/or
operators not using a ride share app to determine route and price
shall file with the Town Clerk rate cards which indicate a schedule
of fees. Such rates and fees shall become the fixed rates and fees
for the individual registrant and shall remain fixed. These rates
and fees shall include zone maps, charges for local fares, waiting
time, running time, charges for additional fare, extra stops in transit
and additional fees for late hour calls.
(2)
In instances where ride sharing apps are not used, rate cards shall
be prominently displayed on the dash of each taxicab and shall be
easily visible to passengers. The rate card shall be clearly maintained
at all times. Any violation of such filings shall result in suspension
of the taxicab license until the next filing, at which time the Common
Council shall determine whether the license shall be renewed. Any
attempt to circumvent the intent of this chapter shall be deemed a
violation thereof.
(3)
The fixed rates and rate cards as established above shall be in effect
for a minimum period of four months.
C.
Multiple passengers.
(1)
No driver of a licensed taxicab shall carry any person other than
the passenger(s) employing a taxicab, without the consent of such
passenger. No person shall be required to ride in or pay for a called
taxicab if the same is occupied by another passenger without his consent.
The provisions of this subsection shall not apply 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 or by consent within a ride sharing app as it applies.
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 anywhere in the
Town unless previously engaged or unable to do so. The provisions
of this subsection shall not apply 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.
B.
Disputed fares. All disputes as to fares shall be determined by the
officer in charge of the police station; failure to comply with such
determination shall subject the party offending to a charge of disorderly
conduct, punishable by a fine not to exceed the Town fine limitations
for such conviction and to include all necessary fees required. Whenever
a passenger asks for a receipt, 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 and the amount of fare collected.
C.
Overcharge. No person shall charge or attempt to charge any passenger
a greater rate of fare than that to which the taxicab is entitled
under the provisions of this chapter.
D.
The failure to operate a taxicab in the taxi business for a ninety-day
period shall be deemed an abandonment, and the medallion shall be
returned.
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.
A.
A deposit of $100 will be placed with the Office of the Town Clerk before the medallion is issued under the provisions of this chapter, to be returned to the assignee upon the return of the medallion to the Clerk or upon written proof, signed before a notary, that the medallion had been transferred or sold to another, pursuant to § 217-15B.
B.
A medallion replacement fee of $50 will be assessed in the case of a lost, damaged or destroyed medallion, or for some reason it cannot be returned. The deposit of $100 is to be returned as provided for in the foregoing Subsection A.
C.
Every person to whom a medallion has been issued under the provisions
of this chapter shall, upon discontinuance or abandoning the operation
of driving a taxicab, return such medallion to the Town Clerk and
receive his original deposit, unless such medallion has been lost,
damaged or destroyed or for some other reason cannot be returned.
D.
For each medallion that has been returned in accordance with the
above sections, such medallion will be redistributed in accordance
with the following procedure:
(1)
Notice will be published by the Town Clerk in a newspaper of general
circulation stating that a medallion or medallions has or have been
returned to the Town and is or are available for redistribution in
accordance with this section.
(2)
All persons or entities who or which desire such medallion(s) shall
apply for the same upon forms to be obtained from the Office of the
Town Clerk, together with an application fee of $50 per medallion.
All such applications must be returned within two weeks of the first
date the notice set forth above was published in the newspaper. Applications
which do not meet the requirements of all provisions of this chapter
shall be returned to the applicant.
(3)
All such applicants shall be notified of a public auction of said medallions. Each available medallion shall be auctioned off individually by the Town of Wallkill, which shall have the right to set a minimum bid for each medallion. On the day the medallion is purchased, the purchaser must put down 10% of the total purchase price of the medallion. The purchaser shall have one week from the termination of the auction to pay the full price of the medallion. If a medallion is not fully paid for within the one-week period, the purchaser will lose all rights to such medallion, and the medallion will be added back to the auction list. Any such defaulting purchaser shall forfeit all of the funds paid on the day of the auction. All other fees imposed by this chapter shall continue to be in force. The auction provisions of this subsection shall apply to all taxicab licenses currently held by the Town, but shall not apply to medical transport taxicab licenses issued pursuant to § 217-15E of this chapter.
A.
No person owning or driving a taxicab shall deceive any passenger
who may ride or who may desire to ride in any such vehicle as to his
destination by the shortest route or the lawful price to be charged
for such person, or shall convey such passenger or cause him to be
conveyed to a place other than that directed by him.
B.
Misrepresentation. No person owning or driving a taxicab shall misrepresent
himself or the company for which he works to any passenger who rides
or who may desire to ride in any such vehicle as to the taking of
any person that has previously called or is going to call for another
individual taxi or company, for transportation to a certain destination.
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.
A.
Any person violating any of the provisions of this chapter shall,
upon conviction, be punished by a fine of not less than $250 and not
greater than $1,000 or imprisonment not exceeding 15 days, or both,
and in addition thereto, if a licensee, his license or licenses may
be suspended or revoked. The Chief of Police may, in his discretion,
temporarily suspend a license pending the prosecution of the licensee.
B.
Upon a prosecution for a violation of § 217-15C of this chapter, the Police Chief may, in his discretion, suspend the taxi license or medallion of the taxi itself for a period not to exceed 30 days for a first offense and for a period not to exceed 60 days for a second or subsequent offense. Upon the third conviction for violating § 217-15 of this chapter, the taxi license or medallion of the taxi itself shall be revoked by the Police Chief in accordance with the procedures set forth in § 217-11 of this chapter.
C.
Upon a conviction for a violation of § 217-3B of this chapter, the Police Chief shall suspend the medallion of the taxi itself for a period of not less than 15 days and not greater than 45 days, the length of the suspension being in the discretion of the Police Chief. If a medallion owner accumulates two or more such medallion suspensions in a calendar year, the Police Chief, in his discretion, may suspend the medallion for a period not to exceed one year.
D.
Upon a conviction for a violation of § 217-14A of this chapter, the Police Chief shall suspend the medallion of the taxi itself for a period not to exceed the duration of the insurance violation, the length of the suspension being in the discretion of the Police Chief. If a medallion owner accumulates two or more such medallion suspensions in a calendar year, the Police Chief, in his discretion, may revoke the medallion.
A.
The hearing officer appointed by the Town Supervisor shall hear and
decide appeals from and review any order, denial, suspension or revocation
made by the Chief of Police or his designated agent with respect to
a driver's or vehicle license as provided for herein.
B.
Request for hearing. Upon the denial of an application, or the suspension
or revocation of a license, the aggrieved party may, within 10 business
days after receiving written notice, file a request, in writing, upon
the hearing officer for review of said decision by the Chief of Police
or his designated agent. Failure to file within such ten-day period
shall be deemed a waiver of the aggrieved party's right to file
an appeal.
C.
Hearings. Upon receipt of a request for a hearing as provided above,
the hearing officer shall set a time and place for a 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 of such request if good and sufficient
reason exists.
D.
Findings. The aggrieved party shall be given an opportunity to present
evidence why such denial of application, or such suspension or revocation
of the license, shall be sustained, modified or withdrawn. The Chief
of Police or his designated agent may also present evidence. Upon
consideration of the evidence presented, the hearing officer shall
sustain, modify or withdraw the decision of the Chief of Police or
his designated agent. In the event the aggrieved party is not satisfied
with the decision of the hearing officer, such aggrieved party may
file an Article 78 proceeding under the New York Civil Practice Law
and Rules, except that such Article 78 proceeding must be filed within
30 days of the filing of the hearing officer's decision with
the Town Clerk of the Town of Wallkill and service of the same upon
the aggrieved party.