No person shall drive a taxicab or be hired or permitted to
do so unless he is duly licensed as a chauffeur, holding a NYS DMV
Class E or greater license.
Each applicant will complete an application form with the City
Clerk/Chamberlain's office. Any false statement made on the application
will disqualify and bar the applicant from applying for a period of
one year. Each application for a City of Fulton taxicab driver's
license will have a local police record check and a driver's
license check, and the City Clerk/Chamberlain shall not issue a taxicab
driver's license until the applicant meets the requirements as
determined by the local record check. A nonrefundable fee of $35 for
each driver applying for a license shall be paid at time of application.
A.
No persons that have been convicted of a violent felony as outlined
in § 70.02 of the New York State Penal Law, a felony related
to narcotics, or a registered sex offender shall be permitted to drive
a taxicab.
B.
Required. No person shall drive a taxicab within the City without
a taxicab license.
C.
Qualifications.
(1)
Each applicant for a taxicab driver's license shall have the
following qualifications. He or she must:
(a)
First have obtained a chauffeur's license from the State
of New York.
(b)
Be of the age of 18 years or over.
(c)
Not be addicted to the use of intoxicating liquor, or of drugs,
and must be neat in dress and person.
(d)
Fill out an application to be approved by the Chief of Police
stating their full name, residence, age, height, color of eyes, color
of hair, place of birth, whether a citizen of the United States, length
of time they have resided at their current residence, places of employment
in the past five years, whether married or single, whether they have
ever been convicted of a felony or misdemeanor and, if so, such details
as the Chief of Police may require, whether they have been previously
licensed as a driver or chauffeur and, if so, whether their license
has ever been revoked or suspended, with the reason therefor, and
the number of chauffeur's licenses issued to them by the State
of New York, which statement shall be signed and sworn to by said
applicant and shall be filed with the Chief of Police and Clerk/Chamberlain
as a permanent record.
(2)
The Chief of Police may require of any applicant such additional
information as they may deem necessary to clarify or more fully explain
any of the statements made in the application.
(3)
False information; effect and action thereon. Any false statement
by the applicant for a taxicab driver's license shall be cause
for refusing the license or revoking the license after it is issued,
and such false statement shall be promptly reported by the Chief of
Police to the District Attorney.
(4)
Authorization for investigation. Accompanying each application, the
applicant shall furnish to the Chief of Police, on a form provided
by the Clerk/Chamberlain, a signed authorization by the applicant
permitting any person to divulge and report to the Chief of Police
any matter which might otherwise be confidential, without limitation.
(5)
Investigation. After receipt of an application, the Chief of Police
shall institute an investigation of the applicant, including the applicant's
driving record, and no license shall be issued under the provisions
of this chapter until the Chief of Police has indicated, in writing,
approval thereof after such investigation has been completed.
(6)
Refusal of license. If the results of the investigation are unsatisfactory,
in the opinion of the Chief of Police, the applicant shall be refused
a license, subject to the provisions hereof for hearings.
Each applicant for a taxicab driver's license shall be
given a copy of the above noted ordinance, and it shall be the responsibility
of the applicant to become familiar with the provisions of this chapter,
the traffic regulations of the City, the Vehicle and Traffic Law and
the geography of the City, and to fully comply with said ordinance,
regulations and laws.
A.
Each applicant for a driver's license under this chapter shall
file with his application two recent two-inch-by-two-inch size photographs
of themselves of a size which may be easily attached to the license
card. The photograph shall be taken within 30 days of the date of
the application. A copy of the photograph shall be filed with the
application and another copy attached to the license to be issued
hereunder. All taxicab licenses will remain the property of the City
of Fulton.
B.
Exhibition. The photograph, together with their driver's license,
must be exhibited by each licensed driver upon demand and shall be
displayed in a prominent place in the taxicab, clearly visible to
passengers, at all times while he or she is operating the same.
A.
Required. Each applicant for a taxicab driver's license shall
contact the Fulton Police Department for information for the purpose
of scheduling an appointment with a private vendor for submission
of civilian fingerprints. All applicable fees for this service shall
be the expense and responsibility of the applicant.
B.
The applicant's fingerprints shall be forwarded to the Fulton
Police Department (FPD) in the form and manner as prescribed by FPD
for a complete criminal background check. Applicants are responsible
for all fees associated with the fingerprint submission.
C.
The Chief of Police or his authorized designee shall review all information
provided in connection with the applicant's criminal background
check.
D.
Grounds for denial of license. No license shall be granted to a person
who has been convicted of a felony. Where the felony conviction is
a crime against property, at the discretion of the Chief of Police
or his authorized designee, a probationary license may be issued.
In addition, at the discretion of the Chief of Police or his authorized
designee, persons convicted of misdemeanors involving crimes against
persons and/or crimes which are alcohol- or drug-related may be denied
a license. Any denial of license is subject to Articles 23 and 23-A
of the New York State Correction Law.
A.
Issuance. Upon complying with the foregoing requirements to the satisfaction
of the Chief of Police or their authorized designee, and upon the
conclusion by the Chief or their authorized designee that the applicant
is a proper person to be given a license to operate a taxicab in the
City, there shall be issued to the applicant a license. Each license
shall be in such form as to contain the photograph and signature of
the licensee and blank spaces upon which a record may be made of any
arrest or serious complaint against them or of any accident in which
they have been involved.
B.
Contents. All licenses shall be numbered in the order in which they
are issued and shall contain the name and place of residence of the
licensee and the dates of issuance and expiration of the license.
C.
Suspension or revocation for defacing. Any licensee who defaces, removes or obliterates any official entry made upon their license may have their license suspended or revoked as provided in Chapter 560, Taxicabs, of this municipal Code.
D.
Term. An original license fee, as established from time to time by
Common Council resolution, shall be paid for a taxicab driver's
license, said license shall be renewable every year by the 30th day
of April thereafter and upon payment of the established fee and approval
of the Chief of Police or their authorized designee endorsed on the
expiring license.
E.
Newly licensed taxicab drivers will be subject to a six-month probationary
period.
It shall be unlawful for the driver of a taxicab while on duty
to:
A taxicab driver's license or permit may at any time be
suspended or revoked for cause after a hearing by the Chief of Police,
Clerk/Chamberlain and one designated member of the Common Council.
When the license or permit is suspended or revoked, a note of the
revocation or suspension shall be forthwith entered in a permanent
record to be kept and maintained for such purpose by the Clerk/Chamberlain.
A second suspension for the same reason or, in any case, a third suspension
of a driver's license shall revoke the license.
A record of taxicab drivers' licenses and permits shall
be kept in the office of the Clerk/Chamberlain. A complete record
of each license or permit issued to a driver and of all renewals,
suspensions and revocations thereof shall be kept on file with the
original application of the driver for a license.
No person shall drive a taxicab or be hired or permitted to
do so unless he is duly licensed as a taxicab driver by the City.
